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HomeMy WebLinkAbout2006-January File Copy i Jefferson County Board of Health .Agenda • nvlinutes January 26, 2006 6 / / / / -CI \ \ a) \ 0 a) o e o 2 ) -5 ± 2 \ I o \ % / $ \ a) f ) .� \_ / / \ - _ e CO G = 0 ± a / k 0 c f (0 C t U ° \ / / \ C / (0 / / CO 2 0 _ � & G & c ° C ' g > W. 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E .g .g - 2 .g 7 -0 _ --0 o in = o 15 o o _ a 2 0 0 0 o a / ° o m y q ~ \ o £ < z 2 U < .E 0 ± 2 12 Z 2 2 O \ 2 E 2 W % k / < 2 '4 1 ■ CO / / / CO Cf) CO CO (.0 / / CO / CO 0 0 0 0 CD 0 0 CD CD 0 0 \ f f 0 9 N N N N N e e g e e \ CO CO CO CO CO / CO \ f # r R ‘-- ,-- N- \ R & & A 'Sr # 0) / / L • JEFFERSON COUNTY BOARD OF HEALTH Thursday,January 26,2006 Main Conference Room Jefferson County Public Health 2:30—4:30 PM AGENDA I. Election of Board of Health Chair and Vice Chair for 2006 II. Approval of Agenda III. Approval of Minutes of December 15, 2005 Board of Health Meeting IV. Public Comments V. Old Business and Informational Items 1. Hood Canal Sanitary Survey Project VI. New Business 1-A. Jefferson County 901 Implementation Ordinance • 1-B. Jefferson County 901 Implementation Program 2. Proposed Fee Schedule for Indoor Air Regulation Enforcement 3. Jefferson County Syringe Exchange Program Report 2000-20005 4. Legislative Session Update 5. Influenza Season Update VII. Activity Update VIII. Agenda Planning IX. Next Scheduled Meeting: February 16, 2006 2:30PM—4:30 PM Main Conference Room Jefferson County Public Health • 4' • • JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, December 15, 2005 Board Members: Staff Members: Geoffrey Masci, Chairman—Port TownsendCity Council Jean Baldwin,Jefferson County Public Health David Sullivan, Vice Chairman—County Commissioner Director District#2 Julia Dans kin,Nursing Services Director Phil Johnson— County Commissioner District#1 Thomas Locke,MD, Health Officer Patrick M Rodgers-County Commissioner District#3 Mike McNickle, Environmental Health& Jill Buhler—Hospital Commissioner District#2 Natural Resources Director Sheila Westerman—Citizen at Large(City) Roberta Frissell—Citizen at Large (County) Meeting called to order at 2:30 by Chairman Masci in the conference room of Jefferson County Public Health. All board and staff members were present. APPROVAL OF AGENDA Motion to approve agenda was made by Board Member Frissel and seconded by Board • Member Buhler. APPROVAL OF MINUTES Board Member Frissel motioned to approve the meeting minutes from November 17 and Board Member Buhler seconded the motion. The vote by the Board passed unanimously. PUBLIC COMMENTS Chair Masci called on the public for comments. A community member, Dr. Kimber Rotchford, who is serving on the Substance Abuse Advisory Board, expressed his support of the Board of Health's (BOH) oversight of the Substance Abuse Advisory Board. He requested that the BOH recognize the seriousness of the issue of methamphetamine abuse and to make it a top priority because chemical dependency is a public health issue. Dr. Locke was invited to the annual retreat in February to help with an emergency plan to address this epidemic in our County. A comment that the community is being excluded from BOH proceedings was made. One individual explained how he had requested a copy of the packet during the last meeting and was not happy that he received a public records disclosure form stating it needed to be completed before receiving the meeting information. Another example of • potentially excluding the community was the health department's website hasn't been updated since 2004. A request was made for the Board to change the language in the junk car ordinance for car and truck enthusiasts that are actively restoring vehicles. It was suggested that state law be followed when pertaining to solid waste recovery and a copy of the RCW was distributed by a community member. Concern with financial and emotional hardship on people was expressed and a statement in regards to how the junk car ordinance doesn't differentiate between dumping stuff on someone else's property verses having your own stuff in your yard was voiced. A request for better clarification for what a person can do with their own cars was made and the importance of treating people with respect and being flexible were identified as significant issues. One community member stated that the junk car ordinance is vague and encourages selective enforcement and prosecution. The possibility of people leaving junk cars on the sides of the road was mentioned and this would be costly to the County. Concern for the large fines and protecting people's rights was voiced. It was suggested to focus on other issues such as the methamphetamine problem. It was stated that the Jeep Junkies FWD and the Mud Toy 4x4 Clubs have assumed responsibility for maintaining the gravel pits from Teal Lake out to Tarboo. They continue to patrol these areas and keep them clean. The concern is the junk car ordinance • will lead people to dump stuff across the top of Teal Lake and Tarboo Ridge because there isn't a dumping facility that is affordable or free. Mike McNickle pledged to meet with community members to discuss the new ordinance. Chair Masci explained that an ordinance can be modified and thanked all community members for their comments. OLD BUSINESS Initiative 901 Press Release and Statutory Changes Jean Baldwin explained how this is a two-phase operation. Phase 1 is education—public outreach and posting of signs on public buildings. The law went into effect December 8. Public Health will bring the enforcement and appeal process to the Board of Health in January for Phase 2. Department of Health did a mailing to all establishments within the county who sell liquor and the next mailing will go to those who sell food. Jean informed the Board that the complaint line is operating and Jefferson County Public Health(JCPH) is working with owners regarding indoor air and is also working with David Alvarez to draft an ordinance that will address how JCPH handles the enforcement for establishments. Enforcement for individuals who stand within the allowed 25 ft. of an entrance or open windows of public buildings is a law enforcement issue. Jean stated that JCPH will not be enforcing outside air issues and that a citation process is needed for • III establishments who continue to allow smoking. This initiative became a law without detailed enforcement procedures specified. This will require the local BOH to adopt rules and policies about how we enforce it. Complaints are currently being processed through the Environmental Health Division. Junk Vehicle Enforcement Policy Mike McNickle completed a draft of a junk vehicle enforcement policy because there was a request for clarification on enforcement. Mike discussed the possibility of hosting town hall style meetings to answer questions about the policy and encourage discussion about what is best for the community. Board Member Pat Rogers spoke in favor of public input and expressed that the importance of public process in policy development. Board Member Frissel spoke of utilizing the newspaper to advertise agenda items and expressed her disappointment of the website being so out of date. Board Member Buhler mentioned her preference in regards to the junk car ordinance to consider amendments to the ordinance and not just policy changes. Dr. Locke explained that what is in the ordinance establishes the intent of the Board and the authority to take action in specific circumstances. If those aspects of the ordinance are confusing or in need of modification, amendments to the ordinance should be made. He also stated policy doesn't make new law; it just explains how the law will be interpreted and enforced. Board Member Buhler suggested having the ordinance clarify the discrepancy between"abandon" and"junk." Board Member Sullivan made a motion for Mike McNickle to meet with the public as planned and come back with recommendations on how to change either the policy or IIIordinance as appropriate. The motion was seconded by Board Member Johnson and the vote passed unanimously. Brief Recess for a consultation 3:37p.m. NEW BUSINESS Public Hearing 3:40p.m., Community Health & Environmental Health Fees Mike McNickle reviewed the 2006 fee schedule, explaining that all fees except for the On-Site program fees were increased 3.7% , the current consumer price index increase. The On-site fees were increased 16% in order to hire an EH Technician, which was recommended in the Latimore report on permit process improvements. This new position will help achieve a two-week turnaround time and to improve customer service. Board 4 Member Rogers expressed the importance of the fees reflecting the work and the cost f content that goes into the service provided. Mike assured Board Member Rogers that 100% of the costs will be covered. Jean explained that there were no real changes in the other public health fees but there was clean up around laboratory services and methods. Fees schedules are available at the front desk. Jean informed the Board that fees for direct care services change throughout the year as they are indexed to the Department of Social and Health Services. Chair Masci called on the public for comments. 0 There was a request of having the EH fees posted on the website with the BOH agenda to • inform the public. Board Member Rogers inquired if the JCPH satisfied the legal requirement for public process. Jean Baldwin responded that public notification requirements and timelines had been followed. Chair Masci suggested a motion relative to adopting the Jefferson County Public Health & EH fee schedule and Board Member Frissel made the motion. Board Member Buhler seconded the motion. Motion passed unanimously. Chair Masci stated for the record that the Board reviews fees annually to be in compliance with the law relative to service equaling cost of administration and delivery. Hearing closed at 3:45p.m. Jefferson County Youth Report Jean Baldwin reviewed the healthy youth survey from last school year, which included 6, 8, 10, and 12 graders. She informed the Board that the report presents a highlight approach to see the main issues. The schools were required to participate in the survey conducted this year. The report gives information to grant writers and policy makers. Chair Masci expressed the importance of community health assessment to know what problems need to be addressed. He praised the hospital for their willingness to participate and spoke of the importance for the City's continued support for assessment activities. • Board Member Rogers agreed that drug use is a serious problem in our community and it has made it difficult for employers. Board Member Sullivan requested support from the Board and suggested seeking support from other boards to try to find funding for interventions. The statistics in BRFSS and Healthy Jefferson work have helped groups prioritize community issues. Chair Masci spoke of how the Board must act on the next set of data and not ignore the problem or trends. Dr. Locke reported on a discussion with Vic Dirksen, CEO of Jefferson Health Care, would like to use the Joint Board format to review assessment data and to make a commitment to review it on a regular basis as a way to sustain assessment efforts. He said it may be possible for the first meeting to take place in February or March and he explained that using the Joint Board offers the opportunity for the policy makers to make the commitment for organizations to work together. Board Member Rogers requested that an invitation be extended to the rest of the City Council to attend and hear in a comprehensive way the content of this work. Board Member Rogers expressed that this is one area the City and County share a very strong commitment. i" • Jean Baldwin asked for volunteers from the Board to read the next draft of the Jefferson County Youth Report to help have it ready for the public. Board Members Frissel, Buhler, and Chair Masci volunteered. Hood Canal Sanitary Survey Project Update Mike informed the Board that Environmental Health is performing sanitary surveys, funded by Department of Ecology, to residents from the shoreline Tala Point to Triton Beach. The purpose of the survey is to look for sources of nitrates and fecal coliform bacteria near the Hood Canal. The grant amount is $70,000 for two years. There will be three meetings in January with the public to promote participation. The samples returned from the lab so far have shown no significant levels of nitrogen or fecal coliform. Pandemic Influenza Update Dr. Locke explained that this is a real issue that we need to be prepared for. He reported that he has been meeting with the hospital, made presentations to medical staff, and is scheduled to attend the Infection Control Committee meeting in January. One of the key challenges will be keeping all the essential services in communities running for the three to six month period when pandemic influenza will be moving through the population. Businesses should have plans on how to stay in business. There needs to be plans to keep food in the grocery stores, water plants running, and fuel available. He stated that the hospitals and health departments by and large know what they need to do and have plans in place, but need to do training to make sure our communication systems work and • everyone knows what their responsibility is. The big challenge is getting new partners who have not been involved in emergency preparedness to understand they need to participate in preparedness activities. The Kitsap County Health District hosted an all day community forum and it went well. Jefferson and Clallam are considering a forum to be held somewhere between January and March. Dr. Locke requested participation from the Board. Jean Baldwin informed the Board that public health is working with the school districts and some individuals in high risk areas by providing informational packets and there are packets ready to be distributed to the largest employers. Julia Danskin mentioned that public health will respond the best way it can, but some community people thought the hospital and public health would be able to meet their needs more readily. We need to let people know what our capacity allows. Dr. Locke supported Julia's comments by stating our ability to respond to a pandemic influenza emergency will be limited by the infrastructure that we have in place at the time of the emergency. Substance Abuse Membership Nominations Chair Masi reported that the interviewing committee, consisting of Board Member Rogers, Jean Baldwin, and himself met and reviewed resumes. Interviews were faconducted and Chair Masci nominated Dr. John Chiles as an appointee to the Substance Abuse Advisory Committee. Board Member Rogers seconded and the motion passed • unanimously. Activity Update/Agenda Planning • Junk vehicles • I-901 • Healthy Youth/BRFSS • Mental Health Sales Tax • Substance Abuse Board and Law& Justice should be working with John to put together a six year budget plan. Board Member Rogers recommended Jean Baldwin to be involved because of prevention programs. • Board Retreat • Election of new Chair Board Member Rogers moved to adjourn the meeting at 4:28p.m. Board member Sullivan seconded the motion. Next meeting is scheduled Thursday, January 26, 2006 from 2:30p.m. - 4:30p.m. at Jefferson County Public Health. JEFFERSON COUNTY BOARD OF HEALTH Geoff Masci, Chair Jill Buhler, Member • David Sullivan, Vice Chair Sheila Westerman, Member Roberta Frissell, Member Phil Johnson, Member Patrick M. Rogers, Member • k wof �1 i ,.y%' ` `��: � " '� .A o- 4 3 41,13-Attita '044 In order to maintain safe water quality for people and marine life in Hood Canal, Jefferson County Public Health is embarking on a project to inspect and assess septic systems and help homeown- ers learn how to prolong the life of their septic system. This two year project is funded by Washington State Department of Ecology with funds approved by the Legislature. The goals of the project are to protect public health, prevent shellfish cloures, and protect Hood Canal from pollution. Staff from Jefferson County Public Health will: • Hold public meetings and distribute information about the project to communities from Tala Shore south through Brinnon to the county line. •• Take samples from sources of fresh water along the Hood Canal shoreline. • Identify and correct pollution sources and we may ask you to allow us to perform an ins ectio n of your septic system. If your septic system is found to be failing, we will assist you in finding resources for repairing it. Bacteria, viruses, and other organisms in sewage are a health hazard and the system must be repaired. • Survey shoreline and watershed area homeowners about their septic systems We will contact you to set up a convenient time to meet with you at your home to ask questions about and in- spect your septic system. Or, if you see us in the neighborhood, we could set up an appointment or perform the inspection at that time. • Provide information about septic system operation and maintenance. • Provide resources for management of animal waste, stormwater, and other pollution sources. • Report the results of the survey and project to you and the community. The survey and inspection will take approximantly 30 minutes. The results of the project may help guide individual communities and in the futuer land use planning in the Hood Canal. You are a key part of the effort to protect "our" Hood Canal. Together, we can make it safe for our families and marine life. If you have questions, please call Jefferson County Public Health. • JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street, Port Townsend, Washington 98368 Always Working for a Safer and Healthier Jefferson County Phone: (360) 385-9444 Fax: (360) 385-9401 web: www.jeffersoncountypublichealth.org PRESORTED Jefferson County Public Health STANDARD Environmental Department U.S. POSTAGE PAID 615 Sheridan Street pORT ,n SEND'W Port Townsend,WA 98368 PERMIT No. 45 • . 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Tefferson County 1-9o1 Im_pCementation Ordinance January 26, 2006 • ( ,..64 JEFFERSON COUNTY PUBLIC HEALTH PA* o+ 615 Sheridan Street • Port Townsend •Washington • 98368 • www.jeffersoncountypublichealth.org Jefferson County 1-901 Implementation Plan (Draft)—January 19,2006 Task Description Health Department Program PHASE ONE-beginning December 1,2005 1.1 Educational mailing to all bars/restaurants with alcohol licenses State Department of Health 1.2 JCPH Administration,Tobacco Press release: Revised Clean Indoor Air Act and complaint Prevention and Control Program process (TPCP) 1.3 Meet with county attorney to clarify specific components of the JCPH Administration,TPCP law&enforcement/civil penalties 1.4 Draft Ordinance re: Clean Indoor Air Act-enforcement/civil JCPH Administration,TPCP penalty administration 1.5 Update health department website with information on the law TPCP 1.6Meet with Jefferson County facilities department to ensure JCPH Administration County facilities compliance 1.7 Participate on state-sponsored 901 Conference Calls TPCP, Food Safety Program (FSP) PHASE TWO-December 8th to March 2006 2.1 Develop complaint process JCPH Administration,TPCP 2.2 Develop education packet for non compliant establishments TPCP 2.3 Education packet mailed to establishments who may be out of TPCP compliance. 2.4 Develop Official Notice packet for non compliant establishments TPCP • 2.5 Official Notice packet mailed to establishments who may be out TPCP of compliance. 2.6 Coordinate tracking with EH&Tobacco staff TPCP, FSP 2.7 Establish enforcement protocol&warning/violation templates JCPH Administration,TPCP 2.8 Amend JCC as necessary to administer CIA Act revisions JCPH Administration,TPCP 2.9 Radio ads about the law and the statewide information line State Department of Health 2.10 Continue education to all affected businesses in Jefferson TPCP County 2.11 Develop process for 25-foot rule variance application and JCPH Administration,TPCP, FSP determination criteria 2.12 Meet with or present to law enforcement regarding 1-901 JCPH Administration, TPCP, FSP enforcement PHASE THREE-Post March 2006 3.1 Restaurant and bar compliance verified during routine food FSP inspections 3.2 Additional compliance checks based on complaints FSP 3.3 Cessation resources education campaign TPCP 3.4 Possible education on the law through food handlers testing TPCP 3.5 Possible information/training for security/bouncers etc to assure TPCP compliance with law . COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ALWAYS WORKING FOR A SAFER AND NATURAL RESOURCES MAIN:360-385-9400 MAIN: 360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 JEFFERSON COUNTY PUBLIC HEALTH • Ts., 4017 4.4 ' 615 Sheridan Street • Port Townsend •Washington • 98368 "`" www.jeffersoncountypublichealth.org Clean Indoor Air Act(RCW 70.160—Initiative 901) How the Smoke-free Law Affects You Frequently Asked Questions Why did the law change? The law was changed to protect employees and the public in Washington State from exposure to secondhand smoke. It amends the 1985 Clean Indoor Air Act to prohibit smoking in all public places and within twenty-five(25)feet or less of building entrances, exits, ventilation intakes or windows that open. I -901 passed by a majority in all counties in Washington State. In Jefferson County, 1-901 passed by a 63% majority. What does the law require me to do? If you are a business that is open to the public you are required to post"No Smoking" signs that are clearly visible at each entrance and in other prominent locations and notify employees and patrons that smoking is prohibited in your business. What types of places are covered under the new law? All indoor public spaces and workspaces including restaurants, bars, skating rinks, bowling alleys and casinos, are required to be smoke-free. Hotels and motels must ensure that at least 75% of the rooms are smoke-free. Does the law apply to private clubs such as Yacht Clubs, Country Clubs, and Fraternal Organizations? Yes. The law applies to private clubs that have employees, volunteers or that allow guests. These businesses are required to be smoke-free. • Is smoking allowed in outside seating areas? No. Smoking is prohibited in any outdoor area that is serviced by employees. Employee service includes but is not limited to taking orders, serving, cleaning, or passing through an area. Can I provide an employee smoking room? No.The law prohibits employers from providing employee smoking rooms. Where can employees go to smoke? Employees can smoke outside, at least twenty-five (25)feet away from building entrances, exits, ventilation intakes or windows that open. What should I do if someone starts smoking in an area where smoking is prohibited? It is the responsibility of the business owner to inform the individual that he/she is in violation of the law. If a customer refuses to stop smoking or relocate to an area that is at least twenty-five (25)feet from building entrances, exits, ventilation intakes or windows that open, contact your local law enforcement agency(City Police or County Sheriff). Where can I support employees or customers who want to quit smoking? Contact the Washington State Tobacco Quitline at 1-877-270-STOP(7867)or quitline.com Where can I learn more about Secondhand Smoke and related issues? The following sites can provide a gateway to tobacco-related issues and resources: www.jeffersoncountypublichealth.org/health/tobacco_programs.html www.secondhandsmokesyou.com www.doh.wa.gov/tobacco *This summary is not intended to be comprehensive or to provide an authoritative legal interpretation* COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH • DEVELOPMENTAL DISABILITIES ALWAYS'�VORKING FOR A SAFER AND NATURAL RESOURCES MAIN:360-385-9400 HEALTHIER COMMUNITY MAIN:360-385-9444 FAX:360-385-9401 FAX:360-385-9401 v`, JEFFERSON COUNTY PUBLIC HEALTH • ¢.Cl. 14 .5° 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncou ntypublichealth.org Clean Indoor Air Act(RCW 70.160—Initiative 901) How the Smoke-free Law Will Be Enforced Frequently Asked Questions Who will enforce the law? Jefferson County Public Health (JCPH) is responsible for enforcing the law with respect to businesses. Local law enforcement agencies are responsible for enforcing the law with respect to individuals. How will the law be enforced? JCPH staff will site violations observed during routine inspections and will respond to reports of violations from the public. Violations must be directly observed by JCHP staff to result in sanctions. What is considered a violation of the law? Violations of the law include: 1)smoking or evidence of smoking inside a public space or workplace, including the presence of smoke, cigarette ashes or cigarette butts;2)lack of"No Smoking" signs that are clearly visible at each entrance; 3)no action taken to prevent smoking with 25 feet of entrances, exits, windows that open, and ventilation intakes. Are vending machines in bars and restaurants illegal since smoking is prohibited? No. Cigarettes may still be purchased from a vending machine but cannot be smoked in the bar or restaurant. How do I deal with people who want to smoke? Tell the individual that the law prohibits smoking indoors and direct him/her to an outside area that is at least twenty-five (25)feet away from building entrances, exits, ventilation intakes or windows that open. What should I do if someone starts smoking in an area where smoking is prohibited? The owner, operator, manager, or person in charge should make a reasonable effort to obtain compliance. Tell the individual that the law prohibits smoking inside your business and ask them to relocate to an area that is at least twenty-five (25)feet away from building entrances, exits, ventilation intakes or windows that open. What should I do about a customer who refuses to comply with the law? It is the responsibility of the business owner to inform the individual that he/she is in violation of the law. If a customer refuses to stop smoking or relocate to an area that is at least twenty-five (25)feet from building entrances, exits, ventilation intakes or windows that open, contact your local law enforcement agency(City Police or County Sheriff). What are the penalties to a business? Your business can be sanctioned every day that a violation occurs. Repeated violations may result in fines, food service establishment permit suspension and/or court filings. What is the 25-foot rule and how do I comply? The intent of the 25-foot rule is to prevent smoke from entering a building. Smoking is prohibited in outside areas that are less than twenty-five (25)feet away from building entrances, exits, ventilation intakes or windows that open. When these areas are owned by or within the control of a business, such as a deck, the person in charge is responsible for ensuring compliance with the law. Where can I support employees or customers who want to quit smoking? Contact the Washington State Tobacco Quitline at 1-877-270-STOP(7867)or quitline.com *This summary is not intended to be comprehensive or to provide an authoritative legal interpretation* COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH • DEVELOPMENTAL DISABILITIES ALWAYS WORKING FOR A SAFER AND NATURAL RESOURCES MAIN:360-385-9400 MAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 c2. 14P1 JEFFERSON COUNTY PUBLIC HEALTH • /14 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncountypublichealth.org Washington State Clean Indoor Air Act RCW 70.160 Effective December 8, 2005, the amended Washington State Clean Indoor Air Act now prohibits smoking in most work and public places as well as 25 feet from all doors, windows and air intakes. These changes reflect Washington citizen's commitment to ensuring that all workers are protected from secondhand smoke. What is Secondhand Smoke? Also called environmental tobacco smoke (ETS) secondhand smoke is a mixture of the smoke given off by the burning end of a cigarette, pipe or cigar and the smoke exhaled from a smoker's lungs. The Environmental Protection Agency (EPA) reports that secondhand smoke contains more than 4,000 substances, 43 of which are known to cause cancer. Waitresses and bar tenders have higher rates of lung and heart disease than many other occupations. What does the Act require Businesses to do? Starting Thursday December 8, 2005, No public or private employer may allow smoking at their business. Customers must be informed that smoking is not permitted indoors. Motels and Hotels must ensure that 75% of all rooms are non-smoking rooms. What about smoking outdoors? • The Act prohibits smoking within 25 feet of all doors, widows that open and air intakes. Staff must also inform the public that smoking is not permitted within the 25 foot radius. Should signs be posted? Yes. "No smoking"signs must be prominently posted at all entrances and properly maintained. What should Businesses do if customers insist on smoking? The Owner, manager or staff must remind the patrons of the provisions of the Act and explain that they must step outside to smoke and not be within 25 feet of the doors, windows and air intakes. How will the act be enforced? Jefferson County Public Health will investigate all complaints. The owner, manager or person in charge must make a reasonable effort to prevent smoking and adhere to the 25 foot rule. How can I find more information? Contact Jefferson County Public Health at (360) 385-9446. Where can I get Information on Quitting? If you use tobacco and want to quit call the Washington State Quit Line at 1-877-270-STOP (1-877-270-7867)or visit quitline.com. COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH • DEVELOPMENTAL DISABILITIES ALWAYS' `ORKING FORA SAFER AND NATURAL RESOURCES MAIN:360-385-9400MAIN: 360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 g�az� JEFFERSON COUNTY PUBLIC HEALTH • .e.„,..•=. 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncou ntypublichealth.org Compliance Checklist Clean Indoor Air Act (RCW 70.160 — Initiative 901) Required Actions V Post no-smoking signs that are visible in your establishment Signs that prohibit smoking must be posted conspicuously at each building entrance. For retail stores and retail service establishments signs must also be placed in prominent locations throughout the place of business. You may want to design or purchase your own signs. No Smoking signs are also available through the following: • Jefferson County Public Health (limited basis) • Department of Health http://www.doh.wa.gov/Tobacco/other/smokefreesigns.htm V Prohibit smoking within your place of business Owners and managers must prohibit anyone from smoking within their place of business. This includes employees, vendors and customers. For hotels and motels this includes no less than 75% of the sleeping quarters that are rented to guests. V Prohibit smoking within 25 feet of entrances, exits, windows that open, and ventilation intakes that serve the enclosed area where smoking is prohibited. • Owners and managers are responsible for enforcing this provision on their property or under their control. If smoking occurs within 25 feet on the property that is not under control of the owner or manager (public sidewalks, for example)then local law enforcement agencies are responsible for enforcement. People passing by or through a public place while on a public sidewalk or public right of way are not considered to have intentionally violated this provision. Suggested Actions The following actions are not required by the new law, but have been shown to be helpful in other cities, counties and states that have adopted similar smoke-free regulations. • Remove smoking paraphernalia such as ashtrays, matches or other items that support or encourage smoking. • Discuss changes with your employees. Talk with them about concerns they may have about their own smoking behavior or how they are expected to deal with customers on the issue. • Communicate the changes to your customers. This can be done through in- person conversations, additional signage and advertising. • Provide information to employees and customers about where they can get help to quit smoking. • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ALWAYS WORKING FOR SAFER AND NATURAL RESOURCES MAIN:360-385 9400 MAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 JEFFERSON COUNTY PUBLIC HEALTH • .4„ 4, 6 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncountypublichealth.org * * * * * * * OFFICIAL NOTICE * * * * * * * January 4, 2006 XXXXXXX XXXXXXX XXXXXXX XXXXXXX Dear XXXX, Jefferson County Public Health is responsible for enforcement of certain components of the revised Clean Indoor Air Act related to indoor public places (RCW 70.160.050). We have received a second complaint that the XXXX may be in violation of the revised Clean Indoor Air Act related to indoor public places (RCW 70.160.050). The law prohibits smoking in all public places and places of employment and within 25 feet of building entrances, exits, windows that open and ventilation intakes. Within the next 30 days we will be conducting random site visits to your establishment to verify 4110 compliance with the Clean Indoor Air Act. Your business can be sanctioned every day that a violation occurs. Repeated violations may result in fines, food service establishment permit suspension and/or court filings. As you may know, 63% of Jefferson County citizens voted for 1-901 which amended the Clean Indoor Air Act. We are confident that the XXXX will come into compliance with the law which prohibits smoking indoors and within 25 feet of building entrances, exits, windows that open, and ventilation intakes. If you need technical assistance in complying with the law, please contact Kellie Ragan, Tobacco Program Coordinator, at 360-385-9446. Sincerely, Jean Baldwin, Director Jefferson County Public Health Enclosures: Clean Indoor Air Act—Frequently Asked Questions • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES RESOURCES MAIN:360-385-9400 ALWAYS WORKING FORA SAFER AND NATURALMAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX: 360-385-9401 2 cj hoz r� , JEFFERSON COUNTY PUBLIC HEALTH • 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncountypublichealth.org December 28, 2005 XXXX XXXX XXXX XXXX To Whom It May Concern: Jefferson County Public Health is responsible for enforcement of certain components of the revised Clean Indoor Air Act related to indoor public places (RCW 70.160.050). The new law prohibits smoking in all public places and places of employment and within 25 feet of building entrances, exits, windows that open and ventilation intakes. We recently received a complaint that your business may be in violation of the law. Our initial emphasis is on employer education. We understand that the new law may require changes to your business practices. Becoming smoke-free requires posting signs and discussing the changes with your employees and customers. We have included the following materials to help you understand and comply with the new law. • A copy of Initiative 901 (Revised Clean Indoor Air Act) • A checklist of what to do to comply with the Clean Indoor Air Act • Complementary no smoking signs for your business • Frequently Asked Questions • A list of resources for tobacco users who want to quit We are confident that all businesses in Jefferson County will successfully make the transition to being smoke-free. In advance, thank you for making Jefferson County a healthy place to live, work and play. Sincerely, Jean Baldwin, Director Jefferson County Public Health Enclosures • COMVELOPMEMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DENTAL DISABILITIES ALWAYS WORKING FOR A SAFER ANIS NATURAL RESOURCES MAIN:360-385-9400 MAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 • Board of HeaCth New Business Agenda Item # 1�I., 1-B Jefferson County • .901 ImpCementation Program January 26, 2006 • • DRAFT- JEFFERSON COUNTY BOARD OF HEALTH ORDINANCE NUMBER 2006-XX JEFFERSON COUNTY CLEAN INDOOR AIR REGULATION JANUARY 19, 200:=; TABLE OF CONTENTS • Sections: XX.XX.010 PURPOSE XX.XX.020 AUTHORITY XX.XX.030 APPLICABILITY XX.XX.040 BOARD OF HEALTH FINDINGS XX.XX.050 EFFECTIVE DATE XX.XX.060 DEFINITIONS XX.XX.070 SMOKING PROHIBITED XX.XX.080 ADMINISTRATION AND ENFORCEMENT XX.XX.090 REBUTTALS XX.XX.100 APPEALS XX.XX.110 SEVERABILITY • • XX.XX.010 -- PURPOSE These clean indoor air regulations are adopted for the purpose of enforcing the Washington Clean Indoor Act, codified at Chapter 70.160 RCW and amended(effective December 8, 2005) by Initiative 901. The legislation enacted through Initiative 901 recognizes the pervasive health hazard of second-hand smoke. These rules are enacted to protect the public health and promote the safety and welfare of the citizens of Jefferson County through the prohibition of smoking in public places and places of employment. These regulations shall apply to all persons and in all territory within the boundaries of Jefferson County, except actions by persons on lands under the jurisdiction of the Federal Government or federally recognized American Indian Tribes. It is expressly the purpose of these rules and regulations to provide for and promote the health of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these rules and regulations. Nothing contained in these rules and regulations is intended to be, nor shall be construed to create or form the basis for any liability on the part of Jefferson County Public Health or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to these rules and regulations to comply with these rules and regulations, or by reason or in consequence of any act or omission in connection with the • implementation or enforcement of these rules and regulations on the part of Jefferson County Public Health or its officers, employees or agents. XX.XX.020—AUTHORITY RCW 70.05.060(1) authorizes local boards of health to "(e)nforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health.". Subsection(3) of this statute further authorizes the local board to "(e)nact such local rules and regulations as are necessary in order to preserve,promote and improve the public health and provide for the enforcement thereof." The Jefferson County Board of Health adopts this ordinance to preserve, promote, and improve the health of Jefferson County residents and to enforce the provisions of RCW 70.16, the Washington State Clean Indoor Air Act assigned to local health departments. XX.XX.030—APPLICABILITY All Jefferson County Public Health permitted places as defined in Section XX.XX.060 of this regulation, are subject to this regulation. All other public places as defined in Section XX.XX.060 are subject to Chapter RCW 70.160 RCW and are subject to enforcement Sections XX.XX.090.1, XX.XX.090.2, XX.XX.090.3, XX.XX.090.4 and XX.XX.090.5 of this regulation. Owners, or in the case of leased or rented space the • lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment by 1)prohibiting smoking in the public place and/or place of employment under their authority and 2) posting signs prohibiting smoking as required by RCW 70.16 . • Any person passing by or through a public place while on a public sidewalk or public right of way while smoking has not intentionally violated this regulation. Any person intentionally violating these regulations by smoking in a public place or place of employment or any person removing, defacing, or destroying a sign required by this regulation will be referred to local law enforcement. XX.XX.040—BOARD OF HEALTH FINDINGS The Jefferson County Board of Health finds that: 1. Extensive medical and scientific research confirms that secondhand smoke is harmful to smokers and nonsmokers alike causing eye, nose and throat irritation, aggravating lung and heart diseases including emphysema and is linked to various types of cancers. 2. Additional scientific research concludes that carbon monoxide levels in rooms and vehicles where smoking occurs often exceeds maximum permissible safety levels and that other hazardous compounds are released into the environment by tobacco smoke including but not limited to: tar, nicotine, nitrogen dioxide, ammonia, benzene, formaldehyde, hydrogen sulfide, hydrogen cyanide, and • arsenic. 3. The Washington State Legislature has recognized the increasing evidence posed by environmental tobacco smoke in the workplace and has therefore enacted the Washington State Clean Indoor Air Act, codified at Chapter 70.160 RCW. 4. The People of Washington State have recognized the increasing evidence posed by environmental tobacco smoke in the workplace and have therefore revised the Washington State Clean Indoor Air Act through Initiative 901, codified at Chapter 70.160 RCW, 5. Chapter 70.160 RCW, as amended by the voters' approval of Initiative 901, became effective on December 8, 2005. 6. It is necessary to create this ordinance in order to comply with the enforcement and rebuttal requirements outlined in Chapter 70.160 RCW, as that statute was amended and revised by Initiative 901. XX.XX.050 --EFFECTIVE DATE The effective date of these regulations is [Month, Date], 2006. • • XX.XX.060 -- DEFINITIONS Terms used in this regulation shall have the meaning provided in Chapter 70.160 RCW, hereby adopted by reference. Certain definitions from Chapter 70.160 RCW are listed here for ease of reference. Complaint is a report, either in writing or by telephone or other means by any person describing a potential violation of these regulations. Non-anonymous complaints will be considered viable when accurate information about the possible violation can be verified by Jefferson County Publci Health staff. Place of employment is any area under the control of a public or private employer in which employees are required to work or pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in section XX.XX.XXX of this regulation, of twenty-five feet(25 feet) from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment for purposes of RCW 70.160 enforcement. IPPresumptively Reasonable Distance is the distance in feet from the entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited by RCW 70.160. Twenty-five feet (25 feet) is defined by statute as the minimum presumptively reasonable distance of separation between a source of tobacco smoke and the entrances, exits, open windows, or ventilation intakes that serve an enclosed area where smoking is prohibited Public place is that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises. Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways,public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception • areas, and no less than seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests. This ordinance is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions • when the facility is open to the public. Secondhand smoke: means a mixture of smoke emitted from burning tobacco products and smoke exhaled by a smoker. Smoke or smoking: means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. Violation: Occurs when a complaint registered by a person to Jefferson County Public Health has been witnessed or observed by Jefferson County Public Health staff Only observed noncompliance will be considered an enforceable violation under these regulations. XX.XX.070 -- SMOKING PROHIBITED Owners, or in the case of leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and shall post signs prohibiting smoking as reguired by statute. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. XX.XX.080-- ADMINISTRATION AND ENFORCEMENT II Jefferson County Public Health shall enforce these regulations regarding the duties of owners or persons in control of public places and places of employment through the following actions: 1. Enforcement Authority The Health Officer shall have the authority to enforce the provisions of these regulations equally on all persons. The Health Officer is also authorized to adopt rules consistent with the provisions of these rules and regulations for the purpose of enforcing and carrying out its provisions. Nothing in these rules and regulations is intended to abridge or alter the rights of action by the state, other entities, the Health Officer or by persons, which exist in equity, common law or other statutes to abate non-compliance with these regulations. If a conflict exists in the interpretation of Chapter 70.160 RCW and these regulations, or in the interpretation of Chapter 70.160 RCW and these regulations, the more stringent regulation shall apply to better protect public health, welfare and safety. • • 2. Right of Entry A. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of these regulations, and other relevant laws and regulations, or whenever the Health Officer has cause to believe that a violation of these regulations has or is being committed,the Health Officer or his/her duly authorized inspector may, in accordance with federal and state law, seek entry of any building, structure, property or portion thereof at reasonable times to inspect the same. B. If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry. 3. Violations A. Violations of these regulations may be addressed through the remedies and penalties provided in this section. B. Each violation of these regulations shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be considered a separate and distinct violation. • C. The Health Officer may investigate alleged or apparent violations of these regulations. Upon request of the Health Officer, the person allegedly or apparently in violation of these regulations shall provide information identifying themselves. 4. Voluntary Correction Whenever the Health Officer determines that violation of these regulation has occurred or is occurring for the first time, he/she shall attempt to secure voluntary correction by sending a warning letter to the person(s) responsible for the alleged violation and, where possible, explaining the violation and requesting correction. A. Warning Letter and Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with Jefferson County Public Health. The Warning Letter will be addressed to the last known owner and/or person in charge and will be educational in content, address the specific violations of these regulations that that may have occurred, and what the duties and responsibilities of the owner are to comply with these regulations. The voluntary correction agreement is a contract between Jefferson County Public Health and the person responsible for the violation in which such person agrees to abate the alleged violation within a accordingspecified ti ht Thunty r • agreement will be in lieudinof theto issuance of fucondrtherons.citationsevolor thearabatement ection of the property pursuant to Chapter 70.160 RCW or Jefferson County Board of Health Ordinance 2006-XX. The voluntary correction agreement shall • include the following: 1. The name and address of the person responsible for the alleged violation; 2. The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring; 3. A description of the alleged violation and a reference to the regulation, which has been violated; 4. The necessary corrective action to be taken, and a date or time by which correction must be completed; 5. An agreement by the person responsible for the alleged violation that Public Health may enter the place and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; 6. An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the Health Officer under these regulations or otherwise, regarding the matter of the alleged violation and/or the required corrective action. • 5. Notice and Order to Correct Violation A. Issuance. Whenever the Health Officer determines that a violation of these regulations has occurred or is occurring for the second time, he/she will issue a written notice and order to correct violation to the owner or person in charge. B. Content. The notice and order to correct violation shall contain: 1. The name and address of the property owner or other persons to whom the notice and order to correct violation is directed; 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; 3. A description of the violation and a reference to that provision of the regulation,which has been violated; 4. A statement of the action required to be taken to correct the violation and a date or time by which correction is to be completed; • • 5. A statement that each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation; and 6. A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction, and/or the assessment of an administrative remedy, and/or, if applicable, the imposition of criminal penalties. C. Service of Order. The notice and order to correct violation shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to correct violations by first class and/or certified mail postage prepaid, return receipt requested, to such person at his/her last known address. D. Extension. Upon written request received prior to the correction date or time, the Health Officer may extend the date set for corrections for good cause. The Health Officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established as a good cause. E. Supplemental Order to Correct Violation. The Health Officer may at any time add to, rescind in part, or otherwise modify a notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to • all notice and order to correct violations procedures contained in these regulations. F. Enforcement of Order. If, after any order is duly issued by the Health Officer, the person to whom such order is directed fails, neglects, or refuses to obey such order, the Health Officer may: a. Utilize any remedy or penalty under Section XX.XX.070 of these regulations; and/or b. Abate the health violation using the procedures of these regulations; and/or c. Pursue any other appropriate remedy at law or equity. 6. Notice of Civil Infraction (Ticket) A. Whenever the Health Officer determines that a violation of these regulations has occurred or is occurring for the third time, he/she will issue a Notice of Civil Infraction (Ticket) to the owner and/or person in charge. Except as provided in Section XX.XX.070, the violation of any provision of these regulations is designated as a civil infraction pursuant to Chapters 70.160 and 7.80 RCW, Civil Infractions. • B. The Health Officer may issue a notice of civil infraction pursuant to Chapter 70.160 RCW and Chapter 7.80 RCW if the Health Officer has reasonable cause to believe that the person has violated any provision of these regulations or has not • corrected the violation as required by a written notice and order to correct violation. Civil infractions shall be issued, heard and determined as described in Chapter 7.80 RCW, and any applicable court rules. 7. Permit Violation, Suspension and Revocation A. Permit Violation. Any violation of a permit requirement issued pursuant to these regulations shall be a violation of these regulations. B. Suspension of Food Service Establishment Permit. The Health Officer may temporarily suspend any permit issued after the fourth violation of these regulations has been documented by the Health Officer. 1. Failure to comply with any notice and order to correct violation issued pursuant to these regulations; 2. Permit suspension shall be carried out through the notice and order to correct violation provisions specified in Section XX.XX.090, and the suspension shall be effective upon service of the notice and order to correct violation upon the owner or person in charge. The holder or operator may appeal such suspension as provided in Section XX.XX.090 of these regulations. C. Revocation of Permits. • 1. The Health Officer may permanently revoke the Food Service Establishment permit after the fifth violation of these regulations has been documented. 2. Such permit revocation shall be carried out through the notice and order to correct violation provisions specified in Section XX.XX.090 and the revocation shall be effective upon service of the notice and order to correct violation upon the holder or operator. The holder or operator may appeal such revocation, as provided in Section XX.XX.090 of these regulations. 3. A permit may be suspended pending its revocation or a hearing relative to revocation pursuant to the provisions of Section XX.XX.090 8. Permit Appeal A. Subject to Appeal. Any denial, suspension or revocation of a Food Service Establishment permit by the Health Officer may be appealed. B. Appellant Defined. The appellant shall be the applicant for a Food Service Establishment who appeals a decision denying, suspending or revoking a food service permit. • Sc. Appeal Procedure. The appeal procedure shall be carried out through the appeals process specified in Section XX.XX.090. 9. Noncompliance Fees A. Pursuant to the most current Public Health fee schedule adopted by the Board of Health, Public Health may assess a noncompliance fee to an owner or person in charge for the following: 1. Jefferson County Public Health oversight and review required as a result of the Health Officer's determination that a owner or person in charge is not in compliance with these regulations and has not met the compliance dates specified in a notice and order to correct violation; or 2. Second and subsequent re-inspections conducted by Jefferson County Public Health in response to the owner or person in charge not complying with the requirements outlined in a notice and order to correct violation. B. Whenever a noncompliance fee is assessed by Jefferson County Public Health, the fee shall be due and payable thirty (30) days after receipt of the invoice by the owner or person in charge. • 10. Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the Health Officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute or will constitute a violation of this ordinance, or rules and regulations adopted under it, or any state health law or regulation, or that otherwise threatens public health. XX.XX.090—REBUTTALS Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five feet is a reasonable minimum distance by making application to the director of the local health jurisdiction in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and,therefore, the public health and safety will be adequately protected by a lesser distance An application for rebutting the Presumptively Reasonable Distance requirement may be • submitted to the Jefferson County Public Health Administrator for consideration. The application must be accompanied by all of following: A. An application fee as established in the most recent Public Health fee schedule approved by Jefferson County Board of Health. B. A written description of the proposed reduction in the separation distance requirement. C. A detailed map showing the specific area to be considered for a reduced separation distance along with the location of all entrances, exits, windows that open, and ventilation intakes within 25 feet of the proposed smoking area. D. A written explanation by the applicant describing why the presumptively reasonable distance of 25 feet cannot be met and why consideration for a reduced separation distance is necessary. E. A written justification from the applicant describing the clear and convincing evidence they have gathered that demonstrates that given the unique circumstances presented by the location of entrances, exits,windows that open, ventilation intakes or other factors, smoke will not infiltrate into the facility. F. A written explanation from the applicant describing how they will monitor the • effectiveness of the reduced distance in keeping smoke from infiltrating into the facility, and what action they will take if smoke is determined to be entering the facility at a future time. The application for reduction in the twenty-five foot requirement applies only to the area addressed in the application and not to the entire structure or any other area near or around the facility. Any approval taken on the application submitted will need to endure a reasonable test of time and if future complaints are received against the facility because of second hand smoke, further inspections may be warranted and possible modification or revocation of the approval may be required. At the time of ownership change or if any structural changes to the building, have occurred an approved rebuttal is null and void and another rebuttal application must be submitted to JCPH for review. XX.XX.100—APPEAL 1. Appeal of Public Health Action—Health Officer Administrative Hearing. Any person aggrieved by the contents of a notice and order to correct violation issued under this regulation, or any enforcement action conducted by Jefferson County • • Public Health under this regulation, may request, in writing, a hearing before the Health Officer or his or her designee. For the purposes of this Chapter, the hearing before the Health Officer(or his or her designee) shall be known as the "administrative hearing." The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of Jefferson County Public Health. Such request shall be presented to the Health Officer within ten(10) business days of the action appealed; except in the case of a suspension of a food service establishment permit, the request for a hearing must be made within five (5) business days. Upon receipt of such request together with hearing fees, the Health Officer shall notify the person of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than five (5) business days, or more than thirty(30) business days from the date the request was received. The Health Officer will issue a decision upholding or reversing Jefferson County Public Health's action. The Health Officer may require additional actions as part of the decision. 2. Appeal of Administrative Hearing. A. Any person aggrieved by the findings, conclusions of law or mandated actions that arise or result from an administrative hearing shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the Health Officer within five (5) business days of the findings, conclusions of law and mandated actions from the • administrative hearing. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer, and which shall be accompanied by a fee as established in the current Public Health fee schedule. The appellant and the Health Officer may submit additional information to the Board of Health for review. B. The notice and order to correct violation shall remain in effect during the appeal. Any person affected by the notice and order to correct violation may make a written request for a stay of the decision to the Health Officer within five (5) business days of the Health Officer's decision. The Health Officer will grant or deny the request within five (5) business days. C. Upon receipt of a timely written notice of appeal together with the hearing fee, the Health Officer shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than five (5) business days or more than thirty (30) business days from the date the appeal was received by the Health Officer. D. Any decision of the Board of Health shall be final and may be reviewed by an action filed in superior court. Any action to review the Board's decision must be filed within thirty(30) business days of the date of the decision. • 3. Right to appeal decision of the Board of Health. A person or entity aggrieved by a decision of the Board of Health, which is • defined to include one or more of the following: 1) findings of fact, 2) conclusions of law or 3) mandated actions that the Board of Health may promulgate or issue with respect to issues of law and fact brought before him or her on appeal from an"administrative hearing"has the right of appeal to Superior Court as described within Chapter 34.05 RCW,the Administrative Procedures Act. XX.XX.110 -- SEVERABILITY Should any paragraph, phrase, sentence or clause of these regulations be declared invalid or unconstitutional for any reason, the remainder of these regulations shall not be affected thereby. • • • APPENDIX A. REFERENCES The following is a list of Federal, State, and local laws, regulations, and documents referenced in Jefferson County Board of Health Ordinance 2006-XX,Secondhand Smoke Enforcement Revised Code of Washington(RCW), Chapters: 70.160, and Rebuttal Procedures • • ADOPTED this day of 2006 • JEFFERSON COUNTY BOARD OF HEALTH Geoff Masci, Chairman Jill Buhler, Member David Sullivan, Vice Chairman Sheila Westerman, Member Roberta Frissell, Member Phil Johnson, Member Pat Rodgers, Member • • • Board of 3-fealth New Business .agenda Item # 'VI., 2 • Pro_posed-yee Schedule For indoor .Air Regulation Enforcement January 26, 2006 • • JEFFERSON COUNTY PUBLIC HEALTH Addition to Existing Jefferson County Public Health Fees ENVIRONMENTAL HEALTH 2006 FEE Additional Fees and Other ,< e Information r '4 0 Compliance Enforcement 65.00 Per Hour Reinspection 65.00 Rebuttal Application 130.00 S • Board-of Health Wow Business .agenda Item # 17I., 3 • Jefferson County Syringe Exchange Program Report 2000-2005 January 26, 2006 • Jefferson County Syringe Exchange Program (SEP) 2000-2005 (FINAL) Summary • Regular clinic hours are Mondays 10:00-12:00 and Thursdays 3:00 to 4:30. Over two-thirds (69%) of the exchanges occur during non-scheduled SEP clinic hours. The SEP saw a drop in utilization in during 2005 (Tables 1 and 2, Graph 1). Risk reduction education, which includes HIV Counseling and Testing, is routinely offered during clinic visits. According to secondary sources, many IDUs continue to be reluctant to do face-to-face exchanges due to concerns about confidentiality. Table 1: Materials Distributed-Jefferson County SEP Prevention Condoms/Latex Educational IDU Referral Syringes Kits 1 Barriers Materials 2 Prevention Information 4 Exchanged Materials 3 2005* 0 20 6 7,611 11 13,716 2004 6 228 48 7,265 11 18,060 2003 38 800 42 1,424 18 9,222 2002 35 427 50 1,026 NA 4,206 2001 9 14 9 3 5 2,076 2000c 15 33 10 11 2 506 °SEP implemented 09/01/2000 *January 1-December 31,2005 Prevention Kits include:tourniquets,cookers,cottons,water,sharps containers,alcohol preps,antibiotic ointment, band aids,educational materials including'Do Not Share and Overdose Prevention'. 2 Educational Materials include: Do Not Share,Overdose Prevention, Health Alerts 3 IDU prevention materials includes:tourniquets,hygiene(toothbrushes/razors),cookers,cottons,water,sharps containers,alcohol preps,antibiotic ointment,band aids, 4 Referrals include Drug Treatment, Health care, Hepatitis Screening, HIV Counseling&Testing,Mental Health. Data Source:SHARE Reporting System,Washington State Department of Health;Jefferson County Public Health Table 2: Clinics Offered-Jefferson County SEP Total Total Total Total Total Total Clients Total clients Total#HIV 410Offered Clinics Attendees a New Returning reporting utilizing tests offered Offered Utilized clients clients° secondary. Incentive through exchange° Program` SEP 2005* 88 35 36 6 30 29 6 0 2004 136 52 64 12 48 45 3 2 2003 119 58 63 9 55 53 N/O N/O 2002 108 33 41 11 29 25 N/O N/O 2001 98 14 16 6 9 5 N/O N/O 2000c 33 13 14 3 7 3 N/O N/O a represents duplicate attendees °SEP implemented 09/01/2000 °2004 Immunization Incentive Program(Hep A&B vaccine)/2005-$20 Gift cards(compliments of JAS)given to people who serve as secondary exchangers N/O=Not Offered Data Source:SHARE Reporting System,Washington State Department of Health;Jefferson County Public Health Graph 1: Syringe Exchange Utilization, 2000-2005, Jefferson County Washington 0 Number of Clinics w ith Attendees* —#--Number of Syringe Exchanged 70 — 63 64 — 21,000 m ai c 60 — — 18,000 co 50 — 13,716 Q 41 — 15,000 x 18,060 c 40 — 35 — 12,000 m rn v 30 — — 9,000 20 — 14 16 9,222 — 6,000 c z 10 — 506 4,206 — 3,000 0 i 2,_0761 I I E I 0 3 2000 2001 2002 2003 2004 2005 z 3 • Board of 3-Cealth New Business Agenda Item # Ti., 4 • Legislative Session Update January 26, 2006 • Governor Christine Gregoire I News Page 1 of 3 Thursday, January 19 • News Releases Office of Governor Christine Gregoire FOR IMMEDIATE RELEASE - January 19, 2005 Contact: Governor's Communications Office, 360-902-4136 Alt Contact: Melinda McCrady, House Democratic Caucus, 360-786-7385; Johan Hellman, Senate Democratic Caucus, 360-786-7333 Gov. Christine Gregoire introduces health-care and prescription drug legislation, postpones Medicaid premiums for children Gov. Christine Gregoire today introduced a package of executive request legislation related to health care and prescription drugs during a news conference in Olympia. Gregoire also directed the Department of Social and Health Services (DSHS) to return to 12- month eligibility review cycles to keep more than 19,000 children on health coverage and postponed collecting monthly premiums from most low-income parents of children whose health care is provided through Medicaid. "As government leaders today, it is imperative that we address the health-care and prescription • drug crisis facing our citizens — from our children to our senior citizens," Gregoire said. "This is a national problem that begs for a national solution; we can't truly solve this problem at the state level, but we can make a difference." Gregoire's executive request legislation for Washington residents include: • Private Participation in Public Employees Benefits Board (PEBB) Programs — This legislation would allow private employers to purchase health insurance benefits for themselves and their employees and families through the programs administered through the state; • Importation of Prescription Drugs from Canadian Wholesalers — This bill will direct the state Board of Pharmacy to submit a waiver request to the federal Food and Drug Administration to authorize the state of Washington to license Canadian prescription drug wholesalers; • Prescription Drug Purchasing Consortium — This bill is intended to help make prescription drugs more affordable and would authorize the Health Care Authority to adopt policies necessary to establish a prescription drug-purchasing consortium. The consortium would build on the evidence-based prescription drug program and its preferred drug list; and • Long-term Care Task Force — This proposal would create a long-term care task force to develop recommendations on public and private mechanisms for financing long-term care, particularly in rural communities, and providing disability prevention interventions • and chronic-care management that can reduce need for long-term care. Joining Gregoire were: http://www.governor.wa.gov/news/news-view.asp?pressRelease=5&newsType=1 1/19/2006 Governor Christine Gregoire I News Page 2 of 3 • Rep. Eileen Cody(D-West Seattle), chair of the House Health Care Committee; • Sen. Karen Keiser (D-Kent), chair of the Senate Health&Long Term Care Committee; • Rep. Shay Schual-Berke (D-Normandy Park); • • Rep. Judy Clibborn (D-Mercer Island); • Rep. Dawn Morrell (D-Puyallup); • Rep. Sherry Appleton (D-Poulsbo); • Rep. Geoff Simpson (D-Covington); • Sen. Linda Evans Parlette (R-Wenatchee); • Doug Shadel, state director for AARP; • Bruce Reeves, president of the Washington State Senior Citizen's Lobby; • Dr. Jeffrey Huebner, co-chair of the Legislative Committee for the Washington Academy of Family Physicians; • Rick Bender, president of the Washington State Labor Council; • Shawn Cantrell, executive director for Washington Citizen Action; • Lonnie Johns-Brown of the Washington Chapter of the National Organization for Women; • Diane Sosne of SEIU Local 1199 Northwest; • David Rolf of SEIU Local 775; and • Kevin Glackin-Coley of Advocacy and Legislative Relations, Children's Alliance. "Health care access and affordability is vital to the well-being of our state," said Rep. Cody. "The rising cost of medical care is the biggest driver of our budget shortfall as well as a major roadblock for small businesses wanting to provide their employees with health insurance. I appreciate the urgency Governor Gregoire is bringing to these issues." "I want to congratulate Governor Gregoire for coming forward with a strong health-care • agenda," said Sen. Keiser. "At a time when nearly everyone in Washington is affected by soaring health-care costs, we need strong leadership on health care. We need to help small businesses that are trying to do the right thing by providing health care for their employees. We need to continue our efforts to make prescription drugs more affordable and we need to make sure kids get coverage. This is a good start on real change." Based on an AARP survey of Washington voters on prescription drugs, 91 percent of Washington voters think it is important for the state to make prescription drugs more affordable. Eight in 10 of all Washington voters support the state creating a prescription drug purchasing pool to negotiate with drug companies for lower drug prices. The survey also found that significant numbers of consumers are being forced to make difficult decisions in the face of mounting prescription drug bills. Twenty-four percent of those consumers surveyed are skipping doses; 16 percent cut back on items such as food, fuel or electricity; 31 percent delay in getting prescriptions filled; and 25 percent don't even fill their prescriptions at all. "As prescription drug costs spiral upward, many consumers are skipping doses, not filling prescriptions and splitting pills to save money," said Shadel. "We cannot allow Washington seniors to gamble with their health because drugs cost too much. Fortunately, there is something we can do." # # # • http://www.governor.wa.gov/news/news-view.asp?pressRelease=5&newsType=1 1/19/2006 • HB 2542 - DIGEST Requires the secretary to: (1) By December 1, 2006, develop a limited set of key performance measures for emergency preparedness and protection from communicable disease . The performance measures must provide a means to assess operations of the department and each local health jurisdiction with respect to providing an adequate and consistent level of statewide protection for the residents of the state in the event of an emergency that threatens public health or an outbreak of communicable disease . (2) Develop a process for assessing the compliance of the department and each local health jurisdiction with the performance measures developed under this act at least biannually; (3) Determine timely and appropriate remedial measures as provided in this act for any local health jurisdiction found not to be in substantial compliance with the performance measures developed under this act; (4) Review spending plans submitted by local health jurisdictions under this act for meeting performance measures developed under this act; and (5) Notify the governor immediately when funds for local health jurisdictions are inadequate for jurisdictions to • maintain substantial compliance with the performance measures developed under this act . Appropriates the sum of twenty million dollars, or as much thereof as may be necessary, for the fiscal year ending June 30 , 2007, from the general fund to the department of health for the purposes of this act . • SB 6366 - DIGEST Declares an intent that adequate pandemic flu preparedness and response plans be developed and implemented by local public health jurisdictions statewide in order to limit the number of illnesses and deaths, preserve the continuity of essential government and other community services, and minimize social disruption and economic loss in the event of an influenza pandemic. Provides that, by January 1, 2007, each local health jurisdiction shall develop a pandemic flu preparedness and response plan, consistent with requirements and standards established by the department and the United States department of health and human services . Requires the department to provide technical assistance and disburse funds as needed to support local health jurisdictions in developing their pandemic flu preparedness and response plans . Appropriates the sum of twenty million dollars, or as much thereof as may be necessary, for the fiscal year ending June 30, 2007, from the general fund to the department of health for the purposes of this act . • • • SENATE BILL REPORT SB 6366 As Reported By Senate Committee On: Health& Long-Term Care, January 18, 2006 Title: An act relating to preparation and response to pandemic influenza. Brief Description: Concerning preparation and response to pandemic influenza. Sponsors: Senators Keiser, Thibaudeau and Kline. Brief History: Committee Activity: Health&Long-Term Care: 1/16/06, 1/18/06 [DP-WM]. SENATE COMMITTEE ON HEALTH & LONG-TERM CARE Majority Report: Do pass and be referred to Committee on Ways & Means. Signed by Senators Keiser, Chair; Thibaudeau, Vice Chair; Franklin, Johnson, Kastama, Kline and Poulsen. Staff: Jonathan Seib (786-7427) Background: Pandemic influenza is a global outbreak of disease that occurs when a new • virus appears in the human population, causes serious illness, and spreads easily from person to person. According to the World Health Organization, the current risk of pandemic is great and is likely to persist. It could emerge with little warning, and lead to substantial human and economic loss. There is concern that Washington State is not sufficiently prepared to respond if a pandemic were to occur. Summary of Bill: By January 1, 2007, each local health jurisdiction in the state must develop a pandemic flu preparedness and response plan consistent with the requirements and standards established by the state Department of Health (DOH) and the United States Department of Health and Human Services. Each plan is to be developed in consultation with appropriate public and private sector partners, and at a minimum must address a list of issues enumerated in the bill, including public education, disease surveillance, vaccination protocols, and strategies to maintain health care and other essential community services. DOH is to provide technical assistance and disburse funds as needed to support local health jurisdictions in developing their plans. Upon receipt of a plan meeting established requirements and standards, DOH will provide a local jurisdiction with additional funds to support the preparedness and response activities identified in the plan. Appropriation: Twenty million dollars. Fiscal Note: Requested on January 15, 2006. Committee/Commission/Task Force Created: No. • Senate Bill Report - 1 - SB 6366 Effective Date: Ninety days after adjournment of session in which bill is passed. Testimony For: Most in local public health are currently struggling to do what this bill would • have them do. We are overdue for a pandemic flu outbreak. Federal funds are not sufficient to move us as far along or as fast as we need to go in terms of preparedness. When a pandemic occurs, every aspect of our lives will be impacted, and we should expect little help from outside the state. Local public health will be our primary means of defense against the disease. The bill addresses one of the core things that needs to be done in order for Washington to become the healthiest state in the nation -- investing in prevention. Washington is currently ranked 44th among the states in terms of per capita public health funding. Testimony Against: None. Testimony Other: We appreciate the fact that this bill was brought forward. We support the call in the bill for consistency with federal guidelines because influenza does not recognize state borders. Thanks also for acknowledging the role of both private and public sector partners in the planning and response process. However,this is not in the Governor's budget. Who Testified: PRO: Rick Mockler, Washington State Association of Local Public Health Officials; Greg Vigdor, Washington Health Foundation. OTHER: Mary Selecky, Secretary of Health. • • Senate Bill Report -2- SB 6366 • HB 3040 - DIGEST Finds that on-going competent operation, monitoring, and maintenance of an on-site sewage disposal system is necessary for the protection of the consumers ' health and the environment, and therefore it is of vital interest to the public . Finds that to protect the public health and conserve and protect the water resources of the state, it is necessary to require the examination and certification of the persons responsible for providing technical maintenance of such systems and to provide for the adoption of rules to carry out this act . Requires the director to adopt rules as necessary for the administration of a system to certify persons who provide, for a fee, operation, monitoring, and maintenance services for on- site sewage disposal systems . The rules must include provisions establishing minimum qualifications and procedures for the certification of on-site sewage system maintenance service providers and criteria for determining the kind and nature of continuing educational requirements for renewal of certification, if any. Authorizes the department to establish different levels of certification for maintenance service providers that • account for varying levels of system complexity or geographical requirements due to soil types or other conditions . Provides that any person violating a provision of this act may be fined up to two hundred fifty dollars per day. Directs the department to adopt rules for carrying out the provisions of this act in accordance with chapter 34 . 05 RCW. Requires that the department shall develop the rules required to implement this act with the advice of a committee composed of members from agencies, professions, organizations, and individuals having knowledge and interest in on-site sewage system operation, monitoring, and maintenance. • • Board of 3-fealth New Business ,agenda Item # 5 • Influenza Season 'Update January 26, 2006 • Print I CDC - Influenza(Flu) I CDC Health Alert: CDC Recommends against the Use of... Page 1 of 2 f • C,"" 1111,/ °% `y - - INFLUENZA (FLU) sAt+'en.scAcirmitte.Pro*LC CDC HEALTH ALERT CDC Recommends against the Use of Amantadine and Rimantadine for the Treatment or Prophylaxis of Influenza in the United States during the 2005- 06 Influenza Season Recent evidence indicates that a high proportion of currently circulating Influenza A viruses in this country are resistant to these medications Distributed via Health Alert Network January 14,2006, 3:25 PM EST While the primary strategy for preventing complications of influenza infections is annual vaccination, antiviral medications with activity against influenza viruses can be effective for the prophylaxis and treatment of influenza.Two classes of antivirals are currently available—the M2 ion channel inhibitors (i.e.,the two adamantanes amantadine and rimantadine) and the neuraminidase inhibitors(i.e.,oseltamivir and zanamivir).The neuraminidase inhibitors are effective for the treatment and prophylaxis of influenza A and B,while the adamantanes are only active against influenza A viruses.This alert provides new information about the resistance of influenza viruses currently circulating in the United States to the 1111 adamantanes, and it makes an interim recommendation that these drugs not be used during the 2005-06 influenza season.Amantadine is also used to treat the symptoms of Parkinson's disease, and should continue to be used for this indication. Viral resistance to adamantanes can emerge rapidly during treatment because a single point mutation at amino acid positions 26,27, 30, 31,or 34 of the M2 protein can confer cross-resistance to both amantadine and rimantadine.The transmissibility of adamantane-resistant viruses is not impaired by any of these amino acid changes.A recent report on the global prevalence of adamantane-resistant influenza viruses showed a significant increase(from 1.9%to 12.3%) in drug resistance over the past 3 years. In the United States,the frequency of drug resistance increased from 1.9% in 2004 to 14.5% during the first 6 months of the 2004-05 influenza season. For the 2005-06 season, 120 influenza A(H3N2)viruses isolated from patients in 23 states have been tested at CDC through January 12, 2006; 109 of the isolates(91%)contain an amino acid change at position 31 of the M2 protein, which confers resistance to amantadine and rimantadine.Three influenza A(H1N1)viruses have been tested and demonstrated susceptibility to these drugs.All influenza viruses from the United States that have been screened for antiviral resistance at CDC have demonstrated susceptibility to the neuraminidase inhibitors. On the basis of available antiviral testing results, CDC is providing an interim recommendation that neither amantadine nor rimantadine be used for the treatment or prophylaxis of influenza A in the United States for the remainder of the 2005-06 influenza season. During this period,oseltamivir or zanamivir should be selected if an antiviral medication is used for the treatment and prophylaxis of influenza.Testing of influenza isolates for resistance to antivirals will continue throughout the 2005-06 influenza season, and recommendations will be updated as needed.Annual influenza vaccination remains the primary means of preventing morbidity and mortality associated with influenza. Additional information about the prevention and control of influenza is available at www.cdc.gov/flu.Specific information regarding the use of the neuraminidase inhibitors is available at www.cdc.gov/flu/orotect/antiviral.These websites will be updated as new information becomes available. Categories of Health Alert messages: • Health Alert conveys the highest level of importance;warrants immediate action or attention. Health Advisory provides important information for a specific incident or situation; may not require immediate action. Health Update provides updated information regarding an incident or situation; unlikely to require immediate action. http://www.bt.cdc.gov/scripts/emailprint/print.asp 1/19/2006 Print I CDC - Influenza(Flu) I CDC Health Alert: CDC Recommends against the Use of... Page 2 of 2 ##This Message was distributed to State and Local Health Officers, Public Information Officers, Epidemiologists,State Laboratory Directors,Weapons of Mass Destruction Coordinators and HAN Coordinators, as well as Public Health Associations and Clinician organizations## Page last modified January 14,2006 Page found at http://www.cdc.gov/flu/han011406.htm DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION SAFER«N EA .TH I ER PEOPLE'' • • http://www.bt.cdc.gov/scripts/emailprint/print.asp 1/19/2006 • Board of 3-{ealth .Media Report • January 26, 2006 • • Jefferson County Health and Human Services December 2005 — January 2006 NEWS ARTICLES 1. "Judge slaps $20,000 threat on security camp", PDN, 12/11/05 2. "County budget includes Tri-Area sewer study", PT Leader, 12/14/05 3. "Environment-friendly businesses receive a big thumbs up",PT Leader, 12/14/05 4. "Smoke-free workplace assistance available", PT Leader, 12/14/05 5. "PT beaches OK for swimming, tests find", PDN, 12/14/05 6. "Survey finds Hood Canal in troubled waters", PDN, 12/20/05 7. "Jefferson Oks $43.8 million spending plan", PDN, 12/20/05 • 8. "No swimmer's itch in 2005", PT Leader, 12/21/05 9. "Mosquito monitoring suspended until spring", PT Leader, 12/21/05 10. "It's not too late to get ready", PDN, 12/21/05 11. "Private clubs find new ban too smoky", PDN, 12/25/05 12. "Jefferson officials set meetings", PDN, 1/8/06 13. "Bird flu may be less deadly",PDN, 1/10/06 14. "Meet county environmental health staff", PT Leader, 1/11/06 15. "County offices back at Castle Hill", PT Leader, 1/11/06; PDN, 1/12/06 16. "Striking the right balance", PDN, 1/11/06 17. "Cash-strapped budget topic at county retreat", PDN, 1/13/06 18. "Waterfront septics to be checked", PT Leader, 1/18/06 • cd,C O • CO a)4Q4,-' >, �t,..', E Ic ° u T� o„ o FCa) . y ° e o 8 0 E N o• $ ass 3 a 0 d ^ 3 a a d.coz c a PENINSULA DAILY'NEWS 8 � E � o � � c3 • a-o o t) .4 ri.1 u . �� A.[ E CI . 75.5.r.4 �" a. Guns: Training 0 w d r z °A> 3 q CONTINUED FROM Al.8 o a ~• ffi ° "It's not -0 .E -4 o h)• '8'E`j ' D'Amico testified that each the full CAT -, l 0-A 8 S - ° aw trainee discharged up to 500 program , ,i ' k- .y A 3 a o rounds of ammunition on the said Devlin. °No �. o property that bounds much of 7 "It's basic Ia ' �,$ ,� a g •� Discovery Bay's western ' training for '° o' o d' y S cn a.� shoreline in Gardiner. :" `; replacement a 3 $ 5 °o 0.1:: The training took place employees." ° �� Johnsen • r, d during two periods between ca > o ."O Oct. 5 and Nov. 16, D'Amico argued that O cna o�> N a c° testified. D'Amico thousands of • �i iu 0.�)'0 9.a .0.o as v Counterassault training rounds were ' a o E 3 o o E. c b ca 9 was one of activities listed fired during the two training °'E y b - [ in the of then periods, above the normal 30 preliminary injunction Milla order Verser signed Oct. 17, rounds needed to be certified. o 8:�,.8 ° t.,-. .4, The employees were beingDevlin countered that more 8 'E'.� 4 . .5 trained for deployment roundsecerwere fierired inpe because t- o p yment in Mis- �- `" E be certified, a certain percent- ,el% - a ti A o �. pi to serve in the Hurri- cane age of the 30 rounds must hit i.a.n' cn o• a o.b oo Katrina relief effort, MF E•� 8. , a target. That requires sail .S °.`"..-0 q 3 .E Devlin told the court on Fri- tional practice if a trainee fails ma pt ~o: °'G ° °' day. to make the needed percent- 0.4_, ▪ �, �& ,s E.., u) E 8 What Mr.D'Amico told me age,he said. c c 0 y r0 a-a �'.a°.n left me flabbergasted," said 0 8:_ .c14).-.--..2 .. T_, Xi Devlin said Johnsen's pro- cA 41.1 v.1 8 $ > P.u Johnsen, arguing that posed order "is asking you �.E.a o m ° $ c o con- trary to Services 's order, Secu- rity that all activities be shut 5 �, N t...0 ° ° trained new down, and that is punitive. O iu o-�c w •8 8o 11, , hires that were hired for new That is an absolute death blow ">'1 9'' a)v a o :°...f.,- a'' jobs." to this business." O -8., C 0 -a Johnson.asked Verser to ,.. o 2 ,F a a Kn take a "coercive measure to Johnsen, however, said, "If w u 3 $ 8 E Z a �:,c there is no order here, they'll prevent him from doingthis." O be back r said training." He also asked that D'Amico �' � r.5 � � �,-° Verser said when he last i• 5 .4 w ' x be advised that"further viola- spoke to D'Amico, he under- g �; m tions be met with criminal stood that between 10 and 20 S a i :.,,0 ▪°' , contempt." employees would be trained at 0 8 a -103r, 0 . :1 I'm asking for you to stop a time. N o E w o 8 2 > him from violating the law. "It's not going to happen a T 6 -o a a c 3_ The community at least anymore,"Verser said. 8 a §i c deserves that,"said Johnsen. I didn't intend to train up tee >,.„..g -a cq oi 50 a 0 , County's motion opposed to 40 employees. o > ow. v 8° > Opposing the county's Summations delivered $v, y d o 6j' motion, 'Security Services .Meanwhile, written sum- [ . A y a�: +� attorney Devlin said the only mations of arguments from CL ..5 ..... r, 0 „, ,,, 00• - training that took place was attorneys for the county and 1732 a m x - U >,, > between Oct. 25-30 and Nov. Security Services were deliv- y i ,. S E ao o'33 o 10-12. ered Friday to Berteig. CU . Devlinsaid that the coun- After the Superior Court ,i\ �y terassault training was no hearing Friday,Johnsen said a cn ld i 1 more than certification of decision from Be`rteig was 00 . o employees in basic shooting expected to be extended for ▪ a ° skills. three weeks because the hear- "The ti 4_, •c o claim that SSNW vio- ing was held over three days. 1 w\ _ $. lated your order,your honor,is That would mean a decision rks W Q� q , a " c demonstratively false," said could be rendered in mid-Jan- ICU) 0 Q.) i c4 U° eo 3• Devlin. uary. Q� z a - With only one formal noise Berteig heard testimony in • C O O .r2 g z complaint registered during November regarding Security r—', U O y the training periods, Devlin Services' appeal of the +-' Ura F 8: said there was no "extensive" county's stop work order. The N C ^" w 0 �T iu _a, counterassault training and order, in effect, shut down all N Q z O c no"massive"firing of guns,as but D'Amico's security guard lin riq Q.) N u r w0-, p7 $ .>, the county contends. and guard dog business. (/) CC'S OC a. C..)-o'G a. ' d ;a C c Com. T 6) E `o r) O h 'n O ¢ .d y ,C :8 'C 1 pp y O M 0 V, FE U p y 3O ,d N � ' N3vGi. - " . " G E 'ar, gyoZ' N - 4N Q8- O 0 .y . E 2 4-' 44 N N� 0a 0 "° .6° ° •.tiO o 2 T r V2 L, .2. 5' o 4 3 Q v 3 Nou °: o ° 0o E .s g .g $ oCo + • aa7 r 8 .5 w 2 `~ .5 vG ' 8,2 8 d w at'.hr Oa., > OOCw wGOL`5 > 'S y OD G O pp .D • O 8 8 W ' p N _ 0 ,9E g >> d U .D .61 U ` c9Ir 8CgoY8 ?.E - of g l .25 .G u o .oA la Z.^.4 >, ..r w • � p G'v >, , � `. Wigo g � � .. oo .y � a� 9 o. D �v � 0F0y Esal -'' g .49 ..g, 1 "b -2 i g. k g. 6 .,) ' 1's 8 4,a a..E = � E � ba. b v �5 b z o .-.'4 1,,A -.§. 8 Es,, .g .s ,g ct g a T • i, 0 v g -A '0 lg I-" =4 .-..1 . 0 -0 :il • 5 N O G .y .4 > p .� t" QN N y0O ~ .� oF -5 � 1 a T.s .d .0 8 O , W • $ 0M a U0 G .G N O . 0 �p..-4 $ O d a > h . p- G O4p b5 dw psp .\ 0.• aoNOQg . pd . O 80 a. E . 5 'J y O 's 9 >>'t 8 1 p-" " 8 ,42814; 8 • / ( A ca U O. 6�9 w 'Ti N b 1...5 -a t) 'G `.]". 6 H ;:' in/ E• w > o t .3 •�O Efgy1.5 d p o • 5'i :.5 u �i� c E • to dpx °x' 3 0 g . ,... 2 .2) lia \VcEi R . ° •nJ� Nog � ''Sc ¢ • v5 4 .S" .E E4'� E n h Jvi 69.4 p t O ' N V y m uUaUwOD � � SS p .2D2 � N[ ww °A 03 os Et f,> p 5 ani > 0 $ a o to > B „ v c u t c':,' U .n >,'0 3 a, ti 0 3 0 ''i • E 4)•3 , s3 a , ,b2 2 g a ED E 6 � Jt •c fi '^ U -30rO X y l ..1- 4., pd OG O ', 00 0g • �, c .yg 4 •oo . 0Eoo� 2 .20-.1'..� w � oo ^ n r . . 2 go . ' ni_. -, .4'te _1 $ i` ,et .tvmv9oy A '8 3 . • Briefs Environment-friendly businesses receive 6 big thumbs up About 80 percent of 100 Jefferson County 'residents surveyed by tele- phone earlier this year said they pre- fer purchasing products and services from environmentally conscious businesses. The survey was conducted by EnviroStars, a regional program that certifies businesses for their efforts in preventing pollution and reducing h 7. rdous waste. The program start- ed in King County in 1995 and has expanded to other counties around the Puget Sound region. . The EnviroStars program seeks to give businesses incentives and recognition for reducing hazardous waste while offering consumers an objective way to identify environ- Mentally sound businesses. Through the EnviroStars program, seven Jefferson County businesses and organizations have been given a rating of four or more stars. ' Learn more about the program at www.envirostars.org/jefferson. asp, or .call the Jefferson County Environmental Health Department at 385-9444. • Smoke-free workplace assistance available • Businesses that want help in complying with Washington's new smoke-free workplace law can get • help from the state Department of Health website. To help inform people about the new law and make the transition to being smoke-free easier for busi- nesses, the department sent packets to bars and restaurants that include ' io•smalciriestigns,,..#•.`sinolcfme” , . • window stickeyis_and printed inatee als explainiiirtieuffew law. The department,will also begin airing radio ads next week to further inform the public. To get help online, visit www. secondhandsmokesyou.com. Information is also available from the Jefferson County Tobacco Prevention program by contacting 385-9446 or tobaccoinfo@jefferson- countypublichealth.org. ?r-r-Lta4204'- • • C , ..*"4..4 ,7i,4. .''''- ' .--,-, U ,,,f,,',11-el r. Z O E u t, C O�"� v W N ° ° ° OE 41 E41 ❑ ,i, ° 4 ° > OCU a " c... O y,, N W J O~ u O rg !-S01•1 o u cy.° y 4 to ,-!-- al° .rca E'' G, a e ,-5-'6,' „,,, 8 Z A',2, E" g, ° c cs_^ GN gab ° - ° ,� -,_„1-,, 3 ti) • ro� E , 84� E Water: Monitored . . . ,7, - 0_ ,IIIIIMIi c'ci,E 3 -c E?, . d-it m 3 c, ,_. -:03' �b S'clN 0". CONTINUED FROM Al Jefferson County beach mom - McNickle z o N McNickle said in Southern toring. Eceb ° y ° � ° $ ° g °.5 0 0 iw ,L y a'w -cc; California about three or four The program lasts until ° E 0` '`''g ° 6' g years ago, surfers began get next summer unless Congress extends�° 0 ° ting sick from repeated expo- extends it, said McNickle. mom ca ° '.. 3 y .° He plans to test at least two sure to bacteria found in III water. other Jefferson beaches next 0 n N 2 The Surfrider Foundation summer — yet to be deter- began to champion the cause mined — and said the ones ° 3 cY v E g'N x•g o to lobby Congress for grant used more frequently have pri- Eo ati' 3 0 t; money to test marine water at ority. i a c o y' a d S 43 Q.a public beaches. McNickle's vision for the c 3 [ ,� The BEACH Program pro- program is not limited to O y 8 g vides money to the Environ- marine water. >,o a 3 ,„a-'S.C: 0 mental Protection Agency, "What I hoping for is o v c a a o i. ,fci 8 which in turn funnels money that the BEACH Program is I a P;'5 `g(J) o °1- to the state Department of extended to fresh water and 0 0 E C73 a ., 4-.5 0 Ecology. not just marine water, since McNickle contacted Ecol- lakes and rivers carry the ° a. ° Toogy last year to request the same risks," he said. 0 ccs as i3 ovaja� oro ca E a 2c a — 7 aO- c[n,- cc ucl O• O u2- �W0 a IC S I .n"" " z>aE v ca E�1' 7C/D E Fa .91.S a Cgtwav v zo� ° ° ° ° AW ° ^ oEx3E 1111, .4 gs-2 EA' ` "..'"' ot , - Nw0EA pm UA I" 3 E c � y4 �� Q y ia ‹• 5 c4 , EzedcW I Oc m U .,y °v°2 rs'4 -. ° >Uroc "a ma ° ro °s° l�_ �.� x � q�0° �oo3 �o . o 0coa Lo Q v � g 5.m "x03ao-.a ` o d '14RW] t.bo �� 0 fa " •U w c 7 m U•a' V a� S a r ,t-13 m q °; c IS.tim 0 C4 0 g 3 F•on° H .- 0m4•0 m� >. In o E 53 ° .@"� 4) o EzsFA 0 6 �`3 U bi)0c� 0 r� op4 0 -1 6."-.8.1)--, o. • •5 O 1Di Jul 3Ea. y•od 4 $ o pg0� i 3 w\ •� a o a s as 0 C? >, W I, ,n3o 4y:b� 0 $ 6-4 -a to..5 q b="'v y 3 g.. ocy a° a o ,x a o00 g, p.b �, " �o 4.E„ � a) 4:2 (° a —5n. -. E o i, ° O U 8 0 yaq" yOd 44 >,2cvywt21-A8"H y -d a4. o w° .� 3 cd w in m y C/1 0 �'0 cd 0 +i CO b ^ IuL - 'l a 0 8a a a a3> o ..s.- Cl) wE o b F " . .0 o a , D 0”' El O F 0 Q, ,-'-a ca. .� o 6 o cao " tO ,.�za0 0644a " ow o � -0a"s>,` a. 3 0 z oW -o w 48 a a" i o0 0 >1 > a o a) 0. .1) �. ymo43 es 03 0 � 4 Z °4 ti) o ax6da � oa '0'r6 te ov3 . O � a --a .. ao wo sa,a 0aUo o 6 b 0,0 o d" w o ' a' T1Q0oq� 140.„- 8y� bX4-00 ca 0 a ? o 61ca. Oy CtS 1 U >, 4" � y �.4 U 0 .. .x ° 3Anzw Zi . .a a a' a -...1 m"4 U N 3 N V °'4„ Mq U �" 0 Cm) -0 It. cn U2-. 10 W 8.e)'".....,4) 0 .S:-4 E a 3 0 CD.0 &o x•° m b a c o o d 6 ■ ■ •q y " G ai c 0 a6- °C id o Q. a s .0 • F � y aS � +�, d v 1� 4 d a 30 0 4 Z W bp-r1 °l ea 41 z 641 44 w abp) T, 401 � � 3 19,,-2 ° e" W aoa� o � � -0 3 a O 3 . a4 $ o`" da3 U o 3 a� 1 d °' k y. a a m Ilt 8 > 4a) 0 a� o m > 0icy. �j ay� 4' rn Z-.') a'? a�.° sHfl ; X al E0' d y..v_;a.NceN-Na' 8w03 •J� • q C y-4 d1 a'x 0 W N co '°I 2 •— 0A 0 a m8 > °I-2 a) 1..c0V5opo.4 aim OD O • 3 e 0 m a E"• aa, 8 (1.) d °z o....gi T.a .a o 6ta,0 � a�g v °V g -D q8d ,C o as I ME '. -1 o oV 0 g 8 aaic �� 3 p�x > 08 as c wx op " � " a Ox ewG 3 : 0 .,•0 CD 0,b C m U 0 O N a a z 0 i F y.b. 4."_, O+'w-6,� W U � O 3 m,., 6 ,t*-. w •.-c F U ".o c1 o.5 m n a. • O.i .. • a. O4 d1 N tQ COr O 4 Budget: Jefferson G ont'l 4 �' a This type of tax allows .4 , PI CONTINUED FROM Al YP V0, 2. 2A Although the cap is in Internet-based sales to be taxed just like regular sales, ko place,the budgets of the funds providing more tax money to I� a) 8 ,nI • in which the property taxes go the state and counties,he said., liti -, N a ., will increase by more than 1 He also said a mineral $ g �v 8. percent because new construe- extraction tax could be a likely o o „ tion is included, Westerman alternative, where gravel & said. taken from Jefferson County i a „ b w The general fund is bud- to be used elsewhere is taxed. -a . A § 3 5 geted at $5.68 million, which "The county should get 'ZI.F a is a 4.86 increase from last some money for that," Sulli- ZSS $ year's $6.416 million general van said. N (0) fund budget. The additional 3,$ .percent TYI_Area growth c a: increase above the 1'percent Za d y cap comes from new construe- But Sullivan is most hope- >, •4 o tion, previously untaxed con- ful,he said,that the Tri-Area ?+' 8 C a struction. urban growth area could pro- O o a °�!'gg "We've picked up signifi- vide more economic activity in co S w B a �, cantly.more new construction Jefferson County, thus C NM 0 w >>a. from previous years," said increasing tax revenues. N) (♦ S.o w o • Westerman. When Commissioner Phil _ a do d w o , The conservation futures Johnson, D-Port Townsend, �_E o' .5, o o.o 5 and road funds have increased was asked what he was hope- a = goo-o'. in similar fashions: $177,275 ful about with the budget, he III �, 1 °' r this year over last year's said with a sigh:"Hopeful? d S u•g $170,000, and $3.211 million "It's been a huge amount of V 3 3 Y E o this year from last year's work and a huge disappoint- co >; r . a lop $3.069 million,respectively. ment...compromise,compro- 0 = c° rn = .�O mise, compromise," Johnson i ; ii c Assessments still to come said. p d ■ He added that he was glad The actual property tax that $35,000 was kept in the 4C-1./4". M .� ,c o rate that owners will pay will p d not be known until all proper- budget for youth recreation, . 1111 0 ' b x'4 " ties have been assessed,which which was not an obligation. "C; `"• o o' 2 >x "I consider it basicallya N a � � � will not occur for several o �, months,Westerman said. part of law and justice,"John- o 8 c o 3 ZS a al realizeeisim importantthingog up sonChildren's recreation is d. 3 8 o rn c °No° a II, more than 1 perce ,"goingaid especially important in this O ' o County Commissioner David area that is rampant with I— o 1 o a� y o w•° Sullivan,D-Cape George. drug use,he said. ./.• .g�, a o o l V.o "The 1 percent limit does- "Anything to give the kids a O h 13 a w •0 °o� E n't keep you at the same ser- g�direction,"he added. o n 8 g 0-‹4 a, vice rate. That's a fundamen- The commissioners said d p .- ��a y� o tal flaw in relying on property they are planning to get ly as possible to E 4 o a 8 a- a a o tax'Ourto utaxing sd ystem in this begin planas s for the 2007 bud- .a. :°.4 o c3 C) state has not kept up with the get, because they are antici- times." pating similar — if not wore- O ; Sullivan offered a stream- ened—funding issues. S a, a lined sales tax as an alterna- They have scheduled a Jan. (1) w cp C ` S tive to a budget based on the 12 retreat to begin a strategy o r . o co,.S property tax. for the next budget. a. 00CV^ cn ~ 0 • gas h 1311) E � Ca 5 SoI8 " CO• t E -gI46"5 .1x > �,b� g ("oma 0 q 0 "- d oLr) Oci b�'G > 1�