HomeMy WebLinkAboutM071510JEFFERSON COUNTY BOARD OF HEALTH
MINUTES
Thursday, July 15, 2010 2:30 PM — 4:30 PM
Public Health Conference Room, 615 Sheridan Street, Port Townsend
Board Members Staff Members
Phil Johnson, County Commissioner District #1 Thomas Locke, MD, Health Officer
David Sullivan, County Commissioner, District #2 Jean Baldwin, Public Health Services Director
John Austin, County Commissioner, District #3 Julia Danskin, Nursing Services Director
Kristen Nelson, Vice Chair, Port Townsend City Council
Sheila Westerman, Citizen at large (City)
Chuck Russell, Chair, Hospital Commissioner, District #2
Roberta Frissell, Citizen at large (County)
Chair Chuck Russell called the meeting of the Jefferson County Board of Health to order
at 2:37 PM. A quorum was present.
Members Present: John Austin, Roberta Frissell, Chuck Russell, David Sullivan
Members Excused: Phil Johnson, Kristen Nelson, Sheila Westerman
Staff Present: Dr. Thomas Locke, Jean Baldwin, Julia Danskin
Guests: Frances Joswick, SAAB; David Alvarez, Deputy Prosecuting Attorney
APPROVAL OF AGENDA
Member Austin requested the addition of an item under New Business: action and
correspondence concerning removal of an SAAB Board member. The agenda was
approved unanimously, as amended.
APPROVAL OF MINUTES
Member Austin pointed out a spelling correction on page 3 for the name, Davis
Steelquist. Member Austin moved for approval of the June 10, 2010 BOH meeting
minutes, as amended; Member Sullivan seconded. The minutes of June 10, 2010
were approved unanimously, as amended.
PUBLIC COMMENTS - None
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OLD BUSINESS and INFORMATIONAL ITEMS
Correspondence from EH Directors and Puget Sound Partnership
Jean Baldwin referred to correspondence in the packet, noting the receipt of an additional
letter received earlier in the day from the Director of the State Department of Ecology
(DOE). She explained that the Washington State Environmental Health Directors had
approached Puget Sound Partnership about continuation of the Shore Banks Loan
program for septic repair. Mr. David Dicks' response is included in the materials. He
urged the EH Directors to speak with DOE. Basically, although all are nominally in
favor of the idea, there has been no commitment or action on this. She said that the first
Shore Bank program had arisen from private foundations and Ecology grants; the next
funding will come from Puget Sound Partnership and possibly other sources. Ms.
Baldwin noted that the public - private program must be funded to manage 15 to 30 -year
loans. She mentioned the possibility that this will become a national program.
State Furloughs (DOH, DSHS)
Jean Baldwin reviewed this informational item regarding the schedule for temporary
closures (one lay off day per month) of State Offices in accordance with ESSB 6503,
which is intended to reduce spending by an estimated $70,000,000. The packet contains
two examples of communications announcing this measure.
Health and Human Services Programs in Washington Counties
Ms. Baldwin presented another informational item, a matrix showing those Washington
Counties that have Health and Human Services combined in some form. For each
county, its population and organization of services in indicated. Jefferson County Public
Health is the only entity that has some Chemical Dependency services ("prevention
contracts with DSHS for substance abuse and review of private housing contracts"), but
not all. Counties not included in the matrix are those with separate Public Health and
Human Services departments.
Packet given to City of Port Townsend June 21 Presentation
Jean Baldwin referred to the copy of the Regional Service Agreement on Public Health
and Animal Services between Jefferson County and the City of Port Townsend. The
agreement/document is up for renewal; it expires in December, 2010. She noted the
importance of allowing adequate time for renewal of terms and for the County services to
be re -included in the City budget, after an inadvertent lapse. Julia Danskin reported that
the City has initiated a process whereby private non -profits and other agencies apply for
City funds, but assumes a different process is appropriate for County/City service
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contracts. Jean Baldwin said that Member Nelson, in anticipation of her absence, had
asked Jean to convey to the Board: 1. two pending liquor excise tax initiatives would
drop the liquor excise tax income for the City and County; and 2. expression of gratitude
to Julia Danskin and her team for their excellent presentation on substance abuse to City
Council. Ms. Nelson had noted that the City Council now understands how their funds
are being applied.
Julia Danskin then briefly reviewed the packet materials and content of the City Council
presentation. She noted the challenge of providing meaningful annual reports for
programs and goals of long term impact. She pointed out the item entitled: JCPH —
Substance Abuse Prevention Program and Funding, Overview Flow Chart, June 21, 2010.
She noted that there had been a question from City Council about the Hospital's role.
She and other presenters had explained Chuck Russell's membership on the BOH, and
the Hospital's collaboration with the County on Tobacco Prevention. She said such
revisions would be made for future versions of the Flow Chart.
NEW BUSINESS
Olympic Regional Tribal -Public Health Mutual Assistance Agreement — Board of
Health Roles and Responsibilities
David Alvarez, Deputy Prosecuting Attorney, was present for this agenda item. Dr.
Locke referred to the copy of the Agreement between three counties and seven Tribes,
which is the first such agreement in the nation. He said it provides a structure for
offering mutual assistance in emergency conditions or in certain non -emergency
situations where one or more jurisdictions need help. He noted that this will be used for
the first time beginning in the following week, when Clallam County sends two
environmental health specialists and one public health nurse to Neah Bay for the Tribal
Journeys, where an additional 7,000 - 9,000 people are expected to gather for the events.
The agreement was passed in the fall of 2009 as an inter -governmental agreement, under
the legislative authority of the respective Counties/Health Districts and Tribal
governments. Following adoption, a detailed Operational Plan has been in development
for a number of months and is near completion. As part of that process, a meeting was
held in June to address legal issues; it was attended by attorneys from Jefferson, Clallam
and Kitsap counties and legal advisors for the Suquamish and Jamestown S'Klallam
Tribes. One of the chief issues, command and control (page 5 and 6 of the Agreement),
was considered; i.e. when a local health department is called in for a local emergency,
whose laws apply? Dr. Locke noted that Washington State has detailed laws and
protocols, while the Makah Nation has none. The agreement provides for two options: 1.
the Makah Tribal Council would agree that under certain circumstances, Washington law
would apply within their district for a specified period and for certain conditions; 2. if the
Makah had their own public health code and protocols, then those would be enforced.
The latter is the targeted future direction, particularly with regard to food safety. In
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option #1, there is intermingling of BOH authority as well as Health Officer authority.
The authority to take police actions, such as quarantine people, close restaurants, etc.
flows from the State legislature through state and local Boards of Health to Health
Officers and their designees. Dr. Locke said that the Kitsap attorney, Alan Miles, had
drafted a resolution for discussion: By resolution, the Board of Health would delegate the
Health Officer to make a decision in an emergency regarding Tribal jurisdiction, and the
BOH would subsequently affirm or not affirm that decision. The BOH would receive
status reports on the situation; it would hold the ultimate authority.
There was a brief discussion about the current lack of structure and authority for the
County to assist or intervene in emergencies, such as in the event of a contagious
outbreak on a tribal reservation bordered by State lands and communities. Dr. Locke
noted that originally the federal public health authority would have filled that role, but
that federal involvement except in felony level instances has greatly diminished over
time. Furthermore, there are insufficient public health resources available to assume that
role at the federal level. Dr. Locke cited examples of how these situations have been
dealt with in the past.
[Recorder's Note: The following was partially inaudible and should be reviewed by
David Alvarez:]
Mr. Alvarez also spoke about jurisdictional authority and granting of authority. A "grant
of authority" from the governing Tribal Council would mean that whatever authority is
carried as/by a local health officer, that same authority could be used on the reservation.
He described several items from the June 21 meeting. He mentioned a list of specific
non-native local health code regulations that the Tribe would invoke as applicable to its
persons or its facilities. The _ of its due process rights and appeal and notice that
would probably be parallel tracks between a tribal and non -tribal persons. There would be
a request of the local health jurisdiction to observe cultural differences. There would be a
start date and end date. There would be a list of designated tribal representatives as
contacts. There would be an option for a delegation of authority from the Tribal
Governing Body to their Executive Director. They may also cross deputize LHO (Local
Health Officer) and his/her designees and statements about their authority if they had to
appear in tribal court.
Mr. Alvarez said that he would also prefer to see an agreement that the Tribal Council
would publicize the terms of any emergency agreement or grant of authority throughout
the tribal jurisdiction in order to prepare their members and promote cooperation.
He noted that the due process to be followed could be different for tribal versus non -tribal
members, as for example in a quarantine situation. There may be different appeal rights;
different notice and different notice rights. In addition, a situation may likely arise on a
holiday or time when the BOH can't easily convene. He listed policy issues for the BOH
to consider: 1. Does the County BOH need to ratify the LHO's decision to accept the
Grant of Authority, and if so, how soon? Does the County BOH want regular status
reports, and if so how often? Does the County BOH retain the right to rescind the
acceptance of the Grant of Authority? Dr. Locke and Mr. Alvarez had been asked to
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obtain a comment or policy decision on the three items from the BOH by July 20 and
bring them back to the facilitator of this process, Susan Ferguson.
Member Russell requested and received clarification about the ad-hoc, specific
situational and temporary nature of a grant of authority. There was also discussion about
insurance, and involvement of the Office and School authorities. [Note: This
was largely inaudible.] Mr. Alvarez noted the complexity of this type of agreement. In
response to a question about initiation, Dr. Locke noted that the details of who is
authorized to make a request and who may respond are spelled out in the Operational
Plan. He acknowledged that the Tribes may have some resources including facilities that
the Counties may need at some point.
Dr. Locke said that he was seeking some sense of the BOH regarding the approach and to
obtain feedback on any additional questions or issues that should be researched or
resolved. He mentioned again that he and the other Health Officers are encouraging the
Tribes to develop their own public health code, or adopt state or national health codes by
reference. They are also encouraging the tribes to have local health officers or deputy
health officers, who would serve as additional resources particularly in an emergency.
Most of the tribes now hire physicians, who could be trained to handle public health
functions, with Dr. Lindquist and Dr. Locke serving as advisors. Dr. Locke commented
that the Alan Miles proposal seems most reasonable with regard to Option 1. He said he
would ask that he be given the authority to respond to a Grant of Authority as needed, but
that in most cases, an emergency meeting of the BOH would be called as soon as possible
thereafter. He added that another expectation is that all three County Boards of Health
would eventually adopt similar policies and procedures to the extent possible.
Member Sullivan added that it would be essential to publicize this agreement and its
provisions in advance and to iron out issues and implications in advance. Dr. Locke and
Mr. Alvarez also pointed out that any services exchanged would be paid for by the
receiving entity and would not represent an unreimbursed drain on County resources; the
provisions are found on page 8, article 12.
There was a brief discussion as to the Tribes that are party to this agreement and the fact
that the parent agreement limits participation to federally recognized Tribes. Each tribe
enrolls and records its own membership.
After further discussion, Member Austin, acknowledging that the BOH is in general
agreement with the draft resolution, moved to await a formal recommendation
from the Health Officer(s) and a final draft of the resolution Establishing the Health
Officer's Authority to Accept Tribal Grant of Authority under Mutual Aid
Agreement. Member Sullivan seconded the motion, which was approved
unanimously.
Page 5 of 11
Environmental Protection Agency Grant Award to Jefferson County Public Health
and Clallam County Public Health
Jean Baldwin introduced Linda Atkins to describe the first rollout of this project to the
public. Ms. Baldwin said it will come before the BOCC for signatures within a few
weeks. She noted that the initial EPA press release was misleading in that it was unclear
that the one million dollar grant is shared among 4 entities for 4 years. She also noted
that, per the BOH request, Linda Atkins and Neil Harrington had prepared the grant
application and had been successful in obtaining the award.
Ms. Atkins said that this project had been envisioned as a coordinated effort between
Clallam and Jefferson County, which share many concerns about shellfish and surface
waters, and have similar mandates from the State. She said this joint grant was seen as a
good way to bring multiple elements under the same umbrella with greater coordination
both internally and with regard to the public.
She said that they are looking at identifying and addressing issues that are resulting from
changing patterns of development, the cumulative impacts of past development and the
effects of seasonal inundation and flooding. The goal is to maintain enhanced water
quality and safeguard the available resources, as well as support the recreational
enjoyment of our waterways.
Work in both Jefferson and Clallam Counties will focus on areas designated as a Marine
Resource Area (MRA). Work will be done in the entire eastern Jefferson County Clean
Water District; the Clallam area is more narrowly defined. She pointed out the MRA on
a map: from Tallah Point in Port Ludlow Bay to the southern boundary of Jefferson
County. There are other water quality grants that have been covering this rather large
area, as well. Other aspects include development of a low interest loan program in
Clallam County, similar to the Shore Bank program in Jefferson County. The lack of
access to those monies has been a hindrance to Clallam County in the past. The
Conservation Districts will continue to work with land owners on updating their
management plans and implementing best management practices for waste management
and protection of water ways. The Jefferson County Conservation District will also
continue to do fresh water sampling along a number of streams to identify long term
trends.
For Jefferson County Public Health, the intention is to strengthen its operations and
monitoring program and to coordinate with the Water Quality program's efforts. A list of
the elements is included in the packet. The overall goal is to strengthen and to provide
support to the professionals in the On Site Sewage industry (designers, installers and
operations and monitoring specialists) so that they may provide consistent information,
service and communication with the public. The intention is to reconvene an advisory
group consisting of OSS professionals, property owners, utility owners and others to
provide input and feedback regarding evolving policies and procedures.
Page 6 of 11
With regard to technical assistance, Ms. Atkins cited the Clallam County initiative to
develop a home owner inspection program, which includes an instructional video. She
noted that it is extremely costly to provide individual training in a classroom setting. The
Jefferson County goal would be to model that approach, and do so at a reasonable cost. .
Ms. Atkins also spoke about an incentive approach for property owners, either by
installing riser systems and monitoring ports on septic systems, or by having their first
inspection done by a professional.
Jefferson County will also continue to improve public access to OSS records and status of
O & M inspection. Public access to the E -Onsite system is now available.
Another important element is to identify systems (unknown systems) for which there are
no current records and to provide information about operating and maintaining OSS
systems. In addition, they will develop standard operating procedures and support to
track failures and violations identified during the inspections process.
In addition, through this and other grants, the goal is to coordinate with other counties to
use similar messages, and to share resources, outreach/informational materials and tools.
In closing, Ms. Atkins noted that the preceding summary represents the scope of work
over four years, and that staff will return to the BOH with code revisions, matters of
policy and implementation in the future.
Ms. Baldwin recalled that the grant and implementation plan was in response to requests
from the BOH to move the On Site Septic program forward. She suggested that Linda
Atkins, Conservation District representatives and Andy Bradstad attend the upcoming
BOCC meeting for signing of a memorandum of understanding.
In response to a question from Member Russell, Linda Atkins said that by State mandate,
septic systems with pumps are required to have annual inspections. Conventional gravity
systems must be inspected every three years. Administrative details must be managed
internally, and will be developed with the help of the advisory group mentioned earlier.
Ms. Atkins said the department recognizes the need to help keep cost manageable for
home owners. There was a brief discussion about how to verify the locations of septic
tanks. She said that it is rarely necessary to uncover drain fields unless there are obvious
failures.
Member Austin inquired as to the need for additional staff to be hired. Ms. Baldwin said
that a decision would be made before October 2010; some additional staff resources will
likely be needed and would be covered by the grant. Ms. Baldwin recalled that the staff
complement had previously dropped from 5 to 2. Member Austin also inquired about
possible use of existing training materials from Island or Clallam Counties. Ms. Atkins
said that to the extent possible, their materials would be "borrowed", but that some
customization would be necessary. Ms. Baldwin also briefly explained tentative plans
developed by DCD and Public Health for the stewardship resource center staffing. She
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said that Public Health is looking at filling a vacancy and/or a grant funded position, and
that some relief is expected for the DCD permitting functions.
Ms. Atkins also discussed the issue of requirements for a complete septic permit. That is,
how can staff facilitate providing the most complete information for an application;
where can reference material be found and how to use it. She said she plans on
coordinating professionals and in-house staff in this regard. Ms. Baldwin also noted that
a checklist would be very valuable in this process.
In conclusion, Ms. Atkins noted that the On-site Inspection Program concepts are now
more fully developed and the public is now more informed and less apprehensive about
expected changes. The Public Health department will continue to seek better ways to
educate home owners and move the program forward.
National Health Care Reform: Nurse Family Partnership in Washington State
Jean Baldwin introduced Quen Zorrah who reported on the Nurse Family Partnership
program in the context of National Health Care Reform. She pointed out the synopsis of a
feasibility study that had been included in the packet.
Ms. Zorrah noted that according to the Federal Health Care Reform funding criteria,
preference will be given to those states that have a state wide implementation plan for
home visiting. Washington State does not have such a plan at this point. In order to
prepare for federal funds, this feasibility study was initiated, not by DOH, but by a group,
(NFP consortium and CHLF), who work in collaboration with DOH.
The part of the Health Care Reform legislation that applies directly to Public Health in
Jefferson County is the Maternal, Infant, Early Childhood home visiting program. The
vision is to create a comprehensive cross -agency continuum of services for children, pre-
natal through age eight to address a range of health issues. First, state governments had
to submit their intention to apply for the funds. Washington State was initially undecided
but upon learning of ties to other funding did submit the application. The next step is a
needs assessment, which is being done by the DOH MCH team. Ms. Zorrah noted that
the assessment makes use of health indicators, including identifying communities with
high concentrations of certain risks, such as are reflected in the feasibility study. She
mentioned as examples: low birth weight babies, poverty, crime rate, domestic violence,
and high school drop-out rate. The needs assessment must address all these issues on a
community wide basis and, somewhat surprisingly, must also assess the community's
need to serve families with substance abuse issues.
Jean Baldwin noted that she had chosen to include the data for a selected group of
counties: Jefferson, Clallam, Mason, Kitsap and King. She pointed out some of the
apparent similarities and differences in these populations.
Page 8 of 11
Ms. Zorrah said that under consideration for the State needs assessment is the possibility
of breaking out the data by communities within counties. This is because at an
aggregated level the degree of need may not be apparent. However, the federal criteria
for the assessment have not yet been released, although the data must be complete and
submitted by September 1. Meanwhile, based on formula projections from the State
DOH, Washington would be eligible for $1.3 million for FY 2010. If benchmarks are
met, based on outcome assessments, the allocation can increase in following years. Ms.
Zorrah said it still unclear whether that would be on a calendar program -wide basis or a
state-wide basis. The current plan is for DOH to take $500,000 to do the needs
assessment plus 25% for administrative costs, leaving about $800,000. There would be
$400,000 for evidence -based home visiting for the entire State; therefore Jefferson
County may receive some "trickle-down" benefit. Additionally, DOH has decided to
split the program among four agencies: DOH will take the fiscal administration role and
serve as the lead agency for Nurse -Family Partnership; Early Learning will have all the
other programs Council for Children and Families will do the evaluation; DSHS will
coordinate billing. In summary, the amount of funding and the plan may not provide
significant benefit for this county. Ms. Zorrah said that the likelihood for the State to
receive funding this year may be low, due to a lack of leadership and coordination among
many competing agencies. However, Ms. Zorrah cited the department's 11 -year
experience with Nurse -Family Partnership, without a State-wide infrastructure. She said
that if funding is received, hopefully it will enable the establishment of some
infrastructure that could be well leveraged for better data analysis, report writing, etc.
Jean Baldwin noted that Jefferson County's teen pregnancy rate is significantly better
than neighboring counties and the State; the drop-out rate is also much better. These are
examples of services that are measurably effective. In addition, those in need receive
Medicaid to deliver babies. Poverty rates are similar to surrounding counties, with the
exception of Kitsap's, which is lower. Ms. Zorrah said that staff continues to seek ways
to improve the program with minimal resources, such as partnering with Clallam and
Kitsap to increase capacity. She added that, throughout the State, those who have Nurse -
Family Partnership programs wish to prioritize resources to sustain current sites.
Member Frissell noted the high Maternal Smoking during Pregnancy rates and requested
more information on possible reasons and solutions. Ms. Baldwin said that the Tobacco
Program continues to work on this, along with the Hospital and physicians. She said the
Tobacco program has only one more year of State funding. Julia Danskin said that due to
reduced funding for maternity support services, nursing staff is not able to see many of
the pregnant women receiving medical assistance, as in the past. Ms. Zorrah added that a
percentage of women in this group are recovering from alcohol or drug addiction, and/or
related depression that is often untreated. Although the smoking is of concern, it is one
among several serious risks. She also said that the NFP data shows that from the time of
intake to the time of delivery, there is a reduction in the rate of smoking. She said that
this is a very high risk population and staff works very hard on this issue.
Page 9 of 11
Green Business Certificates
On behalf of the BOH, Chair Russell signed EnviroStars awards for five businesses:
Point Hudson, Boat Haven, Marketech Inc./ J & S Fabrication, Pleasant Harbor Marina,
and All City Autobody & Towing.
Removal of SAAB Member
Member Austin explained that a member of the Substance Abuse Advisory Board, Laura
Blake, who had been appointed about one year ago, had not attended a high percentage of
SAAB meetings. According to the SAAB Bylaws, three consecutive unexcused absences
constitute reason for removal. Therefore, Member Austin, a member of both the BOH
and SAAB, requested that the BOH remove Ms. Blake from the SAAB.
Member Austin moved and Member Sullivan seconded a motion to remove Ms.
Laura Blake from the SAAB based on lack of attendance, and to inform Ms. Blake
of this action by letter signed by BOH Chair Russell. The motion was approved
unanimously. (Chair Russell signed the letter to Ms. Blake on behalf of the BOH, dated
July 15, 2010.)
There was mention that Mike Blair was leaving the SAAB and acknowledgement that a
letter of appreciation would be sent to Mr. Blair for his service.
ACTIVITY UPDATE
Member Frissell reported on her experience on an Alaska cruise where there was an
outbreak of an unidentified intestinal virus. She noted the communications to passengers
and the extent of sanitizing and precautionary measures taken by the crew.
AGENDA PLANNING CALENDAR
There were no items discussed.
NEXT SCHEDULED MEETING
Dr. Locke requested that he be excused from the next scheduled BOH meeting on August
19 due to personal business. He also suggested that the August meeting might be
cancelled entirely, since there were no action items yet scheduled for August. Ms.
Baldwin noted that typically there is a budget presentation and discussion at the August
meeting, but that it could be done in September. She mentioned that the annual fees
analysis had been completed and could be presented at either time.
Page 10 of 11
Member Austin moved for cancellation of the August 19, 2010 BOH meeting; the
motion was seconded by Member Frissell, and approved unanimously.
ADJOURNMENT
Member Austin moved for adjournment; the motion was seconded by Member
Sullivan. Chair Russell adjourned the Board of Health meeting at 4:10 PM.
JEFFER N COUN Y BOARD F HEALTH
Chuck Russell, Chair
Excused
Kristen Nelson, Vice -Chair
Roberta Frissell, Member
Excused
Sheila Westerman
Page 11 of 11
Excused
Phil Johnson, Member
Jo ustin, Member
Davi Sullivan, Member