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HomeMy WebLinkAboutR-1999-079 Special election on fluoridation of City’s waterRESOLUTION NO. R-99- 79 A RESOLUTION providing for the submittal to the electors of the City of Yakima, Washington, at a special election to be held in conjunction with the State General Election of November 2, 1999, of a proposition as to whether or not publicly and privately owned class "A" water supplies shallbe fluoridated as a public health and safety regulation at water rate payer expense. WHEREAS, the citizens of the City of Yakima should have the right to choose whether new chemical compounds or substances such as fluoride should be introduced into the water supply that they drink and may affect human health and environmental quality; and WHEREAS, some members of the public have requested that the City of Yakima require the fluoridation of potable water made available for public consumption within the City of Yakima while other members of the public oppose fluoridation; and WHEREAS, some studies have shown that fluoridation of water supplies provide significant heath benefits to children and adults within the City of Yakima by reducing the risk of dental cavities; and WHEREAS, other studies have shown that fluoridation of drinking water may result in increased risk of various health problems for elderly citizens who have osteoporosis; and WHEREAS, the City Council finds that in order to resolve this dispute clearly on one side or the other, the citizens of Yakima should determine this public health and safety issue for themselves; and WHEREAS, the cost of fluoridation and daily monitoring of fluoride levels required by state regulation would require an increase in the cost of water; and WHEREAS, Article IV, Section 4 of the Yakima City Charter and RCW 35.22.200 provide that the City Council may submit to popular vote for adoption or rejection at any election any proposed ordinance; and WHEREAS, The City Council hereby finds and declares an emergency to exist so as to authorize such special election be called, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Council of the City of Yakima does hereby propose to the electors of the City of Yakima that Sections 4.04.010, 4.04.020, 4.04.030, and 4.04.040 of the City of Yakima Municipal Code be enacted to read as follows: C:\WINDOWS\DESKTOP\DOCUMENTS\civ.resolutions\res. election on fluoride.doc 1 "4.04.010 Purpose. The citizens of the City of Yakima find that fluoridation of water supplies provides a significant health benefit to residents of the City by reducing the risk of dental cavities. 4.04.020 Definitions. A. `Large water system' means a public water system with two hundred and fifty or more service connections, regardless of the number of people served, but shall not include non- community water systems as defined in WAC 246-290- 020(5)(6). B. `Service' means a connection to a public water system designed to provide potable water. C. `Potable' means water suitable for drinking by the public. D. `Public water system' means any system providing piped water for human consumption regardless of the system's form of ownership and regardless of whether it holds its services out to the general public. E. 'Ambient fluoride' shall mean fluoride that occurs naturally in potable water. 4.04.030 Fluoridation Required. All Targe water systems which supply potable water within the city limits of the City of Yakima shall provide fluoridated water to City residents. Such water shall be fluoridated either as a result of ambient fluoride levels or by adding fluoride. Systems which add fluoride shall be required to maintain a fluoride concentration in the range of 0.8 through 1.3 milligrams per liter in accordance with WAC 246-290-460 as now or hereinafter amended. All other large water systems shall maintain fluoride levels between 0.8 milligrams per liter and the maximum ambient fluoride levels permitted under WAC 246-290-310 as now or hereinafter amended, or more restrictive state or federal law. 4.04.040 Funding. The Yakima City Council is authorized and directed to increase City water rates as needed to fluoridate City -owned water systems." Section 2. The foregoing ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. Section 3. That a special election be held in the City of Yakima in conjunction with the State General Election to be held on November 2, 1999, all in accordance with applicable laws, for the purpose of submitting to the electors of the City of Yakima for their approval or rejection an ordinance requiring all Group A water systems providing water within the City of Yakima to provide C:\WINDOWS\DESKTOP\DOCUMENTS\civ.resolutions\res. election on fluoride.doc 2 water fluoridated in accordance with Washington State Department of Health regulations. Section 4. That the Ballot title for the aforesaid proposition shall read as follows: FLUORIDATION BALLOT TITLE Shall all potable water supply systems having 250 or more connections within the City of Yakima be fluoridated according to State standards, all as more fully provided in Resolution R-99-79 of the Yakima City Council? Section 5. That the County Auditor of Yakima County, Washington, is hereby requested to submit the foregoing proposition to the electors of the City of Yakima for their approval or rejection at a special election in conjunction with the State General Election on November 2, 1999, all in accordance with applicable laws; and the City Clerk is hereby directed to notify the County Auditor of Yakima County, Washington, of the passage of this resolution and to do all other things necessary in the time and manner required by law to the end that the proposition set out hereinabove shall be submitted to the electors of the City of Yakima, Washington, as set forth in this resolution. ADOPTED BY THE CITY COUNCIL this 15th day of June 1999. ATTEST: City Clerk C:\WINDOWS\DESKTOP\DOCUMENTS\civ.resolutions\res. election on fluoride.doc 3 John Puccinelli, Mayor Class A systems in the city limits: Name Raybung Well Laura Lee Mobile Community Pump Carriage Hill Estates Nob Hill Water Riverview Mobile Woodland Park Whispering Pines City of Yakima Water Source Private Well Private Well Private Well Private Well Wells City Water City Water City Water City Water Number of Connections 22 48 15 83 N/A N/A N/A 19,200 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, Washington 98901-2830 (509) 575-6033 Fax (509) 575-6160 MEMORANDUM May 21,1999 TO: R.A. Zais, City Manager FROM: Jeff. B. West, Sr. Assistant City Attorney SUBJECT: Timing of Special Election on Fluoridation There appears to be no legal impediment to the City Council setting the special election on Fluoridation on either the November 1999 or the November 2000 ballot. The State requirement is that the Council file its request for a special election in the form of a resolution at least 45 days prior to the election. RCW 29.13.020. There is no time specified other than that the resolution be filed at least 45 days prior to the election. County Auditor Douglas Cochran states that he will accept a resolution calling for either election date. The City Charter states: "The City Commission (sic) may submit to popular vote for adoption or rejection at any election any proposed ordinance .... " Art IV Sec. 4. (emphasis added). Hence it appears that either election date will satisfy the Charter. However, the Council should be aware that setting this proposition to the November 2000 ballot may limit options on any future special election since the City Charter mandates that; "There shall not be held under this article more than one special election in any period of six months." Art. IV Sec. 5. Article IV of the City Charter covers referendum, initiative and proposition elections. Hence, by scheduling the proposition for the November 2000 ballot, the City would be unable to hold any referendum, initiative or proposition election within 6 months of the November 2000 election. Jeffrey Hagen, DDS, MPA 221 Valley Vista Lane Yakima, WA 98901 Phone: 509-248-0438 Fax: 509-452-1570 E-mail: jhagen@wolfenetcom May 6, 1999 Mr. Richard Zais, City Manager 129 North rd Street Yakima, WA 98901 Dear Mr. Zais: • I MAY 7 loc.: 1 o..J a .J LeF1-':C: yr C.... la On behalf of the Ad Hoc Fluoridation Committee of the Yakima County Children's Oral Health Coalition,1 am requesting that our committee be given the opportunity to provide input into the wording of the fluoridation initiative for the November 2 ballot. 1 am sure you will agree that it is essential that the wording be clear, concise, and unbiased. Using language that is as simple as possible will help the citizens of Yakima to easily understand the question on which they are voting and will facilitate translation of the words into Spanish. Following, for your consideration, is an example of a simple statement that tells very briefly what is proposed and why it is proposed: "Should fluoride be added to the Yakima City water supply to prevent tooth decay?" The committee would appreciate the opportunity to review the City Council's proposed wording while it is in draft form, if this is possible, Please contact me at 248-0438 or Russell Maier, M.D., at 453-2441 for such a review. Thank you for your consideration in this -matter. Sincerely, 1l Jeffrey Hagen Ad Hoc Fluoridation Committee ESTIMATED COSTS OF ADDING FLUORIDE AT THE ' ' " ...... ( WATER TREATMENT PLANT t 1AY 7 1999 USING HYDROFLUOSILICIC ACID (hy-dro-FLEW-oh-suh-lys4k) 1F CITY M1A ,r Chemical Hydrofluosilicic Add 24% +1-1 % Specific Gravity — 1.222 / 10.175 lbs./gal / 2.44 lbs. fluoride per gel of acid Cost $301.00 per liquid Ton / S0.627 per Ib. of fluoride Delivery 24 ton / 4800 gal lots / 3 to 4 loads per year Feed Rate 1 mg/I. Average flow of 12 MGD = 100 lbs./day of fluoride @ Maximum flow of 25 MGD = 210 lbs./day of fluoride Yearly flow of 4,380 MG = 37,000 lbs./year of fluoride Storage Requirements Chemical proof 6,500 gallon tank 20 ft. X 20 ft. building for tank Feed Equipment Safety Equipment 2 ea. 5 gallon per hour positive displacement pumps Electrical Process Control programming Emergency eye wash/shower Chemical masks Rubber gloves and aprons Eye protection Water Testing Equipment Fluoride residual tester Design System design and specifications NOTE Adding fluoride to the drinking water can be accomplished using sodium fluoride, silica fluoride or Hydrofluosilicic acid. Sodium and silica fluorides are powders and Hydrofluosilicic acid is a liquid. Because of the amount of fluoride required it will be most efficiently accomplished with the Hydrofluosilicic acid. The powders, at 50 pounds per bag, will produce 800 bags per year that will have to be disposed of. The powders also require more equipment, such as a concentrator, than the acid will. This estimate is for Hydrofluosilicic Acid only. page 1 5/7/99 (r L Stoma Butkfine Feed System Miscellaneous Conafettetienesnefeet Coate ntlet Pitt iRV �,Vi/V:�/W Includes Wilding electrical, exhaust fans, unit heaters„ Emergency e wash/shotver, sanitary pm" jo� � aey� for floor drainswashsink ect..stowstack $25,000.00 Includes pumps, feed Pines, electrical equipment, Intwftwe to uperationallystern. 510,000.00 includes safety equipment, fluoride test equipment. Computer and Process Control interface. Desitin Costs S3O,00O.00 Includes eng;neering fees, and Department of Health design review fees, citizen involvement Total 5145,000.00 Annual Casttto.Operate.Ruoriate System Electrical S 200.00 Chemical $ 24,000.00 Maintenance S 5,00000 Safety Equipment S 100.00 Total Annual OpeFationai Cost $29,300.00 Page 2 6r!/99 LEGAL DEPARTMENT 200 South Third Street Yakima, Washington 98901-2830 May 27, 1999 James Matteucci Washington State Dental Association 2033 Sixth Avenue, Suite 333 Seattle, WA 98121 Dear Mr. Matteucci: 1 have received your letter dated May 18, 1999 in which you allege "that the City Council has not followed the principle of public meetings." The Open Public Meetings Act, RCW Chapter 42.30, sets forth the procedural and substantive requirements for public meetings of governing bodies within the State of Washington. With respect to the fluoride issue, the City Council has fully complied with every requirement of the Open Public Meetings Act and, in fact, has provided expanded notices and opportunities for public involvement that are above and beyond the minimum requirements of the statute. On April 6, 1999, the City Council held a public study session on the fluoride issue. Advance public notice was published for that study session, and members of the public were permitted to attend and did attend and speak at that study session. On April 20, 1999, the City Council again discussed the fluoride issue at its regular City Council meeting, and proponents of fluoridation were in attendance and testified before the City Council at that time. On May 18, 1999, the City Council, pursuant to advance published notice, considered the fluoride issue again and allowed a number of people to comment on this issue. At the conclusion of the public comment period, the Council chose to defer taking any final action on a fluoride ballot proposition pending some wording revisions to a draft resolution. When the revised resolution comes back before the City Council, there will be yet another scheduled opportunity for public comment. In light of the extensive amount of public involvement that has already occurred at open public meetings, it is clear that the City Council has not only followed all proper procedures but has allowed for greater public involvement than is required under state law. If your organization wishes to make further comment on this matter, please feel free to direct your letters and comments to the Yakima City Council. Civil Division (509) 575-6030 • Criminal Division (509) 575-6033 • Fax (509) 575-6160 Yakima IFIlmkaCk 'SIU.' James Mateucci May 27, 1999 Page - 2 Thank you for your consideration in this matter. Very truly yours, / Achee Raymond L. Paolella City Attorney RLP:Ik MHY lb ' yy 1c; 1 3 Pi WH 5 I H I L JJ N I HL H55N WSDA WASHINGTON STATE DENTAL ASSOCIATION Dr. Timothy E. Wendell °sidenl Mary Krempasky Smith President-elect Or. Jeffrey L. Parrish Vice President Dr. Mark V Walker Secretary -Treasurer Dr, Richard k Crinzi Immediate Past President Mr. Stephen A, Hardymon Executive Director May 18, 1999 Mr. Ray Paolella City Attorney City of Yakima 129 North 2"° Street Yakima, WA 98901 Dear Mr. Paolella; 1 F MAY 18 1999 OFFICE OFCITY MANAGER This is to review our telephone conversation from this morning. 1 am very concerned that the City Council has not followed the principal of public meetings, which is to facilitate open debate on important public issues. Other than today's meeting, it does not appear that fluoride has been a specific agenda item at previous City Council business meetings. Yet, the City Council clearly feels fluoridation is important and complex enough to put to a public vote_ So much so that it has drafted a resolution and suggestions for ballot title language. But by putting it to a public vote without proper public discussion of how and when to decide the issue the City Council, perhaps unfairly to itself, is reflecting a certain hostility toward the issue. Furthermore, putting fluoridation on the November ballot, when voter turnout will be low, unfairly empowers a small percentage of the population to make a decision impacting the public health and well being of the entire community. If the City Council remains committed to a public vote on fluoridation it is proper to have it on the 2000 ballot, when turnout will be high there will have been sufficient time for open debate from both sides. u ctor of Public Policy Mr. Richard Zais City Manager 2033 Sixth Ave., Suite 333 • Seattle, WA 98121 • ph 206 448.1914 • fax 206.443.9266 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 c,) For Meeting Of 6'//-319 ITEM TITLE: A resolution providing for the submittal to the electors of the City of Yakima, in conjunction with the State General Election of November 2, 1999, a proposition as to whether or not publicly and privately owned Class "A" potable water supplies shall be fluoridated as a public health and safety measure at water rate payer expense. SUBMITTED BY: Raymond Paolella, City Attorney Dueane Calvin, Water/Irrigation Manager Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dueane Calvin — 576-6480 SUMMARY EXPLANATION: The attached legislation is submitted pursuant to the Council's direction on April 6 to submit the issue of fluoridating the City's water supply to the voters at the November General Election. The basis for the City Council decision to place this matter before the citizens is set forth in the text of the attached resolution. (continued) Resolution x Ordinance Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL: • City Manager Aero STAFF RECOMMENDATION: Council Policy Issue BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (Ik)agenda•tluoride 99-jw Continuation of Summary Explanation to Agenda Statement regarding water fluoridation: In order for a special election to be held on November 2, 1999, the Council must adopt a resolution calling for the special election. In addition, a ballot title for the proposition must be adopted ...Lich meets the lecial test of accuracy. blectiVIIV and _I_..Cty. A[a_.. considering Y11111411 meets the ICyal tC�t of accuracy, YYICGtIYIty, 411Y 412f11tY• After UVII,IUGllllt�. several alternatives, including ballot propositions from other cities and the specific language proposed by the Ad Hoc Fluoridation Committee in its May 6 letter to the City Manager, the City Attorney has prepared a ballot title which meets the legal standard for such propositions. The language can be amended if desired provided that the title satisfies the legal standard referenced above. As a matter of clarification, Chapter 246-290 of the Washington Administrative Code (WAC) defines Class "A" water systems, referenced in the resolution, as those that "serve potable water to 15 or more connections or 25 or more people per day for 60 or more days per year." Potable water, as defined in the same section of the WAC, means "water suitable for drinking by the public." Currently there are nine Class "A" systems serving potable water to the citizens of the City of Yakima. However, many of these are small systems with Tess than 100 connections. It has been determined that due to the small size of these systems, it is impractical to require these small systems to fluoridate. Small systems without 24-hour per day monitoring could have difficulty controlling the levels of fluoride in their systems. Additionally, the financial impact on these small systems could be prohibitive. The National Centers for Disease Control generally recommend fluoridation in systems serving 1000 or more persons since systems of this size generally have 24-hour a day monitoring capability. Since accurately determining the number of persons served could be problematic, it is recommended that the level of 250 service connections be adopted. This assumes an average of four persons served per service connection. If citizens are served by a water supply with less than 250 connections as defined above, they will be exempt from the requirements for fluoridating their water supply if the proposition is approved by the voters. (1k)agenda-fluoride S9jw Health Action Network FLUORIDE FACT SHEET 1. Fluoride does not have FDA approval. Fluoride has never received FDA approval because the legally required proofs of safety and effectiveness have not been produced in over 50 years of uncontrolled and unethical medical experimentation on the entire population of the U.S. Promoters of fluoride treatment once claimed that it was a necessary nutrient. However, laboratory animals raised free of fluoride are healthier than those raised with fluoride in their diets. Both the FDA and the National Academy of Science have determined that fluoride is not a nutrient. It is designated a food contaminant. 2. Tooth decay is associated with poverty, not lack of fluoride. Over the past 50 years tooth decay rates have declined world-wide, without regard to fluoride treatment. Comparisons of "fluoridated" and non -"fluoridated" cities in the United States, Canada, Europe, Australia, and New Zealand show no difference in tooth decay rates, or slightly lower rates in in non -"fluoridated" areas. In both "fluoridated" and non -"fluoridated" cities, tooth decay rates are higher among low income groups. 3. The problem with fluoride is overexposure. Between 20 and 80 percent of children who drink "fluoridated" water develop dental fluorosis --permanent damage to the teeth that lead.s to increafed tooth decay. Dental fluorosis is evic`.ence of systemic fluoride poisoning and has been linked to abnormal bone growth. In addition to fluoride in drinking water, the human population is exposed to fluoride from industrial emissions, pesticides, over-the-counter dental products, and foods and beverages reconstituted and processed with "fluoridated" water. 4. Fluoride is an accumulative poison more toxic than lead, nearly as toxic as arsenic. The amount of fluoride in "fluoridated" water is 67 times higher than the amount of lead permitted in drinking water. 5. Some persons are more susceptible to harm from fluoride. In its toxicological profile on fluorides, the U.S. Department of Health and Human Services states: Existing data indicate that subsets of the population may be unusually susceptible to the toxic effects of fluoride and its compounds. These populations include the elderly, people with deficiencies of calcium, magnesium, and/or vitamin C, and people with cardiovascular and kidney problems. (Toxicological Profile for Fluorides, Hydrogen Fluoride, and Fluorine(F), Agency for Toxic Substances and Disease Registry, April 1993, p. 112.) Both animal and human studies show dramatic increases in bone cancer among young males exposed to "fluoridated" water. Hip fracture risks are as much as 50 percent higher among elderly men and women drinking "fluoridated" water. (p. 1 of2) FLUORIDE FACT SHEET (p.2of2) 6. Low-level fluoride exposure causes permanent neurological damage. Laboratory tests of fluoride neurotoxicity show damage to portions of the brain associated with attention deficit disorder and hyperactivity in humans when test animals are exposed to low levels of fluoride at an early age. Later exposure results in inactivity and sluggishness. Studies of children exposed prenatally to endemic fluoride found an average IQ deficit of 10 points across all age groups. 7. Fluoride in public water systems corrodes pipes and fixtures, increasing maintenance costs; and fluoride leaches lead, increasing the difficulty of meeting water safety standards and posing further danger of brain damage to young children. 8. The fluorides added to public- drinking water are raw industrial waste from aluminum smelting, phosphate fertilizer production, and other industrial processes and carry with them other toxic materials such as lead, arsenic, mercury, and even radionuclides. 9. Fluoride in public water systems pollutes the environment. Fluoride concentrations in"fluoridated" water are roughly one part per ..._on, which is the same as 1:0 milligram per liter. This fluoride is released into the environment in sewage effluent in excess of 1.0 milligram per liter. Fluoride concentrations above 0.2 milligrams per liter in fresh water are toxic to fish, including Pacific salmon, and other life in the ecosystem: 10. Bottled water can contain up to 4.0 parts per million fluoride. There is no state or federal requirement for disclosure of fluoride content in the labelling of foods, beverages, or bottled water. EPA regulations currently permit up to 4.0 parts per million fluoride in drinking water. Unlike chlorine and other toxins which can be removed by water filters, fluoride can only be removed by distillation. 11. Fluoride treatment is unprincipled medical experimentation. This experimentation includes the use of public drinking water for mass medication, unregulated sale of dental hygiene products, and dispensing of prescription preparations which are not FDA -approved. Water "fluoridation" fails to meet the requirements for human medical experimentation promulgated at the Nuremberg trials of Nazi war criminals. It also fails the ethical requirements of the American Medical Association for human experiments. 12. Fluoride in drinking water denies freedom of choice. Laws banning smoking in public places allow individuals to avoid other people's smoke. Fluoride in a public water system forces individuals to consume other people's medicine. Our unique form of government is designed to protect the rights of individuals and minorities. Using public drinking water to convey medical treatment violates this fundamental principle. An extensive bibliography of scientific papers and other documentation is available upon request. Health Action Network P.O. Box 275, Bellingham, WA 98225-0275 Ph/Fax (360)734-6647 2/97