BEAVERTON CITY COUNCIL
REGULAR MEETING
NOVEMBER 17, 2003

CALL TO ORDER:

The Regular Meeting of the Beaverton City Council was called to order by Mayor Rob Drake in the Forrest C. Soth Council Chambers, 4755 SW Griffith Drive , Beaverton , Oregon , on Monday, November 17, 2003 , at 7:35 p.m.

ROLL CALL:

Present were Mayor Drake, Couns. Betty Bode, Dennis Doyle, Fred Ruby, Forrest Soth and Cathy Stanton. Also present were City Attorney Alan Rappleyea , Finance Director Patrick O'Claire , Human Resources Director Nancy Bates , Community Development Director Joe Grillo , Engineering Director Tom Ramisch , Operations/Maintenance Director Gary Brentano , Library Director Ed House, Police Captain Wes Ervin, Utilities Engineer David Winship , Deputy City Recorder Catherine Jansen and City Recorder Sue Nelson .

Mayor Drake noted that Agenda Bill 03254 would be pulled and carried over to the City Council meeting on December 1, 2003 ; and that Agenda Bill 03257 be carried over to the City Council meeting on December 15, 2003 .

CITIZEN COMMUNICATIONS:

Harry Bodine, Portland, and Dot Lukins, Beaverton, said on behalf of People for Libraries, a Political Action Committee advocating for the passage of the county-wide library funding levy proposed for the May 2004 Primary Election ballot. Bodine asked that the Mayor and Councilors individually invest their time and efforts to help on the campaign to deliver the pro-library message to all voters served by the Beaverton City Library, both inside and outside the City limits. He stressed the importance of getting this levy passed and outlined the ways people could assist in this campaign. He thanked Council for its time and submitted a copy of his testimony to the City Recorder.

Coun. Stanton encouraged everyone to donate to People for Libraries and noted it would be a tax credit on your Oregon tax return.

Coun. Soth asked if all the precincts in Beaverton supported the levy in the last election.

Bodine replied that City-wide the levy passed by 918 votes; most of the precincts had supported the levy.

Coun. Doyle complimented Bodine on his well thought out plan and offered his assistance with the next campaign.

Lukins noted that in the Hennens National Ratings, Beaverton was rated No. 809 out of 9,000 libraries; and also rated 50% in the Staff Per Capita category and 100% in Circulation of Materials Per Hour and Visits Per Hour. She urged everyone to do as much as possible to pass the levy.

Mayor Drake thanked them for the information.

COUNCIL ITEMS:

Coun. Soth reported the League of Oregon Cities (LOC) Conference in Eugene last weekend was one of the most successful. He complimented Mayor Drake for his leadership this year as the LOC President. He said the conference was well organized with interesting sessions.

Mayor Drake explained the League recorded this years conference had the highest attendance ever for the Eugene location. He said there were over 100 new attendees.

Coun. Stanton confirmed that there would be a Budget Committee meeting Thursday, November 20, 2003 , at 6:30 p.m. , in the Second Floor Conference Room.

Coun. Stanton announced the Beaverton Area Chamber of Commerce would be hosting a luncheon this Friday to honor all the Public Safety personnel.

Coun. Doyle invited everyone to the City's Annual Holiday Open House on December 2, 2003 , from 5:00 p.m. to 7:00 p.m. , at City Hall.

STAFF ITEMS:

Finance Director Patrick O'Claire distributed a sample of the new utility billing format and stock and asked Councilors to contact him if they had any questions. He also updated Council on the bond sale. He explained currently the amount of the proposed bond sale was about $10,410,000 and that would refund all of the outs tand ing 1992 bonds and partially refund the 1997 bond issue. He said there were $8.7 million worth of outs tand ing bonds; of that $4.5 million would be refunded and $3 million would be new bond money. He said the total value savings was $639,000 or about 8.6% present-value savings. He said the pricing of the issue was on December 10, 2003 , with the bond sale to be conducted on January 6, 2004 .

CONSENT AGENDA:

Mayor Drake noted Agenda Bill 03254 was pulled and carried over to the meeting of December 1, 2003 .

Coun. Doyle MOVED, SECONDED by Coun. Soth, that the Consent Agenda be approved as follows:

Minutes of Regular Meeting of November 3, 2003 and the Joint Meeting with the Washington County Board of Commissioners of November 4, 2003.

03253 - Accept US Department of Housing and Urban Development Section 108 Loan and Authorize Purchase of Head Start Child Care Center

Contract Review Board:

03254 - PULLED - Finance/Information Systems Remodel Project

(Carried over to December 1, 2003, meeting)

Coun. Stanton noted she had a few additions to the minutes of November 3, 2003 ; she gave the changes to the City Recorder.

Question called on the motion. Couns. Bode, Doyle, Soth, Ruby and Stanton voting AYE, the MOTION CARRIED unanimously. (5:0)

The Public Hearing (Agenda Bill 03257) was heard after the Consent Agenda.

The Work Session/Action (Agenda Bill 03256) was heard after the public hearing.

PUBLIC HEARING:

03256 - Public Hearing on the Proposed Use of the 2003 Local Law Enforcement Block Grant (LLEBG) Funds

Police Captain Wes Ervin reviewed the staff report. He explained staff recommendation was that: 1) Council authorize acceptance of the $28,832 grant and the use of $3,204 in matching funds from the forfeiture fund for a new mugshot system; and 2) That Council direct staff to return with a specific grant adjustment resolution authorizing the expenditure appropriations and the use of up to $17,964 in additional forfeiture funds to make up the difference to purchase the new mugshot system.

Coun. Soth asked if this enabled the City to interact with the Washington County jail.

Captain Ervin replied it did and it would be a significant asset to the City.

Coun. Stanton asked how long the City has had the current system.

Captain Ervin replied five years.

Coun. Doyle stated he was happy the forfeiture funds could be used for this purpose.

Mayor Drake opened the public hearing at 8:00 p.m.

There was no one who wished to testify.

Mayor Drake closed the public hearing at 8:00 p.m.

Coun. Ruby MOVED, SECONDED by Coun.. Stanton, that the Council authorize the acceptance of $28,832 in LLEBG grant funds and the use of $3,204 in matching funds from the forfeiture fund for a new mugshot system, and that Council direct staff to bring forward an agenda bill with a specific grant adjustment resolution authorizing the expenditure appropriations and authorization to use up to $17,964 in additional forfeiture funds to make up the difference to purchase a new mugshot system. Couns. Bode, Doyle, Ruby, Stanton and Soth voting AYE, the MOTION CARRIED unanimously. (5:0)

WORK SESSION/ACTION ITEM:

03255 - Drinking Water Fluoridation Implementation

Engineering Director Tom Ramisch and Utilities Engineer Dave Winship introduced Dave Leland and Donalda Dodson, Department of Human Services, State of Oregon .

Dave Leland, Drinking Water Program Manager, Department of Human Services, State of Oregon , explained he was responsible for administering Federal and State drinking water s tand ards for the 3,000 public water systems in Oregon . He said his department followed Beaverton 's consideration of the drinking water fluoridation issue with great interest and would support that effort. He indicated that 40 communities in Oregon currently distributed fluoridated water. He noted historically Oregon had a low percentage of population served with fluoridated drinking water which had been of concern to the Department of Human Services from an oral dental health s tand point. He said 23% of Oregon 's population received fluoridated drinking water and the nation-wide average was about 70%. He complimented the City of Beaverton and the community for making the decision to fluoridate the water. He explained from the State's s tand point, the next step would be the State's review of the engineering plans and specifications for the fluoridation system. He said they would review the plans concentrating on safety features and to ensure it would be handled safely and effectively.

Leland explained that once the system was in service, his Department's role would be to oversee the treatment system from the state-wide perspective of daily testing, monthly reporting (results of which would be shared with the Federal government), and a quarterly testing program. He added the State required that treatment chemicals meet National Sanitation Foundation S tand ards; the Department checked to ensure the optimal treatment dose was maintained, that health s tand ards were met, and that maximum levels were not exceeded.

Donalda Dodson, Administrator, Office of Family Health, Department of Human Services, State of Oregon , thanked the Council for doing this for the citizens. She said for every $1.00 invested in fluoridation it was estimated that $38.00 would be saved in dental health care costs. She said Oregon had a low percentage of people who received fluoridated water and, as a State agency, they promoted fluoridation as one of the best preventative health measures that cities and counties could undertake. She reported that the Center of Disease Control had identified fluoridation as one of the top ten health promotion activities of the 20 th Century. She thanked the Council on behalf of the people they served.

Coun. Soth asked how closely the Department of Human Services staff worked with the Water Resources Board in looking at water systems; particularly ground water or surface water supply systems.

Leland replied they worked quite closely with the Water Resource Department in areas where there was a cross over of interests. He explained the department concentrated on drinking water safety and the Water Resource Department's purview was water availability and allocation.

Coun. Soth noted there were some chemicals that occurred naturally in water and asked Leland if his Department had seen anything that indicated there was any adverse effect with the naturally-occurring chemicals once it went through the treatment plant.

Leland replied there were contaminants that were in the environment naturally such as micro-organisms, arsenic and fluoride. He said they had only had a few wells in the public water supply that had excessive levels of fluoride. He added they tested for contaminants.

Ramisch reviewed the topics they wished to discuss, which included the methods of fluoridation, the chemical type and grade of the fluoride, the ASR system, and a review of the City's water system. He reviewed a map of the areas in Beaverton served by Tualatin Valley Water District (TVWD) and noted part of the area received fluoridated water, the Raleigh Water District (unfluoridated) and the West Slope Water District (unfluoridated). He said the TVWD represented 15% of citizens who received fluoridated water.

Ramisch explained there were methods available for adding fluoride: Fluorosolici acid (a strong liquid acid); Sodium fluorosilicate (fine granular powder); and Sodium fluoride (granular). He explained the first two methods were typically used in a water system with a treatment plant. He added the disadvantage to the first two was that they made the water more acidic and the water would have to be treated to achieve desired pH levels. He noted there were also handling difficulties for administering the first two chemicals (ventilation, personnel protection, handling problems).

Ramisch explained staff recommended using sodium fluoride; a granular product, which was easier to handle. He said sodium fluoride did not need as much personnel protection, it did not require as high a level of expertise for handling in the treatment process as the other two chemicals and it was not temperature sensitive to the water. He stressed staff believed the sodium fluoride was the proper choice of chemical. He showed photos of the TVWD facilities, where sodium fluoride was currently used and reviewed the grades and cost of sodium fluoride (Industrial grade - $67,000/annually to use in the City's system; Pharmaceutical grade - Over $500,000 annually). He said the sodium fluoride used universally in water systems was what met the AWWA and NSF S tand ards and the cost was $67,000 annually. He said staff recommended using the AWWA/NSF 60 Grade at a cost of $67,000 annually ($0.65/lb). He listed other cities in Oregon and the United States that fluoridated their water (in the record).

Ramisch explained staff was concerned about the long-term success of the ASR well system. He said staff wanted to be sure there wasn't anything in fluoridated water that could cause a degradation or long-term impact to the wells. He said they asked the consultant, Groundwater Solutions Incorporated (GSI), to analyze this issue. He said the final report from GSI indicated the ASR wells would not be affected by this process.

Ramisch explained staff also questioned if fluoridated water was put into the ASR system now, when that water was drawn out in June would there be a fluoride residual. He explained staff's initial thought was to add the fluoride at the main meter and re-fluoridate at the wells. He said even if the fluoride did not remain in the water as it was withdrawn, the blend of the withdrawn ASR water and the new water with fluoride in it, would still be in the acceptable range of one part per million. He said staff proposed to monitor and evaluate several points around the system for one full cycle and see how diluted the fluoride became; then decide how to continue.

Ramisch reported in FY 2002-03 the cost of the project was $300,000 for the consultants and some peripheral work. He said they expected the construction costs to be around $600,000 which was slightly higher than the CIP ($550,000). He reviewed the project's timeline and noted the City had entered the permitting process at the County. He said the City had the site development permit from the County and had submitted an application for the building permit. He said if the Council agreed with staff's recommendation, the Invitations for Bid would go out tomorrow, the contract would be awarded December 15, 2003, the contractor would begin work before Christmas, and the completion date would be mid-to-late March.

Ramisch explained the City worked with over 30 agencies throughout the State on this project. He said they reviewed many issues including site security, utilities and Oregon Health Division issues. He concluded by asking for Council approval to move forward with the sodium fluoride system and the AWWA grade of sodium fluoride.

Coun. Doyle asked if staff found any negative issues with sodium fluoride when fluoride was discussed with other agencies.

Ramisch replied they had not found any negatives; but they had received strong advice from the partners in the Joint Water Commission that the sodium fluoride was the right choice.

Utility Engineer David Winship pointed out that TVWD and Forest Grove were using silica fluoride originally and both were converting completely to sodium fluoride due to occupational issues.

Coun. Bode asked if any cities that used sodium fluoride had changed to another method.

Ramisch replied he was not aware of any that had converted from sodium fluoride.

Coun. Soth confirmed all three fluorides were approved by the AWWA. He asked, regarding the ASR wells, if the monitoring was being done to see if any fluoridated water was concentrated in the immediate vicinity of the wells.

Winship explained the consultant, GSI, conducted studies to answer that question. He said a number of samples were taken, bench testing and analysis were done, and GSI's recommendation was that the fluoride would not precipitate out to any great degree. He said the City felt good at this level and would continue to monitor the system and wells to ensure there was no plugging of the aquifer. He said after one year of monitoring they would get recommendations from the hydro geological consultant. He explained the monitoring data was logged through the telemetry system to the computer and was used to do the required reporting to the State.

Coun. Soth asked if this required an endorsement of the Water System Operator's license.

Winship replied it required additional certification and the City had two water treatment employees who were certified for this work. He said employees were encouraged to become certified and the certification covered the use any of the three fluorides.

Mayor Drake asked if there was anyone who wished to testify.

Rich Crimi, Beaverton , provided written information to the Council concerning various news articles regarding the health effects of water fluoridation. He explained the articles covered studies that linked the use of fluoride to low IQ, to increased tooth loss and to the malformation of frog embryos. He also noted an incident in Marlborough , Massachusetts , where a water treatment plant was closed down due to a valve malfunction that released dangerous amounts of fluoride into some of that city's drinking water. He said he was concerned about this information and wanted to bring it to Council's attention.

Mayor Drake asked if anyone else wished to testify.

There was no one who wished to testify.

Coun. Stanton left the meeting at 8:15 p.m. and did not return.

Coun. Soth MOVED, SECONDED by Coun. Ruby, that Council direct staff to proceed with the fluoride implementation plan as outlined and bring back to Council a plan developed in more detail, considering everything that was heard tonight.

Mayor Drake asked Coun. Soth if the motion included the recommended action on the choice of sodium fluoride.

Coun. Soth replied that it did.

Question called on the motion. Couns. Bode, Doyle, Ruby and Soth voting AYE, the motion carried unanimously. (4:0)

After the vote, there was Council discussion on the intent of the vote and it was agreed that the motion, as referenced above, was the consensus opinion that the vote reflected the direction to proceed with the fluoride implementation plan as outlined.

ORDINANCES:

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the first reading of the ordinance embodied in Agenda Bill 03257 be continued to the Council meeting of December 15, 2003 , at 6:30 p.m. Couns. Body, Doyle, Ruby and Soth voting AYE, the MOTION CARRIED unanimously. (4:0)

First Reading :

03257 - PULLED: An Ordinance Annexing Property Generally Located at 8655 SW Canyon Lane to the City of Beaverton . Expedited Annexation ANX 2003-0006 (Ordinance No. 4278) (Continued to the meeting of December 15, 2003 .)

Second Reading :

Rappleyea read the following ordinances for the second time by title only:

03251 - An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located at 1500 NW 167 th Place; CPA 2003-0011/ZMA 2003-0013 (Ordinance No. 4276)

03252 - An Ordinance Amending Ordinance No. 4187, Figure III-1, the Comprehensive Plan Land Use Map and Ordinance No. 2050, the Zoning Map for Property Located at 9730 SW Cynthia Street; CPA 2003-0014/ ZMA 2003-0018 (Ordinance No. 4277)

Coun. Soth MOVED, SECONDED by Coun. Ruby, that the ordinances embodied in Agenda Bills 03251 and 03252, now pass. Roll call vote. Couns. Bode, Doyle, Ruby and Soth voting AYE, the MOTION CARRIED unanimously. (4:0)

ADJOURNMENT

There being no further business to come before the Council at this time, the meeting was adjourned at 8:59 p.m.

APPROVAL:

Approved this 15th day of December, 2003.

__________________________________
Rob Drake, Mayor