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Home My WebLink About05 May JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, May 16, 2002 Board Members.' Dan Titterness, Member - County Commissioner District # 1 Glen Huntingford, Member - County CommÙJÍoner DÙtrid #2 Richard U7q¡'t, Member - Còunty Commissioner District #3 GeoJlrry Masâ, VÙ'e Chairman - Port Townsend City Counál ]ill Buhler, Member - Hospital Commissioner District #2 Sheila U7esterman, Chairman - Citizen at LArge (City) Roberta Frissell, Member - Citizen at LArge (County) Staff Members.' Jean Baldwin, Nursing Services Director LAny Fcry, Environmental Health Diredor Thomas Locke, MD, Health qfficer Chairman Westerman called the meeting to order at 2:37 p.m. All Board and Staff members were present, with the exception of Vice Chairman Masci and Member Buhler. APPROVAL OF AGENDA At the suggestion of Mayor Kees Kolff, Dr. Tom Locke invited the Board to view after the meeting today or at a future time a video from the Centers for Disease Control called "Health Affects of Sprawl." Chairman Westerman instead suggested that the video be shown at the end of the June meeting for those who wish to stay. Member Frissell moved to approve the Agenda. Commissioner Wojt seconded the motion, which carried by a unanimous vote. APPROVAL OF MINUTES Chairman Westerman questioned whether the reference to "low risk families" on Page 8, paragraph 2 should instead be "high risk families?" The sentence said: "Also in doubt were two contracts with the Department of Health that provide home visits for low risk families that have been screened for child abuse risk." Ms. Baldwin noted that they are low risk to the Department of Child Protective Services, but high-risk community families. Chairman Westerman asked this to be clarified in the minutes. Commissioner Titterness moved to approve the minutes of Thursday, April 18, 2002 as amended. Commissioner Wojt seconded the motion, which carried by a unanimous vote. Member Frissell commented that the requested change to the March minutes was not corrected as directed by the Board in April. (A review of the referenced minutes following the meeting confirmed the changes were made as directed). · HEALTH BOARD MINUTES - May 16,2002 Page: 2 OLD BUSINESS AND INFORMATIONAL ITEMS Environmental Health Survey: Larry Fay reported that two telephone pilot surveys are now complete. Staff found that although the survey instrument works well, using the telephone as a method of conducting the survey was inefficient. They are now piloting a mail out survey and if successful, a larger mailing would follow in the next few weeks. Survey data may be available by next month. To Member Frissell's suggestion that Staff investigate whether sociology students at WSU might be willing to take on or assist with the project, Mr. Fay said this might be possible once the pilot is complete. Results on BRFSS Environmental Health Questions: Jean Baldwin said she asked Dr. Chris Hale to expand on the report last month of the Environmental Health data. Before making the following comments and observations, Dr. Hale reminded the Board that this module is not a standard part of the BRFSS, but an experimental module. When Jefferson County made the decision to include environmental health questions, they drew on the experience of Kitsap County's 1998 study. No comparable national data is available. · Fig. 10 - Source of home drinking water. Far more people in this county are dependant on private wells and community systems than in Kitsap, which is not surprising for a rural county. Dr. Hale noted that in 1900, life expectancy in the U.S. was about 48 years. Today, this figure is about 78 years. However three-quarters of that improvement had been made by 1917 due to the separation of drinking water from wastewater. · Fig. 11 - Source of home drinking water by zip code. Eighty percent of those in the 98368 zip code are on City water. Outside that area, about half the households are on private wells. Fig. 12 and 14 - Well testing. There were no significant differences between Jefferson and Kitsap responses to the question if well water has ever been tested or whether well testing indicated the presence of contaminants. · Fig. 13 - Well testing within the last three years. There were significantly fewer Jefferson County residents (54%) reporting having had their well tested within the last three years, as opposed to 71 % of Kitsap County. Kitsap also has an active survey, outreach and education program. However, Fig. 17 shows that the rates at which households are maintaining their septic systems are better in Jefferson than Kitsap County - 63% as opposed to 49%. Dr. Hale said this data reveals an opportunity for public education. People may not be aware of the need to ensure that their wells are tested within a three-year period and that their water quality is maintained. There is also a higher rate of Giardia (waterborne parasite) in Jefferson than in neighboring counties. She noted that there has been a lot of attention recently to nuclear power plants, but the greatest vulnerability is in the water systems, particularly the smaller community systems and wells. Commissioner Wojt noted that as individuals from urban areas move into this rural county, often they do not realize it is their responsibility to maintain safe water. Larry Fay said he suspects most of those HEALTH BOARD MINUTES - May 16, 2002 Page: 3 households testing within the last three years were tested because of refinancing, sale or building permit, not necessarily for their own knowledge and information. He noted there has been an active outreach effort in the on-site sewage program off and on over the last 12 years and the results to the related questions appear to reflect the benefit to those education programs. Member Frissell said there appears to be an inordinate number of individuals with autoimmune diseases in this county (fibromyalgias, multiple sclerosis, arthritis). Recently published papers talk about the role of giardia in causing autoimmune diseases. She said it would be interesting to ask the medical community to ask patients with autoimmune diseases what type of water system they have. Regarding the high rates of giardia, Dr. Hale said that although the figures are small, if there were a rolled average over a five year period, Jefferson County would be one of the top three to five counties in the State for giardia. The reason is unclear. Ms. Baldwin said five years ago, there was a GIS overlay of all giardia, which pinpointed it to contaminated drinking water in a geographic location. Mr. Fay added that there was a strong association with the City surface water supply. After the City made significant changes in the operation of the water system the association between the giardia cases and the city distribution system disappeared. Dr. Hale agreed with the critical observation that people coming from urban environments with highly predictable water supplies do not understand their personal responsibility in this county. She noted that indications in the BRFSS, now confirmed by last week's release of the detailed census data, show that almost one third of the people living in Jefferson County did not live here five years ago and the major source of in-migration was King County. Chairman Westerman suggested that Staff encourage Clallam County to include the environmental health module in their BRFSS. She believes this information, which is based on reality rather than perceptions, will be invaluable in public education and in setting policy and priorities. Dr. Hale agreed that the study was a valuable investment. Larry Fay mentioned that the information collected through the BRFSS is consistent with planning figures in the Comprehensive Solid Waste Management and Coordinated Water System Plans. He suggested the Board consider questions specific to Jefferson County for which we might seek data. Dr. Hale noted the U.S. Census removed two questions from the 2000 census, which had been on the census since 1940 - What is your source of drinking water? What is your method of sewage disposal? - because they felt they were unnecessarily intrusive and would not yield much information. Not having that census data makes this data all the more valuable. PUBLIC COMMENT Charles Chase asked for an update on the nuisance property on Egg and I Road. Although he checks and maintains his water system and encourages his neighbors to do the same, because he is on a shared well, he is still very concerned that his neighbor is not complying with on-site sewage requirements. Larry Fay said he does not believe there is any argument that the neighbor is in violation of the health code and there are potential health impacts associated with that. A notice of civil infraction was filed with the HEALTH BOARD MINUTES - May 16, 2002 Page: 4 court today and they will in turn serve the infraction on the individual. The individual may pay the fine, but if the situation were not rectified, the County would write another ticket. If he does not respond to the ticket, the situation would go before Judge Huth. Staff is anxious to see how the individual responds to the infraction and hopes to report back on the situation by early July. Chairman Westerman indicated that the Board discussed the status of this situation at the last meeting and invited Mr. Chase to stay for the discussion about abatement procedures. Mayor Kolff suggested the County consider writing a ticket each day until the problem is corrected, to which Mr. Fay responded that Staff would first see what response there is to this infraction. Commissioner Huntingford then asked if Staff has worked with the individual to encourage them to file for a permit to get the work done and to resolve the issue? If so, why the Health Board would not use its authority to remove someone from his or her property until the situation is resolved. Mr. Fay said he would have more information on this during the discussion of abatement. He supported this type of approach on the Linda Sexton matter, but the Prosecuting Attorney's office was not supportive because of the significant resources involved. He noted that Pierce County recently launched an intensive and well publicized effort to clean up a number of large nuisance properties. Their County Administrator dedicated four prosecutors to work on a dozen cases, a huge commitment of resources of the legal staff. He added that municipal governments have a clear pathway on abatements, but counties do not. Since there currently are no guidelines on this issue he is sorting through the law and the efforts of some other counties to see just what can be accomplished. As he sees it, the sequence of responses is: issuance of a notice of violation, staff consultation with the offender, issuance of an infraction and, finally, removal of the offender from the property. Commissioner Wojt asked about the possibility of the individual filing suit against his neighbor for damages or potential damages to his well? Mr. Fay said he believes he would have to demonstrate he has been harmed. He is uncertain that the complainant could convince a court that the actions - even though they have the potential to harm him - resulted in demonstrable monetary damage. While Gaikowski has unpermitted structures, it is uncertain what he is doing with his sewage, Staff has not been allowed on property and has not seen even the kind of surfacing sewage that you typically see with a failing drain field. Although Mr. Chase said Staff could go on the property with a search warrant, Mr. Fay said there has to be probable cause for a search warrant. Mr. Chase said he has sought legal advice and received a similar opinion. After a lawsuit, he could still end up with a bad well. Mr. Fay said he believes working to get Gaikowski in compliance is the best option. Mr. Chase said he agrees that the efforts taken so far are appropriate. Member Frissell said the Board is frustrated over situations such as this and has searched for a process that could provide a positive result. Castle Hill Space Reallocation: Jean Baldwin announced that the County has purchased the Castle Hill building, from QFC to the end of the building where the Permit Center is now located, including the DSHS site and the grassy knoll. In response to continual frustration in both the Health Department and Planning Department over space issues, an architect will investigate optimization of the uses of existing HEALTH BOARD MINUTES - May 16, 2002 Page: 5 and new spaces. Improvements to ventilation and various maintenance activities are also necessary. Mr. Fay added that another goal in this space consolidation and redesign is to integrate Environmental Health and the Department of Community Development processes. Combining the interdepartmental functions of land development and environmental health issues in a single location will, hopefully, expedite development approvals while better safeguarding the public's health. Member Frissell asked what implications this might have for the Health Department? Ms. Baldwin said the goals of this space addition are to improve the use of space, flow of information, working conditions and updating the infrastructure and technology. There is also a need for a larger community meeting room. Commissioner Titterness asked about the expected timeline? Larry Fay said that while no timeline has been set, actual work might be able to begin in the spring. Ms. Baldwin mentioned it would be necessary to do the project incrementally because staff will remain in the space during construction. Chairman Westerman asked how the space reallocation and expected efficiencies would affect the number of personnel housed in the facility? She has a growing appreciation for the connection between Community Health and Environmental Health and would be concerned if they were separated. Commissioner Titterness responded that although the long-range plan is to move Public Works to a County-owned facility, the additional space in this building is, at this point, intended to be used for the people that are currently housed here. Chairman Westerman said it seems a good idea to have Public Works next to Community Development. Mr. Fay said Environmental Health is an integral part of Public Health and basic sanitation is intertwined with land development and building permits There is a need to facilitate the process that an applicant or developer has to go through when dealing with multiple departments co-housing people working on activities directly tied to plan development/land approvals will ensure they mesh. Dr. Locke said no matter where it is sited, the authority for Environmental Health activities would remain with the Board of Health and the Health Officer NEW BUSINESS Proposed Budget Cuts: Jean Baldwin explained that the Board received a memo and spreadsheet from County Administrator David Goldsmith regarding Department budget cuts. In response to confusion about the lack of reference to the Health Department, she explained that because the Health Department is an outside budget fund the spreadsheet only reflects a belt-tightening of $78,000 under "Operating Transfers," which relates to the Health Department. The packet also included a staff survey, which was a fact-finding exercise. She indicated that some Staff were not receptive to the survey, however Commissioner Titterness expressed that the information collected was helpful. Mr. Fay went on to explain that of the $3 million Health Department budget for 2002, $750,000 came from the general fund. When Public Works Director Gary Rowe asked the department to cut $150,000 of the operating transfer, this figure was based on not filling the Health Director position as well as a HEALTH BOARD MINUTES - May 16,2002 Page: 6 general fund savings due to increased Environmental Health fees. Given the delay in adopting the fee structure, the $150,000 target was met in a number of other ways, as shown on the portion of the spreadsheet specific to the Department of Health. Health and Human Services Budget Administrator Mary Ann Preece explained that aside from the $68,000 cut from unfilled positions, there were $78,000 in real cuts. For 2003, there will be a smaller base budget, less the same $68,000. In her opinion, these cuts are not sustainable without cutting services or programs. Next year, however, the fee increase should permit the Department to reduce the general fund operating transfer by about $90,000. She then explained that the reference to "MRC activities" on page one of the summary, should in fact read "Weed Board." There was discussion about impacts to the health officer services and travel expenses ($1,984 and $5,500 respectively). Ms. Preece clarified that $5,000 is "director-related," while $500 is directly related to Dr. Locke. Member Frissell asked whether the removal of the health director funds from the 2003 budget means that the need for a Director has vanished? Ms. Preece said no, this is what she means by not sustainable. There is a need for more analysis of services and programs to see what is sustainable. Ms. Baldwin added that without a health director, there is high a staff to management ratio and issues and concerns related to quality assurance, supervision, and scheduling. The management need will not go away. She also noted that there were program cuts in January. Commissioner Huntingford said although there is a desire to keep matching grant funds and the programs they support, rectifying problems in the 2003 budget will likely require a reduction in or cutting of programs because there is not the money or the staff. His concern is that continued cuts will make it difficult to do all programs well. Chairman Westerman felt that at some point we have to enter, as a community, into the discussion of increasing taxes. She would like to be a part of that dialogue instead of witnessing the County Commissioners get condemned and lose community support as it attempts to increase revenues. Her recommendation is that the Health Board come out in support of the services that we have achieved and educate the public about the increasing cost of delivering those services. Commissioner Huntingford said it is apparent that using even the banked capacity and any cash carryover, would provide only a short-term fix of 1 to 1-112 years. There is just not enough taxing authority. It may be that the legislature could give more taxing authority for health issues, but even if the County takes the full amount it has banked, the cost of doing business is growing faster than any ability to generate revenue. Since you cannot do everything, the question is how to figure out what the public wants to support. Member Frissell said she sees the need for education on what exactly is the county portion of a tax bill and what it provides. The fear is that a County increase would affect their entire tax bill. She added that few people relate their vote on 1-695 to the $22.50 they pay for a round-trip ferry ride. HEALTH BOARD MINUTES - May 16, 2002 Page: 7 Commissioner Wojt mentioned that we choose not to talk about the reality of what Initiative 695 did to Motor Vehicle Excise Tax (MVET). The legislature got tired of cities and counties bickering over what they paid for regional health services. They gave MVET monies to the Counties and said the Cities do not have to pay any more because this covers their share. Now the City is getting a free ride and although there is an argument that City residents are also County residents, the tax distribution is different. When you look at the expenses - 113 of the people getting 2/3 of the services - that argument does not hold a lot of water. Mayor Kolff said he believes the City and County need to enter into serious dialogue to solve the public health funding problem in the County. Commissioner Huntingford said it has been a difficult process for the County and they have attempted to make it as fair for everyone as possible. It has been an interesting process in getting departments heads together and talking about each other's problems. Jean Baldwin said she is most concerned about productivity, morale and turnover. A lot of care needs to be taken, because of the price we are paying to get to the bottom line. Policy 96-02 Consideration: Larry Fay explained that the main principle in Policy 96-02 is the requirement to connect to a public water system, where public water is available, in a timely and reasonable manner. In the packet were several letters from Cordell Burke, who has particular interest in the adopted policy because he would like to drill a well, but is prohibited from doing so due to the proximity of a water purveyor. Mr. Fay said he believes there is some merit to Mr. Burke's concerns. He explained that through the Coordinated Water System Plan, there was interest in establishing an appeal process for those who felt that a utility was imposing unreasonable conditions. This process was not adopted in the final plan, largely because an appeal board would be a subcommittee of the Water Utility Coordinating Committee and the City did not believe it was appropriate for them to give up their governance and their responsibility for their water supply. Instead of a countywide appeal process, there is a strictly voluntary mediation process. Mr. Fay pointed out that while "timely" has been defined, "reasonable" has not. In listing possible amendments to Policy 96-02 (as follows), he attempted to identify some clear-cut conditions under which someone would be required to connect or by which connection becomes optional. His recommendation is to find a better definition of reasonable. He referred to several Policy Options as drafted, but solicited other recommendations. A. Policy Amendment - The Board of Health could amend policy statement 96-02 to include guidance as to what constitutes reasonable conditions. The policy would attempt to balance the public health risk and necessity with the cost associated with connection. On a high-risk site, it might be reasonable to accept a much higher cost for connection compared to drilling a well than on a low risk site. This could be tricky and there do not appear to be any existing models from which to work. B. Include a Waiver Provision - Since the Board of Health has adopted the only County HEALTH BOARD MINUTES - May 16, 2002 Page: 8 policy, exceptions to the requirement to connect could be considered on a case-by-case basis by means of a formal waiver application. The burden of proof would fall on the applicant to show that the terms and conditions of connection to the public water system were unreasonable. Decisions by the Health Officer could be appealed to the Board of Health. C. Repeal Policy 96-02 and Limit Water Well Construction - Within recognized water service areas, allow water well construction only when the lot on which the well is being constructed meets the land area requirements for a well and septic. Outside water service areas, allow well construction only when the site meets land area requirements as established in Policy Statement 97-02. Chairman Westerman asked for the definition of a "high risk site" under Policy Amendment. She suggested clearly defining these and other terms such as "recognized water service areas" so that during the Board's review it will be clear what we are reviewing. Under Repeal Policy 96-02, she asked to understand the difference in the two statements. Mr. Fay said the policy he drafted follows Option A. He recognized the need for definitions and said copies of the water service area maps might have also been helpful. He said his first definition of a high-risk site is anything less than an acre. Member Frissell asked whether the water service area was designated before or after Mr. Burke bought his property? Mr. Fay said the designation of the water service area occurred prior to the time Mr. Burke applied to drill a well. However, the Department does not have as a matter of record information that a piece of property is contained within a particular water utility service boundary. There is also no convenient way through a property title search to obtain this information. The information is available if you know to ask for it. Chairman Westerman asked whether a bank would want to know about a water service area before approving a loan? Mr. Fay said the bank might not require it and most individuals do not know to ask the question even though the information is available. He went on to explain that water service areas are simply a declaration on behalf of a purveyor that they are going to sell water in a particular area. They are not approved, but merely acknowledged by the County. The whole idea with designated water service areas is to avoid conflicts and overlapping service so utilities can then provide for rational delivery of water within a particular area. Part of the problem with the process is that most people assume that water development is taking place by larger utilities, such as the PUD. There was no real mechanism for a person like Mr. Burke to know that someone had decided to deliver water to the south end of the Coyle Peninsula and for him to vote whether or not he wanted to be in that water service area. This is part of the process in the Coordinated Water System Plan, which is outside of the Board's scope. Chairman Westerman asked if there is an approval process for purveyors? Mr. Fay explained that the Coordinated Water System Plan states that after the utility makes a declaration they have a year to submit their plan to the State Department of Health. The referenced water system has an approved plan and design. Commissioner Titterness asked who would determine if it is unreasonable? Mr. Fay said that without a person or entity of authority to make that determination, it would have to go to court to decide. Dr. HEALTH BOARD MINUTES - May 16, 2002 Page: 9 Locke said that under a new policy, the Health Officer would make a determination that could be appealed to the Board of Health. Mr. Fay said this would at least provide a framework for assessing this situation, but there is the potential for problems in other situations. Member Frissell said she couldn't imagine how a person could buy a piece of real property without asking a question about water. Either it was or was not disclosed. Commissioner Titterness said if the Department is the decision-making authority at this point and if it is the opinion that requiring connection is unreasonable, then the purveyor could appeal to the Health Board. Mr. Fay said he is asking the Board to try to create a policy that anticipates at least some examples of "reasonable" and "unreasonable" circumstances. Commissioner Titterness said there is good argument for that, but what we find, as in this case, every time you try to write a regulation, there is another circumstance that creates another issue. It becomes nearly impossible to continually clarify a regulation. So, in writing a regulation, less is better. He expressed support for utilizing the policy in existence. Member Frissell said the policy might need to be revised if it is inadequate. Commissioner Titterness said that inasmuch as Mr. Fay has the authority and has indicated his feelings about what is unreasonable, he believes he can make this call. Member Frissell said there appear to be two issues: one is the specific case and the other is the policy question. Commissioner Wojt said one of the discussions in the Water Utility Coordinating Committee about setting up the water purveyors is that if someone moves into a water district and requests water and the water purveyor cannot provide it or cannot provide it within a reasonable period of time, that removes the individual from the service area. He said the purveyor must provide water to your property line. Mr. Fay said you can either write policy to anticipate the circumstances or you need to correct the process. He suggests that if he, in the Department, has the authority to do the process, then there still should be an amendment of Policy 96-02. He also noted that the designation of reasonableness is appealable and that there should be some timeframe with required notification to the purveyor before a person can start to drill a well. Chairman Westerman then asked how new construction and expansion of structures for which potable water is required fit under the "applicability" standard? She asked whether there should be a square footage specified? Commissioner Titterness explained that a structure might contain more than one tenant and therefore more than one unit, which may have to be metered separately. Mr. Fay said this language comes from a 1992 policy on water availability and implements RCW 19.27.97, which says that anybody applying for a building permit for a building that requires a source of potable water has to prove that they have an adequate supply of potable water. The policy goes on to list exclusions. When adopted in 1992, the policy followed the RCW and expansions were viewed similarly to septic expansions. This language could be clarified, although he would be inclined to eliminate it rather than try to refine it. The standard is 400 gallons. Unlike the septic, which is designed for the size of the house, their standard for potable water supply is one number. He would be inclined to specify new HEALTH BOARD MINUTES - May 16, 2002 Page: 10 construction and to keep a narrow focus. Chairman Westerman said she believes that is fine. Under the general policy statement, "Reasonable shall mean that the requirements for connection shall be consistent with the standards specified in the utilities water system plan. The requirements are the same as they would be for any other applicant requesting similar service, costs shall be consistent with capital costs of improvement as well as the industry standard for waterline extension and there is a compelling public health interest in requiring the extension. " She asked if this is the language on which Mr. Fay would base his judgment? Mr. Fay said this is the struggle: How badly as a public health agency and Board of Health do we want to go to battle for a utility that might want to sell water on lO-acre lots? There may not be a compelling public health interest in doing that. That is why he said, "...and there is a public health interest" - generally, the higher the density, the greater the public health interest. What we would work on in policy is trying to create a matrix. Chairman Westerman said it appears that if Mr. Fay determines that there is not a compelling public health interest, then a hookup is not going to be required, which is a decision more appropriate to the Health Board. Dr. Locke said that is the whole basis of a Board of Health's involvement in this kind of issue. Otherwise, the Board is straying into marketplace decisions. Chairman Westerman said that an appeal based on the claim that there is no compelling public health interest would be a much better case to come before the Board. This would also allow Mr. Fay to say I do not see the health interest here. Mr. Fay said he believes there are some places where there is a compelling public health interest and that is the relationship with the on-site sewage code. Referring to the General Policy Statement of the draft policy, he noted that Number 4 deals with a specific situation where there is a compelling public health interest in requiring a connection. When the lot does not meet the siting criteria for well and septic we are dealing with a situation where it is much more fair to require the connection. He believes this is a good situation to state in a policy. He will continue to tweak the policy and clear up some of the process around appeals. Mayor Kolff suggested that the last part of the sentence that starts with "there is a compelling public health interest" be moved to the first part of the policy. Chairman Westerman suggested Mr. Fay rework and refine the policy based on the input received today and provide it to the Board again at the next meeting. Mr. Fay said he would try to frame it as an amendment to 96-02 rather than a whole new policy. He also agreed to provide 96-02 and 97-02. SB 6588/Restaurant Association: Mr. Fay distributed a response article on SB 6588 from the May issue of the Restaurant Association newsletter. HEALTH BOARD MINUTES - May 16, 2002 Page: 11 AGENDA CALENDAR / ADJOURN Joint Board Meetinl!: A Joint meeting of the Health BoardlHospital Board is scheduled for Wednesday, June 5, 2002 from 3:00-5:00 p.m. in the Hospital Auditorium. June Au:enda Topics: Abatement of Public Health Nuisances - Policy Options. The meeting adjourned at 5:00 p.m. The next meeting will be held on Thursday, June 13,2002 at 2:30 p.m. at the Jefferson County Health and Human Services Conference Room. JEFFERSON COUNTY BOARD OF HEALTH ~Uv uJMlj~ (Excuse Geoffrey j¿ - Glén Hunting or, e ~25' Dan Titterness, Member (~~ B~~1:rí 1eJl(w,'\~\ ",f' (~_.~ .A' r;'1" ~~. "'~/ '1'-<-Þ;' , , ,,_RiclÍarcfWojt, Member / /~~ Roberta Frissell, Member JEFFERSON COUNTY BOARD OF HEALTH Thursday, May 16, 2002 2:30 - 4:30 PM Main Conference Room Jefferson Health and Human Services AGENDA I. Approval of Agenda II. Approval of Minutes of Meetings of April 18, 2002 III. Public Comments IV. Old Business and Informational Items 1. Environmental Health Survey Update 2. Castle Hill Center Space Reallocation 3. Baseline Assessment of Exemplary Practices and Gap Analysis of Standards for Public Health in W A State V. New Business 1. Jefferson County Budget Cuts - JCHHS Impacts 2. BOH Policy 96-02 Reconsidered - Required Connection To Existing Public Water Systems 3. Vaccine Shortage Update - Changes in School Entry Requirements 4. Abatement of Public Health Nuisances-- Policy Options Jean Larry Tom Larry VI. Agenda Planning 1. Joint Board Meeting - June 5, 2002, 3:00-5:00 PM, Jefferson General Auditorium - Agenda Discussion Tom VII. Next Meeting: June Meeting Needs to be rescheduled due to Conflict with Commissioners' Schedule ,# JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, April 18, 2002 /)1IAJ:r Board Members: Dan Titterness, Member - County Commissioner District #1 GlenHuntingford,Member- County Commissioner District #2 Richard Wojt, Member - County Commissioner District #3 Geoffrey Masci, Vzce Œairman - Port Townsend City Council ]ill Buhler, Member - Hospital Commissioner District #2 Sheila Westerman, Chairman - Citizen at Large (City) Roberta Frissell - Citizen at Large (County) Staff Members: Jean Baldwin, Nursing Services Director Larry Fay, Environmental Health Director Thomas Locke, MD, Health Officer Chairman Westerman called the meeting to order at 2:30 p.m. All Board and Staff members were present, with the exception of Vice-Chairman Masci. APPROVAL OF AGENDA Larry Fay asked to add two information items under Old and New Business? Commissioner Wojt moved to approve the Agenda as revised. Commissioner Titterness seconded the motion, which carried by a unanimous vote. APPROVAL OF MINUTES Member Frissell asked that additional information be included under the Prenatal Risk Assessment Monitoring (PRAM) discussion related to the suggestion that the Board of Health be consulted regarding any major changes in Health Department policy or programs? Member Buhler moved to approve the minutes of March 21, 2002 as corrected. Member Frissell seconded the motion, which carried by a unanimous vote. PUBLIC COMMENT - None OLD BUSINESS AND INFORMATIONAL ITEMS Environmental Health Survey: Kellie Ragan pointed out that the on-site septic program survey developed by Staff is separate ITom the BRFSS survey. She reported that Staff is in the process of field-testing their survey, in which respondents are asked about their experience within the past 12 months and about their most recent contact in terms of courtesy, technical expertise, and overall satisfaction. Although it is modeled after the BRFSS study and is designed to be quantitative, because respondents are providing a lot of narrative, Dr. Hale is recommending Staff also record key words and themes. Larry Fay said the survey was designed to evaluate the perceptions ofthose individuals who have used the on-site sewage program, including applicants, people with questions, and individuals who have participated in workshops. Staff is tracking contact names and information in order to provide the sample ITom which respondents are selected. The purpose of modeling it after the BRFSS survey is to be able to compare the data collected by each instrument. This survey will be part of an HEALTH BOARD MINUTES - April 18, 2002 Page: 2 ongoing quality improvement program and is being tested in order to determine the amount of energy needed to collect this information. Chairman Westerman asked ifthis is a survey that might be used with Community Health and how long it might take to perfect the model? Jean Baldwin responded that while a less extensive survey is being done in two programs, another purpose of piloting this survey is to consider whether it might be used across other programs.. The phone logs are also useful in assessing whether there is a need to improve the way staff dispenses information. The survey should be ready within a few weeks and preliminary results may be available by the next Board of Health meeting. Member Buhler asked whether the logs provide a representative sample of the entire area? Larry Fay said that the contacts collected over the period of a month should be representative. Chairman Westerman asked whether there is any distinction between commercial and residential contacts? Ms. Ragan explained that there is one question asking the respondent to specify whether they are a property owner, contractor, realtor, prospective buyer, business owner, designer, or engineer. Installer might also be added as a choice. Commissioner Wojt expressed concern about the kind of information being relayed in a 20-minute phone call. Mr. Fay said for those people who call the Department frequently, the logs might help Staff assess whether the Department is dealing with these people in the most effective manner. Chairman Westerman commented that a concern expressed during meetings of the Fee Review Advisory Committee was that people might be utilizing community development to design their projects. Some felt the need to establish a reasonable length oftime for Staffto interact with citizens after which they should begin charging for their time. Letter to School Superintendents·- Washin2:ton State Healthy Youth Survey (2002): The Board recommends that the fact sheet, survey information and sample survey materials also be sent with the letter. To Member Buhler's question whether filling out the survey on-line could be an option, Ms. Ragan said it is currently designed in a hard copy format. She noted that the letter would be revised to clarify that the "Principles of Effectiveness" is a federally recognized model. There was support for Chainnan Westennan to sign the letter on behalf of the Board with the minimal changes as discussed, including enclosures. Results on BRFSS Update -18-34 Year Olds: Jean Baldwin explained that the Board received a packet of data on two additional modules: Environmental Health and 18-34 Year Oids. She noted that while the Board had previously received the Basic Demographic Characteristics of Respondents and the Risk and Predictive Behaviors BRFSS module, the versions in the latest packet are slightly modified to clean up the material. She asked for Board comments on the information presented. Chairman Westerman said she was surprised that while many in this group have dental insurance, few get dental cleanings. Jean Baldwin agreed that there does appear to be a disconnect in this data related to healthcare access, such as individuals having dental insurance but no health insurance. Also interesting to note are the behavioral risks. The data on guns, violence and smoking are much higher in this group and the rate of substance abuse and alcohol consumption in the past 30 days is, as expected, highest among 18-34 year olds - both in the County and the State. She reminded the Board that only the most significant results have been reported and stated she does not feel the information presented is an exhaustive overview. HEALTH BOARD MINUTES - April 18, 2002 Page: 3 Results on BRFSS Update - Environmental Health Questions: Jean Baldwin explained that while there are some national pilot modules, the Centers for Disease Control have only recently begun collecting Environmental Health information. The only comparative data was rrom Kitsap County and a few other places around the country. This information is good baseline data and will be helpful in determining gaps in education. For example related to water testing, she noted 54% of Jefferson County adults reported their water has been tested within the last three years, compared with 71 % in Kitsap County. Also interesting was the information about fire and wood stove heat where 20% reported using wood stoves as their primary source of heat, compared to 5% in Kitsap County. While not surprising for a rural county, this data needs to be shared with the task force that works with kids' safety because of air quality issues. Commissioner Huntingford mentioned that many people who are getting sick after the mandatory insulation packages and draft tightening are now suing because the building codes do not allow for adequate ventilation. Also, with the unavailability of natural gas, people use propane, electric and wood heat. Ms. Baldwin noted 15% are using propane as a primary source of heat. Larry Fay said because the Environmental Health component ofBRFSS is new, the information is more of a qualitative evaluation. It provides an overview of what people think about the environment and what causes them problems, but is not based on environmental quality data. While the relatively high number of individual wells is not necessarily good or bad, it does raise the question whether the Department should be doing more education and encouraging testing of these wells. Residents in Kitsap County appear to test their water more frequently than residents of Jefferson. On the other hand, residents in Jefferson County have had their septic tanks pumped more recently, which may mean that public education programs are working. He added that while it was assumed that citizens were not aware that curbside pickup service was available, the survey does reflect knowledge and use of the service. The hauler, however, estimates reaching only about 30% ofthe potential market. Chairman Westerman said she was surprised that 17% of Jefferson County residents had never had their septic tanks inspected. Mr. Fay said he was more surprised that this figure was the same in both counties. Member Frissell said she was disappointed that there was no follow-up question to the individuals who indicated that indoor pollution made them sick. She would like to have known what they believe it was that made them ill. Commissioner Huntingford agreed and asked how this correlates with other information such as kids with asthma. Ms. Baldwin said that unlike the previous results, the Data Steering Committee has not yet had a chance to examine this data for gaps. There might be issues that need more review. Member Frissell noted that a major source of indoor pollution is not mentioned and that is outgasing from carpet padding and particleboard. She found it interesting that more individuals found air quality at home was worse than air quality at work. Mr. Fay believes that if we did a similar analysis of food-borne illness, we would find significant percentages originating in the home. He wondered if there was, short of a regulatory program, some way to get information to people to help reduce the rrequency of such illnesses. He mentioned that industry is identified as a source of air quality concerns in Port Townsend while the sources out in the County were a combination of industry, trash or garbage burning. Chairman Westerman said some respondents may have been confused about the phrasing of the solid waste disposal question and considered their delivery of garbage to the transfer station as HEALTH BOARD MINUTES - April 18, 2002 Page: 4 utilizing solid waste disposal services. She believes this question needs to be reworded, clarifying pick-up-at-your-door service. It will also be important to note now what additional questions may be needed, such as the age of the septic tank Existing Abatement Models: Larry Fay said he would report to the Board next month on his research into abatement models and sample ordinances from other county planning agencies. He hopes the Board could have a discussion at that meeting and decide whether or not to proceed and, if so, in what direction. While there are some very clear statutory authorities for municipalities, he has not found a model that is applicable to counties. Chairman Westerman asked whether there has been any progress on the Gaikowski property complaint on Egg and I Road? Mr. Fay said this would be the first case that will be pursued as a civil infraction. After learning the procedures, Staffwill file the ticket with the court, which will deliver the notice and pursue a violation. Chairman Westerman expressed concern that without enforcement, these regulations are not particularly useful at protecting public health. Enforcement should be a priority. Mr. Fay said his interest and hope is that the Board can borrow pieces of processes from other counties to create a standardized and predictable enforcement framework. Commissioner Wojt asked about the Linda Sexton case, to which Mr. Fay responded that this issue would be better addressed through abatement rather than a civil infraction. NEW BUSINESS Review of Assessment Workgroups - Access to Care. Childhood History of Violence. Concentration of Risk in Households with Children. and Substance Abuse: Member Frissell reported that the Data Steering Committee identified these four areas of concern for further investigation. They recommend that smaller workgroups review the data and consider expanding the survey to include other questions that address the unique issues in this community. She noted that a missing question related to access was how far people had to travel to see their provider. The high level of childhood history of violence is a concern. They also felt the need to examine the risk factors in households with children to determine effective preventive measures so as to both avert health problems and maximize the budgeted resources. The committee recommends continuing and committing to smaller work groups, as most members are willing to join smaller task forces. Jean Baldwin said the contract with the City was an attempt to identify community-wide issues that impact the law and justice community. Prior to the survey, Dr. Chris Hale and Staff had met with several individuals in the law and justice community about what they see as contributing factors. With results in hand, another meeting is necessary to discuss the findings, program implications, and how to share this information to make change. It is her desire that these committees would report back to the Board of Health. Chairman Westerman asked who would comprise the four workgroups and who would decide about representation? She suggested having a Health Board member on each workgroup. Ms. Baldwin said the approach has not yet been discussed, but the composition would need to extend well beyond the Data Steering Committee. More people from Jefferson General are needed to look at access issues. She noted that Member Masci expressed interest in working on Access and Member Frissell is interested in Concentration of Risk in Households with Children. Member Buhler expressed interest in Access and either the Childhood History of Violence or Substance HEALTH BOARD MINUTES - Aprill8, 2002 Page: 5 Abuse. Jean Baldwin will join Kellie Ragan and Lisa McKenzie in staffing all groups. Also, Larry Fay would step in ifthey desire detail in Environmental Health. Member Frissell said Board members might also want to recommend individuals whom they feel might be helpful on the work groups. Chairman Westerman recommended involving others in the community in this process. Ms. Baldwin said that at this point, the goal is to get the data to the experts and incorporate other data sources. Education and outreach would follow. In the meantime, Staffwill begin working on two of the workgroups and will try to produce a timeframe for the Board by the next meeting. Dr. Tom Locke said the access to healthcare issue overlaps with the Board's involvement in the Joint Board process. The work group would look at the available data. He commented that the deeper you look into access to healthcare, the more you realize how bad the data is and want to try to devise strategies for finding more information, such as from emergency rooms and other sources. Washington State Bioterrorism Plan - Jefferson County Impacts: Dr. Tom Locke reported that last week the State submitted to the Federal Government its plan for spending the more than $l8M of public health bioterrorism preparedness funds. The executive summary of the plan illustrates the different dimensions to be addressed under emergency preparedness. One of the most important elements ofthe process is to quickly identify and fill critical gaps before addressing other areas that, while substandard, provide some degree of response capability. Initial efforts under the work plan would focus on assessment and determining federal, state and local capabilities and gaps. A health emergency contingency plan specific to Jefferson County will then be developed which will mesh with regional, state and national plans. Although the County can borrow from the efforts and technical expertise of other levels, there is a need to develop a local response plan. The other challenge is merging the existing Emergency Management System with a health care system that was designed to provide care on a case-by-case basis instead of a more population-based approach. This is why public health has been pushed into the lead as the population-based part ofthe system, even if it only receives 1 % of the funding in 2002. Ninety-nine percent of the funding and most of the current infrastructure and resources are in the medical care sector. It would be a great opportunity for the medical care sector to benefit from more of a public health perspective on the management and prevention of communicable disease. Dr. Locke and Ms. Baldwin then talked about the levels of expected funding: $25K for all of Jefferson County, $2.8 billion from Health Resources and Services Administration (HRSA) shared between every hospital in Washington, and a considerable amount of federal funding, 75% of which is designated to go to local jurisdictions. Without an Emergency Preparedness inftastructure similar to the Centers for Disease Control, there is much discussion in the Office of Homeland Security about how best to disburse federal funds to state and local jurisdictions. Along with the $25K in funding, the plan requires collaboration with a regional response team, including Kitsap and Clallam Counties. The regional health district will be able to address issues that it could not have handled alone, such as the need for a regional epidemiologist. Dr. Locke said he believes the Board of Health's role in Emergency Preparedness will be broad. Planning activities mayor may not be popular on a local level, but there will be a need for support and to underscore their importance. There may also be controversial elements of local enforcement in which the Board of Health may be involved. He mentioned that old laws related to isolation, quarantine, and response to epidemics and extreme communicable disease threats have since lapsed, even though the authority still exists. He described the Model Emergency Powers Act, which was HEALTH BOARD MINUTES - April 18, 2002 Page: 6 created after the September 11 tragedy as a guideline for states to tune up their emergency powers. Due to civil liberty concerns and fears of government power, only Utah succeeded in passing the act, which allows for a ten-day lag before actions come under court scrutiny. A more moderate approach, such as with the Tuberculosis regulations in this state, calls for a 72-hr. lag. Some feel there should be no time lag, instead requiring court authorization before any action. Courts are now considering 24-hr. court capabilities where judges would be on call in order to provide court orders. He advocates a minimum lag of 72 hours, which in some cases like Smallpox, would likely not be enough. Ms. Baldwin noted that communicable disease is now not only a ITont burner issue, but one which calls for a completely new approach to surveillance, relationships to providers, and types of investigative properties. Dr. Locke said another item to come out ofthis system would be a switch from passive to active surveillance. The infonnation stream will be useful in other realms because it will be a real-time monitoring of the health status of communities. Commissioner Wojt spoke in favor of better monitoring and an improved command structure so that earlier identification of an outbreak will reduce the number of individuals with whom we will be dealing. Dr. Locke agreed that the system has to be much more sensitive than it is now. To the extent you succeed with a sensitive surveillance system, you will find all kinds ofthings that you had been missing. A question by Commissioner Huntingford about the prioritization of transitory illnesses, led to the issue of antibiotic shelf life. A super antibiotic with a 3-5 year shelf life could be created, but if the germs mutate or the antibiotics are used inappropriately, antibiotic resistance can become a huge public health risk. Every time the country loses an antibiotic to a resistant strain we all become more vulnerable, making public education on this issue very important. Dr. Locke talked about the unusual respiratory outbreak that has occurred over the last month in western Washington and said it is not kno'-'m why there were unusual levels of pneumonia. A more active surveillance system, more diagnostic testing and early treatment of sick individuals could have prevented the spread of a communicable bacterial infection. Considering lost work time, early detection saves lot of money. 2002 Legislative Wrap-Up: Dr. Tom Locke reported that the dominant theme in Olympia this session was filling the budget gap, maldng cuts and coming up with emergency financing strategies. Among the list of Public Health and Human Services bills that originated in the Senate, two that have potential interest to the Board concern donated food and drug offense sentencing. Two other bills that were closely tracked were the sale of hypodermic syringes and changes in the way state food codes are written and interpreted. The hypodennic needles bill dealt with vague language in Washington State law that said pharmacists can sell needles without a prescription, but they need to verify they are utilized for legitimate purposes. The bill that passed said pharmacists could sell as many syringes as they take back. Because ofthe major unintended consequence of diabetics having to redeem syringes in order to get additional ones, the Governor vetoed this portion ofthe bill. He noted that this bill does not replace the needle exchange programs, in which people are encouraged to exchange in order to get the dirty syringes out of circulation. With the prevalence of chronic Hepatitis C and an even higher incidence of HI V among IV drug users, the program creates an opportunity for treatment education and attempts to break the cycle of addiction. HEALTH BOARD MINUTES - April 18, 2002 Page: 7 Dr. Locke reported that the bill on donated food took local Boards of Health out of the process when it comes to the interpretation of food safety rules and made the State Department of Health the sole interpreter of the State food code. At present, the local Health Department is the interpreter of the code and could supplement the code by passing more stringent standards or adding language about suspension or revocation, appeals or administrative process. This bill passed with strong majority in the House and, although it was met with more resistance, it also passed the Senate. The Governor vetoed it in its entirety. In response to a question about the State Department of Health's interest in doing this, Mr. Fay explained that this was an industry-sponsored bill, with the restaurant association and major chains as supporters. The basic issue related to bare-hand contact policies. Many - but not a11- counties now require people to wear protective gloves so restaurants that operate in multiple counties were looking for consistent, statewide rules. However, with the County doing inspections and interpreting the rules each day, it would not be practical for the State to be the sole interpreter of the rules. Environmental Health was glad the Governor vetoed this because the Department of Health is working on revising the state code. The committee had already suggested the use ofthe industry- recommended FDA food code as the model. He believes many of the industry's issues will be addressed in the next 18 months. Jean Baldwin reported that three DSHS-funded programs that she had expected to be eliminated received last minute legislative support. The Department of Children Services was the main vendor that she felt would not have been served. Also in doubt were two contracts with the Department of Health that provide home visits for low risk families that have been screened for child abuse risk. It was decided that a nurse providing some education would release them from the DSHS system. The current caseload of nine families will continue to receive service. Contracts due to expire in July will be renewed and some of the expected cuts in DSHS were not as deep as anticipated. Chairman Westennan commented that it appears the bill reducing sentences for certain drug offenders is intended to save money and in turn those savings will be used for in-jail treatment. Staff agreed and said these savings would be applied only along the 1-5 corridor. Dr. Locke added that most health departments feel this is a step in the right direction - a long overdue investment in treatment. Chairman Westennan thanked Staff for providing the Board with the letter from the Governor outlining his reasons for vetoing the food service rules. Joint Board Meeting: Dr. Tom Locke said Staff is still working toward a date that would accommodate the schedules of the County and Hospital Commissioners. The Board will be notified as soon as a date is chosen. Drinkinu: Water Policy: Larry Fay said that at the next meeting he would provide an issue paper on the policy adopted in 1996, which requires individuals to connect to public water in a timely and reasonable manner when public water is available. This policy derived from the Coordinated Water System Plan and RCW 19.27.97. While the policy identifies timely, it does not identify reasonable. Recently, a situation has come up where reasonableness was in question and there was no mechanism for resolving whether or not the time, term and conditions of the permit were "reasonable." Chairman Westennan suggested consulting with the City or other counties for comparison. HEALTH BOARD MINUTES - April 18" 2002 Page: 8 AGENDA PLANNINGI ADJOURNMENT May Agenda Topics: Revisit BRJ<'SS assessment; Drinking Water Policy and Existing Abatement Models. The meeting adjourned at 4:30 p.m. The next meeting will be held on Thursday, May 16, 2002 at 2:30 p.m. at the Jefferson County Health and Human Services Conference Room. JEFFERSON COUNTY BOARD OF HEALTH Sheila Westerman, Chairman Jill Buhler, Member (Excused Absence) Geoffrey Masci, Vice-Chairman Richard W ojt, Member Glen Huntingford, Member Roberta Frissell, Member J)an Titterness,Member 01 00(')" -00 DJ :J ., ~ ¡¡j '< cts¡g (') - ., ::r:E3 ~oo n c: 00 1IIë:- ;~ @ xc:2 CDCI):J ;:¡ DJ - -'< <t 00_- CD ::r (t) ."DJ"'O <-::r DJ 00 !'! 00 :J oo(t) o 0 ODD 0 o ï:J " G> < m g g DJ. g ~ ð ~ ., ::; 0. G> Æ= :J 0 :J o 0 - ~ 0. Z o - 00 c: ., (t) ?' ODD o '1J " o 0 DJ :J 0 ::;. ..;. ., ^ :J ~ Z o - 00 c: ., (t) ~ ~ -ê~6= ¡g ;:;: 0 ~Õ's. 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D> c: (t) .., < :::r g (J) ::s..o.(t) co ~ s,-< c: D> ; .... ::s ~ ::r:g n '< c D> _·co co III 0. !" g?" (J)" s- ~ :TI» 3 õ' 1»:::1 :::I(J) CD :::I 0.:IE .., ~ (J) ::E 91 CD =(J) < .... ;; ~. ñ 0 co= CD - II .c ... -I ~¡ C CÞ U .. :sZ" CÞ o _ a. >. u ftS CÞ E c~fn ~ :I o CÞ CÞ ~ E :t= en :! c CI} C :I e c 0 en CÞ .- 0 U ., > C I W ) STATE OF WASHINGTON DEPARTMENT OF HEALTH 1112 Sf Quince Street · PO Box 47890 Olympia, Washington 98504-7890 Tel: (360) 236-4010 · fAX (360) 586-7424 TOO Relay Service: 1-800-833-6388 RECEIVED MAY 02 2002 Jefferson County 1eafth & Human Servier April 24, 2002 Dear Public Health Colleague: We are writing to share information about the next steps in implementing the Standards for Public Health in Washington State and to ask for your help. We are asking for your most valuable assets: your time and the time of your staff. Results of the site visits and evaluation of the Standards conducted in 2000 were very positive. The proposed Standards were judged to be important, clear and attainable, and overall strengths and weaknesses of the system were identified. The next step is to provide verifiable baseline information for each site to guide our future goals and use as the basis for measurable improvement across the system. We will also continue to gather exemplary practices that will help many of us meet the proposed Standards by borrowing and adapting ideas. We have contracted with the same consulting firms that conducted the site visit and Standards evaluation two years ago. They will send you information and make an appointment to visit you. The contractors will also provide advanced training on the Standards A fact sheet and schedules for additional information are enclosed. We fully recognize that this project will require your time and attention during difficult budget times. However, we also know you agree that it will provide critical information essential to describe both the strengths of public health and the continuing need for specific resources to improve public health protection. Thank you all, in advance, for your assistance and participation. This important work cannot be done without you. ~k Ward Hinds Chair, WSALPHO Enclosures How have the Standards been revised? Why conduct a baseline evaluation? Who are the contractors? When will the site visits occur and what process will be used? How can we get some help preparing for the site review process? Baseline Assessment of Exemplary Practices and Gap Analysis of Standards for Public Health in Washington State The Standards themselves were minimally revised following the 2000 evaluation. The measures have been substantially revised to reduce duplication and further clarify intent. They have also been organized by key management practices and are displayed in matrix form as well as in the Standards booklet. Some of you asked for site-specific reports in 2000, but that was not the purpose of the study. Now, the baseline assessment will provide site-specific reports as well as system wide analysis of compliance with the Standards. These site-specific reports will provide information on current performance and identify local and statewide areas for focused improvement. The next cycle will measure change from the baseline. Barbara Mauer and Marlene Mason of MCPP Healthcare Consulting and Bruce Brown of PRR, Inc. These two finns teamed up to provide a very well designed process in 2000. The Standards Committee of the PHIP again selected this team based on their expertise in quality improvement, surveying, statistical measurement, and the prior standards evaluation process. They are people you will enjoy getting to know and they are very sensitive to your time demands and the budgetary constraints you are managing. The consultants will make a site visit to each local health jurisdiction (LHJ) and to specific DOH programs selected by the Department. They will contact you to confirm the scheduling of the visit, based on the attached schedules. Note that there are two cycles of site visits-first to DOH programs and then, later in the summer, to LID sites. During the site visit, they will review the documentation you have gathered, talk with you (and your managers if you choose) and enter data and notes on a laptop. Depending on the size of your program or LID, this could take from a few hours to a day or two. The consultants will be providing training for DOH programs within the next few weeks, to be followed by trainings offered around the state for LHJ participants. See the attached training schedule for details. In addition, the training process will include specific people identified by DOH programs and LIDs, who will attend both the regular trainings and a special "train the trainer" session. These individuals will become resources to the system, available to offer additional trainings and to help with preparation for the site visits. One of our goals is to create an ongoing, sustainable method for training WillI receive material in advance? Will I have to gather documents ahead of time? How will the results of this process be used? What if I don't like a Standard or measure? WillI know how my scores relate to others'? What about "Exemplary Practices ?" the system regarding the Standards. Please start thinking about people from your organization that might be we]] suited to the "trained trainer" role. Yes, you will receive a self-assessment tool and instructions in advance. The consultants and "trained trainers" will be available to answer any questions you have before the visit. The site visit process assumes that you will gather documents before the visit in order to save time. This work will provide a baseline: What standards can we meet now? What needs more resources, training or development? The findings will help us target future resources or describe the need for additional resources. The Committee will use this information to develop recommendations about how and when these Standards can be used in a performance measurement system. Y our opinions are critical to this process. Let the consultants know if you have ideas about what would make a better standard or measure. The responses you provided during the 2000 site visits were utilized to rewrite many of the measures. The consultants will provide you information about your overa]] strengths and opportunities for improvement at the closing interview of the site visit. Later you will receive a report that provides site-specific information as we]] as a summary for all LHJs and DOH programs. These reports will be distributed by DOH at the close of the project, after review of the overall findings by the Standards Committee. A summary of the findings is expected to be included in the next Public Health Improvement Plan. During each site visit, the consultant will ask for electronic copies of material that could be useful to others.. During 2003, these materials and a manual for accessing them will be avai]lable electronically. Questions? The following people can help... Susan Lybarger, Co Chair, Committee on Public Health Standards (360) 397-8216 Jack Williams, Co Chair, Committee on Public: Health Standards (360) 236-3723 Joan Brewster, Department of Health, (360) 236-4062 Rita Schmidt, Department of Health, (360) 236-3714 Vicki Kirkpatrick, WSALPHO Administrator (360) 753-1886 Ward Hinds, WSALPHO Chair (425) 339-5210 David Goldsmith 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 To: From: Subject: Date: All Departments David Goldsmi 2002 Budget May 7. 2002 I met today with the Board of Commissioners and Gary Rowe to discuss proposed budget cuts for 2002. The Board decided to implement several budget cuts totaling about $920.000 for the remainder of2002. I expect that these cuts will significantly affect the operations of your department and I encourage you to be prepared to discuss these issues with them on May 29 when they will conduct a budget workshop and hearing for cuts to the 2002 budget. It is assumed that these cuts will be effective July 1, 2002. As you are aware the combination of tax limits and a downturn in thè economy have had a signiflC8ßt impact on available resources. The 2002 budget was adopted with a nearly $300.000 shortfall in revenues which needed to be made up fiom reserves. Reductions in the State budget have impacted the County with a reduction of$24O,000 in 1-695 replacement funds. A slowdown in the economy has also resulted in further revenue shortfalls in sales tax and investment income. Overall, budget expenses for 2002 exceed estimated revenues by about $930,000. Over the past few weeks deparlments have been asked to reduce expenses in all categories of the budget. These cuts, a combination of cuts in positions, beh-tightenin& and reductions in capital outlay total about $815,000. While most of the cuts in positions are open/unfilled positions, the Commissioners have identified the need to cut two filled positions, one in the Public Safety budget and one in the Prosecutor's budget. 1bese positions are a Courthouse Security Officer and a Deputy Prosecutor, respectively. In addition to these cuts the Board has directed that all other staff positions be reduced by 4%. These reductions will be in the form of cuts in hours per week and/or unpaid leave. For elected officials and managers the Board indicated that salaries would be cut an equivalent amount so that all employees regardless of position will be affected the same. It is anticipated that this will result in a savings of about $105,000. While these cuts wíll bring our 2002 expenditures in line with anticipated revenues. We know that the 2003 budget will be challenging as well. Jefferson County voters will be asked to increase sales tax by .1 % this fall to help fund juvenile detention costs. The Board will be looking at funding parks and recreation through a park and recreation district starting in 2004. The State is projecting a $1.5 billion shortfall for the next biennium so the County will likely be looking at further cuts in State funding for county services. All these issues make the question of balancing the budget for the next few years a challenge we will all be facing. Attached you will find a summary of budget cuts for each department. A budget workshop will be held on May 29 at 10:00 a.m. for all departments to make comment on the proposed cuts followed by a public hearing and delibemtion at 2:00 p.m. on the same day. If you would like to meet with me and/or Gary prior to this date please contact me. 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Z X W W >- C> W II. it III (I) 0 ~ ::) 0 ..J Z 0 a: z ::) '"" u. u; 0 gg g~ 0 C"')~ 0. 00 ON 00 do öC\Î c;; :s~ t:!..~ £:!.~ Õ .,. .,. .,. .,. .,. .,. I- a: (/) 0 '"" ~ ::J 3 ü w ü (/) (/) 0 ::J a: z 0 II. 0 w >- ¡:: z '"" :5 ::J II. II. æ ..J w 0 w Q (I) Ü '"" III en ::J ..E ~ ¡.2 en '"" ¡¡: en w w z ü w :> aJ ~ a: cd w (/) 0 en w CI a: æ ~ w :5 J: '"" ..; .2 ..Q !!2. ..J ~ Z UJ '"" ~ a: z ~ 0 III it '"" :E ::J '"" UJ ü a: Q w oCt Z en II. 0 W 0 0::: ..9. ~ .2::. 19 19 ~ 0 a: a: '"" en en 0 0 ~ ~ '"" f- ::J ::J 33 ü ü 19 w w Ü ü en en ~ a: a: 0 0 00 a: a: w u. LL II. II. ~ ww >- ¡: ¡:: ÜÜ I- ~ a: zz ::J ::J c;; w « II. II. Õ :::I Z > 3: 3: w W I- 0 0 0 Q Q 1J ... ¡:: '"" 00 I- '"" c c:> II. ::J ..J ..J ::J ::J f.'! <:> ..J ..J ... 0 ü < ..; ü ü C> <X) Q) OJ (\ a.. N o o ~ Lõ Q) ~ c::: ~ (\ C> >- .0 "t:> f!! (\ a. f!! a.. To: All County Employees: Over the past couple of weeks each Department has been grappling with a series of proposed cut to their operating budgets. These cuts include elimination of open positions, reduction in contractual services and clerk hire, travel, small tools and equipment, office supplies, training, membership/dues/subscriptions, vehicles, postage, telephone, printing and binding, repairs and maintenance, and transfers to special projects. Virtually every area of the budget has been affected, with the exception of existing staff. Even with these reductions the 2002 budget still remains out of balance. The recent employee survey indicates that a reduction-in-force should be the last course of action and only after voluntary reductions are applied. There are a number of questions or issues with voluntary reduction in hours or voluntary layoffs. For voluntary reduction in hours, the questions are: · Is the employee willing to reduce hours for this year only or are they offering to reduce through the 2003 budget year? · What impact will this have on the other employee in the office? Will the office need to hire additional help to cover? · What impact will this have on customer service levels? For voluntary layoff, the questions are: · What's in it for the employee? Is there an expanded severance provision, retraining opportunities, etc? · Is this a mission critical position that will need to be filled, and if so what is the actual net savings? · Can a less technically trained person perform this function, and if so what is the net savings and effect on customer service? In order to evaluate the above we need to know who is willing to volunteer to reduce their hours either for this year or through budget year 2003 and who is willing to take a voluntary layoff. Please indicate if you are interested in either reducing your hours or taking a voluntary layoff. This is only to give an indication not a commitment. The details will be worked out with each employee and their office before any official action is taken. Please provide your response by Friday, May 10th. Your response will be held in confidence. NAME: DEPT.: I currently work _ hours per week. I am willing to work _ per week for the remainder of 2002, and hours per week in 2003. I understand that by reducing my hours my gross monthly pay will be reduced proportionately. _ I am willing to take a voluntary layoff. _ I have discussed this with my department head. Additional comments: Signed: (please return to David Goldsmith, County Administrator) . . Rev/Exp Basub Element Object Line Description Total Rev 346 22 30 10 CLINIC FEES - ENVIRONMENTAL HEALTH 18,529 397 0 0 160 OPERATING FROM G/F (148,885) Rev Total (130,356) Exp 531 11 10 300 NATURAL RESOURCE MANAGER (5,000) 31 10 OFFICE SUPPLIES (200) 20 .~ (10'(») 41 115 MRC ACTlVlTIl;S (3,000) 43 o TRAVEL (500) 92 10 TELEPHONE SYSTEM (79) 95 10 BUILDING RENT (87) 15 BUILDING WING RENT (201) 20 INFO SVS-COPIERS (8) 30 VEHICLES-DEPARTMENT (195) 50 INFO.SVS.-COMPUTERS (159) 60 INFOR SVS-RECORDS MANAGEMENT (15) 562 0 10 40 DIRECTOR (56,611 ) 607 ADMINISTRATIVE SUPPORT (6,843) 20 o PERSONNEL BENEFITS (12,473) 31 10 OFFICE SUPPLIES (380) 20 0PERATINGSUPPLlSS ........ Ø,()1'8 ) 41 100 CC-HEAL TH OFFICER SERVICES (1,984) 43 o TRAVEL (5,500) 44 o ADVERTISING (3,000) 49 15 SUBSCRIPTIONS AND MEMBERSHIPS (1,000) 20 TRAINING COSTS (2,000) 92 10 TELEPHONE (208) 95 10 RENTAUBUILDING (1,293) 11 BUILDING WING RENT (402) 20 INFO. SERVICES-COPIERS (21) 30 LEASE CAR (100) 50 INFORMATION SERVICES - COMPUTERS (422) 60 INFORMATION SERVICES -RECORDS MANAGEME (40) 10 10 10 EH DIRECTOR 31 10 OFFICE SUPPLIES (330) 35 o SMALL TOOLS AND MINOR EQUIPMENT (1,000) 43 o TRAVEL (500) 49 10 PRINTING (500) 20 TRAINING/REGISTRATION (500) 92 10 TELEPHONE SYSTEM (235) 95 10 BUILDING RENT (1,127) 11 BUILDING WING RENT (201) 20 INFO SERVICES-COPIERS (24) 30 VEHICLES-DEPARTMENT (113) 35 VEHICLES-EH TRUCK (390) 50 INFO SERVICES-COMPUTER (477) 60 INFO SERVICES-RECORDS MANAGEMENT (45) 20 31 10 OFFICE SUPPLIES (720) 42 10 POSTAGE (500) 43 o TRAVEL (4,640) 44 o ADVERTISING (500) 49 10 PRINTING (2,000) 20 TRAINING/REGISTRA TION (2.610) 92 10 TELEPHONE SYSTEM (686) 95 10 BUILDING RENT (4,568) 20 INFO SRVS-COPIERS (69) 30 VEHICLES-DEPARTMENT (331 ) 50 INFO SRVS-COMPUTERS (1,394) 60 INFO SRVS-RECORDS MANAGENMENT (133) 566 0 31 10 OFFICE SUPPLIES (63) 43 o TRAVEL (3,000) 92 10 INFORMATION SERVICES- PHONES (54) 95 10 BUILDING RENT (50) 11 BUILDING WING RENT (201 ) 15 BUILDING WING RENT - 20 INFORMATION SERVICES-COPIERS (6) 30 LEASED CARS (26) 40 INFORMATION SERVICES-COPIERS - 50 INFORMATION SERVICES-COMPUTERS (110) 60 INFORMATION SERVICES-RECORDS MGMT (10) 568 0 31 10 OFFICE SUPPLIES (60) 92 10 TELEPHONE SYSTEM (32) 95 10 BUILDING RENT (22) 11 BUILDING WING RENT (201) 15 BUILDING WING RENT - 20 INFORMATION SERVICES-COPIERS (3) 30 VEHICLE (15) 40 INFORMATION SERVICES-COPIER - 50 INFORMATION SERVICES-COMPUTERS (65) 60 INFORMATION SERVICES-RECORDS MGMT (6) Exp Total (130,356) Policy Review Requirement to Connect to Public Water I. Introduction: In June 1996 the BOH adopted policy statement 96-02 dealing with utility service review. The key principle established in the policy is the requirement to connect to a public water system when public water is available in a timely and reasonable manner. The authority for the requirement originates in RCW 19.27.097; RCW 19.27.097 Building per.mit application -- Evidence of adequate water supply -- Applicability -- Exemption. (1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply. and; RCW 70.116.060 Approval of coordinated water system plan -- Limitations following approval Dispute resolution mechanism __ Update or revision of plan. (3) Following the approval of a coordinated water system plan by the secretary: (a) All purveyors constructing or proposing to construct public water system facilities within the area covered by the plan shall comply with the plan. (b) No other purveyor shall establish a public water system within the area covered by the plan, unless the local legislative authority determines that existing purveyors are unable to provide the service in a timely and reasonable manner, pursuant to guidelines developed by the secretary. An existing purveyor is unable to provide the service in a timely manner if the water cannot be provided to an applicant for water within one hundred twenty days unless specified otherwise by the local legislative authority. If such a determination is made, the local legislative authority shall require the new public water system to be constructed in accordance with the construction standards and specifications embodied in the coordinated water system plan approved for the area. The service area boundaries in the coordinated plan for the affected utilities shall be revised to reflect the decision of the local legislative authority. In updating the Jefferson County Coordinated Water System Plan in the mid nineties, the Water Utility Coordinating Committee (WUCC) recognized that the proliferation of individual water supplies (including two connection systems) uis a concern in terms of water resource management, utility management and system viability". Therefore the WUCC recommended that the county exercise its option to require connection to public water when available and recommended using 120 days from application for water service to define timely. The BOH policy was the means used to implement the recommendation. II. Issue: Nowhere in RCW, WAC, nor county code or policy has an attempt been made to define what reasonable means. The WUCC had envisioned that reasonable would be determined by the terms and conditions contained each utility's water system plan. Terms and conditions of service would generally be deemed reasonable as long as the utility follows its approved plan. However, there is the potential that circumstances could arise where by the cost of connection to a public water system may greatly exceed the cost of water main extensions and development density is sufficiently low that there is not a compelling public health interest in forcing connection. The WUCC had initially proposed creating an appeal process whereby disputes concerning what constitutes reasonable conditions could be heard and resolved. It was assumed that the accumulation of experience and findings from case review would lead towards the establishment of guidance for staff. For a variety of reasons this was reduced to a voluntary mediation process in the final plan. Although to date, there have only been two major conflicts over conditions of service that we are aware of, in neither case did the parties agree to voluntary mediation. Where this leaves us is the occasional situation of a property owner feeling hostage to what he or she views and unreasonable requirements with no place to go for a grievance. III. Policy Options: A. Policy Amendment: The BOH could amend policy statement 96-02 to include guidance as to what constitutes reasonable conditions. The policy would attempt to balance the public health risk and necessity with the cost associated with connection. On a high-risk site it might be reasonable to accept a much higher cost for connection compared to drilling a well than on a low risk site. This could be tricky and I am not aware of any existing models to work from. B. Include a Waiver Provision: Since the BOH has adopted the only county policy, exceptions to the requirement to connect could be considered on a case-by-case basis by means of a formal waiver application. The burden of proof would fall on the applicant to show that the terms and conditions of connection to the public water system was unreasonable. Decisions by the Health Officer could be appealed to the Board of Health. C. Repeal Policy 96-02 and Limit Water Well Construction Within recognized water service areas, allow water, well construction only when the lot on which the well is being constructed meets the land area requirements for a well and septic. Outside water service areas allow well construction only when the site meets land area requirements as established in Policy Statement 97-02. DRAFT JEFFERSON COUNTY HEALTH AND HUMAN SERVICES ENVIRONMENTAL HEALTH DIVISION POLICY STATEMENT PROGRAM - Drinking Water SUBJECT - Utility Service Review Effective this date the following procedure shall be adopted concerning the requirements to connect to public water systems when public water is available in a timely and reasonable manner. APPLICABILITY This policy applies to new construction and expansion of structures that for which potable water is required. It does not apply to new structures that do not require a source of potable water, nor does it apply to remodels or replacement structures. GENERAL POLICY STATEMENT It is the policy of the Jefferson County Board of Health to require connection to public water when public water is available in a timely and reasonable manner. Statutory authority for this policy rests in RCW 70.05 and RCW 19.27.097. For the purposes of this policy timely shall mean no more than 120 days from a completed application to a purveyor for water service. Reasonable shall mean that the requirements for connection shall be consistent with the standards specified in the utilities water system plan. The requirements are the same as would they be for any other applicant requesting similar service, costs shall be consistent with the capital costs of improvement as well as the industry standard for water line extension and there is a compelling public health interest in requiring the extension. SPECIFIC REQUIREMENTS FOR DETERMINING REASONABLE: 1) The Utility proposing to provide water service must have a water system plan that is current and approved by the Washington Department of Health. 2) The Utility proposing to provide water service must have sufficient water rights to serve its entire service area, or a plan that specifically addresses how additional water rights will be obtained. Additionally, the utility shall Draft Policy Utility Service Review page 2 of2 have identified what portions of its service area will be served with its existing water rights and what areas may be served when additional water rights have been obtained. 3) When an application for water service is within a water utility service area, but is outside the part of the service area for which water rights are in place, the applicant shall not be required to connect. 4) When the site on which the construction is proposed meets state and local land area requirements for a well and onsite sewage system and the cost of connecting to the public water system exceeds the cost of drilling an individual well and a well can otherwise be drilled the applicant shall not be required to connect to the utility. 5) Any person within a water service area not connecting to the public water supply, at the discretion of the utility, may be required to enter into an agreement to connect when water becomes available, enter into a "no protest" agreement or other agreement provided said agreements are a standard condition as identified in the utility's water system plan. EFFECTIVE DATE This policy shall become effective on the date of adoption and remain in effect until amended or repealed by action of the Jefferson County Board of Health. Health Officer Date Chairman of the Board of Health Date Draft Policy Utility Service Review page 2 of2 Thomas Locke Health Division Officer Jefferson County, Washington Fcc^,- RECeiVED FEB 08 2002 Oct 24,60 10:20 P.Ol RaJlye 1360 893 2000 TEL NO. ) l- v Ad.!' Jefferson County "tealth & Human SerVice- RE: Jefferson County Environmental Health Division Policy Statement # 96-02 Dear Mr. Locke, 1 read an article in the Port Townsend Leader that discussed a motion Jefferson county was planning to file for reconsideration of the order by the state regarding seawater intrusion and the Jefferson County UDC. The article said that one of the statements in the motion was "Only the Department of Ecology, not the county has the authority to regulate the consumption of well water." I would have to disagree 1000% with this statement, as currently I am under the fist of the most restrictive county well use situation in Western Washington. I know this to be fact as I have spoken to many people at DOE, DOH, and environmental health departments in Kitsap, ClaJlum¡ Snohomish, Island, Mason and Pierce counties. We purchased two 5 acre parcels in an area so rural there is no store, church or anything else for 20 miles. The property is located at the southern end of the Toandos Peninsula. Jefferson County would force me to hookup to someone else's well 2000 feet away, something I believe no other county would do. We are being denied the right to drill a well simply because an individual has drilled a well and has been allowed to wrap a water service line around our property. Why am I telling you this? Out of desperation. One of the senior people I spoke to at DOE or DOH suggested this was probably going to have to be decided in court. I find this solution to be a total waste of everyone's time and money but am running out of options. The state has said to the counties in RCW 19.27.097 that they MAY require hookup to a "public water system". Jefferson County, in its 96-02 Environmental Health Policy Statement went past that to say "the land owner SHALL be required to connect to a public water system". No comments about cost, exceptions, exemptions, or seemingly anything remotely related to common sense. This is the most ridiculous¡ far reaching and draconian policy I have ever seen. BURKE 2/06/02 page 1 of 5 ---. _.- No other county 1 can find does this. Typically, counties use these water hookup ordinances in areas of smalllots, or where there are multiple well and or septic system problems, or where competing LEGITIMATE water utilities are threatening to make each other's existence economically unfeasible or to enable development to occur efficiently. There can also be problems with salt water intrusions that sometimes makes hookup a logical step if the utility's well is farther away from salt water or has better chloride readings. Many times developments are required to do this, but never 5 acre parcels in the rural areas. The reaction has been pretty much the same from everyone] have spoken to at DOE, DOH and the other county governments; that what is happening to me is not what the state intended by RCW 70.116, WAC 246-293 and E2SSB 5448 and is an extreme example of overregulation. Unfortunately, and with literally spirit crushing effects, Jefferson County has turned an obvious (to others) simple situation into a complete nightmare. I do realize that any county probably has the right to do whatever it wants to it's citizens. When regulation is done with no basis in logic, and with no concern about the results, I do not believe it should be allowed to remain in effect. I have spoken to Mr. Larry Fay and written letters about this ona number of occasions. The most recent was a visit about a week ago. At that time he showed me a copy of a three inch thick document regarding water system regulations and reiterated that the powers to be were going to be revisiting the situation, but he could not say when. In my humble opinion this is not needed, it is the above mentioned 96-02 three page document that is the problem. It isn't a law, it isn't an ordinance, it is just a policy statement that "will remain in force until amended or repealed". In my opinion the health department could revise this rather quickly. My situation: There is an individual who has drilled a well and can serve I believe 5 parcels. He currently serves himself and a neighbor on each of their 3 acre parcels. There are no water lines going anywhere. In between his 3 acre parcel and my 5 acre parcel is a 40 acre block he has I believe approval to cut up into 8 lots. I have been told by DOE that the chances of him getting further water rights permits are currently slim to none. BURKE 2/06/02 page 2 of 5 Rallye 1 360 893 2000 TEL NO. Oct 24,60 10:22 P.02 J have been told by the county that instead of drilling a well I would have to pay for his "water system" to run lines the 2000 feet to where my well would normally be located, deal with the 40 acres of his trees, and the 200 foot rise REGARDLESS of cost as there is no definition of REASONABLE in the Jefferson County Environmental Health Policy Statement 96-02. Forget about the logic of his inability to even provide water to his own lots, Mr. Fay told me he had applied for those under well water rights. How is it possible his new lots are individual well water approved but not my5 acre parcel~? His well should service his 40 acre subdivision only and not be allowed instead to be forced on to others. Setting aside the basic loss of personal freedom in being forced to connect to someone else's well in a rural area, and the economic insanity in asking someone to install a 2000 foot water main because there is no real water system, there are numerous other problems. The map of the engineered "water system plan" shows a water line running to my south 5 acrc parcel about 400 fcet on an easement that has never and will never exist. I cannot understand how a forced water system can be approved to lots where the purveyor has no legal boundary line access. Mr. Fay told me the other day that the well owner, Mr. Heffernan told him recently that he; (Mr. Heffernan) was not aware his water system line went around our property. If Mr. Heffernan was not aware that his water service area went around our property boundary, how can this water service area be allowed to continue to exist? Mr. Fay suggested all that is needed is to redraw the lines. If the line is not redrawn, that reaffirms to me that the water service boundary was intentionally drawn as it is. The remaining aspects are hypothetical. Hypothetically an individual could design a water system to force his or her neighbors to pay for his development's water system. Hypothetically one could refer to one or more of his trapped neighbors as "cash cows." Hypothetically, Jefferson County could require someone to connect to a "water system" that is on property that seems to always have the maximum years of unpaid taxes (as per Jefferson County's website). Hypothetically this may indicate Jefferson County is forcing someone to pay thousands and thousands of dollars to hookup to a "water system" that may not be able to meet future financial obligations for quaJity service. BURKE 2/06/02 page 3 of 5 Rèll~e 1 360 893 2000 TEL NO. Oct 24,60 10:23 P.03 Hypothetically, Jefferson County could require someone to hook up to a "water systemll operated by someone who seems to be embroiled in a constant array of lawsuits from his or her neighbors, again, hindering the financial viability of the "water systen1." Hypothetically there could be an incident where a prominent Jefferson county attorney attempts to deliver legal documents to the IIwater systemll operator. The attorney's process server hypothetically ends up seeing the business end of a gun. Hypothetically, Jefferson County may be trying to force individuals to enter into a business relationship for the most critical of all items, water, with an individual that hypothetically is not someone they would EVER otherwise enter into a contract with. Hypothetically, Jefferson County could force an individual to hookup to a "water systemll owned by someone who was/is chairman of the WUCC (Water Utility Coordinating Council) This committee wrote the very water regulations that the individual is contesting including the requirement that the county write the 96-02 policy statement listed above that positively locks in those who might refuse to pay for someone else's "public water system". Hypothetically, wouldn't that constitute a conflict of interest that any unbiased judge or jury would see? This business of allowing an individual to simply wrap lines around other parcels and seize their water rights, with NO NOTICE, NO HEARING, NO LEGAL ALTERATION OF THE DEED IS WRONG. I refer not to legitimate utility districts serving lots that would require their services. My property in Pierce County shows I do not have the mineral rights, the railroad does. How can the loss of rights for coal be required to be listed on a property deed, but not the loss of water, something infinitely more precious? In one stroke of the pen Jefferson County removed the water rights of many people, for no valid reason. I've been told there is no problem drilling the wells I want, as Jong as I don't use it for drinking water! BURKE 2/06/02 page 4 of 5 Rðll~e 1 360 893 2000 TEL NO. Oct 24,60 10:24 P.04 I request the following. I want to be removed from this "water system", totally, permanently. I want just the basic freedoms one expects with rural property. I have another 8 acre parcel of water front property that has not been roped into this "water system" abutting my middle 5 acre piece to the south. I need to be able to plan the most effective water distribution. We thought we might put a cabin on the waterfront piece. It is timbered with very large trees (that took us 10 years to find) and a cabin would be much simpler. Maybe in the future a house up on the top 5 acres that was logged off by the previous owner. Not being permanently removed from this "water system" disaster would leave it hanging over our heads like the sword of Damoc1es. The discussions I have had this week completely remove the possibility that I would EVER, under ANY circumstances enter into ANY sort of agreement or even participate in any verbal or written communication with the current "water system" operator, about ANYTHING. This situation is literally driving me into the ground emotionally and physically. I try to make sense of it during the day and I can't seem to concentrate on anything, I try to make sense of it at night and J can't sleep. When even public employees I talk to away from Jefferson County, tell me in so many words I'm getting the regulatory pole it makes it hard to stop thinking about it. It gets more bizarre as each day passes and just increases the stress as the number of ridiculous aspects to this grow. My wife has told me my frustration level and temper have gone from quick to "measured in nanoseconds." Sometimes I don't even notice it. I ask your assistance in resolving this. Thank you. i:løk Cordell Burke PO Box 367 Graham, W A 98338 360 893 2726 360 893 2000 fax BURKE 2/06/02 page 5 of 5 To: Larry Fay Environmental Health Juelanne Dalzell JEFFERSON COUNTY PROSECUTING ATTORNEY Courthouse - P.O. Box 1220 Port Townsend, Washington 98368 Telephone (360) 385-9180 -- FAX (360) 385-9186 Jill Landes, Deputy Prosecutor . Jll:Cl:lIIl:o Michael Haas, Deputy Prosecutor iPEa David W. Alvarez, Deputy Prosecutor ~ 0 '1 200.'1 Tracey 1. Lassus, Deputy Prosecuto~~ Cn.._. 'C Lianne Perron-Kossow, Victim Services ~ ~ ~ MEMORANDUM From: David Alvarez Chief Civil Deputy Prosecutor Re: Cordell Burke, 2/6/02 letter Date: February 7, 2002 I received the attached letter by fax today and am forwarding it to you. Please review Mr. Burke's letter and let me know in writing what it pertains to and if there is anything I need to do about it. J)wJ David Alvarez Chief Civil Deputy Prosecuting Attorney Jefferson County, Washington Iõ)lEt[UWlIE~ ln1 FEB - 7 2002 \1V JEFFERSON COUNTY PROSECUTING ATTORNEY RE: Jefferson County Environmental Health Division Policy Statement # 96-02 Dear Mr. Alvarez, I read an article in the Port Townsend Leader that discussed a motion you were planning to me for reconsideration of the order by the state regarding seawater intrusion and the Jefferson County UDC. The article said that one of the statements in your motion was "Only the Department of Ecology, not the county has the authority to regulate the consumption of well water." J would have to disagree 1000% with this statement, as currently I am under the fist of the most restrictive county well use situation in Western Washington. I know this to be fact as I have spoken to many people at DOE, DOH, and environmental health departments in Kitsap, Clalluffi, Snohomish, Island, Mason and Pierce counties. We purchased two 5 acre parcels in an area so rural there is no store, church or anything else for 20 miles. The property is located at the southern end of the Toandos Peninsula. Jefferson County would force me to hookup to someone else's well 2000 feet away, something I believe no other county would do. Weare being denied the right to drill a well simply because an individual has drilled a well and has been allowed to wrap a water service boundary line around our property. Why am I telling you this? Out of desperation. One of the senior people I spoke to at DOE or DOH suggested this was probably going to have to be decided in court. I find this solution to be a total waste of everyonc~s time and money but am running out of options. The state has said to the counties in RCW 19.27.097 that they MAY require hookup to a "public water system". Jefferson County, in its 96-02 Environmental Health Policy Statement went past that to say "the land owner SHALL be required to connect to a public water system". No comments about cost, exceptions, exemptions, or seemingly anything remotely related to common sense. This is the most ridiculous, far reaching and draconian policy I have ever seen. BURKE 2/06/02 page 1 of 5 .".-."'.~. ..........~_..-.~_._... .......-. on ~_., _, __..___'._ _.~----_._._- No other county I can find does this. Typically, counties use these water hookup ordinances in areas of small lots, or where there are multiple well and or septic system problems, or where competing LEGITIMATE water utilities are threatening to make each other's existence economically unfeasible or to enable development to occur efficiently. There can also be problems with salt water intrusions that sometimes makes hookup a logical step if the utility's we]} is farther away from salt water or has better chloride readings. Many times developments are required to do this, but never 5 acre parcels in the rural areas. The reaction has been pretty much the same from everyone I have spoken to at DOE, DOH and the other county governments; that what is happening to me is not what the state intended by RCW 70.116, WAC 246-293 and E2SSB 5448 and is an extreme example of overregulation. Unfortunately, and with literaHy spirit crushing effects, Jefferson County has turned an obvious (to others) simple situation into a complete nightmare. ] do realize that any county probably has the right to do whatever it wants to it's citizens. When regulation is done with no basis in logic, and with no concern about the results, I do not believe it should be allowed to remain in effect. I have spoken to Mr. Larry Fay and written letters about this on a number of occasions. The most recent was a visit about a week ago. At that time he showed me a copy of a three inch thick document regarding water system regulations and reiterated that the powers to be were going to be revisiting the situation, but he could not say when. In my humble opinion this is not needed, it is the above mentioned 96-02 three page document that is the problem. It isn't a law, it isn't an ordinance, it is just a policy statement that "will remain in force until amended or repealed". In my opinion the health department could revise this rather quickly. My situation: There is an individual who has drilled a well and can serve I believe 5 parcels. He currently serves hinlseH and a neighbor on each of their 3 acre parcels. There are no water lines going anywhere. In between his 3 acre parcel and my 5 acre parcel is a 40 acre block he has} believe approval to cut up into 8 lots. 1 have been told by DOE that the chances of him getting further water fights permits are currently slim to none. 1 have been told by the county that instead of drilling a well] would have to pay for his "water system" to run lines the 2000 feet to where my well would normal1y be located, deal Willi ule ':ill i:ll.:rCb U1 1111'7 In:!/;:'s, cUIU ule LtlU lUUl n::;e l\.~I.JA.l\.ULr:;:)J Ul CUSt i:lb Inen' IS no BURKE 2/06/02 page 2 of 5 -...........--..-.......-- -.--___..11 .--------__..______L_____ --_._._--"""-~.._---- definition of H.EASONAHLE in the Jefferson County Environmental Health Polky Sta tement 96-02. Forget about the logic of his inabUity to even provide water to his own lots, Mr. fay told me he had applied for those under wen water rights. How is it possible his new lots are individual well water approved but not my 5 acre parcels? His wel1 should service his 40 acre subdivision only and not be allowed instead to be forced on to others. Setting aside the basic loss of persona) freedom in being forced to connect to someone else's well in a rural area, and the economic insanity in asking someone to install a 2000 foot water main because there is no real water system, there are numerous other problems. The map of the engineered "water system plan" shows a water line running to my south 5 acre parcel about 400 feet on an easement that has never and wil1 never exist. I cannot understand how a forced water system can be approved to lots where the purveyor has no legal boundary line access. Mr. Fay told me the other day that the well owner, Mr. Heffernan told him recently that he; (Mr. Heffernan) was not aware his water system line went around our property. If Mr. lJeffernan was not aware that his water service area went around our property boundary, how can this water service area be allowed to continue to exist? Mr. Fay suggested aU that is needed is to redraw the lines. If the line is not redrawn, that reaffirms to me that the water service boundary was intentionally drawn as it is. The remaining aspects are hypothetical. Hypothetically an individual could design a water system to force his or her neighbors to pay for his development's water system. Hypothetically said individual could refer to one or more of his now restricted neighbors as "cash cows." Hypothetically, Jefferson Counly could require someone to connect to a "water system" that is on property that seems to always have the maximum years of unpaid taxes (as per Jefferson County's website). HypothetìcalJy this may indicate Jefferson County is forcing someone to pay thousands and thousands of dollars to hookup to a "water system" that may not be able to meet future financial obligations for quality service. ...........1 .1'-"'L.a...-It.&'-.IL.4..I.J.J' )'-"..I..\.....J¡'..::n......' '-'U\.....J..L\.} \,...\...H...U..\...t J.\..-\.jUl.1.\...- ~VIJ.L~VJ.1C. l\.1 ~l\.Jf...'J\. U.p l\) Q V\'dlt::l ~J/~lelll operated by SOlneone who seems to be embroiled in a constant array of lawsuits from his or her neighbors, again, hindering the financial viabìlity of the "water system." BURKE 2/06/02 page:> of 5 11 Hypothetically there could be an incident where a prominent Jefferson county attorney attempts to deliver legal documents to the "water system" operator. The attorney's process server hypothetically ends up seeing the' business end of a gun. Hypothetically, Jefferson County may be trying to force individuals to enter into a business relationship for the most critical of all items, waterl with an individual that hypothetically is not someone they would EVER otherwise enter into a contract with. Hypothetically, Jefferson County could force an individual to hookup to a "water system" owned by someone who was/is chairman of the WUCC (Water Utility Coordinating Council). This committee wrote the very water regulations that the individual is contesting including the requirement that the county write the 96-02 policy statement 1isted above that positively locks in those who might refuse to pay for someone else's "public water system". Hypothetica1Jy, wouldn't that constitute a conflict of interest that any unbiased judge or jury would see? This business of allowing an individual to simply wrap lines around other parcels and seize their water rights, with NO NOTICE¡ NO HEARING, NO l..EGAL ALTERATION OF THE DEED IS WRONG. I refer not to legitimate utility districts serving lots that would require their services. Mv property in Pierce County shows 1 do not have the mineral rights, the railroad does. Hypothetically there could be an incident where a prominent Jefferson county attorney attempts to deliver legal documents to the "water system" operator. The attorney's process server hypothetically ends up seeing the business end of a gun. Hypothetically, Jefferson County may be trying to force individuals to enter into a business relationship for the most critical of all items, water, with an individual that hypothetically is not someone they would EVER otherwise enter into a contract with. Hypothetically, Jefferson County could force an individual to hookup to a "water system" owned by someone who was/is chairman of the WUCC (Water Utility Coordinating Council). This committee wrote the very water regulations that the individual is contesting including the requirement that the county write the 96-02 policy statement listed above that positively locks in those who might refuse to pay for someone else's "public water system". HypotheticaHy, wouldn't that constitute a conflict of interest that any unbiased judge or jury would see? This business of a]lowing an individual to simply wrap lines around other parcels and seize their water right,;, with NO NOTICE, NO HEARING, NO LEGAL ALTERATION OF THE DEED IS WRONG. 1 refer not to legìtimate utility districts serving lots that would require their services. My property in Pierce County shows I do not have the mineral rights, the railroad does. How can the loss of rights for coal be required to be listed on a property deed, but not the loss of water, something infinitely more precious? In one stroke of the pen Jefferson County removed the water rights of many people, for no valid reason. I've been told there is no problem driHing the wells I want, as long as I don't use it for drinking water! I request the following. I want to be removed from this "water system", totally, permanently. I want just the basic freedoms one expects with rural property. I have another 8 acre parcel of water front property that has not been roped into this "water system" abutting my middle 5 acre piece to the south. I need to be able to plan the most effective water distribution. We thought we might put a cabin on the waterfront piece. It is timbered with very large trees (that took us 10 years to find) and a cabin would be much simpler. Maybe in the future a house up on the top 5 acres that was logged off by the previous owner. Not being permanently removed from this "water system" disaster would leave it hanging over our heads like the sword of Damoc1es. BURKE 2/06/02 page 4 of 5 The discussions J have had this week completely remove the possibility that 1 would EVER, under ANY circumstances enter into ANY sort of agreement or even participate in any verbal or written communication with the current "water system" operator, about ANYTHING. This situation is literally driving me into the ground emotionally and physically. I try to make sense of it during the day and J can't seem to concentrate on anything, I try to make sense of it at night and J can't sleep. When even pul>Iic employees I talk to away from Jefferson County, tell me in so many words I'm getting the regulatory pole it makes it hard to stop thinking about it. It gets more bizarre as each day passes and just increases the stress as the number of ridiculous aspects to this grow. My wife has told me my frustration level and temper have gone from quick to "measured in nanoseconds." Sometimes I don't even notice it. I ask your assistance in resolving this. 1 fear it will probably end up in your lap anyway. Thank you. Sh~ t4 Cordell Burke PO Box 367 Graham, W A 98338 360893 2726 360 893 2000 fax BURKE 2/06 /02 page 5 of 5 Q: ~ ::' Q~ .~ a.. ~ E: Of Q.. ~ ~ (õ '!Q a: ol'" 0 0 E ~ ~D' ~ <1:Jl[~~ 11) Q) 9 e .J... ..c ': 0... Q ~ ,.., ~ Q! fJ) :c IJ.. t- :;:) ~ r- O-w- 0 ~'/- ~ r e a.. ~ 8 ;\ ..., i ~ 00 - . 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"") HP OfficeJet Personal Printer/Fax/Copier Fax Log Report Feb-07-02 08:47 AM Identification Result Pages ~ Date Time Duration Diagnostic Error on page 4 04 Received Feb--07 02:18A 00:04:55 001004230000411 I.S.O 2.. - -, -..... '-''-'" - - ,. . .. u cc;: t\\)? ì/ lID~ '1)::.1) ) January II, 2002 Hon. Dan Tittemess, County Commissioner Hon. Glen Huntingford, County Conuuissioner HOB. Richard Wojt, County Conunissioner Charles Saddler, Jefferson County Administrator 5) \? (r~ ~' Ii \U.( b \~ ~:: L.! Un.1 1\. ' l' " JAN 11 2002 i\ f¡ í7= ¡-, I\!' 1'-, 1'-',' \~. I.; Ii 'J' it ,1 L:.~~/ RE: JEFFERSON COUNTY Letter suggested by Mr Saddler during our phon~~~¡ál~lmSâfO~ÍRS January pertaining to Jefferson County's implentation of Washington State's Public Water System Coordination Act laid out in RCW 70.116, WAC 246-293 and E2SSB 5448 RE:2 Forcing large lot. owners (5+acres) to hook up to someone else's well when there is absolutely no environmental. economic or other reason. (First, Mr. Saddler, thanks for taking the time at closing yesterday to hear my comments. I'd been on the phone for about 9 hours straight and was probably a bit punchy. My last call was from a Mr. Don Davidson of either DOH or DOE. I was hoping he might have a l11agic bullet for me, some form I need to send in to make all this make sense to Jefferson County so it would all be resolved. Instead during the conversation he suggested I contact an attorney. It was somewhat out of desperation and depression I called Jefferson County at 4:40pm, to see if something else could be done.) The arguments against how Jefferson County is implementing the above act are many. Tbese arguments fall into four areas: I. How Jefferson County has worded the local ordinance, 2. A seen1ingly total disregard of the spirit if not the letter of the state's intent in setting up these "Critical Water Areas". 3. An appearance of a possible conflict of interest in the forming of the ordinance. 4. The situation with my particular land and this particular purveyor. I, In the Jefferson County Strategic Plan. in the "Vision Statement", 4th line it reads. "Where the eryoyment of a rural lifestyle is allowed without the necessity q( urban services." This means a lot, if any of you have ever lived in a rural setting. This water plan, as it is currently being used against large lot owners, (5ac+) removes any comfort one may take from being independent. and any thought of enjoying a relaxed rural atmosphere. Puget Sound Energy doesn't care jf I have a windmill or a generator, and I can't have my own water? In the Jefferson County Strategic Plan in GOALS and STRATEGIES, 3rd Section it reads: 3. a. Improve the balance between the cost qf housing and earned income. £. FOl"mulate policies and if appropriate initiate or implement programs to reduce or eliminate art{{icial barriers to q[fordable housing. b. Review institutional impediments to affordable housing development and/or expansion and develop policies to overcome these impediments. i. Reduce or eliminate artifl.dal barriers to q[fordable housing in aU geographic locations of the County. If this water plan isn't totally contrary to the above I don't know what could bc a bigger blow to housing costs. And In the Jefferson County Strategic Plan under ADMINISTRATORS' OBJECTIVES: (2nd one) it reads: "Direct the various departments to evaluate their programs and ensure that they further the vision of the County." Just the simple reading of Jefferson County's Strategic Plan. tells me that the current wording and/or implementation of the ACWSP is 180 degrees in conflict. 2. I have read the 3 state Codes listed above backwards and forwards. I have spent a great amount of time speaking to the Washington Departments of Ecology and Health as we]} as county officials in a number of western Washington counties. FrOln this I think the intent of the CWSP / ACWSP was to mitigate the following situations. Problems with lots of small lots struggling to maintain septic, well and property line setbacks. Problems in areas with salt water intrusion or likely intrusion due to addcd wells near the shoreline. Unreliable water service due to Inultiple small inadequately financed purveyors. MuUiple purveyors requiring redundant systems/lines/tanks etc reducing economic efficiencies. BORKe 3 Lack of water facilities for current or planned developments (shorl plats). I spoke to a Mr. Skowrya tonight who said the Water Utility Coordinating Committee he is/was on put together the Coordinated Water Ordinance for Jefferson county. When I went over the reasons I felt it was wrong and unneeded to force someone with 5 acres to join, he commented that they put that requirement in so less wells would be drilled. 1 find this statement extremely ironic, because Mr. Fay has told me on a couple of occasions that there is no probleul with Ine drilling any wells, as long as they are for IRRIGKrION! (I just can't drink the water!). 1 am unable to see how pumping out hundreds (thousands?) of gallons a day to lrrigate Is less damaging to the aquifer then the relatively small amount a house needs. I can't see how the area my property is located can possibly qualify under any of the above problems. It is zoned 5 acre minimum and will probably stay that way for a very long time (that is the hope of the people I have spoken to in the area) The state specifically excludes in 246-293-110 any water system serving one single fan1ily residence from the definition of "public water system." An owner with one well on one lot that does not sell water also is excluded from the definition of "water purveyor". This is what everybody else seems to follow as to forcing someone to hookup to their neighbor's well. From the above, I feel the county has ignored the reasons that the state produced RCW 70.116 and WAC 246-293 and have applied it to an area that docs not meet any of the state criteria. The formation of new community water systems from what I have been able to find out is done when there 1s a demand for water by a group of neighbors, or by a developer on his own property. Other large lot owners can opt in, but I havc been unable to find another county that would force this on an unwilling party. Even Kitsap county, which has far more developed land, does not force hookups if you have 1 acre. At that point on downward, they start looking closer at septic setbacks, soil quality etc. even then it can be waived. In discussing this situation with surrounding counties, employees of DOH or DOE, well dr1llers, contractors and citizens the response has been basically unanimous, with responses ranging from the unprintable, to ..that can't be right" to "I've never heard of such a thing." OO/(ke.. if 3. No hint of wrongdoing is to be inferred or taken from the folloWing statement: l1ìnd it frightening that the chairman of the Water Utility Coordinating Cormnittee is none other then the owner of the 40 acre developlnent who has wrapped his tentacles around my property. Hypothetically speaking, if I had 40 acres and wanted to develop it, it would help me greatly to be able to write county ordinances that would take away my neighbors water rights, and force them to subsidize my development's water system. What better way to make this work. than by haVing the county standing by me to refuse to issuc building pernùts. Again, hypothetically speaking, that's how I would feel, if I had 40 acres. 4. The situation with ITIY particular land and my particular purveyor also make forcing this situation on me unbelievably harsh and unreasonable. My neighbors to the west, Mr. and Mrs. Hilliard. recently went through this with you. They actually contacted the purveyor, who gave them an estimate of $12,000 to get water the 8-900 feet to their north property line, they would also have to pay for the remaining 800 feet to their cabin. After that they would be required to repair the purveyor's road that would be dug up (about 800 feet), plus the 800 feet of road across their property. To get where I would need the water the line would have be extended another 1300 feet. This is not a developed area, there are no public roads. this is not a matter of me wanting to save 10 cents by not hooking up to a real utility right in front of my house. We estimate the well cost to be about $6500 if we use the weB drHler's (who has done many wells in this area) suggested location. The state and I believe Jefferson County has no definition of what "reasonable" cost is. If the cost of the connection, and all future water bills is $1 more then a well, it is unreasonable. given no health concerns exist with this property. I've lived with a well here in Pierce County for 20 years, I am aware of the usual homeowner problems, pesticides, improper disposal of motor oil, household CheITIicals etc. I still turn my water off as quick as I did as a kid on city water with mom yelling at me. The well driller has informed me that the state requires (he said he would do it even if they didn't) an excellent well seal. You can contact a Mr. Jared Davis at 360-586 2510 (DOE or DOH). He is the gentleman that approved the purveyor's well. He will have more accurate details, but his feeling seems to be this should be a dead issue as the purveyor wants to chop his 40 acres up into 8 lots. he is sexving his house and another ... _." I. ~, .__..._1 feeling among the DOH "and -DOE people I talked to is that ~e chance of increasing that are slim at best. if ever. There are no lines, Just the wen r ßor<.K~ ~ 2000+feet away, 200? feet below the elevation of my site. It is inter~sting to note that the purveyor's plan shows a connect line for one of my 5 acre pieces running down a non eXistant easement. If I sell my north lot he has no way to get water to the south lot without a 6-8000 foot journey around Smith Lane. How can a water service map be designed with non existant easements shown? And giving thousands of dollars to a non-eXistent ( in reality) water company wouldn't n1ake sense to anyone. This is not a typical dispassionate utility that operates with set guidelines. Where does the money come from when something happens to this "water company." I have tried to make sense of this situation and look atít objectively, but I can find no sanity to this. One of the reasons we bought this 10 acres was that there was a huge logging action, a mess, wrong types of permits were allowed I believe. DNR completely botched the deal. the loggers left about 25 acres of slash in a pile about 130 x 60 x 25 feet high with a mat of dry slash leading everywhere. Everyone in the area was a bit nervous. it was primarlly cedar (long life, easy to burn) We bought it, spent 25K getting it cleaned up, (with all pennits). Mter spending a month staying in an RV up there, running after sparks, eating smoke, falling down, DNR said it didn't like the fact that we also cleaned up the slash mat, basical1y said we could be stomped on. If it wasn't for a full-of-common-sense guy at JC, Randy Kline, we probably would have been. T h~\TP h~r1 ~n ~r1ininind nip~p {not in tnp "¡;:tnlpn" l!.anrl !.arpa\ ah^"t R af"rt<>c 0'" 2000+feet away, 200'1 feet below the elevation of my site. It is interesting to note that the purveyor's plan shows a connect line for one of my 5 acre pieces running down a non existant easement. If 1 sell my north lot he has no way to get water to the south lot Without a 6-8000 foot journey around Smtth Lane. How can a water service map be designed With non existant easements shown? And giving thousands of dollars to a non-existent ( in reality) water company wouldn't make sense to anyone. This is not a typical dispassionate utility that Opel"ates with set guidelines. Where does the money come from when something happens to this "water company." I have tried to make sense of this situation and look at it objectively, but I can find no sanity to this. One of the reasons we bought this I 0 acres was that there was a huge logging action, a mess, wrong types of permlts were allowed I believe. DNR completely botched the deal, the loggers left about 25 acres of slash in a pile about l30 x 60 x 25 feet high with a mat of dry slash leading everywhere. Everyone in the area was a bit nervous, it was prtmarily cedar (long life, easy to burn) We bought it, spent 25K getting it cleaned up, (with aU permits). Mter spending a month staying in an RV up there, running after sparks, eating smoke, falling down. DNR said it didn't like the fact that we also cleaned up the slash mat, basically said we could be stomped on. If Jt wasn't for a full-of-common-sense guy at JC, Randy Kline, we probably would have been. I have had an adjoining piece (not in the"stolen" land area), about 8 acres on the water, for about 12 years. I have had various contacts with Jefferson County over the years and was quite amazed at the relaxed frtendly atmosphere compared to what it can be like here in Pierce County. VisitJn~ the folks at the Jefferson County offices was like stepping back to 1955, and that is the biggest complement I could pay anyone, This whole business with the water right loss is a real kick in the gut. I feel this is certainly not what Jefferson County 1s known for. I do not understand how someone can simply lasso my property. with no record on the title of the loss and leave me with no out. Even my property in Graham has a note on the title stating we do not have the mineral rights, how is that loss of water is less serious? With the money we have tied up in the 3 properties, having this problem hanging over our heads has not made for a pleasant 2 months. I haven't slept properly in weeks, 1 Just mull over at night what I could do to solve this. vCI-' .JV,UV LV·Vö ï.UL ,"--,v' , '" ......... ..... Mr. Davis mentioned that. he had spoken to Mr. Larry Fay and that Mr. Fay was planning on having the water system rechecked for viability ( I think he said). That is nice, but it does not address what I feel to be a truly draconian measure, forcing 5 acre parcels. in truly rural areas to be at the mercy of a private individual. I'm confident there are ordinances out there that allow a county to do as they please with their residents. However, telling someone they can't drill a well and can't build a cabin in a rural area, to live quietly and independently on their own, is unbelievable harsh. J can see this coming out of King County, but not Jefferson County. Thank you. Sincerely, ~ Cordell Burke &/11 th{·a..r&l1/l-<!- Cynthia Burke PO Box 367 Graham, WA 98338 360 893-2726 360 893-2000 fax Abatement of Public Health NuisancesNiolations Jefferson County Board of Health May, 2002 In March 2002 the Jefferson County Board of Health directed staffto research abatement procedures being employed by other jurisdictions. The interest in abatement as a compliance tool stems fÌom certain long term violations of provisions of the Jefferson County Health Code that tradition compliance procedures have failed to resolve. Staff contacted all county environmental health departments in Washington via the directors list serve, interviewed staff of the Bremerton-Kitsap Health District, Tacoma-Pierce Health District and the Klickitat County Health Department. Staff also reviewed existing statutes and regulations that address abatement. As with most legal issues, laws pertaining to abatement are somewhat confusing. Local boards of health and local health officers have the authority to order the abatement of public health nuisances (RCW 70.05.060 & 20.05.070) however, in practice abatement procedures have not been broadly utilized by health agencies in Washington. This appears to be largely due to the fact that affecting an abatement remedy requires a large commitment of legal resources. Of the agencies that responded, only Klickitat County Bremerton-Kitsap and Tacoma-Pierce are actively pursuing abatements. I have provided copies ofthe enforcement codes fÌom Klickitat County and Bremerton-Kitsap for your reference. Klickitat County enforces all of its ordinances with the exception of the food code through a code enforcement officer housed in the building department. Their enforcement procedure relies heavily on use of civil infÌactions but does provide for abatement if there is not corrective action. The county is well funded ftom revenues generated by the regional landfill located there. Bremerton-Kitsap Health District program staff initiates and follow through with enforcement of district ordinances. Their approach is to progressively ratchet up ftom a notice and order to correct a violation to civil inftaction followed by abatement. Staff reports that civil inftactions have been very effective at achieving corrective action. Only rarely have they had to initiate an abatement order. Pierce County has recently initiated a high profile program to stamp out a so-called "dirty dozen" public nuisances. These are a number of long-term nuisance situations that have not been corrected in spite of past corrective orders. The effort has been initiated at the direction of the county executive and is being done under general county government rather than the health district. It does not involve the creating of new codes. Rather it relies on exìsting statutes and authorities. The significant factor in this effort is the major commitment of staff resources. The executive has reportedly funded three to four full time prosecutors to handle the dozen or so cases. Procedurally, abatements are addressed in RCW 7.48. Orders or warrants for abatements are issued upon a judgment that a person is guilty of a nuisance. The expense of abating ..~ nuisances by warrant can be collected in the same way as damages and costs are collected. In the event that a person is found guilty of a nuisance in district court, the court would transfer the case to superior court upon an application for abatement. Upon review ofthis information, the staff recommendation to the Board of Health is that we follow the Bremerton-Kitsap model by adopting a standardized compliance code. In the code we can define violations of our technical ordinances (sewage, water, solid waste and food) as nuisances and civil infractions. This results in getting alleged violators in front of the district court judge with little reliance on support from the prosecutor's office. We would reserve abatements for the hard cases that failed to respond to civil remedies and hopefully would have the prosecutor's support to pursue those relatively few cases. A large part of this work has already been done with the code compliance policy (as yet to be acted upon) that we drafted for the county. RCW 70.05.060 Powers and duties of local board of health. Each local board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall: (1) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.0401 if anYI the public health statutes of the state and rules promulgated by the state board of health and the secretary of health; (2) Supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction; (3) Enact such local rules and regulations as are necessary in order to preserve 1 promote and improve the public health and provide for the enforcement thereof; --7 (4) Provide for the control and prevention of any dangerous 1 contagious or infectious disease within the jurisdiction of the local health department; (5) Provide for the prevention, control and abatement~ of nuisances detrimental to the public health; (6) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; and (7) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health: PROVIDED 1 That such fees for services shall not exceed the actual cost of providing any such services. [1991 c 3 § 308; 1984 c 25 § 6; 1979 c 141 § 79; 1967 ex.s. c 51 § 10.] (9) Take such measures as he or she deems necessary in order to promote the public health, to participate in the establishment of health educational or training activities, and to authorize the attendance of employees of the local health department or individuals engaged in community health programs related to or part of the programs of the local health department. [1999 c 391 § 5; 1993 c 492 § 239; 1991 c 3 § 309; 1990 c 133 § 10; 1984 c 25 § 7; 1979 c 141 § 80; 1967 ex.s. c 51 § 12.] NOTES: :7 RCW 70.05.070 Local health officer -- Powers and duties. The local health officer, acting under the direction of the local board of health or under direction of the administrative officer appointed under RCW 70.05.040 or 70.05.035, if any, shall: (1) Enforce the public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations and ordinances within his or her jurisdiction including imposition of penalties authorized under RCW 70.119A.030, the confidentiality provisions in RCW 70.24.105 and rules adopted to implement those provisions, and filing of actions authorized by RCW 43.70.190¡~ (2) Take such action as is necessary to maintain health and sanitation supervision over the territory within his or her jurisdiction¡ (3) Control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction; (4) Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion and improvement of health within his or her jurisdiction¡ (5) Prevent, control or abate nuisances which are detrimental to the public health; ~ (6) Attend all conferences called by the secretary of health or his or her authorized representative¡ (7) Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health; (8) Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans¡ RCW 43.70.190 Violations -- Injunctions and legal proceedings authorized. The secretary of health or local health officer may bring an action to enjoin a violation or the threatened violation of any of the provisions of the public health laws of this state or any rules or regulation made by the state board of health or the department of health pursuant to said laws" or may bring any legal proceeding authorized by law, including but not limited to the special proceedings ~ authorized in Title 2 RCW, in the superior court in the county in which such violation occurs or is about to occur, or in the superior court of Thurston county. Upon the filing of any action, the court may, upon a showing of an immediate and serious danger to residents constituting an emergency, issue a temporary injunctive order ex parte. "ab"feÞÁ! [1990 c 133 § 3; 1989 1st ex.s. C 9 § 258; 1979 C 141 § 55; 1967 ex.s. C 102 § 5. Formerly RCW ~.20A.650 and 43.20.170.] Page 1 0[2 RCW 9.66.010 Public nuisance. A public nuisance is a crime against the order and economy of the state. Every place (1) Wherein any fighting between people or animals or birds shall be conducted; or, (2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or, (3) Where vagrants resort; and Every act unlawfully done and every omission to perform a duty, which act or omission (1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or, (2) Shall offend public decency; or, (3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley, highway, or municipal transit vehicle or station; or, (4) Shall in any way render a considerable number of persons insecure in life or the use of property; Shall be a public nuisance. [1994 c 45 § 3¡ 1971 ex.s. C 280 § 22¡ 1909 C 249 § 248¡ 1895 C 14 § 1¡ Code 1881 § 1246¡ RRS § 2500.] NOTES: Findings -- Declaration -- Severability -- 1994 c 45: See notes following RCW7~_~_ª_~_~_~_º. Severability -- Construction -- 1971 ex.s. c 280: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected: PROVIDED, That should provisions of this 1971 amendatory act pertaining to the playing of bingo, or holding raffles, permitting the operation of amusement games be held invalid or unconstitutional by the supreme court of the state of Washington as being violative of Article II, section 24, of the Constitution of the state of Washington, then the provisions hereof relating to each such item as aforesaid specifically declared invalid or unconstitutional by such court shall remain inoperative http://search.leg.wa.gov/wslrcw/RCW%20%20.. ./RCW%20%20%209%20. %2066%20. 01 O.ht 4/4/02 Page 2 of2 unless and until the qualified electors of this state shall approve an amendment to Article III section 241 of the Constitution which may remove any constitutional restrictions against the legislature enacting such laws." [1971 ex.s. c 280 § 21.J Boxing and wrestling regulated: Chapter§7~º8 RCW.Devices simulating traffic control signs declared public nuisance: RCW 47.}6.1ª0.Highway obstructions: Chapter 47~32 RCW.Navigationl obstructIng: Chapter 88.28 RCW.Parimutueibetting on horse races permitted: RCW 67.16.060. http://search.leg.wa.gov/wslrcw/RCW%20%20. ../RCW%20%20%209%20. %2066%20.01 O.ht 4/4/02 Page I of 1 RCW 9.66.030 Maintaining or per.mitting nuisance. Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance; and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guiity of a misdemeanor. [1909 c 249 § 250; Code 1881 § 1248; 1875 p 81 § 14; RRS § 2502.] http://search.leg. wa.gov/wslrcw/RCW%20%20%209%20%20TITLE/RCW%20%20%209%2... 3/12/02 Page I of 1 RCW 9.66.040 Abatement of nuisance. Any court or magistrate before whom there may be pending any proceeding for a violation of RCW ~jJ6.03-º-, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the qhA~~ maintenance thereof destroyed by the sheriff at the cost of the 6--'- "¡'þ defendant: PROVIDED, That if the conviction was had in a district " I court, the district judge shall not issue the order and warrant of S'''ferl''+ abatement, but on application therefor, shall transfer the cause to CØ~r the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein. [1987 c 202 § 140; 1957 c 45 § 4; 1909 c 249 § 251; Code 1881 §§ 1244, 1245; 1875 p 80 §§ 10, 11; RRS § 2503.] NOTES: Intent -- 1987 c 202: See note following RCW 2.04.190. Jurisdiction to abate a nuisance: State Constitution Art. 4 § 6 (Amendment 28). http://search.leg. .wa.gov/wslrcw/RCW%20%20%209%20%20TITLE/RCW%20%20%209%2.. 3/12/02 .. Chapter 7.48.010 RCW - The Washington State Legislature Page 1 of I LE!Ui$JªtLJ[E!tlQmE! AÞQ!JtJJ$m E-Mail Lists ". __.._..................mm...........·· §E!ªrçh tlE!lp RCW TITLE$» TlTlJ;]» Çt:tA.EI~KZAª» SECTION 7.48.010 PrÎfìLY E?r~iºr1 RCW 7.48.010 Actionable nuisance defined. The obstruction of any highway or the closing of the channel of any stream used for boating or rafting logs, lumber or timber, or whatever is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property, is a nuisance and the subject of an action for damages and other and further relief. [Code 1881 § 605; 1877 P 126 § 610; 1869 P 144 § 599; 1854 P 207 § 405; RRS § 943.] NOTES: Crimes malicious mischief: Chapter~,ºl RCW. public nuisance: RCW 9.66.010. http://www .leg. wa.gov /RCW lindex.c:fi:n ?fuseaction=section&section=7 .48. 010 5/6/02 Chapter 7.48.020 RCW - The Washington State Legislature Page 1 óf 1 LegislatllreH9ffiª AþQlItV§ E-Mail Lists $ªªfch Hªlp RCW TITl"ES» TITl,,£:]» QHAPTI;ßZ,4ª» SECTION 7.48.020 Pril1t..V~f§iº11 RCW 7.48.020 Who may sue -- Judgment for damages -- Warrant for abatement -- Injunction. Such action may be brought by any person whose property is, or whose patrons or employees are, injuriously affected or whose personal enjoyment is lessened by the nuisance. If judgment be given for the plaintiff in such action, he or she may, in addition to the execution to enforce the same, on motion, have an order allowing a warrant to issue to the sheriff to abate and to deter or prevent the resumption of such nuisance. Such motion shall be allowed, of course, unless it appear on the hearing that the nuisance has ceased, or that such remedy is inadequate to abate or prevent the continuance of the nuisance, in which latter case the plaintiff may have the defendant enjoined. [1994 c 45 § 5; 1891 c 50 § 1; Code 1881 § 606; 1877 p 126 § 611; 1869 p 144 § 560; 1854 p 207 § 406; RRS § 944.] NOTES: Findings -- Declaration -- Severability -- 1994 c 45: See notes following RCW 7.48.140. http://www.leg.wa.gov/RCW/index.cfin ?fuse~ction=section&section=7.48. 020 5/6/02 · Chapter 7.48.030 RCW - The Washington State Legislature Page 1 of I Legi$JªtlJJªJjºrTIª About Us ....-.._.--......-..............-........--_........ E..MªiLl,i§1$ $ªªrGt) tt~lp RCW TITLI;$ »TIILI;! » QJ:::Ifl..EIJ;8Z,4ª» SECTION 7.48.030 PrÎfltYf?f$ipfl RCW 7.48.030 Issuance and execution of warrant. If the order be made, the clerk shall thereafter, at any time within six months, when requested by the plaintiff, issue such warrant directed to the sheriff, requiring him forthwith to abate the nuisance at the expense of the defendant, and return the warrant as soon thereafter as may be, with his proceedings indorsed thereon. The expenses of abating the nuisance may be levied by the sheriff on the property of the defendant, and in this respect the warrant is to be deemed an execution against property. [Code 1881 § 607; 1877 P 126 § 612; 1869 P 145 § 561; 1854 P 207 § 407; RRS § 945.] http://www.leg.wa.gov/RCW/index.cfin ?fuseaction=section&section=7.48. 030 5/6/02 Chapter 7.48.040 RCW - The Washington State Legislature Page 1 of 1 LegislªtLJTE!HQrTlE! AþQLJtV§> .. E-Mail Lists ..'...-....-...........,..........-..,--......---.....".... $E!ªTGh HE!lp RCW TITI.-ES » TITLE':] » QHAPIE':ßZ.48 » SECTION 7.48.040 PrintYE!r~ion RCW 7.48.040 Stay of issuance of warrant. At any time before the order is made orthe warrant issues, the defendant may, on motion to the court or judge thereof, have an order to stay the issue of such warrant for such period as may be necessary, not exceeding six months, to allow the defendant to abate the nuisance himself, upon his giving bond to the plaintiff in a sufficient amount with one or more sureties, to the satisfaction of the court or judge thereof, that he will abate it within the time and in the manner specified in such order. The sureties shall justify as provided by law. If the defendant fails to abate such nuisance within the time specified, the warrant for the abatement of the nuisance may issue as if the same had not been stayed. [1957 c 51 § 11; Code 1881 § 608; 1877 P 127 § 613; 1869 P 145 § 562; RRS § 946.] NOTES: Corporate surety -- Insurance: Chapter 4ª._~ª RCW. http://www .leg. wa. gov /RCW /index.cfm ?fuseaction=section&section=7 .48. 040 5/6/02 Page 1 of I RCW 7.48.160 Authorized act not a nuisance. Nothing which is done or maintained under the express authority of a statute, can be deemed a nuisance. [Code 1881 § 1238; 1875 p 79 § 4; RRS § 9916.J http://search.1eg. wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 Page I of 1 RCW 7.48.170 Successive owners liable. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property caused by a former owner, is liable therefor in the same manner as the one who first created it. [Code 1881 § 1239; 1875 p 79 § 5; RRS § 9917.] http://search.leg. .wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2.. 3/12/02 Page I of 1 RCW 7.48.180 Abatement does not preclude action for damages. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. [Code 1881 § 1240; 1875 P 79 § 6; RRS § 9918.] http://search.leg.wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 -?> Page 1 of 1 RCW 7.48.190 Nuisance does not become legal by prescription. No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. ¿f::; [Code 1881 § 1241; 1875 p 80 § 7; RRS § 9919.] http://search.leg. wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 Page I of I RCW 7.48.200 Remedies. The remedies against a public nuisance are: Indictment or _informatio~, a civil action, or abatement. The remedy by 'indictment or information shall be as regulated and prescribed in this chapter. When a civil action for damage is resorted to, the practice shall conform to RCW 7.48.010 through 7.48.040. [1957 c 51 § 12; Code 1881 § 1242; 1875 P 80 § 8; RRS § 9920.] http://search.leg. .wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2.. 3/12/02 Page 1 of 1 RCW 7.48.210 Civil action, who may maintain. A private person may maintain a civil action for a public nuisance, if it is specially injurious to himself but not otherwise. [Code 1881 § 1243; 1875 p 80 § 9; RRS § 9921.) http://search.leg. wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 RCW 7.48.220 Abatement, by whom. A public nuisance may be abated by any public body or officer authorized thereto by law. [Code 1881 § 1244; 1875 P 80 § 10; RRS § 9922.] Page I of I http://search.1eg. .wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2.. 3/12/02 Page 1 of 1 RCW 7.48.230 Public nuisance -- Abatement. Any person may abate a public nuisance which is specially injurious to him by removing, or if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. [Code 1881 § 1245; 1875 p 80 § 11; RRS § 9923.] http://search.leg. .wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2.. 3/12/02 Page I of I RCW 7.48.250 Penalty Abatement. Whoever is convicted of erecting, causing or contriving a public or common nuisance as described in this chapter, or at common law, when the same has not been modified or repealed by statute, where no other punishment therefor is specially provided, shall be punished by a fine not exceeding one thousand dollars, and the court with or without such fine, may order such nuisance to be abated, and i~sue a warrant as hereinafter provided: PROVIDED, That orders and warrants of abatement shall not be issued by district judges. [1987 c 202 § 136; 1957 c 45 § 1; Code 1881 § 1248; 1875 P 81 § 14; RRS § 9925.] NOTES: Intent -- 1987 c 202: See note following RCW 2.04.190. http://search.leg.wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 Page I of 1 RCW 7.48.260 Warrant of abatement. When, upon indictment or information, complaint or action, any person is adjudged guilty of a nuisance, if it be in superior court the court may in addition to the fine imposed, if any, or to the judgment for damages or costs, for which a separate execution may issue, order that such nuisance be abated, or removed at the expense of the defendant, and after inquiry into and estimating, as nearly as may be, the sum necessary to defray the expenses of such abatement, the court may issue a warrant therefor: PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein. [1987 c 202 § 137; 1957 c 45 § 2; Code 1881 § 1249; 1875 p 81 § 15; RRS § 9926, part. FORMER PARTS OF SECTION: Code 1881 § 1250; 1875 p 81 § 16.] NOTES: Intent -- 1987 c 202: See note following RCW 2.04.190. http://search.leg.wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 Page 1 of I RCW 7.48.270 Stay of warrant. Instead of issuing such warrant, the court may order the same to be stayed upon motion of the defendant, and upon his entering into a bond in such sum and with such surety as the court may direct to the state, conditioned either that the defendant will discontinue said nuisance, or that within a time limited by the court, and not exceeding six months, he will cause the same to be abated and removed, as either is directed by the court, and upon his default to perform the condition of his bond, the same shall be forfeited, and the court, upon being satisfied of such default, may order such warrant forthwith to issue, and an order to show cause why judgment should not be entered against the sureties of said bond. [1957 c 45 § 3; Code 1881 § 1251; 1875 p 81 § 17; RRS § 9927.] http://search.leg. wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 P'dge 1 of 1 RCW 7.48.280 Costs of abatement. The expense of abating a nuisance, by virtue of a warrant, can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences, or other things that may be removed as a nuisance, may be first levied upon and sold by the officer, and if any of the proceeds remain after satisfying the expense of the removal, such balan~e must be paid by the officer to the defendant or to the owner of the property levied upon, and if said proceeds are not sufficient to pay such expenses, the officer must collect the residue thereof. [Code 1881 § 1252; 1875 p 82 § 18; RRS § 9928.] http://search.1eg. wa.gov/wslrcw/RCW%20%20%207%20%20TITLE/RCW%20%20%207%2... 3/12/02 Sent By: KLICKITAT CO#HEALTH DEPT; 509~~~E:WeD FEB 26 2002, Jefferson County Environmental HeàIth Feb-26-02 3:45PM; Page 1 Kr.¡CKJTAT COUNTY DEPARTMENT OF PUBLIC HEALTH 2 w. MAiN STREET, SUITI:: 13, GOLDITNDALE WASHINGTON 98620 ~ VOle:¡¡ 509 773-4565 . FAX 509 773-5991 KßVIN BARR Y: DIRECTOR OF PuBLIC I [UALTH Fax Cover Sheet TO: Name/Office Address FROM: RE: COMMENTS: {/2~ 1It!-J~ . ~hl~--:--\ 'mCU rÁ (i;;tf- ~ I3ó ff ~ 9Ar~d . 1 #OF PAGES (including cover sh<.!ct) Sent By: KLICKITAT CO#HEALTH DEPT; 5097735991 ; Feb-26-02 3:45PM; Page 2 ~. TABLE OF CONTENTS .-' Article I Program Ac.ùninistr .. . . .. . .. . .. . .. . . . . . .. . . .. ... . . . . .. .. Section 1. P .. . .. . . . . . . . . . . . . . . . . . . . .. . .. . .. . . . .. Section 2. S pe .. . . . . . . .. .. .. .. . . . . __ . __ . __ . .. . __ . . . Section 3. A :thority ..................................... Sectíon 4. D finîtions ..................................... RECEIVED FEB 2 6 2002 Jefferson County Environmental Health 1-1 1-1 1-1 1-2 1-2 Article II Complaint Proced ... ... . . . ... ... ... . ...... ... ... .. .... II-I Section 1. T : es of Complaints .. ... .. '" ... .. .... 11-1 Section 2.mplaint Form .... ... .. ... ....... II-I Section 3. 0 may File A Complaint .......... II-I Section 4. H w Will The Complaint be Handled 11-1-2 ----. ArticI~ m Ci vii Infraction Pro . ss . . .. .. .. .. .. . .. . .. .. .. .. .. ... .. .. . .. .. Class 3 Civ'Infraction ............................. Class 2 Civi Inftaction .............. ............... Class 1 Civi Infraction ... .. ... . .. . .. .. .. .. .. .. .. . .. Article IV Abatement ofVio] Section 1. Section 2. P <tons .........,..,....................................... nee and Order . .. . .. .. . . .. .. . . .. .. . .. . .. . . .. cess of Abatement .. .. . .. .. .. .. .. . .. .. . Appendix A. B; and C Flow Charts ......... ........ .......... .......... ... ......... ..... ... A Sample Letten> . .. . . . . . . .. . . . . . . . . . . . . . .' . . . . . . . . .. . . . . . . . . . . .. . B Sample Abatement · ocuments . .. .. . .. .. .. . .. .... .. . .. .. .. ... C '-~ Revised 2/8/00 ill-I III-I ill-I-2 m-2-3 IV-! IV-2 IV-I-2 Sent By: KLICKITAT CO#HEALTH DEPT; 5097735991; Feb-26-02 3:45PM; Page 3 . "---'" KLICKIT AT COUNTY POLIC . MANUAL FOR CODE COMPLIANCE ARTICLE I RO(;RAM ADMINISTRATION Section 1 - Purpose The proper administration of the code compliance section of the Building Departmcnt demands that its supervi ., the Building Official, know the legal ramifications of the action taken or not taken b . Klickitat County. This Policy Manual win b . referred to as the Procedure Manual for Code Compliance. It's purpose is to provide single source of written policies, procedures and information to aid in the successful ." ation of Klickitat County Code Enforcement. Klickitat County is responsible to . oree these codes in a consistent, uniform manner which is within the bounds of other .. gher laws. Its contents will include s estions, instructions, mandates, interpretations and direction all intended to assist in .lling in those areas not always covered by other written procedures and items whie . are philosophical in nature. '._..~ Section 2 - Scope It is the Building Official manner on a case by c complaints, some of which violations. health violatio Exceptions: 1. Food Service Klickitat Coun 2. Solid Waste handling pe appropriate age . y. 3. Complaints wi "n the Cities of Bingen, Goldendale and White Salmon should be referred to City having jurisdiction. 4. Police matters . d animal control are not handled by Code Compliance and should be refe . to the appropriate City Police Department or the Klickitat Cuunty Sheriff' . Office. desire to handle complaints in a competent and consistent basis. Code Compliance encompasses a large variety of e building and mobile home violations. planning and zoning · and other land use matters as the main areas of concern. This manual sets forth the . licies and processes which are the guidelines for handling all complaints received. · mplaints anywhere in the county are to be referred to the · Health Department. pliance issues) specifically, issues related to solid waste and contract compliance shall be forwarded to the /-' _0 Revi3ed 2/8/00 I-I Sent By: 'KLICKITAT CO#HEALTH DEPT; ..--.--" 5097735991; Feb-26-02 3:45PM; Page 4 ~~ction 3 - Authoritv Code Enforcement authority. der this policy shall be pursuant to RCW 19.27.050; RCW 70.05.070(1); KCC 1.20.04 ; KCC 15.04.020; and KCC 16.16; as presently enacted and/or as may herein after amended, and such authority shall not be limited by the failure to identify any sped statutory provision with respect to building codes, mobile home placement,. health and e:ty and land use. Complaint: Owner; Section 4 - Definitions · anytime someone fills out a form provided by Klickitat · County Code Compliance and expects that Klickitat : County will take action pursuant to an alleged code violation. the owner of record shown on the Assessor's files for · Klickitat County. Imminent health hazard; .a condition that has associated with it an impending threat or risk of consequential disease, injury, or death, thereby · requiring immediate corrective action. .... ...... ....~_./ Revised 2/8/00 1-2 Sent By: KLICKITAT CO#HEALTH DEPTj 5097735991 ; Feb-26-02 3:46PM; p.age 5 . ..~.' ARTICLE II COMPLAINT PROCEDURE Section 1 .. Types of Cºmp1aints Complaints will be accep· for alleged violation of ¡my applicable regulations which relate to land use. No viol on will be pursued unless a signed complaint on the approved form has been submitted the Building Department, Code Compliance Officer. The number of potential viola:· ons would easily overwhelm the department if all potential violations were pursued. Therefore, the following process will be followed when handling alleged violatio Section 2 - Complaint Form 1. All complaints must completed including th 2. Complainant may rem yes box on the fonn. 3. A detailed description complaint. 4. The name and address the location of the aile · e submitted on the approved fonn with all infonnation · signature of the complainant. anonymous under RCW Title 42.17.31O(e) by checking the f the alleged violation describing the specific nature of the · f the alleged violator, if available, and/or a detailed map of · d violation. ~~..-..., · tion 3 - Who May File a ComDlaint .:~ Any person who may be effected by an alleged violation may file a complaint. An employee of Klickittlt Co ty may not file a complaint if the alleged violation was found in the course of his/her 0 ·lcial capacity as a county employee. (i.e. assessor notices a building violation wlúle . . the process of assessing property). However, if the county employee ma.y be effect . by an alleged violation they may submit a complaint as an individual and not as an ployec. Other state and federal agencies may refer alleged violations provided they . on the proper fonn and involve a fire, life or safety issue. If an employee. in their offi capacity sees an alleged violation which may endanger life they may report the alleed violation to their department director who will decide whether or not to com ete the blue complaint form supplied for that purpose. Department Directors, EI Officials and Conunissioners may also submit complaints on the blue form provid : for that pmpose. This mayor may not be acted on at the discretion of the Building . fficial. /" - .--. 1. After a properly co . leted complaint form has been received by the Building Department, Code C . pliance Officer. he/she will begin research of the alleged "Violation by reviewin all existing records available for the parcef in question. Only alleged violations spec .·lcally listed on the complaint form will be acted upon. 4 . How Will The Complaint Be Handled Revised 2-8-00 II-I Se~t By: KLICKITAT CO#HEALTH DEPT; 5097735991; Feb-26-02 3:46PM; Page 6/11 -,--...../' 2. Only reported violation will be investigated, except that in the course of such investigation. if a serio . or h37.ardous violation is observe~ the Code Compliance Officer may expand the pe of the investigation. 3. If a site visit is necess to determine if a possible violation exists, the Code Compliance Officer will . arrangements with the owner of the property for the appropriate department signee to cà.ITy out any and all inspeCtions necessary to detennine the validity of e complaint. 4. If pennission is withh· the Code Compliance Otlicer will attempt to verifY compliance ftom off th : property. If this is not possible, the Code Compliance Officer win attempt to se . the proper docwnents to enter the property. 5. If no violation exists a tter will be sent to the complainant and the case will be closed. 6. If a potential violation . pears to exist, the Code Compliance Officer will send a letter, via certified mail, . the property owner, with a return receipt requested. 7. If the property owner r : onds and is willing to comply, a schedule for compliance will be agreed to and mo tored to completion. 8. If the property owner, er reasonable attempts to schedule compliance, does not respond or is unwilling . 0 comply, the case will be referred to the Prosecuting Attorney recommending . osecution. 9. Ifprosecution is required· gain compliance the first of three (3) civil infractions will be issued. 10. If the possibility of an i . ent health hazard exists, the Code Compliance Officer will notify the effected d . artment(s) as soon as is reasonably possible. --.... '--. Revised 2-8~OO 11·2 Sent By: KLICKITAT CO#HEALTH DEPT; 5097735991; Feb-26-02 3:46PM; ~age 7/11 ...-.... ARTICLE ill ~IVIL INFRACTION PROCESS The civil infraction procesis a progressive procedure involving the issuance of three (3) classes of infraction. E· h class of infraction reflects an increased penalty for a continuing violation andlú . ailure to resolve the violation. ~ (NOTE: This process is nerat in nature and may vary on a case by case basis.) t. Class 3 Civillnfractio "0___-'" a) Initial Steps: i) The Code . Orcement Officer will issue the infraction and file with the appropriate . urt; ii) The court I mail out the Class 3 Civil Infraction to the property owner; Hi) After the ve ~ lcation of service of the infraction. a site visit win be done to verify co .pliance Or noncompliance or m~e equitable arrangements to abate the p lem. b) The property 0 . er will be ordered to appear on the inftaction. where the property owner · ust choose between the two alternatives noted below: i) The owner abate or resolve the problem and the case will be closed prior to co : appearance¡ or ii) The prope . owner may appear in court and enter a plea. If the property owner plea .. guilty to the infraction, the court will proceed immediately to dispositi .' If the property owner pleads not guilty and requests a hearing, the. will be set and heard by the court. If the property owner is found gui}: at the hearing, the court will then proceed to disposition. If the propert .. owner is found not guilty the matter is terminated. In sentencing . property owner, the court may reduce the tine, dismiss the case, and/or make equitable arrangements with the property owner to abate the pr :blem. If the property owner complies with and abates the violation ac riling to the courts instructions in the prescribed time frame, the case will . e closed. 2. Class 2 Civil Infractio a) Notice: i) If the viola· . n still exists and the ÍnsU"uctions of the court are not being complied wi , noti~e is sent via certified Dlail with a return receipt to the property 0 . r of a pending Class 2 Civil Infraction with a 10 working day respo tequired. b) Infraction Issu . i) Aftef verific non of service of th~ notice, and no response is received; a site visit will. e done to verify the state ofcornpliance of the property. -. III-I Sent By: KLICKITAT CO#HEALTH DEPT; 5097735991 ; Feb-26-02 3:47PM; Page 8/11 "-_..-1' ii) If the viola on still exîsts and the instructions of the court are still not being comp .ed with then a Class 2 Civi1 Infraction will be issued. íii) The court I mail out the Class 2 Civil Infraction to the property owner. iv) After the vefication of service of the infraction, a secondary site visit will be done to .' fy the state of compliance of the property. c) The property 0 er will be ordered to appear on the infraction, where the property owner . ust choose between the two options notèd below: i) If violation . s abated prior to court appearance and all prior monetary assessments. posed by the court are paid, the case will be closed; or ii) The propert : owner may appear in court and enter a plea.. If the property owner pI : guilty to the infraction, the court will proceed immediately to dispositi . If the property owner pleads not guilty and requests a hearingt the :ase will be set and heard by the court. If the property owner is found gui. at the hearing~ the court win then proceed to disposition. If the pro . owner is found not guilty the matter is terminated. In sentencing : property owner, the court may reduce the fine, dismiss the case. andlo :make equitable auangement<; with the property owner to abate the pr 'blem. If the property owner complies with and abates the violation a . rding to the courts instructions in the prescribed time frame, the case will closed. 3. a) Notice: i) If the violati . n still exists and the instructions of the court are not being complied wi notice is sent via certified mail with a return receip~ to the property 0 . of a pending ClIss 1 Civil Infraction with a 10 wotking day respon : required. After verification of service, a site visit will be done to veri . the state of compliance of the property. b) Infraction Issu i) After verifi . . on of service of the notice, a site visit will be done to verify the state of pliance of the property; ii) If the viola' . n still exists and the instructions of the court are stiJI not being compI" wi~ a Class 1 Civil Infraction will be issued; iii) The court wi . mail out the Class I Civil Infraction to the property owner; iv) After the v cation of service of the infraction, a secondary site visit will be done to v the state of compliance of the property. c) The owner will . e ordered to appear on the infta.ction. where the property owner must cho between the three options noted below: i) If violation i . abated prior to the court appearance and aU prior monetary assessments . . posed by the court are paid, the case will be closed; or ii) The property· wner may appear in court and enter a plea. If the property owner pI guilty to the infraction. the court wiU proceed immediately to dispositio· If thè property owner pleads not guilty and requests a hearing, the . will be set and heard by the court. If the property owner is found guil .. at the hearing, the court will then proceed to disposition. If ...-.--... ~'.. .,' III ~2 . Sent By: KLICKITAT CO#HEALTH DEPT; 5097735991; Feb-26-02 3:47PM; P.age 9/i 1 ., the propert " owner is found not guilty the matter is tenninated. In sentencing , e property owner, the court may reduce the fine, dismiss the case, andlo : make equitable arrangements with the property owner to abate the p blew. If the property owner complies with and abates the violation a 'ming to the courts instructions in the prescribed time frame, the case will closed. "'---" 4. Abatement If the property 0 . r does not comply with the court's instructions and if the violation still exists :and after aU three (3) classes of Civil Intractions have been filed and a dispositi , has been reached and verifications shows the violation still exists, the abatemen :process may begin at the discretion of Klickitat County. -....- .--' , . ffi-3 S~t Ry: KLICKITAT CO#HEALTH DEPTj -. "-'" (NOTE: This pro 5097735991; Feb-26-02 3:47PMj Page 10/11 ARTICLE IV . BA TEMENT OF VIOLATIONS Section 1 - Notice and Order is general in natW'e and may vary on a case by case basis.) 1. be issued by the building Official to the recorded owncr of the property. The Noti: and Order contains (a) the legal description of the property sufficient for identifi on. (b) A statement that the Building Official bas found the property to be in viol . n of what section(s) of the code(s). (0) A statement of the action required to be . en as determined by the Building Official. (d) Statements advising corrective ac . n to be taken or action will be taken by the county and charged to the property: wner. (e) Statements advising all parties who have a legal interest in the property . the right of appeal and the time frames to do so. 2. Service of Notice and : rder by the building Official in person or by certified mail with proof of .receipt or claration by the person who served. This Notice and Order shan also be posted one property with a Notice to vacate. 3. Declaration of service b . mail/in person shall be sworn and a copy in the file. 4. If the violation is abat e case will be closed. 5. If compliance is npt m . within the a.llotted time or equitable arrangements have not been complied with in . allotted time fuune, the Building Official shall file with the office of the County Re rder the Notice and Order. 6. Declaration certifying · n-compliance with abatement order will be sworn by the Building Official and re · rded with the County Auditor's office. ...--" tion 2 - Process of Abatement 1. Memo from the Buîldin . Official to the Board of COWlty Commissioners referencing possible pending abate . t action and request for workshop to discuss the case and action to be taken. 2. Pending approval and mmcndation of the Board of COWlty Commissioners, abatement or extension . equitable arrangements may proceed. 3. If abatement is the Boar . s recommendation, a letter shall be sent via certified mail to the owner(s) of record 0 .the property stating that the time has passed to comply WId that work will commen· immediately with the cost of abatement beìng charged against the property as a lien or against the owner as a personal obligation at the discretion of the Board 0 . County Commissioners. 4. The property Owner ag will have the opportunity to abate the violation wilhin a time certain and securey required pennits prior to proceeding to abate. 5. The Building Official sh .. I secure any permits required to proceed with the proposed abatement. ............... . I IV-J Sent By: KLICKITAT CO#HEALTH DEPT' , '--.' g) h) i) j) k) -' -- 5097735991; Feb-26-02 3:47PM; Page 11/11 .. 6. If the wst of abatement sunder $10,000, no contract is required and the following procedure will be follow, : a) The Building 0 cia! will prescribe specifications of the scope of work to be done and the t1m ':frame in which the work is to be completed. b) Bid request 1ette , will be sent to no fewer than three (3) cöntractors currently listed on the Sm ; Works Roster. c) The Building cia! will select the contractor based on the following criteria: 1. Ability tperfonn the scope of work to specifications and within the desired f 'e frame. 2. Price reI ~ve to other bids. 3. Make gements with the selected contractor for method. of payment tther by purchase order number or bill. d) The Building 0 cial will select the appropriate budget item to be charged. e) The Building : oial will make sure a)1 required inspections have been performed prior ' payment of the contractor. t) The Building 0 . cia! will send a Notice of Public Hearing via Certified mail to the owner 0 ,ecord of the property which W3S abated. The notice will include the folio :. g information: 1. The date " et and location of the hearing. 2. A statem' t explaining the process for filing a written protest. 3. A statemnt explaining how the legislative body of the jurisdiction will make it6 ' dings. 4. A stat ,nt explaining the time ftame for appeal of the assessment and d es for such appeal procedure. The Building Official. shall prepare the resoluûon for the Board of County Commissioners to appr: : e or amend. The Building Official s 'all see that the notice is properly posted and advertised with appropriate documenta '. n provided. The Building Official hall prepare for the Board of County Commissioners an outline for the public h ' . g sequence. The Building Officía1 , I maintain a signed copy of the resolution p3Ssed by the Board of County Co . ssioners. The Building Official 1 provide the County Treasurer with a copy of the sig{1ed resolution and copies ,the invoices :fÌ'om the work performed in the abatement for recording as an assess t against the property. rv-2 BREIVIERTON-KITSAP COUNTY BOARD OF HEALTH RESOLUTION NO. 1996-9 A RESOLUTION ESTABLISHING ORDINANCE 1996-9 ENVIRONìvŒNT AL HEALTH ENFORCEMENT REGULATIONS AND REPEALING ORDINANCE NO. 1992-15 WHEREAS, Title 70.05.060 of the Revised Code of Washington requires that local boards of health shall enforce the public health statutes of the state and regulations promulgated by the State Board of Health and enact such local regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof; and WHEREAS, regulations governing environmental health exist to provide for and promote the health, safety and welfare of the general public, and to prevent pollution; and WHEREAS, existing regulations are not always enforceable in a timely manner nor provide for adequate enforcement procedures; and WHEREAS, all violations of public health regulations are detrimental to the public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED that the Bremerton-Kitsap County Board of Health Ordinance 1996-9, Environmental Health Enforcement Regulation, is hereby adopted and Ordinance No. 1992-15 is hereby repealed. ADOPTED this 1st day of May, 1996. BREMERTON-KITSAP ~OUNTYBOARD O~~ ~/ ~ lif --- - Effective May 1, 1996 dn1\bh\res-9.doc BRElVIERTON-KITSAP COUNTY BOARD OF HEALTH ORDINANCE 1996-9 ENVIRO~IENTAL HEALTH ENFORCElVIENT REGULATIONS TABLE OF CONTENTS SECTION L DE CLARA TIO N OF INTENT ......................................................................................................2 SE CTI 0 N II. A UTH 0 RITY AND PU"RPOSE .................... .......... .......................................... ........................... 2 SE CTI 0 N m. D EFINITI 0 NS ................................ ............... ......................... .................... .... .................... ........ 3 . SECTION IV. GENERAL ADMINISTRATION AND ENFORCEMENT ......................................................3 SECTION V. VIOLATIONS AND PENALTIES - PERSONS NOT REQUIRING A PERMIT......................5 SECTION VI. VIOLATIONS AND PENALTIES - PERSONS REQUIRING A PERMIT ...........................12 SECTION vn. IMMINENT AND SUBSTANTIAL DANGERS.................................................................... 19 SE CTIO N VIII. ADDENDUM IN CO RPO RATIO N ......................................................................................19 SE CTI 0 N IX. SEVERABILITY................... ........... .........................................................................................19 ~ Ordinance 1996-9.doc 4/23/96 SECTION ill. DEFINITIONS A. District: The Bremerton-Kitsap County Health District. B. Health Officer: The Health Officer or the Health Officer's representative, of the Bremerton-Kitsap County Health District. C. Nuisance: Consists in unlawfully doing an 'act, or oIIÙtting to perform a duty, which act or oIIÙssion either annoys, injures, or endangers the comfort, repose, health or safety of others, or in any way renders other persons insecure in life, or in the use of property. D. Permit: An authorization by the Health Officer that provides for a specific activity under provisions of public health regulations. E. Person: An individual, finn, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. F. Public Nuisance: A nuisance which affects the rights of an entire community or neighborhood, although the extent of the nuisance may be unequal. G. Public Health Regulation: This regulation, and all other existing, amended, or future regulations of the Bremerton-Kitsap County Board of Health, or other existing, amended, or future state and local public health statutes, regulating the public health. SECTION IV. GENERAL ADMINISTRATION AND ENFORCElVIENT A. Other Laws, Regulations and Agency Requirements 1. Nothing in these regulations is intended to abridge or alter the rights of action by the state or by any person which exist in equity, common law, or other statutes to abate pollution or to abate a nuisance. 2. If a conflict exists in the interpretation of any public health regulation and these regulation-;;the more stringent requirement shall apply. B. 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 Enf92-15.doc 4/23/96 3 BRElVIERTON-KITSAP COUNTY BOARD OF HEALTH ORDINANCE 1996-9 ENVIRONlVlENTAL HEALTH ENFORCElVIENT REGULATIONS SECTION I. DECLARATION OF INTENT The intent of these regulations is to provide enforcement procedures for state public health regulations which the Bremerton-Kitsap County Health District has the responsibility and authority to enforce. Additionally, the intent of these regulations is to provide enforcement procedures for other local public health regulations with enforcement procedures that do not provide adequate public health protection. . - An violations of public health regulations are detrimental to the public health, safety, and welfare and are hereby declared to be public nuisances. All conditions which are (as determined by the Health Officer) to be in violation of any public health regulation may be subject to the provisions of these regulations and may be corrected by any reasonable and lawful means as provided herein. SECTION II. AUTHORITY AND PURPOSE These regulations are promulgated under the authority of Chapter 70.05 Revised Code of Washington (RCW) to protect the public peace, health, safety and welfare of the citizens of Kitsap County through the enforcement of the public health statutes of the state and regulations promulgated by the State Board of Health and the Bremerton-Kitsap County Board of Health. It is the express purpose of these 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 regulations. It is the specific intent of these regulations to place the obligation of complying with its requirements upon persons, businesses or companies required to meet provisions of health regulations, and no provision of nor term used in these regulations is intended to impose any duty whatsoever upon the Bremerton-Kitsap County Health District (hereinafter referred to as the District) nor any ofits officers or employees, for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory. Nothing contained in these regulations ;~ intended to be nor shall be construed to create or form the basis for any liability on the part of the District or its officers, employees or agents, for any injury or damage resulting ITom the failure of any person subject to these regulations to comply with these regulations, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of these regulations on the part of the District. Enf92-15.doc 4/23/96 2 SECTION ill. DEFINITIONS A. District: The Bremerton-Kitsap County Health District. B. Health Officer: The Health Officer or the Health Officer's representative, of the Bremerton-Kitsap County Health District. -c. Nuisance: Consists in unlawfully doing an act, or omitting to perform a dutY, which act or omission either annoys, injures, or endangers the comfort, repose, health or safety of others, or in any way renders other persons insecure in life, or in the use of property. D. Permit: An authorization by the Health Officer that provides for a specific activity under provisions of public health regulations. E. Person: An individual, firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. F. Public Nuisance: A nuisance which affects the rights of an entire community or neighborhood, although the extent of the nuisance may be unequal. G. Public Health Regulation: This regulation, and all other existing, amended, or future regulations of the Bremerton-Kitsap County Board of Health, or other existing, amended, or future state and local public health statutes, regulating the public health. SECTION IV. GENERAL ADl\'llNISTRATION Al~D ENFORCEl\iIENT A. Other Laws, Regulations and Agency Requirements 1. Nothing in these regulations is intended to abridge or alter the rights of action by the state or by any person which exist in equity, common law, or other statutes to abate pollution or to abate a nuisance. 2. If a conflict exists in the interpretation of any public health regulation and these regulation';;the more stringent requirement shall apply. B. 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 Enf92-15.doc 4/23/96 3 the provisions of these regulations for the purpose of enforcing and carrying out its proVisIons. C. Commencement of Proceedings 1. Whenever the Health Officer has reason to believe that a use or conditions exist in violation of any public health regulation, he/she may initiate abatement or enforcement proceedings or commence an administrative notice proceeding under Section V. or Section VI. to cause the enforcement and correction of each violation. 2. The Health Officer is authorized to utilize the procedures of these regulations in order to enforce public health regulations. These regulations are not the exclusive procedural remedies. D. Right of Entry Enf92-15.doc 4/23/96 1. Reasonable Cause/Right to Enter: 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 been or is being committed, the Health Officer or hislher duly authorized inspector may enter any building, structure, property or portion thereof at reasonable times to inspect the same. 2. If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and demand entry. Entry shall not be unreasonably denied by the owner or his/her agent. 3. Conditions of Entry: If such building, structure, property or portion thereof is unoccupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry. Entry shall not be unreasonably denied by the owner or his or her agent, but may be conditioned on the owner or an agent of the owner escorting the inspector, said escort to be provided immediately upon request. ""'r Failure to Allow Prompt Entry: It is unlawful for any owner or occupant or other person having charge, care or control of any building, structure, property or portion thereof to fail or neglect after proper demand to permit prompt entry thereon where the inspector has reason to believe that conditions therein create an immediate and irreparable health hazard. If entry is refused, the Health Officer shall have recourse to the remedies provided by law to secure entry, including but not limited to search warrants. 4. 4 5. Disclosure Of Authorization And Limits Of Inspection: The Health Officer or his or her designee shall, upon request, disclose to the property owner, or to the person in effective charge of the property, the laws that govern the facilities or systems subject to inspection and these regulations relating to inspections and searches. SECTION V. VIOLATIONS AND PENALTIES - PERSONS NOT REQUIRING A PERMIT A. Applicability The requirements in this section apply to any and all persons which are not required to obtain a permit under regulations referenced in Section III. G. The violation of any provision of a public health regulation shall constitute an infraction. Each such violation shall constitute a separate infraction for each and every day or portion thereof during which such violation is committed and continued. B. Violations - Investigations - Evidence An authorized representative of the District may investigate alleged or apparent violations of these regulations. Upon request of the authorized representative of the District, the person allegedly or apparently in violation of these regulations shall provide information identifying themselves. Willful refusal to provide information identifying a person as required by this section is a misdemeanor. C. Notice and Order to Correct Violation 1. Issuance. Whenever an authorized representative of the District determines the existence of a violation, he/she may issue a written notice and order to correct violation to the property owner and/or to any person causing, allowing or participating in the violation. 2. Content. The notice and order to correct violation shall contain: a. The narr~and address of the property owner and/or other persons to whom"the notice and order to correct violation is directed; b. 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; c. A description of the violation and a reference to that provision of the regulation which has been violated; Enf92-15.doc 4/23/96 5 d. 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; and e. A statement that a monetary penalty in an amount per day for each violation shall be assessed against the person to whom the notice and order to correct violation is directed for each and every day, or portion of a day, on which th"e violation continues following the date set for correction. D. Service of Order The notice and order to correct violation shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the order to correct violations by certified mail, postage prepaid, return receipt requested, to such person(s) at his/her last known address. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the persons effecting the service, declaring the time and date of service and the manner by which service was made. E. Extension Upon written request received prior to the correction date or time, the authorized representative may extend the date set for corrections for good cause. The authorized District representative may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as a good cause. F. Notice of Civil Infraction - Service An authorized representative of the District may issue a notice of civil inftaction pursuant to Chapter 7.80 RCW if the authorized representative has reasonable cause to believe that the person has violated these regulations or has not corrected a violation as required in the written notice and order to correct violation. A notice of civil infraction may be served either by: 1. The authorized representative serving the notice of civil infraction on the person named Ì1:.~;he notice of civil infraction at the time of issuance; or 2. The authorized representative filing the notice of civil infraction with the court, in which case the court shall issue the notice and the authoriZed . representative shall have it served, either personally or by mail, postage prepaid, on the person named in the notice of infraction at hislher last known address. G. Notice of Civil Infraction - Forum - Contents Enf92-15.doc 6 4/23/96 The notice of civil infraction shall include the following: 1. A statement that the notice represents a determination that the iniTaction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this regulation; 2. A statement that the infÌ"action is a noncriminal offense for which imprisonment shall not be imposed as a sanction; 3. A statement of the specific inftaction for which the notice was issued; 4. A statement that monetary penalties as set forth below have been established for each inftaction; 5. A statement of the options provided in these regulations for responding to the notice and the procedures necessary to exercise these options; 6. A statement that at any hearing to contest the determination that the District has the burden of proving by a preponderance of the evidence that the in:fÌ'action was committed; and that the person may subpoena witnesses, including the authorized representative of the District, who issued and served the notice of infraction; 7. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil inffaction, the person will be deemed to have committed the civil infÌ"action and may not subpoena witnesses; 8. A statement that the person must respond to the notice as provided in this section witmn fifteen (15) days; and 9. A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty and that this failure may be r'~çrred to the prosecuting attorney or city attorney for criminal prosecution for failure to respond or appear. H. Notice of Civil Infraction - Filing - Hearing in Court A notice of civil inffaction shall be filed in Kitsap County District Court or municipal court within forty-eight (48) hours of issuance, excluding Saturdays, Sundays, and holidays. Kitsap County District Court and municipal courts shall have jurisdiction to hear and determine violations occurring under these regulations. Enf92:.15.doc 4/23/96 7 I. Notice of Civil Infraction - Determination Infraction Committed Unless contested in accordance with this regulation, the notice of civil inffaction represents a determination that the person to whom the notice was issued committed the i.n:ITaction. J. Notice of Civil Infraction - Response Requesting A Hearing - Failure To Respond Or Appear - Order To Set Aside 1. 2. Enf92-15.doc 4/23/96 Any person who receives a notice of civil infraction shall respond to the notice as provided in this section within fifteen (15) days of the date of the notice. If the person named in the notice of civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of civil infraction and submitting it, either by mail or in person to the court specified in the notice. A check or money order in the amount of the penalty prescribed for the i.n:ITaction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records and a record of the response shall be furnished to the District. 3. If the person named in the notice of civil infraction wishes to contest the detennination, the person shall respond within fifteen (15) days by completing the portion of the notice of civil infraction requesting a hearing and submitting it either by mail or in person with the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing and that date shall not be earlier than seven (7) days nor more than ninety (90) days from the date of the notice of hearing except by agreement. 4. If the person named in the notice of civil i.n:ITaction does not contest the detennination, but wishes to explain mitigating circumstances surrounding the i.n:ITaction, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it eit~:;:r by mail or in person with the court specified in the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven (7) days nor more than ninety' (90) days from the date of the notice of the hearing, except by agreement. 5. The court shall enter a default judgment assessing the monetary penalty prescribed for the i.n:ITaction, and may notify the prosecuting attorney or city attorney of the failure to respond to the notice of civil infraction or to 8 appear at a requested hearing if any person issued a notice of civil inftaction: a. Fails to respond to the notice of civil inftaction as provided in Section YJ.2.; or b. Fails to appear at a hearing requested pursuant to either Section V.l3. or Section V.l4. K. Notice. Failure To Sign, Non-Appearance - Failure To Satisfy Penalty 1. A person who fails to sign a notice of civil inftaction is guilty of a misdemeanor. 2. Any person willfully violating rus/her written and signed promise to appear in court or rus/her written and signed promise to respond to a notice of civil inftaction is guilty of a misdemeanor regardless of the disposition of the notice of civil inftaction; provided that a written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by appearance by counsel. 3. A person who willfully fails to pay a monetary penalty or to perform community service as required by a court under these regulations may be found in civil contempt of a court after notice and hearing. L. Representation by Attorney 1. A person subject to proceedings under these regulations may appear or be represented by counsel. 2. The prosecuting attorney or city attorney representing the District may, but need not, appear in any proceedings under these regulations, notwithstanding any statute or court rules to the contrary. M. Infraction - Hearing - Procedure - Burden of Proof - Order - Appeal A hearing held tz contest the detennination that an inftaction has been committed shall be without a jury. 1. 2. The court may consider the notice of civil inftaction and any sworn statements submitted by the District's authorized representative who issued the notice or whose written statement was the basis for the issuance of the notice in lieu ofhis/her representative's personal appearance at the hearing. The person named in the notice may subpoena witnesses? Enf92-15.doc 4/23/96 9 including the authorized representative who has issued and served the notice, and has the right to present evidence and examine witnesses present in court. 3. The burden of proof is on the District to establish the commission of the infraction by a preponderance of the evidence. 4. After consideration of the evidence and argument, the court shall dete'nnine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court's records. If it has been established that a civil infraction has been committed, an appropriate order shall be entered in the court's records. 5. An appeal ITom the court's determination or order shall be to the Superior Court in the manner provided by the Rules of Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the Superior Court is subject only to discretionary review pursuant to the Rules of Appellate Procedure. N. Infraction - Explanation of Mitigating Circumstances 1. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been corrunitted may not be contested at a hearing held for the purpose of explaining mitigating circumstances. 2. After the court has heard the explanation of the circumstances surrounding the commission of the infraction, an appropriate order shall be entered in the court's records. 3. There shall be no appeal from the court's determination or order. o. Monetary Penalties - Restitution 1. In addition to ora.s an alternative to any other judicial or administrative remedy provided in this regulation or by law or other regulations, any person found to have committed an in:fTaction shall be assessed a monetary penalty. All violations of this ordinance shall be denominated Class I Civil Inftactions. The maximum penalty and the default amount shall be two hundred fifty dollars, not including statutory assessments. 2. Whenever a monetary penalty is imposed by court under this ordinance it is immediately payable. If the person is unable to pay at that time the court En:f92-15.doc 4/23/96 10 may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney or city attorney of the failure to pay. The court shall also notify the District of the failure to pay the penalty, and the District shall not issue the person any future permits or approvals until the monetary penalty'has been paid. 3. The court may also order a person found to have committed a civil Ïnftaction to make restitution. P. Order of Court - Civil Nature - Modification of Penalty - Community Service 1. An order entered after the receipt of a response which does not contest the detennination, or after it has been established at a hearing that the civil Ïnftaction was committed, or after a hearing for the purpose of explaining the mitigating circumstances is civil in nature. 2. The court may waive, reduce, or suspend the monetary penalty prescribed for the civil inftaction. If the court detennines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the current state's minimum wage per hour. Q. Costs and Attorney's Fees Each party in a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a non-prevailing respondent. Attorney's fees may be awarded to either party in a. civil infraction case. R. Written Assurance of Discontinuance The Health Officer may accept a written assurance of discontinuance of any act in violation of this regulation from any person who has engaged in such act. Failure to comply with the assurance of C:~~¡continuance shall be a further violation of this regulation. S. Stop-Work and Abatement Orders 1. Stop Work Orders. The Health Officer may cause a stop-work order to be issued whenever the Health Officer has reason to believe that a violation of a public health regulation is occurring. The effect of the stop-work order shall be to require the immediate cessation of such work or activity until authorized by the Health Officer to proceed. The stop work order shall be E:qf92-15.doc 4/23/96 11 posted upon the property where the violation is occurring, and shall be served upon the owner of the property either personally or by certified mail, return receipt requested, at the owner's last known address. 2. Abatement Orders. In addition to or as an alternative to any other judicial or administratiye remedy provided in public health regulations or by law or other regulations, the Health Officer-may order a violation of these regulations to be abated. The effect of the abatement order shall be to require work to be done to correct the violation within a reasonable time period. If the required corrective work is not commenced or completed within the time specified, the Health Officer will proceed to abate the violation and cause the work to be done. The abatement order shall be posted upon the property where the violation is occurring, and shall be served upon the owner of the property either personally or by certified mail, return receipt requested, at the owner's last known address. The property owner is responsible for the costs of all corrective action, whether done by the owner or the District. The District shall have the right to collect the amount expended for abatement through appropriate legal action. T. 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 which constitute or will constitute a violation of these regulations, or regulations adopted under them. SECTION VI. VIOLATIONS AND PENALTIES - PERSONS REQUIRING A PERMIT A. Applicability The requirements in this section apply to all persons which are required to obtain a permit under public health regulations. ~ B. Violations - Investigations - Evidence An authorized representative of the District may investigate alleged or apparent violations of these regulations. Upon request of the authorized representative of the District, the person allegedly or apparently in violation of public health regulations shall provide infonnation identifying themselves. Willful refusal to provide infonnation identifying a person as required by this section is a misdemeanor. Enf92-15.doc 4/23/96 12 C. Notice and Order to Correct Violation 1. Issuance. Whenever an authorized representative of the District determines that a violation has occurred or is occurring, he/she may issue a written notice and order to correct violation to the property owner or to any person causing, allowing or participating in the violation. 2. Content. The notice and order to correct violation shall contain: a. The name and address of the property owner or other persons to whom the notice and order to correct violation is directed· , b. 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; c. A description of the violation and a reference to that provision of the regulation which has been violated; d. 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; and e. A statement that a monetary penalty in an amount per day for each violation shall be assessed against the person to whom the notice and order to correct violation is directed for each and every day, or portion of a day, on which the violation continues following the date set for correction. D. 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 certified mail, postage prepaid, return receipt requested, to such person at his/her last known address. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the persons effecting the service, declaring the time and date of šèí-vice and the manner by which service was made. E. Extension Upon written request received prior to the correction date or time, the authorized representative may extend the date set for corrections for good cause. The authorized District representative may consider substantial completion ofthe necessary correction or EI).f92-1S.doc 4/23/96 13 unforeseeable circumstances which render completion impossible by the date established as a good cause. F. Administrative Conference An informal administrative conference may be conducted at any time by the Health Officer for the purposes of bringing out all the facts and cinmmstances related to an alleged violation, promoting communications between concerned parties, and providing a forum for efficient resolution of any violation. The Health Officer may call a conference in response to a request from any person aggrieved by the Health Officer's order or the Health Officer may call a conference on his/her own motion. Attendance at the hearing shall be detennined by the Health Officer and need not be limited to those named in an order to correct violations. As a result of information developed at the conference, the Health Officer will issue findings and an order. The administrative conference is optional with the Health Officer and is not a prerequisite to utilization of any of the enforcement provisions described in these regulations. G. 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. H. Finality of Order 1. Any order duly issued by the Health Officer pursuant to the procedures contained in this regulation shall become final thirty (30) days after service of the order unless a written request for hearing or statement of appeal is received by the Health Officer within the thirty (30) day period. 2. An order which is subjected to the appeal procedure shall become final twenty (20) days after mailing of the Board of Health's decision unless within that time period an aggrieved person initiates review by writ of certiorari in Kitsap County Superior Court. ""'1 , EQf92-15.doc 4/23/96 14 I. Enforcement of Final Order 1. If, after any order duly issued by the Health Officer has become final the person to whom such qrder is directed fails, neglects, or refuses to obey such order, the Health Officer may: a. Cause such person to be prosecuted under these regulations~ and/or b. Institute any appropriate action to collect a civil penalty assessed under these regUlations~ andlor c. Abate the health violation using the procedures of these regulations~ and/or d. Pursue any other appropriate remedy at law or equity under these regulations. 2. Enforcement of any notice and order of the Health Officer pursuant to these regulations shall be stayed during the pendency of any appeal under these regulations, except when: a. The Health Officer determines that the violation will cause immediate and irreparable hann and so states in the notice and order issued. J. Written Assurance of Discontinuance The Health Officer may accept a written assurance of discontinuance of any act in violation of this regulation :trom any person who has engaged in such act. Failure to comply with the assurance of discontinuance shall be a further violation of this regulation. K. Violation of Permit ConditiQns - Misdemeanor Penalty Any person who (a) fails, neglects, or refuses to obey a final order of the Health Officer to correct a violation as set forth in Sect~on VI.I. above~ or (b) fails, neglects, or refuses to comply with a written assuranc? of di$continuance pursuant to Section VI.I above; or ( c) operates without a permit~ . or (d) opeI1ates after a permit has been revoked, is guilty of a misdemeanor, and upon conviction, s~all be punished by imprisonment in the county jail for a maximum tenn fixed by the cour!t of not more than ninety (90) days, or by a fine in an amount fixed by the court of not m,ore than one thousand dollars ($1,000), or by both such imprisonment and fine. The court may also impose restitution. L. Stop-Work and Abatement Orders E~2-15.doc 15 4/23/96 1. Stop-Work Orders. The Health Officer may cause a stop-work order to be issued whenever the Health Officer has reason to believe that a violation of this regulation is occurring. The effect of the stop-work order shall be to require the immediate cessation of such work or activity until authorized by the Health Officer to proceed. The stop work order shall be posted upon the property where the violation is occurring, and shall be served upon the owner ofthe property either personally or by certified mail, return receipt requested, at the owner's last known address. 2. Abatement Orders. In addition to or as an alternative to any other judicial or administrative remedy provided in these regulations or by law or other regulations, the Health Officer may order a violation of public health regulations to be abated. The effect of the abatement order shall be to require work to be done to correct the violation within a reasonable time period. If the required corrective work is not commenced or completed within the time specified, the Health Officer will proceed to abate the violation and cause the work to be done. The abatement order shall be posted upon the property where the violation is occurring, and shall be served upon the owner of the property either personally or by certified mail, return receipt requested, at the owner's last known address. The property owner is responsible for the costs of all corrective action, whether done by the owner or the District. The District shall have the right to collect the amount expended for abatement through appropriate legal action. M. 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 which constitute or will constitute a violation of public health regulations, or regulations adopted under them. N. Permit Suspension, Revocation, and Appeal 1. Suspension of Permits. ..,.". a. The Health Officer may temporarily suspend any permit issued under public health regulations for: (1) Failure of the holder to comply with the requirements of the permit; or Enf92-15.doc 4/23/96 16 Enf92-15.doc 4/23/96 (2) Failure of the holder to comply with any notice and order issued pursuant to the regulations related to the permitted activity; or, (3) The disbonor of any check or draft used by the pennit holder to pay any fees associated with the pemùt. b. Pennit suspension shall be carried out through the notice and order provisions specified in Section VI.C., and the suspension shall be effective upon service of the notice and order upon the holder or operator. The ~older or operator may appeal such suspension as provided in Sections VI.N.3. through VI.N.6. c. . Notwithstanding any other provision of this regulation, whenever the Health Officer finds that a violation of a public health regulation has caused or causes an unsanitary, dangerous or other condition which, in his/her judgment, constitutes an immediate and irreparable hazard, he/she may, without service of a written notice and order, suspend and teI1minate operations under the pemùt immediately. 2. Revocation ofPennits. a. The Health Officer may permanently revoke any permit issued by him/her for (a) failure of the holder to comply with the requirements of the pennit, or (b) failure of the holder to comply with any notice. and order issued pursuant to these regulations related to the permitted activity, or (c) interference with the Health Officer in the p~rformance of his /her duties, or Cd) discovery by the Health Officer that a pennit was issued in error or on the basis of incorrect information supplied to him/her, or (e) the dishonor of any check or draft used by the holder to pay any fees associated with the permit. b. Such permit revocation shall be carried out through the notice and order provisions specified in Section VI.C. and the revocation shall be effective upQn service of the notice and order upon the holder or operato;~ The holder or operator may appeal such revocation, as . provided in theSe regulations. c. A permit may tie suspended pending its revocation or a hearing relative to revocation pursuant to the provisions of Section VI.N.I. above. 17 Enf92-15.doc 4/23/96 3. Permit Appeal. a. Subject to Appeal. Any denial, suspension or revocation of a health permit by the Health Officer may be appealed. b. Appellant Defined. The appellant shall be the applicant for the health permit or holder of anealth permit who appeals a decision denying, suspending or revoking a health permit. 4. Appeal Procedure. a. Appeal of Health District Action - Health Officer Administrative Hearing. Any person aggrieved by the contents of a notice of '. violation, any portion ofBremerton-Kitsap County Board of Health regulations or by any inspection or enforcement action conducted by the Health District may request, in writing, a hearing before the Health Officer or designee. Such request shall be presented to the Health Officer witþin ten (10) days of the action appealed; except in the case of a suspension, the request for a hearing must be made within five (5) days. Upon receipt of such request together with hearing fees, the Health Officer shall notify the person of the time and date of such hearing, which shall be set at a mutually convenient time not less than five (5) working days nor more than fifteen (15) working days from the date the request was received. 5. Appeal from Administrative Hearing. Any person aggrieved by the findings or required actions of 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) calendar days of the findings and actions from the administrative hearing. a. Stay of Action. Notice of appeal shall operate as a stay of the required action pending outcome of the Board of Health hearing except in those cases where the Health Officer determines that failure to take the required action constitutes an imminent health hazard. -~f a stay is not granted, the Health Officer shall so notify the appellant, in writing, at the time of notification of the hearing date and time. The Health Officer must set forth, in writing, the reasons for denial of the stay. 6. Hearing Date. Upon receipt of an appeal pursuant to this section the Health Officer shall set a time and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof 18 The hearing shall be cO'mmenced within thirty (30) days of the Health Officer's receipt of the appeal. 7. Judicial Review. All d¢cisions of the Board of Health shall be final unless review is sought by :f:ilimg an action in any court of competent jurisdiction, as provided by the law$ of this State. ,:.. -:.. SECTION vn. IMMINENT AND SUBSTANTIAL DANGERS Notwithstanding any provisions of these regulations, the Health Officer may take immediate action to prevent an imminent and substantial danger to the public health by the violation of public health laws and regulations. .. SECTION VIII. ADDENDUM INCORPORATION The Health Officer shall have the authority to !adopt or incorporate any addendums or amendments to these regulations, provided such addendums or amendments are in accordance with due process of law. SECTION IX. SEVERABILITY Should any section, paragraph, phrase, senten~e or clause of these regulations be declared invalid or unconstitutional for any reason, the remainder of these regulations shall not be affected thereby. SECTIONX. EFFECTIVE DATE The effective date of these regulations shall be May 1 , 1996. ~ En:f92-15.doc 4/23/96 19 A W Pierce County Public Works and Utilities Environmental Services Gravelly Lake Plaza 9116 Gravelly Lake Drive S.W. Lakewood, Washington 98499-3190 (253) 798-4050 . FAX (253) 798-4637 pcsewer@co.pierce.wa.us JOHN O. TRENT, P.E. Director RECEIVED MAY 03 2002 February 6, 2002 Jefferson County Environmental Health TO: ___ _ rryerested Parties FROM: ~ephen C. Wamback, Solid Waste Administrator SUBJECT: Illegal Dumping - Pierce County Responds Pierce County is at a crossroads in the management of illegally dumped wastes (and related problems such as abandoned vehicles and businesses which handle waste without holding the proper permits). In the past year, the public has become increasingly concerned regarding illegal dumping in our County and its negative impact on the quality of life. To date, the problem of illegal dumping has been addressed in a haphazard and inconsistent way. After reviewing the alternatives, on December 3,2001, the Pierce County Executive directed the Department of Public Works and Utilities to provide this coordination and asked the Solid Waste Division to become responsible for the new Pierce County Responds program. Pierce County Responds will institute an aggressive, coordinated program for resolving illegal dumping issues using the following broad strategies: · Serving as a central clearinghouse for complaints about illegal dumping; · Reducing the number of illegal dumpsites on public and private properties by developing and overseeing cleanup programs; · Providing County-wide education and outreach on proper disposal methods, incentives for site-cleanups, and rewards for complaints that lead to prosecution; · Working with enforcement agencies to increase the County's responsiveness and visible presence in the community, to eliminate duplication of efforts,. and to build sound legal cases that ensure successful prosecution. The Solid Waste Division is structured and funded in a manner that will enable it to assume this new responsibility. With one exception - the Executive has asked us to explore options to :fÌee the Sheriffs Department from its administrative involvement with abandoned vehicles - the program does not envision any significant transfer of basic legal or fiscal responsibilities from those that are currently assigned by the County Code or State Law. Departments will continue to fund individual illegal dumping programs at the same level as before. What is new is the coordinating role and the priority that the County and the Executive now place on this issue. Please refer to the attached program description or contact me at (253) 798-2179 for more infonnatíon. so 1992,scw.doc Administrative Services Sewer Utility Solid Waste Water Programs (1) ;;>rr¡ted en recycled popel COORDINATING PIERCE COUNTY'S RESPONSE To ILLEGAL DUMPrnQ Pierce County Responds Revised: February 6, 2002 PURPOSE Resolve complaints about illegal dumping and abandoned vehiclesl in Pierce County through active coordination of Pierce County agencies. Programs will include: · providing the public with a central location to report complaints about littering, illegal dumping, and abandoned vehicles; · coordinating the removal of said wastes; · implementing a consistent enforcement strategy; and . delivering an effective prevention message. HISTORY Last year, Pierce County adopted the Tacoma-Pierce County Solid Waste Management Plan (Plan). The Plan identified multiple approaches to addressing the problems of illegal dumping. At the request of the County Council, the Pierce County Solid Waste Advisory Committee (SW AC) took a further look at the sections of the Plan which concerned illegal dumping. In July 200 I, the SW AC recommended a prioritized set of actions. The Plan recommendations rely heavily "upon increased and more effective communication to and between citizens, agencies, and the cities and towns." The Plan noted that, at best, coordination among these various programs has been sporadic; at worst, the public perceives the various agencies as working at cross purposes. To quote the SW AC's July 2001 report to the County Council: "Authority for dealing with the results ofthe various behaviors or activities that result in illegal dumping. . . is spread unevenly among many agencies. Dealing with the problems is often a low priority for all and no one agency has it as a high priority." THE PIERCE COUNTY RESPONDS PROGRAM Resolving illegal dumping concerns will be the main priority of Pierce County Responds2 that will be housed within the Solid Waste Division of the Department of Public Works and Utilities. The program will address goals in the areas of coordination, cleanup, prevention, and enforcement. Coordination: Provide the public with "one-stop" to log complaints and expect action From the public perspective, it should not matter whether a person is dealing with an abandoned vehicle, a junk vehicle, improper storage of garbage, illegal dumping or a neighboring property owner who is running an illegal waste-oriented business. The public has told County agencies, elected officials, and advisory bodies they just want to call one agency and then see results. J Throughout this program design. the tenn "illegal dumping" will be used to describe an array of problems, including, but not limited to the following: · Littering and Illegal Dumping of general household and business garbage, and "difficult to handle waste" (e.g. appliances, furniture, tires) on public and private properties; · Unauthorized (abandoned or junk) vehicles on public and private properties; · Improper storage of waste in a manner that attracts rodents or causes other environmental hann; · Improper storage of vehicles on private property; and · Businesses which accept solid wastes or recyclables for handling without having fIrst obtained the proper permits. 2 "Pierce County Responds" replaces the fonner name: the Environmental Compliance and Coordination Program Pierce County Responds February 6, 2002 Page 2 · Advertise an easy-to-remember phone number, distribute complaint cards, develop a web- presence, prepare brochures and newsletters, etc. to inform the public that there is now one location to report illegal dumping complaints. · Provide feedback to complainants. After p.ispatching cleanup or enforcement personnel (as relevant), the program will maintain cont~ct with complainants. · Maintain records (database/GIS) to track "hot spots", possible criminal activity, repeat offenders. This information will be used to target programs, refer cases for investigation or prosecution, and/or minimize cross-agency duplication of effort. · Establish benchmarks, goals, objectives, and measurement processes. · Provide training and training resources to ¡partner agencies. · Issue regular status reports to the County ßxecutive, County Council, and the community on the effectiveness of the coordinated progrjun. · Research and analyze successful programs in other jurisdictions. · Review and propose changes to the County Code and State Law to streamline enforcement and cleanup procedures. · Under the direction of the County Executjve, work with the Courts to emphasize the importance of prosecuting illegal dumping violators. · Research the creation of a Environmental Hearings Officer, a Court Commissioner, or Hearings Examiner to hear waste-related cases. · Coordinate activities with neighboringjuI1Îsdictions. Cleanup: Reduce the number of illegal dumpsites Illegal dumpsites blight the community. Research shows that the prevalence of illegal dump sites breeds additional illegal dumping. Eliminatirlg visible dump sites should help stem the proliferation of new sites. · Receive and assess complaints and determine the appropriate course(s) of action. · If cleanup is the appropriate action, dispatch a cleanup crew, work with the complainant to organize a volunteer cleanup, or work with a property owner to clean the property. · Establish coordinated dispatch and cleanup procedures with agencies that maintain cleanup programs including Road Maintenance, Housing, Corrections workcrews, District Court Probation. This will include the establishment of consistent procedures for deciding which sites should be cleaned at County expense and which should be cleaned at private expense. Pierce County Responds February 6, 2002 Page 3 .' · Continue discussions to contract with State Corrections, solid waste haulers, and LRI to provide additional cleanup services · Manage funds to abate the worst sites, to assist victimized, low-income, or elderly property owners, and to assist volunteer and agencies' cleanup efforts · Develop incentive programs to encourage property owners or volunteers to clean up properties in lieu of enforcement. · Organize (and evaluate) pilot programs to assist the public in disposing "hard-to-handle" items Prevention: Educate and encourage the public to properly manage wastes In the long run, preventing illegal dumping is much less expensive than cleaning sites or taking enforcement action. · Educate the public about proper recycling and disposal methods and the potential penalties associated with illegal dumping. · Publicize cleanup campaigns and successful enforcement efforts. · Establish incentives, rewards, and penalty programs. Enforcement: Build sound cases and prosecute violators in a consistent manner Not all situations will have a "happy ending." Some illegal dumpers will not properly maintain properties or clean up illegally dumped wastes. In these instances, clear and consistent enforcement procedures are necessary. · For purposes of investigating and taking enforcement action on issues of illegal dumping, the Code Enforcement programs at the Tacoma-Pierce County Health Department and Planning and Land Services will work cooperatively with the Solid Waste Division to receive, and follow-up, reports of possible illegal dumping activity. · Upon receiving a complaint and performing the initial assessment (described above), the Division will refer complaints requiring investigation to the appropriate agency. · The enforcement agencies and the Solid Waste Administrator will identify staff responsible to respond to each of the different types of complaints the Division may receive. · All complaints will be investigated with a site visit. Site visits may be made by staff ûom a single enforcement agency, or by staffrrom multiple agencies, and the Division. Site visits may include staff ûom non-enforcement agencies if it appears the problem may involve social service or public property concerns. · The Division and the enforcement agencies will establish timelines for site investigations. Pierce County Responds February 6, 2002 Page 4 · Enforcement staff will provide infonnatipn and current status to the Division. The Division will be responsible for follow-up paperwork, letter-writing, data entry, referral to prosecution, etc. This should reduce the enforcement agencies' administrative burden and allow those agencies to better focus reso~rces. · Review state and local regulations to detcnnine which County Department should handle junk and abandoned vehicles. · Work with a Deputy Prosecutor assigned¡ full-time to file nuisance orders and to prosecute individuals and businesses that fail to comply with Code. BUDGET No Immediate Budget Modifications · hritial start-up costs will be borne in the ~OOl and 2002 Solid Waste Management Fund budget. It is assumed that Planning and Land Services and the Tacoma-Pierce County Health Department will staff and fund code enforcement at the levels included in the proposed 2002 budget. Review During 2002 · The Department will evaluate whether additional resources are necessary to perfonn the complaint intake and follow-up tasks. · The Department will develop a detailed ~udget and timeline to implement the abatement, incentive, and reward components ofthejprogram. · The Department will also investigate how the application of specific provisions within State Law could return additional fine/enforcement revenue to the County. 2003 Budget and beyond · During the first year of the coordinated program, the Department will detennine what level of ongoing staffing and financial commitment is required. · The Department will work with partner a¡gencies to detennine a level of funding commitment to enhance enforcement and investigatiOI~ procedures which may include reassignment of employees. · Long-tenn funding sources may include solid waste tipping fee revenue, grants, enforcement penalties, and private sector partnerships, Jefferson County Health and Human Services APRIL "-J MAY 2002 NEWS ARTICLES 1. "Layoffs near, county warns its employees", Peninsula Daily News, April 11 , 2002 2. "Shine Pit conveyor plans for wetland" (2 pages), P.T. LEADER, April 17, 2002 3. "County looks to trim expenses", P.T. LEADER, April 17, 2002 4. "How to clean up red ink", Peninsula Daily News, April 18, 2002 5. "Young adults insured less, survey shows", Peninsula Daily News, April 19, 2002 6. "County budget brainstorm: Public pays more", P.T. LEADER, April 24, 2002 7. "Methamphetamine usage is treatable, forum experts say", Peninsula Daily News, May 1, 2002 8. "Plenty of free info at Health Fair Saturday", P.T. LEADER, May 1,2002 9. "Ex-Jefferson administrator airs views on county goals", Peninsula Daily News, May 3, 2002. 10. "More county cutbacks: Employees asked to voluntarily curb hours - or jobs", Peninsula Daily News, May 7, 2002 11. "Water well rules may tighten", P.T. LEADER, May 8,2002 12. "Former county administrator describes insular bureaucracy", P.T. 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OJ-...9"o""¡;;....,c;0c;~5 '1OO.... ~ 6 ê' t>..g ~ 'õ s ;g ~ 8 ~ 'õ.g ;§ ~..c:¡;;¡o ~(1)....,,.c~...., ~Eiô:::: <¡..;~(1)....,m~s'1Uoo(1) m(1)oS .;g] þ.g ~E @ 1 þ'" '5 ~ 1::: ~~ 1J'1§~~§~]~g§i~þ~c;~ ....,(1)O¡;;¡Oepep¡:: (l)C!U¡::c; ...ö enu~@....,~epbO",@¡¡::::s_.~¡::ep ;:; <I) c; m w ¡:: c; ~ (1) 0 .......... b.O (1)O(1)¡::....,~æep"'o(1) "'uo _'"0 ¡g '5 ~ .S 's:: ~ So g¡ r.;,.c.B ~ (1) ...., .B ~ .ß ...... J.. """ ~..... 0 - ¡:: (1) ...., b.O,.c m ...., o ::s ~ õ"':¡ ...., E-< '" ¡e ¡:: ~'"O Eo-< ¡:: ,.... ~ '"0 o U ::s .$~(1)(1)'1;:; '1c;0¡:: o 0 0 '1PO>-;) S~..c Ã~";¡c.2 County CONTINUED FROM Al Those programs have grown the fastest of all others during the past six years. But Titterness said services that have to do with public health and emergency services will not be cut. He said he envisioned potential 3 percent cuts in other departments. Agreeing with suggestions made during a brainstonning session, Titterness said he was not averse to considering shut- ting down the courthouse one day a month. "One day per month could mean significant cost sav- ings," he said. Tax increases possible While the county can't raise taxes this year, tax increases may take place to meet the projected shortfall next year. All three commissioners have indicated they support a I-percent increase in the prop- erty tax" which would raise $50,000 for the county. The commissioners could also consider a "banked capac- ity" property tax, which could raise up to $500,000 in a year. Banked capacity refers to a government's ability to reach back in time to raise taxes by up to 6 percent per year, if the government hasn't raised taxes by up to that amount before. Titterness said he would support collecting the tax only if it was needed for essential public health or safety services and if it was approved by vot- ers. A 0.1 percent increase in the sales tax was approved for the ballot by the commission- ers earlier this week to gener- ate around $220,000 to cover the cost of juvenile detention. The proposal will be on the ballot in November. Goldsmith said suggestions at the meeting will be looked at by county administrators in the next several weeks. Administrators will then send reports to county depart- ments on May 'I infonning them of what "targets" they are looking for in tenns of cuts. Midyear changes to the budget would then take place in July. rJ "> ¿ --- ~ " Q) ~ ~ ~ CF) '""d o o b[j c:: .~ h ~ ~ ~ Q) ~ Q) cj v .. ~ .. ~ U) QJojPo "'...- ¡:¡ a QJ 8"0"<:: ¡:: QJ 0 ·7...c~ ~~QJ.; - . '" I': '-~::so 00 Q).- CIJ'a~'~ "OQJ.QQJ æ"'OJ"O I':sB!» ¡.., ~;..= o '" QJ 0 QJ'~ > Po '" - QJ'tiî E'~a ... a.... ~ U en üi as .c en .» CIJ ~ ;:¡ (/) ... >....!, ... ~ .Q'õLÓ g> Eli' ~ .B~~<8QJ S C'lr;;0 0 J! 5 ~ æ ~ .g.~ bIJ'E't: ~..ê '" '" ~ p.. I': ~ I': QJ"O,lJ ~>: ..'Xi I': ~ oj "'.- ... 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'" t: > 0 C ~ <C Q U ::¡ ii'õO ] ~ ~ § ~ !ä c: ¡;¡ - 8 f U 0 0 -5 '" - ~ t; ~' ~-~ I'" ~os'" uU~E¡tu~~,c !~",.r¡ ~~~~~5g~~~oo~0~..<:1 c ü u 6ò 6 J:J § e :1! '" :ö e .!2 U '" tò... I:; ~ U ::¡ ~"'ª~0/1æ1~~~~1ag~5;IZEj c:s 1ä ... ",.5 ~ ~ e oã ÞO 0 ¡)¡ (I) 8 c 0 lib 0", _. . . ~ t ] QQ M···et,h... .,a·'"··I,'~&*'a· '~' .. .8:.., . " ' I~I:~'I '.,,>Irll:~,. ,~:.- ..~,~ . "':, [- " >.: . ': ,." :,. usa' :"~;'~'i~"e""<:' :··j··'~······'·'t·'·';;~'·i·r······?··e·~·:t·~a··7;~.·.'ì;t··~·^tctfm·,~··· .. e····;·f forum experts say /' I By JENNIFER JACKSON PENINStÄA DAILY NEWS PORT HADLOCK - The use of methamphetamine has increased dramatically in the state, but a forum on treating related addiction sponsored by state and local health officials put the problem in perspective. "Treatment works," said Ellen Silverman, state Division of Alcohol and Substance Abuse planrung and policy analyst. Silverman was one of seven speakers at Tuesday's forum sponsored by the Jefferson County Substance Abuse Advi- sory Board and the Division of Alcohol and Substance Abuse. "Meth addicts can recover just as alcoholics can," said Ford Kessler of Safe Harbor Recovery Center, an out-patient facility in Port Townsend. "We don't hear about the success stories." In fiscal 2000, nearly 5,000 people with primary ampheta- mine or methamphetamine addictions were admitted to publicly-funded treatment in the state, Silverman said. Methamphetamine addic- tion is a chronic, relapsing dis- order, Silverman said, noting flJJ 6-{-tJ2- relapses more are common within six months of treatment. "The message here is not that treatment doesn't work, ra,ther that longer treatment may be required," Silverman said. Former addict One former addict speaking at the session illustrated her point. ' Speaker Cheryl Ondracek, a 22-year-old college student from Port Orchard, said she started using methampheta- mine at the age of 13. . She said she went through treatment twice, but has not used drugs for two-and-a-half years, and is now corp.pleting an associate of arts degree at Olympic College in Bremerton. According to John Taylor, Division of Alcohol and Sub- stance Abuse administrator, the closest in-patient treatment center to Jefferson County is Highland Courte in Port Ange- les, which has a linúted number of state-funded beds. .. "Every dollar invested in treatment nets a $3.71 savings in criminal justice and health care costs, he said. 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'" 0 o c c: 'ü -'6 o 0 ¡: E . g Q'ò '" ~ ~ ~ ~ ~ ~-< o ~ '" u-o=é .::: ~.~ 0 ~ ¡... 0 U ~~t>~ c% ~ ~ .S c¡:u)~.§ o c " , c '" E ~.;;¡ a¡;; ~ëQt.E Vj~~~ .. 0 0 ~ ~ '" c:~ C/} IJ u S .5 ~ ~ OJ v: ¿ § ~ 0 'j'~ ~ o 0.2 '" 0 c;;'O ;>-'0 - ... ~ E ê 0 .900 .S¿ '<t ~ 0 0...-5 >, .0 ~ .., ~ c o ~ b~ '" 0 g '':= ~ .~ c C 4-. 0 <d OOJ)b ... 0 -2~ ~ .= ~~ of- :> '= V, ~E "'; E ~ 'C; c ~ o " ~-5 ~ 0 -~ <d C .0 <d Ex-Jefferson administrator airs views on county goals By STUART ELLIOIT PENINSULA DAILY NEWS PORT TOWNSEND Looking tanned and relaxed, former Jefferson County administrator Charles Saddler weighed in on "courthouse cul- ture" this week during a Jeffer- ?on County Democrats meet- mg. Saddler criticized local gov- ernment and said it should shift its focus away from land- use issues and change its orga- nizational culture to allow for more change and constructive dialogue. Saddler - fired by county commissioners in March after two years as the county's top executive - said county gov- ernment should pay more attention to social issues than the land-use issues that often dominate local debate. "Land-use makes good the- ater," he said. "But were fight- ing over only 3 percent of the land in the county." Saddler said the county is neglecting social issues includ- ing a high rate of mental illness in Jefferson County, a high sui- cide rate among older men and the fact that nearly half of the children in the county are born into poverty. "We need to realize it before its too late," he said. "Ten years of kids being born into those conditions, and I'm afraid it. will have gone too far." Saddler also took elect.ed 5-3-0"2- and other government officials to task for an organizational culture centered around "a strong belief in not making waves." Saddler criticized what he saw as a culture of "self-perpet- uation" among some elected officials and said there is "very little transmigration among county employees." Elected officials had largely criticized Saddler's manage- ment style during his tenure. Few county elected officials attended the Tuesday meeting. And calls to some elected offi- cials were not returned. "I don't think its sour grapes," Saddler told the more than 50 people who turned out at the Uptown Community Center in Port Townsend for the rµeeting. "If you want to think that, fine." Saddler said he is "relaxed and enjoying life" following his termination. "I'm the guy they had to pay $60,000 a year to leave," he said, referring to his six-month severance package. The week before Saddler was fired he said he learned he and his wife, Lynne, were expecting twins. .' IMore county ,cutbacks :Employees asked "to voluntarily curb hours - or jobs By STUART ELLIOTI' PENINSULA DAlLY NEWS Jefferson County administrators are ask· ing county employees to voluntarily reduce their work hours as a means of bridging the county's hefty budget shortfall. More than 300 county employees were sent letters Monday asking them to voluntarily rE,duce their work hours or accept being vol- untarily laid·off to help cover a $900,000 bud. get gap. The move would supplement major belt- tightening measures and a freeze on vacant positions already in the works by the county to balance its $12.1 million general fund bud- get, County Administrat.or David Goldsmith said. Goldsmith said a survey sent out to county employees several weeks ago indicated they favored a voluntary reduction in work hours over mandatory work-hour reductions, volun- tary layoffs and forced layoffs. Around 80 of the approximately 300 county employees responded to the survey Goldsmith S8\id. ' TURN TO COUNTY/A2 5-7-o?- - County: Cutbacks CONTINUED FROM Al Deputy County Administra- tor Gary Rowe said the county has identified a number of belt-tightening measures that could save between $750,000 and $800,000 this year. The cuts, which could be approved by county commis- sioners today, could go a long way toward making up Jeffer- son County's budget shortfall this year. They include cutting $150,000 in funding to the county health department, as well as placing a hiring freeze on 11 county jobs that are cur- . rently vacant, Rowe said. They also include scaling back funding for several capi- tal projects - including one at H.J. Carroll Park and another to build a storage building at the Sheriffs Office in Port Hadlock, he said. Other belt-squeezing mea- sures include limiting travel for all county employees, cut- ting equipment and office sup- ply purchases and scaling back on training. "All departments have been squeezed quite a lot," Rowe said. "Every place we can, we are cutting little bits there." Modest revenues Rowe said he doesn't neces- sarily expect the request for voluntary reductions in hours to generate a lot of revenue. He estimated savings at possi- bly $30,000. He said a countywide cut in hours could save as much as $100,000. "We're looking into that," Rowe said. "The board (of county commissioners) hasn't said whether they want to implement that." Goldsmith said no forced layoffs are expected this year. But next year - when rev- enue is predicted to fall $1 mil· lion short of expenditures - there may be layoffs, he said. "We may be looking at forced layoffs next year," he said. Forecasts change The exact size of the county's shortfall has changed during the past several months because of shifting revenue forecasts and changes in state funding. Rowe told commissioners in March that the deficit was around $400,000, and later information released by countyádministrators put the amount at $300,000. But Rowe said Monday that the shortfall was closer to $600,000. The county is also seeking to recoup nearly $300,000 that it took out of reserves to bal- ance the 2002 budget. After commissioners decide on the cuts, a public hearing will be held on the changes in June, Rowe said. A revised 2002 budget will then be passed by July 1, Rowe said. Water well rules may tighten Citizens' group wants some restrictions; state, too By Philip L. Watness Leader Staff Writer A citizens' advisory group will recommend Jefferson County limit wells from being drilled within one-quarter mile of shorelines. The Saltwater Intrusion Focus Group has met for 14 hours in four meetings to discuss wäys the county can comply with a state growth board order to develop regulations to protect wells from contamination by saltwater. Its final meeting was May 3. The Western Washington Growth Management Hearings Board ordered the county to des- ignate vulnerable seawater intru- sion areas within 180 days of its Jan. 10 order, develop and adopt protection standards for those areas, and adopt more restrictive development regulations regard- ing groundwater resources. The focus group recom- mended the county commission- ers promote the use of alternative water systems - perhaps rainwa- ter collection or saltwater re- verse-osmosis systems to remove the salt - and encourage residents to hook up to public water sys- tems where available. Regulations should be de- veloped that reflect the propor- tional risk of sea'Yater intrusion based on monitQring done by the county, the group con- 6-!-ð2- eluded. The members also said stiffer regulations should be implemented for wells being proposed within and near criti- cal aquifer recharge areas, but recommended the size of such zones be established based on the well-monitoring data. The formal report will be prepared by facilitator Mary Ann Seward of Port Townsend and presented to the Board of County Commissioners within the next several weeks. The commissioners have until Aug. 11 to comply with the state growth board's order. In order to do so, they must get some- thing to the Jefferson County Planning Commission by June 1 due to public process timelines. The nine-member focus group discussed tougher regu- lations than recommended, but could not find common ground on the specifics. Some advo- cated more restrictive develop- ment regulations that would ban well-drilling within prox- imity of shorelines and other areas with contaminated wells, but others maintained the county should have to show that a well would contribute to seawater intrusion in order to ban drilling. "These are big issues because they're matters of principle re- garding property rights and con- . "These are big issues because they're matters of principal regarding property rights and conserving for the future. Those dynamics make it hard to find common d" groun . MaryAnn Seward facilitator, Saltwater Intrusion Focus Group serving for the future," Seward said. "Those dynamics make it hard to find common ground." Focus group member David Sullivan of Port Townsend said he anticipated county staff would have to work out the details of the group's recom- mendations. "I think we'll have to coun on the staff to flesh out the de- tails to meet the [growÜ board's] mandates," he said "There were lots of details we got caught in, but ultimatel) it's the county's responsibilit) to protect groundwater." Dick Broders of DiscoveIJ Bay said the risk of seawateJ intrusion for Marrowstone Is- land residents shouldn't mear. tough regulations applied throughout Jefferson County. "You can't apply Marrow- stone Island conditions for the whole of Jefferson County," he said. County Environmental Health Water Resource Spe- cialist David Christensen said the recommendations are simi- lar to the second of three op- tions he presented to the county commissioners in January. That option also recommended des- ignation of areas within one- quarter mile of shorelines as seawater intrusion zones; the group's recommendations did not address the notion of man- datory water conservation mea- sures in those areas or to require installation of flow meters on new wells as a condition of issuing a building permit. Port lownsend 01 Jefferson County Leader Former county administra~or describes insular bureaucracy By Philip L. Watness Leader Staff Writer Fonner Jefferson County Ad- ministrator Charles Saddler re- fused to give his insider's view on local government in a talk to the Jefferson County Democratic Party April 30. But Saddler was thoroughly willing to talk from an outsider's perspective because, as he said, "I don't think I was ever an in- sider." Saddler became Jefferson County's first professional county administrator in April 2000. He left almost exactly two years later, when the county commissioners voted 2-1 to buy out his contract. Saddler said during his two years of work there, he found an institutional persona at the court- house more interested in self- preservation than in serving the public. "The organizational culture is self-perpetuation," he said. "I hadn't run into that level of self- preservation since I left Harland County, Ky. (where Saddler be- gan his career 22 years ago)," He said most of the county employees, particularly elected officials, had been working for the county their entire careers, leading to the insular perspec- tive. "What many of them know they learned from their predeces- sors." he said. "There's institu- tional inbreeding. Some jobs are better to grow and cultivate but there's a lot to be said for a broad, diverse workforce to emulate your basic community. I don't think we have that." Another problem facing Jefferson County because of the E;' - 8' -ð 2- "There's institutional inbreeding :' Charles Saddler former county administrator longevity of many of its senior employees is that more than one- third of them will reach retire- ment in the next seven years, he said. That means the county will lose its institutional memory with no one coming up to sup- plant it. The various departments have also not been refreshed by new talent coming in or by having employees work in different de- partments, Saddler contends. "This inbred approach and self-perpetuating culture mani- fest in a negative way as an elit- ist tone that very much bothered me," he said. "Too much time was spent on non-issues because they came from the right person and other ideas were summarily dismissed because they came from the wrong person." Saddler said the county health department was one example where cross-training flourished and new employees were suc- cessfully folded into the mix. Saddler said he spent much of his early months listening to ex- planations from various people on why they did or didn't sup- port the county" administrator position. "The staff was extraordinar- ily divided and they still are," he said. "Some communication lines were torn over the issue. The county commission was committed to the idea but the staff wasn't. TWo years later, the majority of the staff saw it in a better light. They appreciated the insulation from the politics that the county administrator pro- vided." But some of the elected offi- cials considered Saddler as a threat to their autonomy and power, he said. ''To many in Jefferson County .government, power is a sum-to- tal game," Saddler said. "They believe there's a limited amount of power and it's nonrenewable and finite. That's an archaic no- tion from my point of view." Saddler said that perspective leads those holding power to zealously guard it through an unforgiving bureaucracy in which risks aren't taken because that behavior isn't rewarded. "We instill the idea to narrow your focus and do what's safe and to narrow your view to do only the tried and true," he said. Saddler said he couldn't sur- mise how people would respond to criticism because "no one ever tread there." 'There's a strong belief that you don't make waves. People wanted me to play the intenne- diary between different people, but it couldn't be personal. There was a real reluctance to truly communicate. Constructive dia- logue would be taken as personal criticism," Saddler said the county's budget woes will test employees and elected officials to prove they have the conviction of their beliefs as expressed in the county's strategic plan. Saddler said Jefferson County has some truly antiquated ways of handling data, despite bein¡ on the back porch of one of th( most successful informatior technology companies Microsoft. "We talk about shooting fOJ a paperless society, but we're no replacing paper - we're just try. ing to automate it." Saddler said residents ane public officials alike place em· phasis on land-use issues while social issues go wanting. "We're putting way too muet emphasis on land use," he said. "partly because its great theater but we're letting the real issue5 that will tear us apart go unad- dressed." He said the county has a high rate of suicide among elderl)' men, has generations of indi- viduals locked into poverty, al- coholism' and drug abuse, and has a population of women of re- tirement age who may lose theÎI husbands' pensions when the men die. "You're fighting over 3 per- cent of the land in this county," Saddler said about land-use battles. "Meanwhile, you're let- ting the young die off. We have 200 kids being born into this county each year, half of whom are born into poverty in one of the wealthiest nations in the country." .., ~ PUGET SOUND WATER QUALITY ACTION TEAM Office of the Governor - For Immediate Release: May 8, 2002 Contacts: Wayne Clifford, Shellfish Programs, Dept. of Health Bob Woolrich, Shellfish Programs, Dept. of Health Mary Getchell, Puget Sound Water Quality Action Team Donn Moyer, Communications Office (02-74) 360-236-3307 360-236-3329 360-407-7312 360-236-4076 No Downgrades Slated for Washington's Shellfish Beds But, Many Areas Remain on Threatened List OLYMPIA - For the first time in more than ten years the state Department of Health has not had to decertify any of the state's 84 commercial shellfish growing areas due to pollution. "The last time this happened was 1990," said Bob Woolrich, growing area section manager. "This is good news for shellfish growers." Still, 16 shellfish growing areas are listed as threatened with a downgrade (Threatened List) and 18 more are listed as concerned (Concerned List). The pollution sources that placed these areas on the lists have the potential to affect more than 103 of the state's 319 currently licensed shellfish companies. These areas appear on the annual list of Threatened Shellfish Growing Areas in Washington,( http://www.doh.wa.gov/ehp/sf/EWS Summary.pdt) released today by the Washington State Department of Health. An Early Warning System map (http://www.doh.wa.gov/ehp/sf/threatareas.pdt) maybe viewed on the agency Web site. The threatened growing areas are: · Annas Bay at the elbow of Hood Canal in Mason County · Drayton Passage / Amsterdam Bay on Anderson Island in Pierce County · Dungeness Bay in Clallam County · The Pysht area along the Straits of Juan De Fuca in Clallam County · Grays Harbor in Grays Harbor County · Henderson Inlet in Thurston County · Hood Canal Forest Beach area in Mason County · Hood Canal Lynch Cove in Mason County · NaseIIe River growing area in Pacific County · NisquaIIy Reach Geoduck Tracts in Thurston County · North Bay in Mason County · Oro Bay in Pierce County · Oakland Bay in Mason County · Port Gamble Bay's Cedar Cove in Kitsap County .~ Shellfish areas threatened by pollution May 8, 2002 Page 2 · Portage Bay in Whatcom County · Rocky Bay in Pierce County In each area, fecal colifonn bacteria levels at one or more water sampling stations are close to exceeding state and national health standards for shellfish growing waters. These bacteria can originate from many sources, including stonn runoff contaminated by farm animal waste, sewage systems, and wildlife. In each identified area, the pollution is categorized as nonpoint pollution from stormwater, farm animal waste, on-site sewage systems, and wildlife. Identifying the actual source of nonpoint pollution in these areas is difficult because it is usually low-level, widespread, and intermittent. Correcting the sources of bacteria can be achieved through local projects. "Contamination anywhere in Puget Sound is a serious problem, but contamination to shellfish areas can often be stopped or significantly reduced if given appropriate attention," said Scott Redman, acting chair with the Puget Sound Water Quality Action Team. "The up side to this situation is that there are proven solutions to shellfish pollution - getting and keeping farm animals and their manure out of waterways and fixing failing septic systems often do the job." Washington is the leading producer of farmed shellfish in the nation. The Action Team's Web site (www.wa.gov/puget_sound) has more infonnation on the state's strategy to protect Puget Sound area shellfish areas. ### Visit the Washington Department of Health Web site at http://www.doh.wa.gov for a healthy dose of information.