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Health News - 6/24/05
Property rights trump bid for mosquito control
By CHARLIE PLUMB
Spokane Valley News Herald Staff Writer


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Freedom and private property rights won out over the mosquito control district Tuesday night.

County commissioners, expressing their concern with parts of the proposal that would allow mosquito control agents to access private property and to invoke tax levies without a vote of the people, first allowed the idea to die for lack of a motion. Then, at the urging of the county attorney, they voted against placing the issue on the September ballot.

The commissioners at first considered delaying their decision because of their disappointment with the turnout at the public hearing. That point also was raised by Grant Rodkey, a Spokane Valley dentist, who spoke out against establishing the district.

"I am embarrassed this room isn't full of property owners," Rodkey said.
He added that he hates taxes, but he hates the loss of his property rights even more.

"This is an issue of freedom," he said.

Rodkey was one of seven people speaking out against the measure. Only one spoke in favor. That was Dr. Kim Thorburn, director of Spokane Regional Health District, who said taking measures to kill mosquito larvae is part of preventing the outbreak of West Nile virus in the state.

"The health district is concerned with disease prevention," Thorburn said.
Most of those attending, with one exception, acknowledged the threat of mosquito-borne diseases. However the powers the unelected mosquito control board would have were a concern.

According to Jim Emacio, county attorney, district agents could enter property with or without permission; it could condemn property to abate a public nuisance; it could levy any amount of tax it felt it needed to continue operations; it could file liens on property to pay for abatement if the owner could not pay; and if the public didn't like the district and wanted to get rid of it, they would have to go back to the polls and have a 66-percent favorable vote to dissolve it. It only takes a 51-percent approval to establish the district, Emacio said.

Carolyn Picket suggested that the district would be unconstitutional.

"This is another level of governance to take away power and rights from the people," Picket said.

Richard Reid of the Sierra Club said he was concerned about the biological hazard due to the types of larvicide being used.

"Such a high power is a risk in itself," he said.

Jeanne Dammarell, who represents the Neighborhood Alliance of Spokane County, took a little different angle in opposing the district. Reading from a prepared statement, Dammarell suggested that the Spokane Regional Health District is the appropriate agency to deal with the West Nile Virus problem.

"We think that funding additional staff within the health district to specialize in handling the mosquito problem would be a more efficient use of resources,"

Dammarell said. "Establishing a separate control district in a dry-land county that lacks large irrigation districts is unreasonable overkill."

She also suggested the law requiring mosquito districts should be addressed.
That point was shared by Commissioner Phil Harris who said the law was bad and that the county should lobby the Legislature to either get it rewritten or to come up with a new law.

"It's wrong to tax the public to solve a problem on government land," Harris said. "government agencies should take care of their own problems."
Responding to Commissioner Todd Mielke's suggestion to delay a decision to get more citizen input, Commissioner Mark Richard said that wasn't going to change his mind.

"Not additional amount of input is going to make me change my mind," Richard said. "There's no control over the money, the materials used or the methods. This goes against my grain. It is not a vehicle I am ready to support."

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