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| LAYTON
CITY COUNCIL WORK MEETING AGENDA INDEX
April 3, 2003 5:30 p.m. Item Page 1. Amending Section 19.05.030 Addressing Setback Requirements from................................................ Arterial Roadways Ordinance 03-07 2. Annexation Agreement (Adams/Cook/Shipley) Resolution 03-18....................................................... Approximately 500-600 South 1200 West (Angel Street) Annexation and Rezone Request (Adams/Cook/Shipley) A to R-S Ordinances 03-08, 03-09, and 03-10 Approximately 500-600 South 1200 West (Angel Street) 3. Resolution Addressing Fluoridation Resolution 03-19 ...................................................................... 4. Budget Meeting ................................................................................................................................... REGULAR MEETING OF THE CITY COUNCIL OF LAYTON, UTAH INDEX PUBLIC NOTICE is hereby given that the City Council of Layton, Utah, will hold a regular public meeting in the Council Chambers in the Layton City Center Building, 437 North Wasatch Drive, Layton, Utah, commencing at: 7:00p.m. on April 3, 2003. AGENDA ITEMS: Page
LAYTON CITY does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the employment or the provision of services. If you are planning to attend this public meeting and, due to a disability, need assistance in understanding or participating in the meeting, please notify the City eight or more hours in advance of the meeting and we will try to provide assistance. Please contact Ric Higbee at 437 North Wasatch Drive, Layton, Utah 84041, telephone number 801-546-8505 or main operator 801 546-8500 Name Email Voted into office / Term end Terms in Office Mayor Jerry Stevenson jstevenson@laytoncity.org 1994-2005 (Council member 1986-1993) Debra Ledkins dledkins@laytoncity.org 1992-2003 3 Renny Knowlton rknowlton@laytoncity.org 1998-2005 2 Stephen Curtis scurtis@laytoncity.org 1996-2003 2 Stephen Handy shandy@laytoncity.org 2000-2003 1 Michael Bouwhuis mbouwhuis@laytoncity.org 2000-2003 1 Layton City WebSite: LaytonCity.org Email: input@laytoncity.org |
| Layton City Agenda Item Cover Sheet
Item Number 3 (Work Meeting item number in page above) Subject: Resolution Addressing Fluoridation -- Resolution 03-19 Background: As Layton City sought to comply with the Davis County Health Department's order to fluoridate; it quickly became apparent that the costs of fluoridation to both Layton City and Davis County had been grossly understated. After considerable research on the issue, the City, while determining to proceed forward with the requirements for fluoridation, wishes to express by resolution, and in the strongest and sincerest terms possible, its objections to the Davis County Health Department's participation in a campaign of misinformation regarding the costs of fluoridation to our citizens. In addition, the Council takes offense to the fact that this department of county government surrepticiously worked to invest public monies in advocating the issue. Resolution 03-19 further requests that the Davis County Commission safeguard against this type of activity in the future. Alternatives: Alternatives are to 1) Adopt Resolution 03-19 regarding fluoridation in Layton City or; 2) Not adopt resolution 03-19 and remand to Staff with directions. Recommendations: Staff recommends the Council adopt Resolution 03-19 regarding fluoridation in Layton City.
Resolution 03-19 A RESOLUTION, ON BEHALF OF LAYTON CITY, EXPRESSING STRONG OBJECTION AND OFFENSE TO THE ACTIVITIES OF THE DAVIS COUNTY HEALTH DEPARTMENT IN RELATION TO THEIR INAPPROPRIATE ADVOCACY ON THE ISSUE OF WATER FLUORIDATION IN LAYTON CITY AND DAVIS COUNTY. WHEREAS, on November 7, 2000, the residents of Davis County, including Layton City, voted in favor of fluoridation all water sources within the County; and WHEREAS, during the approximately two year period of time preceding the vote, the Davis County Health Department made a determination to become advocates and proponents for fluoridation in Davis County; and WHEREAS, in their zeal for seeing that this measure passed, the Davis County Health Department became involved in endorsing cost estimates that they knew, prior to the vote, were far lower than the actual costs to fluoridate the water sources in Davis County; and WHEREAS, it is the knowledge and belief of the Layton City Council that the Davis County Health Department became inappropriately involved, through the use of public funding and private proponents, in advocating their position in favor of fluoridation; and WHEREAS, the City Council of Layton City takes no position on the pros and cons of providing fluoridated water to its citizens; and WHEREAS, the City Council wishes, however, to express in the strongest and sincerest form possible, its objection to the inappropriate means employed by the Davis County Health Department in advocating their position on fluoridation; and WHEREAS, having appropriately registered its criticism and complaint to the Davis County Commission and the Davis County Health Department, the City Council concedes that it must, nonetheless, proceed forward with the fluoridation of its water supplies, pursuant to state statute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAYTON, UTAH: 1. That this Resolution constitutes a format complaint, submitted
to the County Commission regarding the fact that the Davis
2. That Weber Basin had informed the Davis County Health Department that the Department that the Department's early estimates of costs, at One Dollar Ninety-Three Cents ($1.93) per person were low and that the actual cost would, indeed, be much higher at close to Five Dollars ($5.00) per person upon implementation. 3. That, notwithstanding this foreknowledge, the Davis County Health Department persisted in perpetuating this misinformation. 4. That, just before the election, an advertisement, funded by the Davis County Health Department, was placed in the Deseret News, Salt Lake Tribune, and Standard Examiner, once again advocating a lower cost figure that was less than half of what they had been advised the actual costs would be to the citizens of Layton City and Davis County. 5. That through the creation of a separate, non-profit group, Utahns for Better Dental Health, sitting members of the Board of Health surreptitiously worked to create a mechanism whereby public funds could be spent to promote the fluoride initiative. Layton City believes this action was unethical and was taken to circumvent state law prohibiting such expensitures of public funds and in contravention of an opinion by the Davis County Attorney's Office that the use of public funds to promote a ballot iniative was inapporpriate. 6. That, regardless of whether fluoridation is appropriate or inappropriate as a public health measure, the Davis County Health Department adopted an "ends justified the means" approach to accomplish their objective of mandating fluoridation, without considering the expense local governments and their citizens would have to incur. 7. That, notwithstanding the considered inappropriateness of the Davis County Health Department's activities, the City recognizes a responsibility to proceed according to state law and will do so in good faith, as outlined in a letter to Gerald E. Hess, Deputy County Attorney, and the Davis County Health Department, which is attached hereto and incorporated herein by this reference. PASSED AND ADOPTED by the City Council of Layton, Utah, this 3rd day of April, 2003 JERRY STEVENSON, Mayor ATTEST:
This resolution passed unanimously.
Layton City letter to Davis County Commission, Mr. Garrett, and Mr. Hess. March 31, 2003 Dannie McConkie
Lewis Garrett
Gerald E. Hess
Re: Fluoridation Dear Commission Members, Mr. Garrett, and Mr. Hess: Pursuant to your recent letters and our conversations with the Davis County Health Department, the City Council has directed me to draft this letter indicating the City's willingness to proceed forward with compliance to the order of the Department to fluoridate our culinary water. We would also like to make you aware that the City will not be able to, as a practical matter, comply with the time periods set forth in the order issued April 5, 2001, by the Davis County Health Department, under the signature of Louis Garrett, it's Health Officer. We have, however, provided below, a realistic time period for our compliance. Along with our indication of our intent to comply, I join the City Council in desiring, in the strongest terms possible, to make the following statement. After considerable research and consideration, we want to express our great disappointment in the activities of the Health Department in its role as a propo0nent of the fluoridation mandate. While, as Mayor and Council, we do not take a stand one way or another as to the pros and cons of fluoridation, it quickly became apparent, as the City proceeded with compliance with the Health Department's order to fluoridate, that the costs of fluoridation to the citizens of Layton and Davis County were far greater than the costs portrayed by the proponents, and most offensively, by the Department itself, when it clearly knew better. While we recognize that our strong objection does not constitute a legal reason for preventing Layton City's exorbitant expensiture for fluoridation, by way of comment, the City Council wants to make it clear that the City of Layton and its citizens are morally offended by the purposeful misinformation and inappropriate activities of the County Health Department, relative to the fluoride issue. It appears, that in all respects, the end justified whatever means were necessary to see that this mandate was imposed on other governmental entities, regardless of the cost. While it has been simple for the Davis County Health Department, an entity that will not be responsible for paying even one dollar for mandated fluoridation, to impose this burden on other entities and their citizens, it should not be permitted to do so with a clear conscience. The Davis County Health Department know, before the vote in November of 2000, that the costs of fluoridation would be more than double their advertised figures. Further, it is offensive that public funds were used to perpetuate the inaccuracy. Let us make it clear, that Layton City and its citizens take strong exception to those inappropriate activities and believe and expect that the County Commission should take action and set policies to safeguard its citizens from such activities in the future. Having made the above statement and clearly registering our protest in this matter, we recognize our responsibility to move forward under the law. The City proposes that: 1. Within the next two weeks the City will file an application with the Division of Water Quality, under Title 19, Chapter 5, of the Utah Code, requesting a "polluters permit" from the Division. If the Division indicates that such a permit is not required, the City will proceed to number 2 below. If a permit is required, the City will do everything it can to expedite the issuance of that permit, then proceed to number 2 below. 2. The City will authorize, by resolution, an agreement with Hansen, Allen, & Luce, to design the fluoride improvements necessary to fluoridate under the Health Department's mandate. 3. At the conclusion of the design work, the City will, by resolution, let contracts for the construction and implementation of fluoride improvements in Layton City. The City pledges its good faith in performing the above as quickly as possible. An estimated time table for completion, which must, by virtue of the activities involved, be somewhat flexible, would include one month for permitting, four months for design, and four months for construction and implementation. As you know, fifty percent (50%) of our water will already be fluoridated by Weber Basin in May of this year. The remainder will be fluoridated at the earliest, by February 1, 2004. The City would be glad to discuss the matter further, at your convenience, in light of the Notice of Violation received on Friday, March 28, 2003, from the Health Department. Please consider this a request for such a meeting under that notice. Thank you for your assistance in the above matter. Sincerely, Jerry Stevesen
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| Our Response to the Layton City Administration after
their resolution is posted!
Subj: Your Public Trust! From a man of experience, knowledge, creatures,
water & soil!
Your Public Trust! From a man of experience, knowledge, creatures, water & soil! Dear Layton City Mayor, Councilmembers and Staff:
That pseudo reproval, even in written resolution form, is about as painful or correcting as the wet noodle whipping of the hands of a habitual liar and thief who afterwards embraces you in his perfectly staged and affected repentance, while he reaches stealthily behind you, fingers your pocket and still heists your wallet while you believe, through some flowery and open oral reprimand and call to penance, he, you and your associates are exonerated and everyone else and everything else is restored and made whole. Though better than most other municipalities' responses, this is still
a travesty of administrative responsibility, credibility, honor and integrity.
I and my non-comatose friends are disappointed that you, recognizing the
fraud, would still go forward with any contracts, water treatment or anything
else like it, and allow any patronization and reward in any form to the
very people who designedly deceived and will still cheat, through you,
this whole community!
And you still pretend they are well meaning or good???
They persist, prevail, and still now smooz you (hence us) for more money!
Your lip service to decry their lie is empty rhetoric as you still proceed forward and consent to their fraudulently obtained support, votes, hence, their massive and expensive refitting projects and its contracts, then let them profit as they designed, by your moving forward unabated using our, the public's personal check books anyway; and you accepting those same players, openly or covertly, into the bidding and provisioning setup and the ongoing materials use and operation supply. To satisfy them, you now are effecting a forced stealing from the public's already struggled economics at this most difficult of economically depressed and conflict burdened moments, just so you can make up for those same player's profit demanded differences. You, with any other consenting municipal "officials" and judiciaries of public trust, do become as unkind, unconscionable and unscrupulous as them! After all the useless sweet talk you gave us, the public, apparently feigning abhorrence to their deceit, you still violate your public trust, anyway, and impose a non-disclosed, non-consented cost -- and who knows what undisclosed and potential health and safety risks -- upon this, your already dishonesty violated community. Sorry, but in facilitating them in one iota or in one I.O.U, you become no better than the profiteering deceivers themselves! Your oath is to provide for the safety, public trust and well being of all members of this community. That includes insuring honest information being presented to the community. That includes only accepting an honestly secured voice and vote of this community. That includes being honest yourself and demanding honesty in any and in all contracts represented for the safety, public trust and well-being of those you propound to serve. On this issue, you are either for this community and every one of its members and every form of life within it, or you are for your own political ambitions, big power funding and their manipulated proponents and votes! You cannot serve both! This community will ultimately know the truth! They will look at you and your colleagues, your choices, and they, with the angels (even of Angel Street), will judge you real actions and your real integrity! and so will your own much wiser children and all creation with them! Don't reward liars! or you become one with them! We trusted you with the Public Trust -- and pipelines -- of this community. Don't fail that trust and us with it! T R,
FarmersAgainstFluoridation.org
/ WaterAndLife.org
/ KickEmInTheAcid.org
/ The
Promoters Strategy
Some other ecellent educational resources, local and national: NoToxicwater.org (Utah) / StopFluoride.com (Utah) / CitizensForSafeDrinkingWater.org (Nat'l List)
Let The layton City Council Know your position Name Email Voted into office / Term end Terms in Office Mayor Jerry Stevenson jstevenson@laytoncity.org 1994-2005 (Council member 1986-1993) Debra Ledkins dledkins@laytoncity.org 1992-2003 3 Renny Knowlton rknowlton@laytoncity.org 1998-2005 2 Stephen Curtis scurtis@laytoncity.org 1996-2003 2 Stephen Handy shandy@laytoncity.org 2000-2003 1 Michael Bouwhuis mbouwhuis@laytoncity.org 2000-2003 1 Layton City WebSite: LaytonCity.org Email: input@laytoncity.org |