HomeMy WebLinkAbout2004 02 09 Regular 501
020904_ COMM _Regular_50 I_Flouridation _Referendum
Page I of2
COMMISSION AGENDA
ITE~M 501
Consent
Information
Public Hearing
Regular X
MGR ~ /Dept
February 9,2004
Meeting
REQUEST: Commissioner Edward Martinez Jr. requesting the City Commission consider
setting a referendum date for the fluoridation of the city's potable water supply.
PURPOSE: This agenda item is needed for the Commission to set a date for referendum for
fluoridation of the potable water supply.
CONSIDERATIONS:
On AprilS, 1999 the Commission held a Public Forum/Workshop on the issue of fluoridation of
the potable water supply. It was decided that this subject would be on the May 24, 1999 Agenda.
On May 24, 1999 the City Commission voted not to fluoridate the potable water supply and if
necessary to bring it back up at a later date.
On June 15, 2001 tbe City Manager sent an information package to Mr. John Whitaker
describing the procedures for qualified voters of Winter Springs to submit an Initiative and
Referendum to the City. Mr. Whitaker did not follow through.
FUNDING:
The estimated capital cost for fluoridation of the city's potable water supply is $50,000 for each
of the three (3) water plants for a total of$150,000.
RECOMMENDATIONS:
It is recommended that the Commission decide if it desires to set a referendum date for the
fluoridation of the city's potable water supply.
ATTACHMENTS:
A) January 23,,2004 Orlando Sentinel Editorial.
B) April 5, 1999 Public Forum/Workshop Minutes.
C) May 24, 1999 Public Hearing Agenda Item A.
D) June 15,2001 City Manager Letter to John Whitaker.
COMMISSION ACTION:
2
ATTACHMENT "A"
January 23,2004
()rlando Sentinel Editorial
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ATTACHMENT "B"
April 5, 1999
Public Forum/Workshop Minutes
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
PUBLIC FORUM/WORKSHOP
APRIL 5, 1999
I. CALL TO ORDER
The Workshop of the City Commission was called to order by Mayor Paul P. Partyka in
the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
ROLL CALL:
Mayor Paul P. Partyka, present
Deputy Mayor Cindy Gennell, absent
Commissioner Robert S. Miller, present
Commissioner Michael S. Blake, present
Commissioner Edward Martinez, Jr., present
Commissioner David W. McLeod, present
City Manager Ronald W. McLemore, present
Law Firm of Prank Kruppenbacher, P.A., Attorney Robert Guthrie, present
Interim City Clerk Andrea Lorenzo-Luaces, present
Before commencing the Workshop, Mayor Partyka stated that he wanted to make the
following statement: "The City has received a decision from the Fifth District Court on
the appeal concerning the City Attorney termination. I am glad that the Appellate Court
has fmally ruled on this issue. We received a written decision today and we are still
reviewing the documents. So beyond that, there's nothing additional. And so, to the
citizens of Winter Springs, I just want to thank you, again, for your patience during this
matter, for the entire eighteen months; but soon, I think, we'll get to some kind of
conclusion".
II. DISCUSSION ON FLUORIDATION OF THE WATER SUPPLY
Mr. Ronald W. McLemore, City Manager gave a brief background on the Fluoridation
issue and introduced the Panel Members for tonight's Public ForumlWorkshop.
. Dr. James Taylor, Ph.D., P.E., Technical Moderator. Dr. Taylor is a resident
of Winter Springs; the Director of the Environmental Systems Engineering
Institute, University of Central Florida; and has studied the water treatment
process for twenty-two (22) years.
· Mr. Timothy P. Brodeur. Mr. Brodeur is a resident of Winter Springs;
A WW A (American Water Works Association) Honorary Life Member; and
an Engineer with twenty-six (26) years of wastewater process design
experience, the last thirteen (13) with Malcolm Pirnie, Inc.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
PUBLIC FORUMIWORKSHOP - APRIL 5, 1999
Page 2 of4
· Mr. Richard Lott, P.E., P. G. Mr. Lott is the newly appointed Drinking Water
Program Manager, Central District, Florida Department of Environmental
Protection.
· Ms. Rhoda Lawrence, RDH. Ms. Lawrence is the Fluoridation Project
Coordinator for the Florida Department of HeaIth (Tallahassee).
Dr. Taylor stated that each of the Panel Members will make an opening statement and
then the panel would open the forum to general questions. Dr. Taylor also mentioned
that Ms. Lawrence will speak about the "dental issue"; Mr. Lott will speak about the
"regulatory aspects"; Mr. Brodeur will speak about the "engineering aspects"; and that he
would "sum up from a general chemistry standpoint and application".
Ms. Lawrence stated that the purpose of the Dental Program, within the Florida
Department of Health, is to maintain and improve the dental health of the people of
Florida; and that the purpose of the Fluoridation Project is to promote fluoridation and
assist communities in Florida to initiate fluoridation. Ms. Lawrence presented pictures of
dental diseases and spoke about the cost of fluoridation; the fluoridation process; dental
disease; the benefits of fluoridation; and funding for fluoridation.
Mr. Lott passed out copies of Florida Administrative Code Requirements and spoke
about the role the Department of Environmental Protection will play in the fluoridation
process.
Mr. Brodeur spoke about the role of Engineers and the fluoridation process. He
presented pictures of other fluoridation facilities and discussed the chemicals that are
involved in the fluoridation process; safety and handling; and the reliability of the
equipment.
Dr. Taylor spoke about the toxic nature of fluoride, if used improperly; studies that have
been performed regarding fluoridation; the effects of fluoride on the teeth; the
fluoridation process in the Northern States; and how he has taught his students at the
University of Central Florida that there needs to be a "great deal of safety in the care and
administration of the fluoridation program".
The panel added, for clarification, that a "Part per million" is about the same as "One
milligram per liter", or "One drop of vermouth in sixteen gallons of gin".
The Commission directed their questions to the panel members regarding:
· The number of toothpaste brands that do not have fluoride
· Issues that may have caused other communities not to fluoridate their water
· The cumulative effects of fluoride
· If fluoridation has caused health problems among the elderly, such as Osteoporosis
· Possible studies that show the accumulation of fluoride in cooked foods
,-
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
PUBLIC FORUM/WORKSHOP - APRIL S, 1999
Page 3 of4
.
If the Panel Members that are Winter Springs residents support fluoridation
If the Panel Members were aware of anyone being diagnosed with a serious health
problem, or a death that has occurred, from fluoride poisoning
Errors that have occurred in the delivery process
If there was a connection between fluoride and cancer
The effects of Fluorosis
.
.
.
.
Mayor Partyka opened the Meeting to the Public.
Ms. Carol Melon, 170.5 Littleton Court, Winter Springs, Florida: stated that she is a
Pediatric Nutritionist and a Registered Dietician; and that she was a proponent for
fluoridation. Ms. Melon also spoke - about fluoride supplements; and the manner in
which fluoride should be ingested.
Tape I/Side 8
Ms. Paula Jobin, 1217 Swan Street, Winter Springs, Florida: said that she was opposed
to the fluoridation of the water supply. She presented the Commission with a "Fluoride
Information Packet"; and spoke about the amount of fluoride in toothpaste and fluoride
treatments, and the effeGts of Fluorosis.
A resident. (She did not identify herself), who lives in the Chelsea Woods Subdivision,
Winter Springs, Florida, asked that the City's water supply be fluoridated. She spoke
about fluoridation in other areas and said that she represents the parents that could not
attend because they were home with their children.
Mr. Jerry Mineato, 753 Bear Creek Circle, Winter Springs, Florida: stated that he is a
local Dermatologist; and that he and his neighbors are in favor of fluoridation.
Mayor Partyka closed this portion of the Meeting.
Mr. Kipton D. Lockcuff, P.E., Director, Public WorkslUtility Department, informed the
Commission that it was not his intent to have a "pro bias" panel; and that he asked Dr.
Taylor and Mr. Brodeur to be on the panel because they are Winter Springs residents and
without the knowledge oftheir opinions.
The Commission asked additional questions regarding studies that have taken place
regarding fluoride; and the daily sources of fluoride.
Additional information was requested about cost estimates; the type of system that staff
would recommend if fluoridation was approved; capital; operations; and grants.
There was discussion about postponing the decision on fluoridation so that more
information can be gathered; holding future Workshops; and the possibility of a
Referendum.
. . . ~
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
PUBLIC FORUM/WORKSHOP - APRIL 5, 1999
Page 4 of 4
After further discussion, it was decided that this subject will next be on the Agenda for
the first City Commission Regular Meeting in May, 1999.
Ms. Kim Eely: spoke about Pediatricians giving prescriptions for fluoride when the child
does not live in a fluoridated area.
III. ADJOURNl\1[ENT
Mayor Partyka adjourned the Meeting.
Respectfully Submitted By: Amy R. Lovingfoss. Interim Assistant City Clerk
City of Winter Springs
ATTACHMENT "C"
May 24, 1999
Public Hearing Agenda Item A
~.
C()MMISSION AGENDA
ITElVl A
Consent
Informational
Public Hearin
Re ular
x
May 24. 1999
Meeting
MGR/lt\ DEPT.
,
Authorization
REQUEST: City Attorney requests the City Commission consider adoption
of the attached Ordinance No 720, setting a referendum on November 2,
1999 on the question of whether or not the City should add fluoride to the
City's public drinking water.
PURPOSE: The purpose of this ordinance is to set the date of the referendum
election (November 2,1999); the ballot question; notify the Supervisor of
Elections of the date of the election and ballot question; and, provide for
publication of required legal ads.
CONSIDERATION:
The referendum is intended to serve as an expression of sentiment
from the public on thE~ i~sue of whether fluoride should be added to the City's
water supply.
The City Commission has conducted a number of public meetings
on the issue of fluoridating the City's water supply. Conflicting scientific data and
public sentiment has been expressed.
The Commission has determined that an expression of public
sentiment is the best means of determining public support or opposition to
fluoridating the City's water supply.
The referendum, although advisory only, would allow public
expression on the issue of whether to fluoridate the water.
FUNDING: Legal adds required by State law and ballot printing costs.
RECOMMENDATION:
Consider adoption of Ordinance No. 720.
ATTACHMENTS:
Ordinance No. 720.
COMMISISON ACTION:
WordlAgendalMay99/0rdinance 7:!O/Fluoridation .doc
2
ORDINANCE NO. 720
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA
PROVIDING FOR A REFERENDUM ON TIm ISSUE OF ADDING
FLUORIDE TO THE CITY.S PUBLIC DRINKING WATER SYSTEM;
ESTABLISHING THE DATE OF THE ELECTION ON NOVEMBER 2,
1999; NOillYING nre: SuPERVISOR OF ELECTIONS OF lEE
REFERENDUM AND BALLOT QUESTION PROVIDING FOR
PUBLICATION OF NOTICE OF THE ELECTION; PROVIDING FOR
CONFLICTS; SEVERABlLITY AND EFfECTIVE DAlE.
WHEREAS, the City of Winter Springs has a public water system.that currently does
': not include fluoride; and
WHEREAS, the City Commission has had several public meetings at: which scientific
data on the advantages of adding fluoride to the public water supply has been presented; and
WHEREAS, public sentiment on the advantages or disadvantages of fluorinating the
public water supply has been divided.
NOW THEREFORE. BE IT ORDAINED BY THE CITY OF W1NTER SPRINGS AS
.:FOLLOWS:
L
correct.
Findings ofF~. Each and all of the foregoing recitals are found to be true and
2. Election Set. The City Commission hereby declares it to be in the public interest
,to set November 2, 1999 as the date ofa referendum for the voters of Winter Springs to vote on
: the issue of whether or not to add fluoride to the water supply of the City of Winter Springs
. water system.
3. :Ballot Language. At the aforesaid election this City Commission hereby expresses
. its intent to ask the registerc:;d voters in the City for an e"'llression of sentiment on the issue of
. whether or not to add fluoride. in amounts detennined to be scientifically proper to the City's
. public water supply. Public comment by the City residents has been unclear a!) to the desire to
have fluoridated water, thef(~fore this Commission intends to place on the ballot at the General
Election on November 2, 1999, the following referendum 'question:
Should the Ci.ty of Winter Springs addfluoride to
the public drinking water supply? f
YESIFavor the question
NO/Oppose the question_
. C:\Main Files\WimCf springs\Ordinanccs\ordinfluoride.doc
,/
4. Instructions to the Seminole County Supervisor of Elections: The City Clerk is
hereby directed to provide as copy of this ordinance to the Supervisor of Elections so that the
Supervisor of Elections is on notice of the proposed referendum and the referendum quartion set
forth in Paragraph 3 of this ordinance. The Clerk should provide this information to the
, Supervisor of Elections as soon as possible; so as to be in .full compliance with the notice
requirements of Florida Election Law. The Dotice to the. Supervisor of Elections should request
, that the referendum question be placed on the ballot at the November 2, 1999, general ejection.
5. Publication of Notice of Referendum Election. The Clerk shall publish "Notice of
the Referendumn in a newspaper of genernl circulation as required by Section 100.361, Florida
Statutes.
6. Costs of Election The City Commission shall be responsible for those costs, if
any, required to be paid by a City placing a referendum question on the ballot at an already
scheduled election, as set fonth in the state election laws.
7. Conflicts. All Ordinances in conflict for the provisions of this Ordinance are
hereby superceded and this Ordinance shall prevail. ;
8. Severability. rf any words, phrase, sentence or portion of this Ordinance is
stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the
',Ordinance not specifically stricken shall remain in full furce and effect.
9. Effective D~t(~. This Ordinance shalL become effective upon its adoption by the
',City Commission of the City of Winter Springs, Florida.
DONE AND ENACTED in regular session of the City Commission of the City of
Winter Springs, Florida this _ day of . 1999.
CITY OF WlNTER SPRINGS, FLORIDA
~ayorPaul~.Partyka
ATTEST:
. Andrea Lorenzo-Luacas
Acting City Clerk
C:\M3ln Files\Wintcr Springs\Ordillanccs\ordinfluori de. doc
/'
ATTACHMENT "D"
June 15,2001
City M:anager Letter to John Whitaker
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
.Jt.Ire 15,2001
John Whitaker
742 Timberwilde Ave.
Winter Springs, FL 32708
Dear Mr. Whitaker:
As per your request, I am providing you with our files on fluoridation, and a copy of pertinent
pages of the City Charter describing the procedures for qualified voters of Winter Springs to
submit an Initiative and Referendum to the City. I am also providing you with copies of a
petition, and an administrative guide describing the steps required to submit an Initiative
Ordinance to the City.
The City Charter provides two methods for accomplishing Initiative and Referendum as
follows: (1.) The Ordinance Method; and (2.) The Charter Amendment Method. I do not
recommend the Charter Amendment Method for two (2) reasons. First, City Charters are
intended to describe the governing structure of City government not operational matters of City
government. Second, a number of Charter amendments are scheduled to go before City voters
this fall. The fluoridation issue could get lost among the other Charter issues or be prejudiced
by voter's feelings about other Charter amendments.
I hope the enclosed information is helpful to you.
Sincerely,
!?vn;-hIJ JJ. .1/1 c5 /)1/J-~
Ronald W. McLemore
City Manager
/jp
cc: Mayor and Commission
City Clerk
City Attorney