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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2004 - ITEMS RELATING TO A CITIZEN-INITIATED ORDINANCE RE ITEM NUMBER: 28 A-B AGENDA ITEM SUMMARY DATE: December 21, 2004 FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek SUBJECT Items Relating to a Citizen-Initiated Ordinance Relating to the Discontinuation of Fluoridation of the City Water Supplies. RECOMMENDATION Staff recommends adoption of the Resolution placing the initiated ordinance on the April 5, 2005 Regular Municipal Election ballot (Option 2). EXECUTIVE SUMMARY A. Presentation of a Petition Relating to Citizen-Initiated Ordinance No. 001, 2005 (Relating to the Discontinuation of Fluoridation of the City Water Supplies)Certified by the City Clerk as Sufficient for Placement on a Regular Municipal Election Ballot. (No Action Needed) B. First Reading of Ordinance No. 203, 2004, Relating to the Discontinuation of Fluoridation of the City Water Supplies. (Option 1) OR Resolution 2004-153 Submitting Proposed Citizen-Initiated Ordinance No. 001, 2005, Relating to the Discontinuation of Fluoridation of the City Water Supplies to a Vote of the Registered City Electors at the Next Regular Municipal Election on April 5, 2005. (Option 2) The City Clerk's Office received an initiative petition on December 3, 2004, which has been determined to contain a sufficient number of signatures to place the initiated measure before the registered electors of the City. Pursuant to the City Charter, upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council must either (1) adopt the proposed ordinance without alteration within 30 days (Option 1); or(2)submit such proposed measure,in the form petitioned for,to the registered electors of the city(Option 2). If the Council chooses to submit the proposed measure to the voters, Resolution 2004-153 submits the measure to the voters and establishes the ballot language for the measure. December 21, 2004 -2. Item No. 28 A-B BACKGROUND The City Clerk's Office has certified a sufficient number of signatures on an initiative petition received on December 3, 2004. Under Article X of the City Charter, 2,601 signatures of registered electors (at least 10% of the total ballots cast in the last regular City election) are required to place an initiative on a regular election ballot. Upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council must either adopt the proposed ordinance without alteration or submit the proposed measure in the form petitioned for,to the registered electors of the city. The purpose of the initiated measure is to repeal Section 26-50 of the City Code in its entirety so as to prohibit any person, agent or any public or private water system from adding any flouride or flourine-containing product, substance or chemical to the public water supply which is intended to cure, mitigate, treat or prevent any disease in man above the general purpose of making the water more potable. STATE OF COLORADO ) COUNTY OF LARIMER ) SS. CITY OF FORT COLLINS ) PETITION CERTIFICATION I, the undersigned, duly appointed and authorized City Clerk of the City of Fort Collins, Colorado do hereby certify that a petition received from Pati Caputto on December 3, 2004, requesting that Council place an initiated ordinance on the ballot for the regular biennial City election occur on April 5, 2005, has been determined to contain 2,747 signatures of registered voters who live within the Fort Collins city limits, and the petition is determined to be sufficient to require placement of the measure on a regular municipal election ballot. Said ordinance pertains to the discontinuation of fluoridation of the City water supplies. Dated at Fort Collins, Colorado this 8th day ofDecember, A.D. 2004. C��b4 (SEAL) Wanda Krajicek, City rk OPTION 1 ORDINANCE NO. 203, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE DISCONTINUATION OF FLUORIDATION OF THE CITY WATER SUPPLIES Whereas Fort Collins fluoridates its water with a toxic waste collected from the pollution scrubbers of the phosphate fertilizer industry, hydrofluorosilicic acid (HFS), which contains contaminants such as arsenic, lead, cadmium, and mercury, and is legally regulated as toxic waste and prohibited from direct dispersal into the environment; and Whereas hydrofluorosilicic acid (HFS) has never been approved as safe or effective by the U.S. FDA; no regulatory agency has tested it for safety in drinking water; and Whereas fluorides added to our drinking water constitute `medication' without personal or individual consent and are without regard for dosage, of especial concern for persons with medical conditions such as thyroid, kidney, and cancer; and Whereas more than 80 (as of August of 2004)health care professionals in Fort Collins have signed a statement calling for the city to stop fluoridating its water; and Whereas the Fort Collins Water Board has recommended in 2001 and again in 2003 after lengthy research and consideration of public opinion that we stop fluoridating our city water due to its concern for the source of fluoride being used to fluoridate (hazardous waste rather than reagent quality);concern for the employees handling this waste product;acknowledgement that less than I% of treated water is ingested, but rather goes down toilets and onto lawns making questionable the costs of$500,000 every 10 years and operating costs of$50-100,000/yr;acknowledgement also that there are plenty of other sources of fluoride available to City residents; and their position that it is not appropriate to deliver medicine through the water; and Whereas the city of Fort Collins would save up to $1 million over 10 years in costs of chemicals and improvements to the Water Treatment Plant; and Whereas the U.S.EPA Union of Scientists and Professionals has called for a moratorium on water fluoridation due to its carcinogenicity(cancer-causing effects)and other adverse health effects, joining 14 Nobel Prize winning scientists and most of the countries in Europe; Belgium in 2002 became the first country to ban all fluoride supplements from the market; and Whereas the U.S. EPA Union of Scientists and Professionals has stated that political and industrial interests have too often compromised the integrity of studies regarding fluoridation's health effects; and Whereas large subsets of the population, including the elderly, children, and pregnant women, may be unusually susceptible to the toxic effects of fluoride, as reported in the U.S.Public Health Service ATSDR 1993 report; and Whereas babies up to 6 months of age are not recommended to receive/ingest any supplement of fluoride(including drops,tablets,vitamins)even in unfluoridated communities,and up to 3 years of age no more than .25 mg (1/4 the amount in fluoridated water), according to revised guidelines from the American Dental Association and American Academy of Pediatrics,which means that even without other exposure, our babies can be overdosed if their formula/juice/food is made with tap water; and Whereas there are no labeling requirements for fluoride content in foods or beverages that would allow a discerning individual, or especially a parent of young children, to readily determine total fluoride exposure; and Whereas commonly available sodas,fruit juices,teas,processed foods,cereals,and produce such as lettuce,tomatoes,potatoes,cabbage,raisins,and citrus fruits contain significant amounts of fluoride; and Whereas scientific literature reports that the incidence of permanent scarring of children's teeth in the form of dental fluorosis due to fluoride exposures has increased even in non-fluoridated communities(due to other non-water sources such as those listed here),and is occurring in more than 60% of children on at least one tooth in fluoridated communities; and Whereas the Fort Collins Fluoride Technical Study Group (FTSG) document of 2003 included in it's Executive Summary the comments that "there are gaps in the knowledge and uncertainties are inherent in the ability to fully understand what may be subtle,yet important,health effects that are yet to be detected" and cites "areas where additional research is needed to better understand the true benefits and risks" of water fluoridation, invoking the Precautionary Principle (`when in doubt, leave it out'); and Whereas only one of the studies considered by the FTSG actually used hydrofluorosilicic acid in its study (rather than sodium fluoride) and that study (of 400,000 children in MA) showed increased blood lead levels in children living in fluoridated cities; and Whereas contrary to assertions that the health effects of fluoride ingestion already have been scientifically proven to be safe and that there is no credible scientific concern, over the last fifteen years the ingestion of fluoride has been linked in scientific peer-reviewed literature to neurotoxicity, bone pathology, reproductive effects, interference with the pineal gland, gene mutations, thyroid pathology, and the increasing incidence and severity of dental fluorosis,causing professionals who once championed the uses of fluoride in preventing tooth decay,to reverse their position and call for a halt to further exposures; and Whereas the U.S.EPA's Office of Water acknowledges that when setting(safety)standards for fluoride levels in water they did not consider all cumulative sources of fluorides and the full range of actual consumption by all ages; in setting standards for all other drinking water contaminants, except barium, EPA has considered exposure from many different sources, not just water; and Whereas the largest epidemiological study every done in the U.S,. shows no statistical difference in tooth decay between fluoridated vs. non-fluoridated cities, and no difference in tooth decay as children age between fluoridated and non-fluoridated cities; indeed, cities such as Boston which have been fluoridated for 30 years are reporting alarming increases in caries(cavities); Whereas some recent studies indicate that rates of hip fracture are greater in fluoridated cities; and Whereas,studies from China show decreases of 5-10 points in the I.Q. of children aged 8-13 years old correlating with higher levels of fluoride exposure, studies which are not even being done in the U.S.; and Whereas the cover story of the July 2000 Journal of the American Dental Association has clarified that any benefit of fluoride in reducing tooth decay,even from fluoridated water,is a result of topical application/exposure to the surface of the tooth, rather than systemic ingestion (swallowing), which new CDC literature reports; and Because the free-fluoride ion is smaller than the water molecule and is not removed by filtration devices,eliminating unwanted fluoride from tap water requires more expensive distillation or reverse osmosis systems that are not generally economically available to all segments of the population; and Whereas fluorides are persistent and are accumulating in our environment aggressively;the EPA Union of Scientists and Professionals states its concern about the scarcity of environmental impact studies; even organic gardens cannot be fully organic if using fluoridated water; the Environmental Working Group has released a report of its findings of substantial levels of fluoride residue on organic baby lettuces; and Whereas new information uncovered in the declassified documents of the Manhattan Project and recently released in the book `The Fluoride Deception,' by Christopher Bryson exposes the suppression of major medical studies demonstrating serious fluoride toxicity, the silencing of scientists who try to expose fluoride's toxic effects, and recent studies showing clear neurotoxicity and chronic systemic effects from constant exposures to fluorides throughout our environment today; therefore Be it enacted by the voters of the City of Fort Collins: In order to ensure that the public water of Fort Collins is safe for all citizens to drink, be it ordained that Sec. 26-50 of the Fort Collins City Code shall be repealed in its entirety; and it shall be unlawful and a public nuisance for any person, agent, or any public or private water system, to add any fluoride or fluorine-containing product, substance,or chemical to the public water supply which is intended to cure,mitigate, treat or prevent any disease in man above the general purposes of making the water more potable. All laws, regulations, resolutions, or ordinances of the City of Fort Collins to the contrary are hereby repealed. Introduced, considered favorably on first reading, and ordered published this 21st day of December 21,A.D. 2004,and to be presented for final passage on the 4th day of January,A.D.2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of January, A.D. 2005. Mayor ATTEST: City Clerk RESOLUTION 2004- 153 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A CITIZEN-INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE NEXT REGULAR MUNICIPAL ELECTION ON APRIL 5 , 2005 WHEREAS, under Article X, Section 1 of the Charter of the City of Fort Collins, the registered electors of the City have the power to propose a measure to the Council, and if the Council fails to adopt a measure so proposed, then to adopt or reject such ordinance or resolution at the polls; and WHEREAS , an initiative petition relating to the discontinuation of fluoridation of the City water supplies has been submitted to the City, and the City Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of the people at a regular municipal election; and WHEREAS , the City Clerk has presented said petition to the City Council as provided in Article X, Section 5 (f)(4) of the City Charter; and WHEREAS , under Article X, Section 1 (e) of the City Charter, upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council must either adopt the citizen-initiated ordinance without alteration within thirty (30) days or submit said citizen-initiated ordinance in the form petitioned for, to the registered electors of the city; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That there is hereby submitted to the registered electors of the City of Fort Collins at the next regular city election to be held on Tuesday, April 5 , 2005 , the following proposed citizen-initiated ordinance : CITIZEN-INITIATED ORDINANCE NO. 001 , 2005 Whereas Fort Collins fluoridates its water with a toxic waste collected from the pollution scrubbers of the phosphate fertilizer industry, hydrofluorosilicic acid (HFS), which contains contaminants such as arsenic, lead, cadmium, and mercury, and is legally regulated as toxic waste and prohibited from direct dispersal into the environment; and Whereas hydrofluorosilicic acid (HFS) has never been approved as safe or effective by the U. S. FDA; no regulatory agency has tested it for safety in drinking water; and Whereas fluorides added to our drinking water constitute `medication' without personal or individual consent and are without regard for dosage, of especial concern for persons with medical conditions such as thyroid, kidney, and cancer; and Whereas more than 80 (as of August of 2004) health care professionals in Fort Collins have signed a statement calling for the city to stop fluoridating its water; and Whereas the Fort Collins Water Board has recommended in 2001 and again in 2003 after lengthy research and consideration of public opinion that we stop fluoridating our city water due to its concern for the source of fluoride being used to fluoridate (hazardous waste rather than reagent quality); concern for the employees handling this waste product; acknowledgement that less than 1 % of treated water is ingested, but rather goes down toilets and onto lawns making questionable the costs of $500,000 every 10 years and operating costs of $50- 1 00,000/yr; acknowledgement also that there are plenty of other sources of fluoride available to City residents; and their position that it is not appropriate to deliver medicine through the water; and Whereas the city of Fort Collins would save up to $ 1 million over 10 years in costs of chemicals and improvements to the Water Treatment Plant; and Whereas the U. S. EPA Union of Scientists and Professionals has called for a moratorium on water fluoridation due to its carcinogenicity (cancer-causing effects) and other adverse health effects,joining 14 Nobel Prize winning scientists and most of the countries in Europe; Belgium in 2002 became the first country to ban all fluoride supplements from the market; and Whereas the U. S. EPA Union of Scientists and Professionals has stated that political and industrial interests have too often compromised the integrity of studies regarding fluoridation' s health effects; and Whereas large subsets of the population, including the elderly, children, and pregnant women, may be unusually susceptible to the toxic effects of fluoride, as reported in the U. S . Public Health Service ATSDR 1993 report; and Whereas babies up to 6 months of age are not recommended to receive/ingest any supplement of fluoride ( including drops, tablets, vitamins) even in unfluoridated communities, and up to 3 years of age no more than .25 mg ( 1 /4 the amount in fluoridated water), according to revised guidelines from the American Dental Association and American Academy of Pediatrics, which means that even without other exposure, our babies can be overdosed if their formula/juice/food is made with tap water; and Whereas there are no labeling requirements for fluoride content in foods or beverages that would allow a discerning individual, or especially a parent of young children, to readily determine total fluoride exposure; and Whereas commonly available sodas, fruit juices, teas, processed foods, cereals, and produce such as lettuce, tomatoes, potatoes, cabbage, raisins, and citrus fruits contain significant amounts of fluoride; and Whereas scientific literature reports that the incidence of permanent scarring of children' s teeth in the form of dental fluorosis due to fluoride exposures has increased even in non-fluoridated communities (due to other non-water sources such as those listed here), and is occurring in more than 60% of children on at least one tooth in fluoridated communities; and Whereas the Fort Collins Fluoride Technical Study Group (FTSG) document of 2003 included in it' s Executive Summary the comments that "there are gaps in the knowledge and uncertainties are inherent in the ability to fully understand what may be subtle, yet important, health effects that are yet to be detected" and cites "areas where additional research is needed to better understand the true benefits and risks" of water fluoridation, invoking the Precautionary Principle ( `when in doubt, leave it out'); and Whereas only one of the studies considered by the FTSG actually used hydrofluorosilicic acid in its study (rather than sodium fluoride) and that study (of 400,000 children in MA) showed increased blood lead levels in children living in fluoridated cities; and Whereas contrary to assertions that the health effects of fluoride ingestion already have been scientifically proven to be safe and that there is no credible scientific concern, over the last fifteen years the ingestion of fluoride has been linked in scientific peer-reviewed literature to neurotoxicity, bone pathology, reproductive effects, interference with the pineal gland, gene mutations, thyroid pathology, and the increasing incidence and severity of dental fluorosis, causing professionals who once championed the uses of fluoride in preventing tooth decay, to reverse their position and call for a halt to further exposures; and Whereas the U. S. EPA' s Office of Water acknowledges that when setting (safety) standards for fluoride levels in water they did not consider all cumulative sources of fluorides and the full range of actual consumption by all ages; in setting standards for all other drinking water contaminants, except barium, EPA has considered exposure from many different sources, not just water; and Whereas the largest epidemiological study every done in the U. S,. shows no statistical difference in tooth decay between fluoridated vs. non-fluoridated cities, and no difference in tooth decay as children age between fluoridated and non-fluoridated cities; indeed, cities such as Boston which have been fluoridated for 30 years are reporting alarming increases in caries(cavities); Whereas some recent studies indicate that rates of hip fracture are greater in fluoridated cities; and Whereas, studies from China show decreases of 5- 10 points in the I.Q. of children aged 8- 13 years old correlating with higher levels of fluoride exposure, studies which are not even being done in the U. S. ; and Whereas the cover story of the July 2000 Journal of the American Dental Association has clarified that any benefit of fluoride in reducing tooth decay, even from fluoridated water, is a result of topical application/exposure to the surface of the tooth, rather than systemic ingestion (swallowing), which new CDC literature reports; and Because the free-fluoride ion is smaller than the water molecule and is not removed by filtration devices, eliminating unwanted fluoride from tap water requires more expensive distillation or reverse osmosis systems that are not generally economically available to all segments of the population; and Whereas fluorides are persistent and are accumulating in our environment aggressively; the EPA Union of Scientists and Professionals states its concern about the scarcity of environmental impact studies; even organic gardens cannot be fully organic if using fluoridated water; the Environmental Working Group has released a report of its findings of substantial levels of fluoride residue on organic baby lettuces; and Whereas new information uncovered in the declassified documents of the Manhattan Project and recently released in the book `The Fluoride Deception, ' by Christopher Bryson exposes the suppression ofmajor medical studies demonstrating serious fluoride toxicity, the silencing of scientists who try to expose fluoride ' s toxic effects, and recent studies showing clear neurotoxicity and chronic systemic effects from constant exposures to fluorides throughout our environment today; therefore Be it enacted by the voters of the City of Fort Collins : In order to ensure that the public water of Fort Collins is safe for all citizens to drink, be it ordained that Sec. 26-50 of the Fort Collins City Code shall be repealed in its entirety; and it shall be unlawful and a public nuisance for any person, agent, or any public or private water system, to add any fluoride or fluorine-containing product, substance, or chemical to the public water supply which is intended to cure, mitigate, treat or prevent any disease in man above the general purposes of making the water more potable. All laws, regulations, resolutions, or ordinances of the City of Fort Collins to the contrary are hereby repealed. Section 2 . That the foregoing proposed citizen-initiated ordinance is hereby submitted to the registered electors of the City of Fort Collins at said regular municipal election in substantially the following form: CITIZEN-INITIATED ORDINANCE NO . 001 , 2004 PROPOSED ORDINANCE An ordinance repealing Section 26-50 of the City Code so as to prohibit any person, agent or any public or private water system from adding any fluoride or fluorine-containing product, substance or chemical to the public water supply which is intended to cure, mitigate, treat or prevent any disease in man above the general purpose of making the water more potable. FOR THE ORDINANCE AGAINST THE ORDINANCE Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st day of December, A.D . 2004 . Mayor ATTEST : City Clerk