TO: Catherine Cahill – APCC Chair <ffcfc@uaf.edu>
Lawrence K Duffy – APCC <fflkd@uaf.edu>
Gwen Holdmann – APCC <gwen.holdmann@alaska.edu>
Mark Sherman – APCC <mark@shermanengr.com>
Kathleen Hook – APCC <khook@doyonutilities.com>
Mayor Luke Hopkins <mayor@fnsb.us>
Glenn Miller – FNSB Transp Director <gmiller@co.fairbanks.ak.us>
Jim Conner – FNSB Air Quality Specialist <jconner@fnsb.us>
CC: Seth M Beausang – State of Alaska <seth.beausang@alaska.gov>
Commissioner Larry Hartig – DEC <larry.hartig@alaska.gov>
Alice Edwards – DEC Div of Air Quality <alice.edwards@alaska.gov>
FROM: Patrice Lee <patricelee3294@gmail.com>
SUBJECT: Request for removal of report by Michael Walleri from APCC agenda Tuesday, June 25
DATE: Monday, June 24, 2013
Dear Members of the APCC, Mayor Hopkins, Mr. Miller, and Dr. Conner:
We strongly request removal of the presentation by Michael Walleri from the June 25, 2013 Air Pollution Control Commission meeting agenda. Mr. Walleri is representing the defendants in the Woodriver case brought by the state of Alaska in January.
There is no interest served by Mr. Walleri’s report other than to influence the outcome of the upcoming trial and bias the jury pool demanded by his clients.
The purpose of the APCC is to control air pollution, not to serve as a platform for individuals established to have caused public nuisance air pollution. Judge Robert B. Downes already ruled in the February 4 preliminary injunction order “that the operation of the defendants’ outdoor wood boilers has proven to be a public nuisance.” [Link to order by Judge Downes.]
The defendants in the Woodriver case and their attorneys should feel welcome to speak during the Citizens Comments period, as is the right of any citizen. The APCC should responsibly and “fully investigate nuisances, health hazards and other harmful effects” that led up to the Woodriver case, but this report does not constitute an “investigation”. Giving special treatment and 15 minutes for this report is inappropriate and violates the powers and duties of the APCC per FNSB Chapter 2.48.120.
Following is the agenda item under New Business, Reports for the June 25 APCC meeting:
“Mike Walleri, attorney for defendant of State vs. Straughn, will update the APCC on current status of the litigation regarding the outdoor hydronic heaters in the Woodriver School area, 15 minutes presentation time.” From: http://www.co.fairbanks.ak.us/PublicNotices
We, the undersigned, respectfully request Mr. Walleri’s presentation be withdrawn from the June 25, 2013 APCC agenda.
Sincerely,
Pam Miller, Executive Director, Alaska Community Action on Toxics
Delice Calcote, Executive Director, Alaska Inter-Tribal Council
Michele Herbert, Director, UAF Office of Sustainability, Cooperative Extension Service
Carrie Dershin, Citizens for Clean Air
Sylvia Schultz, Program Director, Clean Air Fairbanks
This letter is also submitted on the request of the following individuals who are residents of the Fairbanks North Star Borough:
Nancy Kuhn
Richard Clymer
Stephanie Clymer
Carl Benson
Patrice Lee
Krystal Francesco
Jean James
Michele Foley
Kayla Clark
Heidi Cambier
Nancy Viale
Don Pendergrast
Lynn Grover
Brandon Grover
Mackenzie D. Staiger
Tom Dolan
Leslie Dolan
P.J. Strawther
Joyce Potter
Nancy Rabener
Tom Stimpfle
Shalonda Riley
Putt Clark
Tami Seekins
Kimberly Good
Michael Riordan
Melissa Riordan
Patricia Seifert
Melissa Simpson
Glen Simpson
Robin Barker
Betty Flodin
Laura Palomino
David G. Hade
Martha Russell Hade
Kathleen Dubbs
Jacqueline D’Auria
Bethany Russell
Clean Air Fairbanks 