HomeMy WebLinkAbout06 June
JEFFERSON COUNTY BOARD OF HEALTH
MINUTES
Thursday, June 13, 2002
Board Members.'
Dan Titterness, Member - County Commissioner District # 1
Glen Huntingfot'tÍ, Member - County Commissioner District #2
Richard U7 0/"1, Member - County Commissioner District #3
Geriffrry Masâ, Vice Chairman - Port Townsend City Council
]ill Buhler, Member - Hospital Commissioner District #2
Sheila U7esterman, Chairman - Citizen at LArge (City)
Roberta Frissell, Member - Citizen at LArge (County)
Stat! Members.'
Jean Baldwin, Nursing Services Director
LArry FC!)', Environmental Health Director
Thomas Locke, MD, Health Officer
Vice Chairman Masci called the meeting to order at 2:00 p.m. All Board and Staff members were
present, with the exception of Chairman Westerman.
APPROVAL OF AGENDA
Member Frissell moved to approve the Agenda. Commissioner W ojt seconded the motion, which carried
by a unanimous vote.
APPROVAL OF MINUTES
Commissioner W ojt moved to approve the minutes of Thursday, May 16, 2002. Member Buhler
seconded the motion, which carried by a unanimous vote.
PUBLIC COMMENT - None
OLD BUSINESS AND INFORMATIONAL ITEMS
Abatement of Public Health Nuisances - Policy Options: Referring to his memorandum to the Board
regarding abatement issues and authorities, David Alvarez summarized two available tools: Civil
Infraction and Abatement. Civil infraction is similar to writing a speeding ticket. Recipients go to
District Court and pay a fine. The disadvantage or deficiency is that if the individual is unable or
disinclined to pay, the problem (cars, garbage, or septic system) may go unabated. It does not work on
individuals who refuse to comply and may not be a way to proceed with someone who defies the system.
Abatement leads to Superior Court where the case gets lined up behind expedited cases. An abatement
case requires both proof of the nuisance and pre-trial discovery, which is a multi-layered and extremely
cumbersome process. Given that a letter from the Prosecuting Attorney works to abate the nuisance 60-
HEALTH BOARD MINUTES - June 13, 2002
Page: 2
80% of the time, at issue is whether we should devote judicial and prosecutor resources to pursuing the
few cases. He noted that Pierce, Kitsap and Grays Harbor Counties have been successful in their active
pursuit of violators. If the County successfully presented a case and the judge ordered the abatement, the
County could clean up the property but be unable to recover their costs, which would come from the
general fund.
To Commissioner Tittemess' comment that recovery could be guaranteed by a lien, David Alvarez noted
that the property involved might be worth less than the lien. A lien involves getting a warrant for a
specific dollar amount and recording that with the State. He added that while the tools exist to pursue
cases, deciding to use them is a policy/resource issue. Some people respond to a civil infraction, which
he would recommend as the first level of action.
Commissioner Titterness wondered whether adopting a policy of abatement and publicizing this fact
might result in the Health Board having to actually prosecute only one in ten cases?
Referring to Page 8, Paragraph 4 of David Alvarez' memorandum, Member Buhler asked if this means
that the County could be sued for creating a nuisance? Mr. Alvarez said that while Counties have a great
deal of protection, they could potentially be liable.
Vice Chainnan Masci asked about the possibility of empowering someone within the Department of
Health, such as Larry Fay and Linda Atkins, to act as Enforcement Officers. Mr. Alvarez said the
Department could then use Chapter 7.48 and the Notice of Civil Infraction (NOCI).
Member Buhler moved to appoint Larry Fay and Linda Atkins as Notice of Civil Infraction
Enforcement Officers with Jefferson County Environmental Health. Member Frissell seconded
the motion.
To a question from Commissioner Tittemess about the resources needed to pursue infractions, Larry Fay
explained that significant staff resources would be used in initial preparation and in court time.
However, once a regular system of processing is established, it should take less time. It is his opinion
that while some violators will pay their ticket, most will not. Those who at first contest the infraction
usually respond much better when in front of a judge.
Mr. Alvarez said that an attorney could walk the NOCI Enforcement Officers through the process of
presenting the case. The Enforcement Officer would testify to what was seen and the case could be
decided on those grounds. If staff is comfortable presenting cases this way, the process could be
streamlined.
Commissioner Titterness clarified that this would not require adding a staff person, but would be a
readjustment of resources.
Vice Chairman Masci commented that this approach has been the intent over the last three years, but we
have not had the "hammer" which this would finally provide.
Noting that today's action would have no effect until the codes are changed, Commissioner Wojt asked
about getting these conditions codified so that they can be enforced.
HEALTH BOARD MINUTES - June 13,2002
Page: 3
Larry Fay agreed that more work is needed on a procedures ordinance similar to those in Kitsap and
Pacific counties, which says, "violations of health codes... is, among other things, a civil infraction." All
of our codes would be combined into one compliance code so that infractions for any violations - solid
waste, on-site sewage, drinking water, etc. - could be addressed. The Board of County Commissioners
could then adopt a parallel ordinance to create a standardized procedure for civil infraction for building
and zoning violations. The first step is the normal notice of violation, followed by work toward resolving
the problem, then issuance of a civil infraction and then abatement. Ideally, there would be a need for a
compliance officer who knows the system and could "birddog" all the cases. Initially, however, we could
move along effectively by creating those authorities, providing training, and getting some consistency
about how we approach these problems interdepartmentally.
Motion carried by a unanimous vote.
Commissioner Wojt moved to direct staff to prepare the necessary process and framework for the
designated Notice of Civil Infraction (NOCI) Enforcement Officer. Commissioner Titterness
seconded the motion, which carried by a unanimous vote.
The Board thanked Mr. Alvarez for his memorandum, after which Mr. Alvarez then left the meeting.
Larry Fay then referred to the solid waste report of violations over the last year, which was included in
the agenda packet. There has been a resolution to most of the situations.
BOH Policy 96-02 Consideration - Required Connection: Larry Fay noted based on discussions at
the last meeting, he made modifications to Policy 96-02 to require connections to public water when
there is a compelling public health concern. However, due to some of the recent work on the seawater
intrusion policy regarding requiring such connections and alternative water systems, he believes it would
make more sense to create a unified Board of Health water code addressing public health issues. While
the Board could choose to move forward with the policy as amended, he would like to pursue the
development of a water code linking the Department's requirements regarding water development and
water improvement to the outcome of the Critical Areas Ordinance.
Member Frissell noted that a compelling public health interest would include saltwater intrusion.
Commissioner Huntingford questioned whether the Board's approval ofthe modifications makes any
difference since these requirements already exist as part of the Coordinated Water System Plan? When
requiring proof of potable water, the first thing the Building Department does is look for a water service
area. The individual is required to hook up to this service unless the purveyor states in writing that they
do not have the capacity, in which case the property owner can drill an exempt well.
Mr. Fay agreed that this does happen as part of a Health Department Well Construction Utility Service
Review, but modifications to the policy actually reduce the connection requirement. Currently the policy
states that if public water is available, you are required to connect, whereas the modified policy requires
connection only when there is a compelling public health reason. When he was drafting this policy he
was primarily addressing densities that cannot be supported by septic and wells. Now, in light of
seawater intrusion issues, he suggests that if the Board wanted to approve these modifications that it
HEALTH BOARD MINUTES - June 13,2002
Page: 4
might consider an addition to Page 2 of Policy 96-02. Under the first paragraph where it says, "and there
is a compelling public health interest" it could add "or other County Code requirement."
Commissioner Huntingford said it would seem that any potential health concerns about seawater
intrusion are already addressed by the words "compelling public health interest...." Larry Fay said this
might be where you run into problems. The thresholds that are in the critical areas ordinance are lower
than those in the drinking water standards for potability. This is why he is a little leery of beginning to
view seawater intrusion as a public health problem.
Dr. Locke said the policy is supposed to be an interpretation of such existing statutory authority. When
we address a case through policy as opposed to a code or ordinance, we are out on a limb and stretching
authority. This policy has created a monopoly for water purveyors who can set up a water operation and
declare a large rural area to be within this service area, yet someone on a 10-acre parcel included in that
area can be forbidden from drilling a well even though there is no prohibitive health issue. He believes
the existing language limits the Board in the area of public health.
Commissioner Huntingford moved to approve the proposed modifications to Policy 96-02 as
presented in the agenda packet. Commissioner Titterness seconded the motion. During discussion
of the motion, there were questions about how this language would address areas with higher densities?
Larry Fay explained that Policy 96-02 references Policy 97-02 and the On-Site Sewage Code, which lists
the minimum land area requirements and alternatives. The motion carried by a unanimous vote.
Jefferson County Board of Commissioners - Resolution #31-02: Commissioner Wojt referred to the
Resolution and the attached matrix, which reflects Departmental cuts. It was noted that although the cuts
will also impact the Health Department, because the cuts are treated as an Operational Transfer, they are
not noticeable as a department cut. Larry Fay noted the newspaper article referencing cuts to the
Department of Community Development and Law and Justice did not mention the $147K cut in the
Department of Health budget, which he reminded is in addition to the $90K cut earlier in the year, which
also impacted the 2002 budget.
Member Frissell reminded that many Health Department programs are preventative. Ifthe programs are
not supported now, it will cost another agency a lot more later. Commissioner Titterness noted that the
aIds Project, which is a preventive program, has been recently funded through a grant and will serve 100
or so families, as opposed to current 50-60.
NEW BUSINESS
Vaccine Shortaee: Dr. Locke reported that the State Department of Health issued an emergency rule
yesterday dealing with school entry requirements. To address the shortage, the State Department of
Health felt it had no choice but to create an expansion of an existing category titled Conditional Entry,
meaning that entry is conditional upon the completion ofthe required vaccine series at appropriate
intervals. This will now allow kids who cannot get vaccinated because of shortages to be admitted rather
than to force families into exemption.
HEALTH BOARD MINUTES - June 13, 2002
Page: 5
In response to a question by Member Buhler about there being only one supplier, Dr. Locke explained
that principal among several factors, is low profitability. The other factors are that the regulations are
tighter for vaccines and that there are natural delays in creating vaccines.
To the question whether we should be gearing up for a potential outbreak, Dr. Locke said that while the
risk varies among vaccines, the only concern in the DtaP is the whopping cough component. Tetanus is
not transmittable person-to-person and the last case of Diphtheria was in 1985. On the other hand, there
were Pertussis outbreaks even when there were adequate vaccine supplies. Staff will be in a heightened
surveillance mode for Pertussis in schools, for which there are antibiotics. However, since the vaccine is
the only tool against the viral infections like Measles the shortage is much more serious. Because the
vaccine wears off when you reach adolescence there is concern about adults reinfecting kids, especially
those unimmunized. Currently, all kids are vaccinated for their primary series for DtaP, which provides
immunity for 95-97%. The 4th and 5th doses, to be deferred, are booster doses. While most children will
remain immune through their initial school years based upon their primary series, the immunity of 10-
15% of these will wane if they have not had a booster. He noted that we are at an all-time high in
vaccine levels in the County and at an all-time low of vaccine preventable diseases. So we are not seeing
any increase of outbreaks during the shortage, but we are coasting on benefit of a vaccinated population.
Vice Chairman Masci asked if there is a plan to address the fact that many kids are vulnerable because
their parents lack knowledge. Dr. Locke noted that three years ago, Jefferson County peaked at an 8.9%
exemption rate for vaccinations, as compared to the State average of 3%. It now appears that after an
aggressive effort, this exemption rate may have dropped to 5%.
Member Frissell suggested Dr. Locke consider publishing his article about the importance of
vaccinations in The Leader again.
Commissioner Wojt asked about the State's plans for identifying a protocol for notification in the event
of an outbreak. Dr. Locke said a single case of measles constitutes an outbreak. In any such disease
where there is a person-to-person risk, all non-immunized kids can be pulled from school.
Dr. Locke mentioned that Health Officers from throughout the State wrote to the congressional
delegation in order to bring the vaccine issue to the federal level. He asked the Board of its interest in
taking similar action to express concern about the shortage and provided a draft letter for review.
Commissioner Wojt moved that Staff send the draft letter as presented to both Representatives
and Senators. Member Buhler seconded the motion. Member Masci proposed a friendly
amendment to the motion to include that the entire Washington State Delegation receive a copy of
the letter. The motion as amended carried by a unanimous vote.
Member Frissell asked if Dr. Locke knew the compliance rate among home schooled kids and whether
there is a requirement that when home school kids come into the school environment they have to be
vaccinated. Dr. Locke said he does not believe the mandatory requirement applies to those home
schooled, especially if schooling is within the family unit, although it would apply to commercial
preschools. Vice Chainnan Masci said he thought they did have to comply when they come into school
service. Dr. Locke said he is meeting with the State Board of Education next week and they will try to
HEALTH BOARD MINUTES - June 13, 2002
Page: 6
identify issues on which there is not good coordination. He said schools are often confused about their
role regarding enforcement.
State Board of Health - Arsenic: Dr. Locke announced that federal standards for arsenic have now
been raised, which is thought to be one of the most costly rules ever adopted by the EP A. The
permissible level of arsenic in public water system will be lowered from 50 ppb to 10 ppb. This rule was
passed after a comprehensive review by the Bush Administration found the health risks first detected
during the Clinton Administration to be even greater than feared. This is expected to affect nearly 13
million people, largely in Group A water systems.
Larry Fay explained that the drinking water program in Washington State is broken into two groups:
Group A water systems, comprised of 15 or more service connections to be regulated by the Federal
Government, and Group B, which is a state program. The state policy question is whether to follow the
federal lead and impose the 10 ppb standard on the Group B systems as well. He went on to say that
there are about six systems in Jefferson County that would exceed the 10 ppb standard.
Dr. Locke then explained that large systems could extract arsenic from the water at a very cost effective
87 cents per person per year. A small system, however would face very high incremental costs; the
minimum treatment capacity is about $3K, so it would not be cost effective for 2-4 connection well. The
risks from arsenic are primarily cancer. Ofthe 13 million people exposed to arsenic at levels of between
10 and 50 ppb, the excess mortality is about 50 cases a year. Other linked conditions include accelerated
rates of heart, neurological and gastrointestinal disease. Slow, chronic exposures damage tissue and
accelerate various degenerative disease processes.
There was additional discussion about whether the County should consider requiring people to test for
arsenic as a condition of a building permit, knowing that at least some ofthe public water supply wells
are currently exceeding this standard. Larry Fay noted that the metals test costs about $250.
Commissioner Huntingford expressed concern that as more people find they cannot afford to comply
with the increased testing, they will decide to not obtain a building permit. Mr. Fay said that Staff does
not go out and confirm that it is being treated, but has the property owner sign a restrictive covenant,
stating that they tested the well at a specific concentration and that to make it potable they should be
treating it for arsenic. The desire is for people to make informed decisions about their personal lives.
Community Assessment Activity Update: Jean Baldwin announced that she and Dr. Chris Hale would
present the BRFSS, vital statistics and census information at a City Council workshop on July 8th at 6:30
p.m. at City Council Chambers. Other invitees to the three-hour workshop include schools, hospitals, the
EDC and the Board of Health. Still being discussed by the Data Steering Committee is how to break the
data into manageable modules for taking action and what type of framework will work best for looking
at performance indicators.
Jean Baldwin announced that the Health Department received an $80K prevention grant from the
Governor's Commission on Juvenile Justice, the first non-juvenile justice group to do so.
HEALTH BOARD MINUTES - June 13,2002
Page: 7
AGENDA CALENDAR/ADJOURN
The meeting adjourned at 3:30 p.m. The next meeting will be held on Thursday, July 18, 2002 at 2:30
p.m. at the Jefferson County Health and Human Services Conference Room.
JEFFERSON COUNTY BOARD OF HEALTH
(Excused)
Sheila Westerman, Chairman
~~~
Richard W ojt, Member
iJ.I . ß. Þ 1
/~~
Roberta Frissell, Member
Da
NOTICE OF HEALTH BOARD MEETING TIME AND DATE CHANGE
The Jefferson County Board of Health will meet at 2:00 p.m. on Thursday, June
13, 2002 at the Health and Human Services Department. Resuming in July the
meeting date will continue to be the third Thursday of each month at 2:30 p.m. at
the Health and Human Services Department.
~ W1hVU~
Sheila Westerman, Chairman
Jefferson County Board of Health
JEFFERSON COUNTY BOARD OF HEALTH
Thursday, June 13,2002
2:00 - 4:00 PM
Main Conference Room
Jefferson Health and Human Services
AGENDA
I. Approval of Agenda
II. Approval of Minutes of Meetings of May 16, 2002
III. Public Comments
IV. Old Business and Informational Items
1. Abatement of Public Health Nuisances-- Policy Options
2. BOH Policy 96-02 Reconsidered - Required Connection
To Existing Public Water Systems
3. Jefferson County Board of Commissioners
Resolution # 31-02 (Information Item)
V. New Business
1. Vaccine Shortage Update
2. Community Assessment Activity Update
VI. Agenda Planning
VII. Next Meeting:
July 18,2002,2:30-4:30 PM
Main Conference Room, JHHS
David Alvarez
Larry
Larry
Tom
Jean
DRAft
JEFFERSON COUNTY BOARD OF HEALTH
MINUTES l)p
Thursday, May 16, 2002 ~A.¡:r
Board Membm.·
Dan Tittmteu, Member - Coun!y Commijjioner District # 1
Glen Huntingford, Member - COlln!y Commissioner District #2
Richard W ('it, Member - Coun!y Commis.rioner District #3
Geo.ff~ Ma.ra~ Vice Chairman - Port Town.rend Ci!y COlina!
Jill Buhler, Member - Ho.rpital Commis.rioner District #2
S beih WeJterman, Chairman - Citii.,en at Lz'l.e (CifY)
Roberta Fris.rell, Member - Citiifn at Lz'l.e (CounfY)
StaffMembm.·
Jean Baldwin, Nuning Services Director
Lzrry Fqy, Environmental Health Director
i7Thomas Locke,MD, Health Officer
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 Tittemess 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 Ouestions: 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 not~d 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 Tittemess 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 developmentlland 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 - 1/3 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 10-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 pubHc
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 6588IRestaurant 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 Meetinu:: 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 ~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
Sheila Westerman, Chairman
(Excused)
Jill Buhler, Member
(Excused)
Geoffrey Masci, Vice-Chairman
Richard Wojt, Member
Glen Huntingford, Member
Roberta Frissell, Member
Dan Tittemess, Member
Juelanne Dalzell
JEFFERSON COUNTY PROSECUTING ATTORNEY
Courthouse - P.O. Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
Jill Landes, Deputy Prosecutor
Michael Haas, Deputy Prosecutor
David W. Alvarez, Deputy Prosecutor
Tracey L. Lassus, Deputy Prosecutor
MEMORANDUM
To:
From:
Date:
Re:
Jefferson County Board of Health
David Alvarez, Chief Civil Deputy Prosecuting Attorney
June 4, 2002
Enforcement Questions, which includes "abatement"
The closely-related questions of enforcing local Ordinances and abating the consequences
left by persistent violators have recently been brought to this author's attention by, respectively,
the three County Commissioners and the seven-member County Board of Health.
The general issue of enforcement is similar to a memory game, because the tools that are
available to enforce and abate are seemingly placed in random locations within the state statutes,
provide different powers to different local officials and require much "dotting ofi's" and
"crossing oft's" by an attorney to achieve the goal desired: compliance.
Here are some "Frequently Asked Questions" that may assist you in your analysis.
What original source grants counties the right to create health and welfare
ordinances?
The original source is found in the Washington State Constitution. We must
look to the State Constitution because only the state government holds the
authority to create and empower the local government (or municipal
corporation) we know as Jefferson County. The applicable provision of the
State Constitution is Article XI § 11 entitled "POLICE AND SANITARY
REGULATIONS," which states that "Any county, city, town or township
may make and enforce within its limits all such local police, sanitary and other
regulations as are not in conflict with general laws."
Do statutes arise from the powers outlined in Article XI, §11 of the State
Constitution?
That provision of the state constitution encourages the State Legislature and
the Governor to provide powers of enforcement and abatement to the local
governments. Legislatures have used this power sporadically since at least
1854, well before Washington became a state. Thus, the list of statutes that
may apply in circumstances when local governments wish to enforce or abate
is a long one and I will discuss below only the most prominent ones.
Are there state laws specifically empowering the Board of Health and its Health
Officer?
Yes, they are, respectively, RCW 70.05.060 and RCW 70.05.070. The local
Board of Health is authorized to "supervise the maintenance of all health and
sanitary measures for the protection of the public health," enact any necessary
local rules that benefit or promote public health, prevent and control the spread
of contagious diseases and "prevent, control and abate.. nuisances detrimental
to the public health." The Health Officer has the same powers although he or
she cannot enact local rules since that is an action only a legislature and not a
person can undertake. It is these state laws that would allow the County Board
of Health to enact an enforcement and/or abatement ordinance if it chose to do
so.
Such statutes are dwarfed in number by the number of statutes found, by way
of example, in Title 70 RCW which declare that certain acts or omissions rise
to the level of a violation, be it civil or criminal. For example, if a person
commits a certain act (dumping solid waste without a permit), then, to follow
out that example, a civil infraction has occurred pursuant to RCW 70.95.240.
Do the County Commissioners have any parallel or similar authority?
Yes. Pursuant to RCW 36.32.120(7), the County Commissioners can
make and enforce "all such police and sanitary regulations as are not in
conflict with state law" for the unincorporated portions of the County. That
same state law allows the County Commissioners to make a violation of a
properly enacted "health and safety" Ordinance either a misdemeanor or a
civil violation subject to a monetary penalty. It is this broad so-called police
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 2 of 11
power which validates most, if not all, of the Ordinances the County
Commission enacts and further buttresses any sanitary regulations that County
Commission may have enacted when the 3-member County Commission also
served as the County's Board of Health.
So what exactly are the regulations found "on the books" in this County?
This author believes the following items are the most oft-used regulations and
rules in this County. The regulations used in this County include, but are not
limited to:
1. Applicable RCW and Washington Administrative Code
("WAC") provisions, such as those found at Chapter 246-272 WAC
governing on-site septic systems.
2. The Uniform Building and Fire Codes;
3. Section 8.15 of the Jefferson County Code, which governs on-
site septic systems; and
4. Section 10 of the Unified Development Code, our GMA-derived
development regulations, which speak to enforcement of zoning and
land use violations.
Others in the County will have more information on the daily utilization of
these or other regulations with respect to citizens who either apply or appear to
be in violation of a WAC provision or Ordinance
What is the enforcement process this County undertakes now?
The current enforcement process in Jefferson County begins with the
appropriate department or agency, usually either Community Development
(fì'kla the Permit Center) or Environmental Health, and ends, only as a last
resort, with assistance from the Prosecuting Attorney's Office, specifically this
author. This author does not learn of the potential violation cases that are
resolved solely through the work of County staff, but presumes that successful
resolution occurs through the mailing of form letters that provide gentle
reminders of what must be done to achieve and remain in compliance. Larry
Fay and Dr. Locke can better speak to that.
The names of the more recalcitrant offenders, typically those who have
ignored one or more letters from the department asking them to comply, letters
often sent via certified mail, are sent to this author's attention by the
departments. Our office has a form letter that threatens criminal prosecution
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 3 of 11
[the relevant Ordinances allow the County to deem a violation of that
Ordinance to be a misdemeanor as is pennitted by RCW 36.32.120(7) and
each day is a separate violation/misdemeanor] if they do not comply. Having
waved that powerful stick, the letter also contains a carrot: it urges them to
speak to the nice people at DCD or Environmental Health to remedy the
problem, the implication being that the County knows honest mistakes occur
and it is not eager to jail its citizens.
The letter on Prosecuting Attorney's Office letterhead is successful at least
9/10ths of the time. Often the offender simply let his or her pennit lapse, was
an absentee landlord who thought his tenant would take care of the problem, is
elderly or did not understand that there are no exceptions to the PUD
inspecting on-site septic systems.
If the letter on Prosecuting Attorney's Office letterhead is not successful, then
nothing else is undertaken, because litigation would be unwise, since the cases
have not typically been prepared in a way that would lead to successful
litigation and because the PA's office has extremely limited resources, i.e., this
author, who is the entire Civil Department.
These remaining offenders typically have a "come and get me" attitude based
in part on libertarian political beliefs or hennit-like attitudes and ignore the
letter this author sends. They are the hardcore offenders that we could be
more proactive about.
What, if anything, is missing from this County's regulatory toolbox?
I will take this opportunity to again strongly argue that this County needs an
enforcement officer, perhaps an officer who can handle enforcement actions
for both Environmental Health (septic, solid waste) and planning Gunkyards,
setbacks, illegal structures). If it was one person's job to write the tickets,
prepare the factual underpinnings for a court action, testify in court, handle
follow-up, encourage and monitor voluntary compliance, then enforcement
would settle into a routine and there would be continuity since the enforcement
actions would all cross a single desk. Current county staff has expressed their
reluctance to add enforcement duties to their already long list of duties. Of
course, I understand that Jefferson County does not have at present the
$50,000 or more it would take annually into perpetuity to pay for an
enforcement officer. But the hiring of such a person should be high on the
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 4 of 11
wish list when times get better.
Are there any legal limits that might prevent creation of an proactive
enforcement program?
Yes, and the problem arises in the difference between the powers granted to a
law enforcement officer, commissioned to prevent and detect crime, and the
powers granted to a county employee asked to prevent and detect health,
safety or zoning violations. Generally, Washington state case law states that a
police officer can intrude on private property to the same extent that a Postal
Service letter carrier or UPS driver can, i.e., they can go past "no trespassing"
signs and proceed up a driveway. The same does not hold true for a county
employee who has the job of enforcing local ordinances. The local code
enforcement officer would arguably be obligated to obey a sign indicating "no
trespassing," but could ignore that sign if he or she wished. However, if the
property not only was marked "no trespassing," but there was also a locked
gate across the driveway, then the occupant's obvious intent to not have
strangers enter his property would prevent the code enforcement officer from
entering the property, but not necessarily the police officer. Thus, some code
enforcement investigation must be done from the neighboring yard or from the
street.
A second limit on enforcing the provisions of local ordinances is the decision
of the Washington State Supreme Court to abolish so-called "administrative
search warrants." The published decision that abolished this type of search
warrant is entitled Seattle v. McCready, 124 Wn. 2d 300 (1994). Challenged
in the McCready case was an ordinance enacted by Seattle that allowed that
city to conduct random searches for building code violations based solely upon
the age, size and neighborhood of a particular multi-family dwelling. In other
words, if a building was old enough and in a certain neighborhood it was
likely that building violations were occurring there. When certain residents
and owners of a building that met this "old, thus decrepit" profile objected to
the searches, the State Supreme Court invalidated the Seattle ordinance as a
violation of the 4th Amendment to the US Constitution. The State Supreme
Court ruled that before a search could occur, there had to be probable cause
that a specific building contained a specific building violation, not merely the
suspicion that a building, based on its age, was likely to be in violation. Thus,
the bottom-line effect of McCready is to require the probable cause be present
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 5 of 11
in order to obtain a search warrant for a code infraction, the same probable
cause that must be present to obtain a search warrant during a criminal
investigation.
The practical effect of the McCready decision is that search warrants are and
will be extremely difficult, if not impossible, to obtain in the context of
attempting to enforce local civil ordinances and this County will need to
continue to rely upon Neighbor Smith complaining about the mess that
Neighbor Jones is making. However, we all know that neighbor v. neighbor
disputes are often simultaneously petty and ugly.
What about using civil infractions for enforcement against the most recalcitrant
offenders?
This would require giving the alleged violator a ticket [fonnally known as a
"notice of civil infraction" or "NOCI" pursuant to RCW 7.80.050(1)] akin to
those a police officer 'writes' when he alleges an automobile driver has
committed a traffic violation. Chapter 7.80 RCW would control and the
matter would be heard in District Court. This is the process:
a) an enforcement officer, someone authorized to enforce the provisions of the
ordinance or regulation that was allegedly violated, witnesses the violation or
concludes he has reasonable cause to believe a violation has occurred and
writes the NOCI on a quadruplicate and standardized fonn; RCW 7.80.040,
RCW 7.80.050(3) and 7.80.150 for the standardized fonns
b) the NOCI is either immediately handed to the alleged violator or if that is
not possible the NOCI is filed with District Court within 48 hours and served
on the defendant by the District Court; RCW 7.80.050
c) the NOCI equates with a detennination that the violation occurred UNLESS
it is contested by the defendant within 15 days. RCW 7.80.070 and .080(3)
d) at the time of the hearing held with respect to any contested NOCI, the
defendant may hire a lawyer and the County's DPA is not required to appear,
although this author assumes that County staff would certainly want the
County's DPA present at the adjudication; RCW 7.80.090
e) the hearing held with respect to any contested NOCI is a so-called "bench
trial," i.e., the District Court Judge has sole power to make decisions on
factual and legal issues and there is no jury involved RCW 7.80.100;
f) the burden of proof at the hearing on the contested NOCI rests with the
State of Washington (the County) and the County must "establish the
commission of the civil infraction by a preponderance of the evidence." The
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 6 of 11
legal term of art "preponderance of the evidence" has been interpreted to mean
that the evidence presented makes it more likely than not that the violation
which is alleged did occur; RCW 7.80.100(3)
g) if the Judge determines that the infraction did occur, then the defendant
must immediately pay monetary fines that can range from $25 up to $500 per
infraction, depending on the seriousness of the infraction, and this County's
District Court is authorized to use a collection agency to collect unpaid fines;
RCW 7.80.120
h) in the circumstances where a Judge has determined that the infraction did
occur and yet the defendant is indigent and cannot pay the fine then the Judge
can either reduce the fine or order the defendant to do community service, the
defendant will work off his fine at the rate of the state's current minimum
hourly wage; RCW 7.80.130(2)
i) a defendant who fails to either pay the fine or perform the required
community service can be found to be in contempt of court; and [RCW
7.80.160(3)]
j) the prevailing party may seek to have the losing party pay its attorney's
fees, although with our most stubborn offenders that may be the equivalent of
attempting to obtain blood from a stone RCW 7.80.140.
Civil infractions are well and good for punishment, but what about abatement?
Generally, if the citizen's action complained of constitutes a "nuisance," as
that term of art is defined in state law, then that nuisance can be abated.
However, the term "abatement" appears 151 times in state law and can refer to
the abatement (closure) of a place where liquor is illegally sold [RCW
66.36.040], seizure of a residence where illegal drugs were manufactured
[RCW 7.43.080], abatement of excessive noise by the State DOE [RCW
70.107.060] or abatement of a public nuisance by the Sheriff, since a public
nuisance can rise to the level of a criminal misdemeanor pursuant to RCW
9.66.030.
What, then, is the definition of a nuisance?
There are numerous definitions of nuisance found in state law.
While nuisance is defined in several portions ofCh. 7.48 RCW, the broadest
definition ofa nuisance is found at RCW 7.48.010, which defines a nuisance
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 7 of 11
as "[ t ]he 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." A roughly similar definition of nuisance is
found at RCW 7.48.120.
Thus four distinct actions or omissions can constitute a nuisance: a)
obstructing a highway, b) closing a channel or stream used for boating, c)
anything injurious to health or offensive to the senses or d) an obstruction to
the free use of property. Clearly, it is items ( c) and (d) previously described
that are most relevant to the analysis found in this memo.
But there are additional definitions of nuisance in Ch.7.48 RCW. A "public
nuisance" is defined at RCW 7.48.130 as "one which affects equally the rights
of an entire community or neighborhood, although the extent of the damage
may be unequal." RCW 7.48.140 then lists nine specific actions or omissions
which, if committed, constitute a public nuisance. While some seem unlikely
to occur (manufacturing gunpowder, fermenting alcoholic beverages), others
may apply to our 21 st century reality, specifically # 1 ("to cause or suffer any
. . . . .. offal, filth or noise orne substance to be collected, deposited or remain in
any place to the prejudice of others") and #2 ("to throw or deposit any offal or
offensive matter, ..... in any watercourse, stream, lake, pond, spring, well or
common sewer, street or public highway, or in any manner to corrupt or render
unwholesome ..... the water of any such spring, ....... to the injury or
prejudice of others.")
These statutes allow a person to sue a local government for permitting or
creating a nuisance [Miotke v. City ofSpokane,101 Wn.2d 307,678 P.2d 803
(1984), overruled on other grounds, sub. nom. Blue Sky Advocates v. State,
107 Wn.2d 112, 727 P.2d 644 (1986)] and for a local government to use the
public nuisance statute affirmatively pursuant to City of Burlington v. Kutzer,
23 Wn. App. 677, certif. denied 92 Wn. 2d 1036 (1979) (city can bring civil
nuisance suit against individual operating bingo hall in a residential
neighborhood in violation of the relevant zoning code.)
What can the local government do when it finds a nuisance?
RCW 7.48.200 informs us that the potential remedies against a public nuisance
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 8 of 11
are to 1) file a criminal infonnation pursuant to RCW 9.66.030,2) pursue a
civil action in a manner that confonns with RCW 7.48.010 to RCW 7.48.040
or 3) abate the nuisance.
The right to abate a public nuisance rests with any public body or officer
authorized thereto by law, according to RCW 7.48.220.
The "criminal infonnation" route will not be discussed here because the
burden of proof upon the State (county) in a criminal matter is so substantial
that it would make this process too cumbersome. The second and third routes
below overlap and will be jointly discussed.
What happens if a civil action is undertaken?
The party files the civil action and would generally ask for three fonns of
relief, i.e., that 1) the act or omission of the defendant does constitute a public
nuisance and must be remedied in a manner prescribed by the Judge, 2) for a
judicial Order entering and creating a Warrant of Abatement asking the Sheriff
to abate the nuisance at the expense ofthe offending party, i.e., the defendant
and 3) money damages that arose as a consequence of the existence of the
nuisance. RCW 7.48.020 and RCW 7.48.030. Only Superior Court and not
District Court can issue a Warrant of Abatement, according to RCW 7.48.260.
The County would nonnally not ask for money damages as we do not suffer
any consequential damages. Why? Because the County Sheriff is authorized to
recover the costs that the County would incur when the Sheriff abates and
reports the cost of the abatement. RCW 7.48.280.
Of course, the defendant may not have any money or any items of value to pay
the County either the fines or the cost of the abatement. Separately, does the
Sheriff have the resources or the knowledge needed to undertake abatements?
Can the defendant (the offender) slow down this process?
Absolutely.
The defendant can file court papers to stay (delay) the execution of the
Warrant of Abatement so that the defendant can cure or remove the nuisance.
The Warrant of Abatement will only be stayed if the defendant gives "bond to
the plaintiff in a sufficient amount with one or more sureties, to the satisfaction
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 9 of 11
of the court or judge thereof, that he will abate it within the time and in the
manner specified in such order." If the defendant cannot remedy the problem
within the time he or she asked for then, the Warrant of Abatement is issued
and abatement by the Sheriff takes place. RCW 7.48.040 and RCW 7.48.270.
Also, the bond is forfeited if the defendant cannot remove or cure the public
nuisance within six months, pursuant to RCW 7.48.270.
What papers would have to be filed to undertake a civil action against a
public nuisance?
The Civil DP A would have to file 1) a Verified Complaint signed by the
county staff person with personal knowledge of the violation, e.g., "on May 1,
2002 I saw the following violation at parcel #123 located on Center Valley
Road." 2) a notarized Declaration of that same county staff person attaching
any documents or photos that the staff person generated when investigating the
alleged violation, 3) a Notice of Issue mandating that the defendant come to
court and "Show Cause" why the alleged violation does not rise to the level of
a public nuisance that can and should be abated pursuant to Ch, 7.48 RCW,
which would include a date when the defendant must "Show Cause," and 4)
proof that the defendant/offender received notice well before the date for the
"Show Cause" hearing of that date and the purpose of the hearing.
Items #1 and #2 listed above in response to this FAQ would need to be
specifically tailored to each circumstance and the relevant facts and thus they
would require careful editing and organizing as well as high levels of
cooperation between the DP A and county staff. The other documents could
and would be standardized.
Again, can the defendant slow down this process?
Absolutely.
Initially, the defendant might need some time to retain an attorney. Once an
attorney has stated his or her intent to represent the defendant, then that
defense attorney can use all the tools of civil discovery, including
Interrogatories (questions), depositions (questions asked of a witness under
oath), requests for production of documents, the retention of experts etc. The
defendant's attorney can file motions, seek dismissal of the lawsuit andlor
simply ask for continuances (adjournments) of the case. In other words, there
is no guarantee that using Ch, 7.48 RCW would be easy or quick.
Nor is there any guarantee that a defendant would have the money to
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 10 of 11
reimburse this County for the costs the County incurred.
Are there certain activities that can never rise to the level of a public
nuisance?
Yes. Agricultural and forest practices, as defined by RCW 7.48.310, as well as
any act expressly authorized by a statute, can never constitute a nuisance.
CONCLUSION:
Of course, in an ideal world the goal of the County would be compliance not the
collecting of fines and penalties or, in a worse case scenario, assuming ownership
of the property where the violation occurred.
This memo could not be shorter because this is a complex topic that will require
much further debate.
Very truly yours,
David Alvarez, Chief Civil Deputy Prosecuting Attorney
Alvarez memo on Enforcement! Abatement
June 4, 2002
Page 11 of 11
Solid Waste abatement program
Results of initial program
2001-2002
Since the inception of the compliance/ abatement program for Solid Waste under the
auspices of the Environmental Health Department, the following cases have been
handled by the department:
A total of 84 cases have been reported to the department. The current status breakdown
IS:
Of the 84 cases,
· 9 were illegal dumping complaints investigated and abated. This number does
not include the on-going illegal dump cleanup program administered and
operated by the Juvenile Services Department.
· 4 were community sponsored cleanups:
*DNR Dabob Bay cleanup
*Chimacum Creek cleanup, Marine Science Center
*Quilcene Community Cleanup
*Duckabush Round-up
· 15 violation investigations and/ or mitigation are on-going.
· 56 cases were abated and closed.
Of the 56 abated cases, several have signed up for garbage service. When appropriate,
disposal receipts for self-hauling were requested and received by the department.
Additionally, ten (10) "No Dumping" signs have been placed at historical problem sites.
Molly Pearson
Environmental Educator
Memorandum
To: Jefferson County Board of Health
From: Larry Fay, Environmental Health Director
Date: Ma31, 2002
Re: Amendments to BOH Policy Statement # 96-02, Utility Service Review
Attached with your packets are two documents derived from our May Board meeting.
Attachment "A" is a line in, line out version of policy 96-02 that attempts to capture the
spirit ofthe discussion from the meeting. Essentially it modifies the original policy
significantly by imposing the requirement to connect to public water to only those
circumstances where there is a compelling public health interest to do so and goes on to
define compelling public health interest. This is a much simpler approach that should still
address the original problem.
Attachment "B" is a copy ofBOH policy 97-02 dealing with minimum land area
requirements for issuing an onsite sewage system. This policy clarifies existing
requirements contained with WAC 246-272 regarding septic permitting and the
relationship between type of sewage treatment (onsite vs. public sewer), water supply
(individual vs. public) and land area. This policy serves as the basis for the amendments
to 96-02.
Page 3 of3, Certification of Water Utility Service
A 1-1 a ( h lM-o~'i
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A
JEFFERSON COUNTY HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
Policy Statement 96-02
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Program:
Drinking Water
Subject:
Certification of Water Supply Utility Service for Building Pennits
Chapters 19.27.097 and 18.104.043 RCW
The 1990 Growth Management Act includes provisions requiring proof of an adequate
supply of potable water for the intended purpose(s) of the building before a building
permit can be issued. The law (Chapter 19.27.097 RCW) also indicates that counties
may impose conditions on building pennits requiring connection to an existing public
water system where the existing system is willing and able to provide safe and reliable
potable water.
The Water Well Construction Act, Chapter 18.104.043 RCW, allows the Department of
Ecology to delegate portions of water well construction program through a Memorandum
of Agreement with the local governing body. This policy is intended to adopt the
following guidelines to implement the Memorandum of Agreement, and to create
guidelines to implement a utility service review procedure.
Effective this date, the following policy shall be adopted concerning procedures that shall
be followed to request :trom Jefferson County a review of water service and inspection of
individual water well construction if water well is to be constructed.
I. General Requirements.
A. Every land owner shall be required to submit an application for
Certification of Water Supply Utility Service. Ifwater service is available
from an approved public water system in a reasonable and timely manner,
and there is a compelling public health interest in requiring connection to
public water, then the land ownerlandowner shall be required to connect to
the public water system.
B. If a water well is to be drilled, the land owner or representative shall
submit the application for Certification of Water Supply Utility Service at
least three (3) days in advance of commencing construction of the well.
Jefferson County may observe construction of the surface seal, to assure
compliance with WAC 173-160.
II. Utility Service Review
A. The land owner, or the land owner's designated representative, shall
submit to the Jefferson County Permit Center a completed "Request for
Page 3 of3, Certification of Water Utility Service
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Certification of Water Supply Utility Service". Upon receipt ofthe
request, Jefferson County will determine the potential availability of
public water systems to the area in question. Where potable water is
available ftom an approved public water system in a reasonable and timely
period, which is defined as 120 days in ESSB 5448, and there is a
compelling public health interest in requiring connection to the public
water system, the property owner shall be required to connect to the
available public water system if capacity exi~ts. For the purposes of this
policy it shall be deemed to be in the public health interest to require
connection when the development being proposed will utilize an onsite
sewage system and the building site is smaller than the minimum
necessary to support a well and onsite system. (See Policy Statement 97-
m
B. Proofthat water is not available ftom the existing public water system
must be in the form of a letter ftom the water purveyor indicating that
capacity does not exist and/or service cannot be provided in a timely
manner.
C. For individual wells, proof of water adequacy for the purpose of obtaining
a building permit shall be valid for thirty-six (36) months form the date of
completion ofthe water supply well. After 36 months, the land owner will
be required to re-establish proof of an adequate supply of potable water in
order to obtain a building permit.
D. If the property owner constructs a water supply well and is also required to
connect to an existing water system, the public water supply system shall
be protected ftom cross-contamination in accordance with the purveyor's
backflow prevention plan or program.
III. Water Well Construction Notification Procedure
A. The land owner, or the land owner's designated representative, shall
submit to the Jefferson County Permit Center a completed "Request for
Well Inspection" now fewer than three days and no more than one-
hundred and twenty (120) days before the commencement of work on a
well. If after 120 days the well has not been constructed, the land owner
will be required to submit another request for utility certification. No
additional fees will be collected for the submission of the new request
form.
B. The land owner, or the land owner's designated representative,
construction or decommissioning a water well shall follow procedures
outlines in 18.104.048 RCW, Prior notice of water well construction,
Page 3 of3, Certification of Water Utility Service
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reconstruction and abandonment, and 18.104.050 RCW, Reports of water
well construction or alteration.
C. Water well contractors shall be responsible for notifying Jefferson County
Environmental Health by telephone at least 24 hours prior to commencing
construction on any well, following procedures established by the Director
of Environmental Health.
IV.
W ater Well Inspection
A. Jefferson County Environmental Health shall inspect construction of
wells, in accordance with the Memorandum of Agreement between
Jefferson County and the Washington Department of Ecology. Well
construction shall follow procedures outlined in WAC 173-160 for well
tagging, construction, and decommissioning of water supply wells.
B. Water samples are to be drawn by the land owner, or the land owner's
representative, and tested at a state certified lab for all parameters required
for compliance with 19.27.097 RCW and Jefferson County Policy (No.
93-02). Chloride shall be measured in accordance with the Critical Areas
Ordinance (Nos. 05-0509-94 and 14-0626-95), which charges
Environmental Health with developing a system for receiving and
analyzing dew data in order to continually assess the condition ofthe
aquifers (Section 7.301.9). At a minimum, the land owner shall test for
total coliform, nitrate-nitrogen, and chloride. Lab results shall be
submitted to the Environmental Health Department within 30 days of the
completion ofthe water supply well.
v.
Fee Schedule
A. The Environmental Health fee schedule shall follow the fee schedule listed
in Jefferson County Ordinance No. 03-0205-96, as amended.
B. The adoption ofthis policy shall include a procedure for Certification of
Water Supply Utility Service, which incorporates into one fee, paid to the
Permit Center: the determination of water adequacy, well site inspection,
and water service review.
This policy shall remain in effect until amended or repealed by the Jefferson County
Board of Health.
Page 3 of 3, Certification of Water Utility Service
Health Officer
Date
Chairman of the Board of Health
Date
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JEFFERSON COUNTY HEALTH & HUMAN SERVICES
ENVIRONMENTAL HEALTH DIVISION
POLICY STATEMENT NUMBER 97-02
PROGRAM: Onsite Sewage
SUBJECT: Minimum Land Area Requirements
Effective this date the following policy shall be adopted concerning the minimum land area that is
necessary for the approval of an application for an onsite sewage permit.
1. When there is an inconsistency between onsite sewage system regulations and county or
city zoning or other land use or development regulations, the more restrictive regulation
shall apply.
II. The minimum land area required for approval of an onsite sewage system permit shall be
determined by either Method I or Method IT as established in Chapter 246-272-20501
WAC. When a Method IT analysis is being performed the analysis must be conducted for an
area of at least 100 acres. If the project site is less than 100 acres, the area surrounding the
site shall be included so that a minimum of 100 acres is analyzed. When conducting a
Method IT analysis, the area to the centerline of a road or street right-of-way may be
included in the minimum land area application if the dedicated road or street right-of-way is
along the perimeter of the development and is dedicated as part of the development and land
area is at least 12,500 square feet in area and the property can be served rrom an approved
public water supply.
m. Applications for permits for sites not meeting minimum land area requirements, whether
determined by Method I or Method IT, shall be approved only when a waiver ITom minimum
land area requirements has been approved by the Health Officer.
A. General Land Area Waiver Provisions.
1. Applications for waivers must be submitted on forms prescribed by the Health
and Human Services Department and appropriate fees must be submitted before
a waiver will be considered.
2. The waiver application shaH include a justification describing how the requested
waiver is consistent with the purposes and objectives of protecting the public's
health. Justification may be in the form of the "standard land area waiver"
described below or may be specific to the proposed development.
3. Applications for waivers ITom minimum land area requirements will be reviewed
by the Health Officer or his designee within thirty (30) days of receipt of the
waiver application. The Health Officer must provide written findings that the
'.
waiver is consistent with the standards and intent of the onsite sewage system
regulations before the waiver may be approved.
4. The Health Officer may establish monitoring, sampling, inspection or other
appropriate requirements as a condition of the waiver.
B. Waiver Limitations. Waivers to minimum land area requirements will not be
approved if any of the following conditions exist:
1. The proposed project is within a Vulnerable Aquifer Recharge Are~ or is within a
Special Aquifer Protection Area and susceptible aquifer recharge area as
identified in the Jefferson County Interim Critical Areas Ordinance, unless
Critical Areas BMPs have been adopted allowing development on smaller
parcels.
2. The proposed system requires any other waivers ftom onsite sewage system
regulations.
3. The land area under contiguous ownership on which the development is being
proposed can accommodate an onsite sewage system without a land area,
WaIver.
4. Sewer service is available in a timely and reasonable manner.
C. Standard Land Area Waiver Conditions. A standard waiver may be approved if
the following circumstances have been met:
1-. The ownership pattern of the land area on which the development is being
proposed was established prior to the effective date of this policy, and;
2. The land area available for the proposed development can be justified by means
of an analysis using unit volumes of sewage per unit land are~ for example:
Parcel size = 9,800 square feet
Public water
Soil type = Type 3
Minimum land area per Table VII = 15,000 square feet
9.800 sq ft x 450 gpd/sewage unit = 294 gpd volume
15,000 sq ft/unit sewage volume
The parcel could support a two-bedroom home with a waiver; m:
2
3.Land area averaging when an off-site drainfield or well is proposed. The average
land area of the sites encumbered by the onsite sewage system and/or well is
equal to or greater than the minimum land areas specified in Table VII, for
example:
Adjacent building sites, 0.5 and 3 acres
Individual water supply
Minimum land area per Table vn = 1 acre
Off-site drainfield on adjacent 3-acre site
3 acres + 0.5 acres
2
= 1.75 acres average
1.75 acres >
I acre ITom Table vn
Waiver may be approved.
Q!
-
4. The waiver is conditioned upon providing an advanced level of treatment prior to
disposal and neither 2 nor 3 above are feasible.
a. A one-level step up in treatment allows approval of a waiver to 75% ·of the
minimum land area requirement.
b. A system providing treatment standard I perfonnance prior to disposal allows
approval ofa waiver to 50% of the minimum land area requirement.
D. Appeals to decisions regarding waiver applications may be made by filing a written
request with the Jefferson County Board of Health within fifteen (15) days of the
decision.
IV. This policy shall remain in effect until amended or repealed by action of the Jefferson
~oard of Health.
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Health Officer Date
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Chairman of th
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f- c2..{ç - 9 '7
Date
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2íUlLE VII
Minimum Land Area Requirement
Single Family Reside».ce or Unit Volume of Sewage
..- .::::::!tlL:~:*:::J.leê!!1!!I!!.Y!!!I!!t!!!I!"lf!!111:¡~ 1:11¡¡i!~!I¡I¡I¡i!¡i;::~::
2A,2B T 3
12,5~ '.. . T~5.000
sq.ft. sq.ft.
lA,lB
0.5 acre1
Public
2.5 acre%
--.-...
Individua],
on each lot
1.0 acre1
-1 acre
1 acre
2.5 acres%
TABLE V
Maximum Hydraulic Loading Rote
ForResidenJiolSewagtl
'1--'-'"
. '.'~~:'.';:':'.'.".:~:~"-'.:'.'..':.:':.::=:
: ·:t:;SôjJlt;~;
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. .......;....... ~:. .:':':::::-::. . . .... . -
1A Very gravelly% coarse sands or coarser,
extremely gravelIy3 soils.
IB
2A
2B
3
4
5
6.
4
5
6
18,000
sq. ft.
20,000
sq.ft.
22,000
sq. ft.
1 acre
2 acres
2 acre'"
n_I;~~~H
Varies according to
system selected to
meet Treatment
Standard 2 ..
Very gravelly medium sands, very gravelly fine sands,
very gravelly very fine san~
very graveIly loamy sands.
Coarse sands (includes the ASTM C-33 sand).
Medium sands.
Fine sands, loamy coarse sands, loamy medium sands.
Very fine sands, loamy fine sands, _
loamy very fine sands, sandy loarns, loams.
Silt loams that are porous and have well developed
structure.
Other silt learns, sandy clay loarns, clay learns,
silty clay learns.
TABLE IS FRON WAC 246- 272
.
Varies according to
soil type of the non-
gravel portion 5
1.2
1.0
0.8
0.6
0.45
0.2
¡~.~ ¡cJ.S
JEFFERSON COUNTY
STATE OF WASHINGTON
IN THE MATTER OF
HEARING NOTICE: PROPOSED BUDGET
REDUCTIONS FOR VARIOUS
GENERAL FIDpJ DEPARTMENTS
}
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RESOLUTION NO.
31-02
WHEREAS, the 2002 General Fund budget was adopted on December 24, 2001,
per Resolution No. 99-01, in which appropriations of expenditures were made
for the various departments funded by the General Fund, and
WHEREAS, the State of Washington has reduced state shared revenues to
support the local criminal justice system by eliminating I-695 replacement
funds, and
WHEREAS, local economic conditions have been in decline resulting in
lower revenue receipts for various revenue sources including sales and use
tax, timber excise tax and investment income, and
WHEREAS, expenditures approved in the 2002 General Fund budget exceed
projected revenues by approximately $930,000, and
WHEREAS, future forecasts for revenues are not expected to increase to
a level to sustain the current authorized expenditure levels, and
WHEREAS, available reserves would be depleted if expenditures are not
reduced during the 2002 budget year, and
WHEREAS, the Board of Commissioners finds that the aforesaid conditions
constitute and emergency that could not have been foreseen or contemplated at
the time of preparing the Genera~ Fund budget for 2002.
NOW, THEREFORE BE IT RESOLVED That an emergency exists and that the
following identified departmental budgets within the General Fund are to be
reduced by the amount shown on Attachment A.
BE IT FURTHER RESOLVED, that a public hearing be held on the said
emergency budget reductions and that said hearing be held in the County
Commissioners Chambers, Courthouse, Port Townsend, Washington on the 29ch day
of May, 2002 at the hour of 2:00 p.m. and that said notice of said hearing be
published in the official newspaper of Jefferson County, and that at said
hearing those interested may appear and be heard for or against the budget
reductions for such alleged emergency.
APPROVED this ~3Ch'day of May, 2002.
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Clerk of the Board
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ATTACHMENT A
2002 Budget Reduction Revised
Budget
DEPARTM;ENT
Assessor 555,706 (9,222) 546,483
Auditor 359,341 (7,117) 352,224
Elections 163,941 (13,689) 150,251
Clerk 329,828 (16,166) 313,663
County Administrator 280,282 (28,543) 251,739
County Commissioners 352,185 (10,028) 342,157
Board of Equalization 7,152 (1,380) 5,772
Ci vil Service Commission 4;208 (405) 3,803
Planning Commission 10,123 (1,866) 8,257
Public Safety 143,987 (20,550) 123,437
cooperative Extension 188,270 (8,463) 179,806
District Court 635,585 (16,931) 618,654
Ani ma 1 Services 223,390 (10,887) 212,504
Juvenile services 768,395 (41,667) 726,727
Parks & Recreation 390,534 (20,245) 370,289
Community Development 996,155 (119,596) 876,559
Prosecuting Attorney 622,878 (36,373) 586,505
Coroner 23,450 (1,100) 22,350
Sheriff 2,537,767 (76,357) 2,461,410
Superior Court 410,552 (49,955) 360,596
Treasurer 256,332 (3,765) 252,567
Operating Transfers 1,608,221 (312,552) 1,295,669
Non-Departmental 1,310,079 (101,745) 1,208,334
Grand Total 12,178,360 (908,604) 11,269,757
May 29, 2002 ~
Community Health, Environmental Health, Natural Resources & Human Services
Presented by Jean Baldwin, Director Community Health, Health & Human Services
Public health structure is a compilation of National and State systems that rely on local
jurisdictions to provide services to each community. Funding for those services Js a shared
responsibility of Federal, State and local agencies. Health & Human Services provide essential
core public health services to Jefferson County through the competent management of local
public health funds. For over a decade we have been able to provide professional services to
Jefferson County that have ensured a decrease in communicable disease and family violence
while implementing services that allow development while preserving water quality.
In this, the third year of declining public health funding, we are no longer able to reduce
programs and services while maintaining outside revenues that are leveraged by local dollars.
Those programs have enabled Health & Human Services to generate $5 in public health funds
through fees, grants and partnerships for every one-dollar received through County General
Funds. These funding practices and management systems allow us to provide essential core
public health services to our community such as immunization clinics, assessment, and
prevention services.
Prior to this budget revision Community Health had already cut $90,000 from program budgets
and reduced staffby 1.5 FTE. Additionally these July budget revisions cut a further $147,267
from the HHS budget. These further cuts mean that the general fund support to HHS are at
about the same level as 1996. Funding priorities are set by local needs and decisions are
directed at core services and measured by performance standards. This reduction in General
fund support rolls back the public health support to the lowest level since pre 1997 with the
expectation that services will meet the community health needs of 2002 and beyond. While we
are able to tighten our belt for the next 6 months, we must sustain key and essential public health
service to our community. We implore the board of commissioners on behalf of the citizens of
Jefferson County to maintain funding to public health services at a level that assures a safe and
healthy community for our children and seniors today and in the future.
RESPONSE TO HEALTH OFFICER INQUIRY: REASONS FOR VACCINE SHORTAGES
Reasons for the Shortages Overall
The nation has been experiencing shortages of several of the routine childhood vaccines since
mid 2000. Although there are some differences in the underlying causes of shortages among the
various vaccines, there are several over-arching factors that are applicable to the vaccine
shortages in general. They include:
1. Decreased or limited numbers of manufacturers producing and supplying vaccines.
2. Removal of thimerosal containing vaccines ftom the supply.
3. Production changes due to the removal of the preservative thimerosal in some childhood
vaccmes.
4. Temporary or periodic discontinuation of production to allow for production practice
changes or upgrades, due to external or internal audit of production practices.
5. Pricing differentiation between the public sector and the private sector that leads to
manufacturers' selecting in some cases to provide a greater amount of the shortage vaccines
to the private sector than to the public sector.
Reasons for the Shortages by Vaccine
DTaP and Tetanus Related Vaccines -- The nation has been experiencing shortages of several
vaccines since mid-2000. The earliest shortage was in Tetanus and tetanus related vaccines, such
as DTaP, Td, T, DT, and DTaP/HIB, for which tetanus is the limiting factor. This shortage
stemmed ftom several key factors:
1. In late 1999, public concern over the use of the preservative thimerosal in childhood vaccines
lead to the removal of thimerosal containing vaccines ftom the market, and revamping the
manufacturing process for those vaccines, effecting the production ofDTaP, DTaP/HIB, and
other vaccines.
2. The number of manufacturers of tetanus and tetanus related vaccines decreasing ftom 4 to 1
over a period of about 3 years. In 2000, a manufacturer that had previously produced 32
percent of the national product need for diphtheria and tetanus products discontinued
production ofTd, leaving a single national producer ofTd. Shifting shares ofthe market,
changes in production activities, and the length of time needed to grow the tetanus virus have
all limited the availability of tetanus and tetanus related vaccines.
3. There also has been some discrepancy in the availability ofDTaP vaccines for the public
sector, which purchases the vaccine at a lower cost, versus the private sector.
All of these factors have contributed to the current shortage problems. As we begin to see the
resolution of the Td shortage, the shortages for other tetanus containing vaccines, such as DTaP,
will begin to resolve as well. Just recently, there has been some improvement in the Td supply.
Although the restrictions for Td vaccination continue, the vaccine will be made available to the
private sector for routine immunizations in the summer of2002. The DTaP shortage is
anticipated to be resolved by the end of 2002.
RESPONSE TO HEALTH OFFICER INQUIRY: REASONS FOR VACCINE SHORTAGES
PCV-7 (pneumococcal coniugate vaccine 7 valiant) Vaccines -- Nationally, the shortage of
pneumococcal conjugate vaccine has been felt equally in both the public and private sectors.
Key factors contributing to the availability of PCV -7 include:
1. A single manufacturer producing the vaccine.
2. Unanticipated rapid implementation in the public sector, and high demand for the vaccine,
resulting in a demand that exceeded manufacturing projections and supply.
3. Manufacturer experiencing need for re-vamping some manufacturing practices due to audits
by the Food and Drug Administration.
The manufacturer indicates that production for 2002 will soon meet the demand though
inventory build-up may not be sufficient to return to the "routine schedule" before fall 2002.
Varicella Vaccine -- The Varicella supply was primarily affected by delays caused by updating
production practices. This is also a vaccine with a single licensed supplier in the United States.
1. Both public and private providers in all states have experienced critical shortages.
2. States that have included Varicella vaccination as part of their requirements for childcare
and/or school attendance are advised to consider options for allowing conditional entry until
the vaccine is available to update the child's immunizations.
3. ACIP has recommended that routine Varicella vaccinations be delayed from 12-18 months of
age to 18-24 months of age (see MMWR, March 8, 2002).
Providers may be able to return to recommended schedule by early summer 2002.
Measles. Mumps. Rubella (MMR) Vaccine -- The MMR supply was primarily affected by delays
caused by updating production practices. This is also a vaccine with a single licensed supplier in
the United States.
1. The MMR supply is rapidly improving nationally; in Washington State, we have been
virtually unaffected by this short-term shortage.
2. Nationally, ACIP has recommended that providers suspend the second dose ofMMR iftheir
supply is insufficient (MMWR, March 8, 2002).
Vaccine shonage
update
June 4,2002
(The following is an editorial submitted by Washington State Health Officer Dr. Maxine Hayes
to the Yakima Herald-Republic for publication on June 5, 2002):
The mission of the state Department of Health is to protect and improve the health of people in
Washington State. Vaccination is one of the most important things the department does to
accomplish that mission. The department works closely with the policy-setting state Board of
Health on such issues, and both agencies are committed to taking measures to protect public
health despite the current national vaccine shortage.
The shortage is making this work very difficult. Our state buys thousands of doses of vaccine
every year and provides them to children at no cost, however in some ways, we are just like any
other consumer: The product must be available before we can purchase it. That is where the
problem lies. There is just not enough vaccine being made right now. Fewer manufacturers
producing vaccine along with changes in manufacturing practices have contributed to the lack of
vaccine availability. There have been several types of vaccine in short supply over the past few
years. Currently, the shortage ofthe vaccine for diphtheria, tetanus and whooping cough (DTaP)
is the one that health care providers are most concerned about.
Next week at its June 12 meeting, the Washington State Board of Health will consider allowing
me to temporarily adjust state immunization requirements when a vaccine shortage exists. This
would be a temporary rule change, in effect for 120 days, to ensure that children who delay
receiving a DtaP booster will still be able to attend school or licensed childcare this fall. The
Y akima Herald-Republic recently ran an editorial against this plan, but I believe it was a position
taken without a clear understanding ofthe issue.
The state Department of Health and the state Board of Health are working with local health
departments, doctors, nurses and clinics to do our best to continue to protect children against
vaccine-preventable diseases. DTaP is usually provided in a series of five doses to children
between the ages of two months and four to six years. The initial three doses provide strong
protection when a child is most vulnerable to the severe consequences of diseases. The last dose
is a booster needed to ensure immunity through the primary school grades.
Unfortunately, there is just not enough vaccine available to provide five doses to every child in
our state right now. That is why during this shortage the National Advisory Committee on
Immunization Practices is recommending children receive the initial three doses ofDTaP, defer
the fourth dose, and if necessary the fifth dose.
This plan is allowing children at highest risk to be immunized on schedule. I want to make it
clear: Immunization standards have not changed. It is essential for all children to be fully
immunized. Many of these diseases can still result in potentially devastating consequences,
including death. That is why we in public health are taking measures to assure as many children
as possible are vaccinated with this limited supply. We continue to distribute vaccine throughout
the state as soon as it arrives.
All indications are that the national supply of most vaccines should be back to normal by late this
year. We shouldn't punish kids by keeping them out of school because they have not received
their DTaP boosters. By managing the vaccine supply carefully, we should have enough to
adequately protect children and allow them to attend school. The state Department of Health and
the state Board of Health are working with local health departments, health care providers, and
schools to track children who must delay booster doses now so they can be vaccinated when the
supply returns to normal.
Additionally, the state is collaborating with local and national partners to help resolve current
shortages and prevent future ones. In the meantime, we must all work together to effectively
manage this situation so we can continue to protect and improve the health of people in
Washington State.
Dr. Maxine Hayes, State Health Officer
Washington State Department of Health
Jefferson County Health and Human Services
MA y ~ JUNE 2002
NEWS ARTICLES
1. "Census 2000 Results: Who We Are", Peninsula Daily News
Page 2: "Housing prices outpace wages", May 12,2002
Page 3: "Census snapshots of the Peninsula", May 12, 2002
Page 4: "Median home values, incomes by counties" and
"Putting census figures in perspective, May 12, 2002
Page 5: "Census shows mixed results in housing", May 13,2002
Page 6: "Jefferson incomes keep pace with percentages", May 14,2002
7. "Shortage may delay shots for school kids", The Seattle Times, May 13,2002
8. "Vaccine shortage update", Editorial by Dr. Maxine Hayes, W A State Dept. of Health,
June 4, 2002
9. "State plans to cash in on tobacco funds", Peninsula Daily News, May 14,2002
10. "Health Fair in Quilcene rated a success", P.T. LEADER, May 22,2002
11. "Public hearing set May 29 on county budget cuts", P.T. LEADER, May 22,2002
12. "County to discuss $920,000 in cuts", Peninsula Daily News, May 26,2002
13. "Access for all in Jefferson", Peninsula Daily News, May 29,2002
14. "Jefferson: County likely to seek delay in well rules", Peninsula Daily News, May 29,
2002
15. "County curbs services for budget cuts" (2 pages), Peninsula Daily News, May 30,
2002
16. "Saltwater intrusion report goes to commissioners on Monday", P.T. LEADER,
June 5, 2002
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PENINSULA DAILY NEWS
Sunday~howcase
2-
Cens~s: Housing
prices outpace wages
CONTINUED FROM Al
The median household
income in 2000 was $36,449
- up from 1990, when the
median was $25,434.
The median home value in
Jefferson County in 2000 was
$171,900 - in 1990 the
median price was $88,700.
The median household
income in 2000 was $37,869;
in 1990 the median was
$25,197.
Local real estate agents
said finding affordable homes
for families is often trouble-
some.
"It is time we get serious
about employing our people,"
said Kevin Miller, certified
residence specialist anq the
owner and broker of Winder-
mere Real Estate in Port Lud-
low.
"A young family cannot
afford to purchase a nice
home on their wage scale."
Said David Ramey, opera-
tions manager for Coldwell
Banker Uptown Realty in
Port Angeles:
"It is becoming more diffi-
cult to find a house for under
$100,000 for families.
"The houses are out there,
it is just not as easy as it used
to be."
Statewide, the me<lian
household income was
$45,776; the me<lian cost of a
home was $168,300.
. WE DON'T NEED NO
EDUCATION. . . OR DO
WE?
More than one-quarter of
Washingtonians, 28 percent,
have earned a bachelor's
degree or higher; 87 percent
have graduated from high
school.
In Jefferson County, 28.4
percent of adults have earned
a bachelor's degree or higher.
Only 20.8 percent of Clal-
lam County residents have
earned at least a bachelor's
degree.
In 1990: Jefferson, 21.8
percent; Clal]am, 16.1 per-
cent.
Statewide, 4 percent of res-
idents have less than a ninth
grade education.
Locally, 1.4 percent of Jef·
ferson County residents
0990: 5.07 percent) and 3.3
percent of Clallam County
residents 0990: 5.93 percent)
have less than a ninth grade
education. .
The towns with the highest
concentration of college grad-
uates and doctorates are also
the towns with the highest
incomes and home values.
Beaux Arts Village, Yarrow
¡Point and Medina, expensive
,:uburbs in King County, boast
a population more than 70
p ·ercent college-educated.
The .to~ns wi~h the .bigg~~t
CENSUS 2000 RESULTS
WHO WE ARE
less than a ninth grade educa·
tion are Mattawa, Mabton
and Mesa in Eastern Wash·
. ington.
These cities also have large
numbers of Hispanic immi-
grants, many of whom
dropped out of school to work
in America.
· THERE'S NO PLACE
LIKE HOME
When people in Garfield
County buy a house, they stay
put.
The census data indicate at
least 63 percent of Garfield
County residents have lived
in the same house since 1995,
followed by 62 percent of
Wahkiakum County residents
and 59 percent in both Lin-
coln and Pend Oreille coun-
ties.
In Clallam County, 54.3
percent of residents have
lived in the same house since
1995. (1990: 45 percent had
lived in the same house since
1985.)
In Jefferson County, 52.9
percent can say the same.
0990: 48 percent had lived in
the same house since '85.)
House-hopping is most
common in Whitman County,
where 62 percent of residents
lived in a different house in
1995.
In Kittitas and Clark coun·
ties, 56 percent has moved in
the past five years.
· ICH BIN EIN
BERLINER?
A good portion of Washing-
tonians may have some leder·
hosen stashed in their closets
- 19 percent of respondents
reported having German
ancestry.
That number climbs in
Clallam County where 19.5
percent say they have Ger-
man ancestry.
And more Jefferson
County residents - 22.4 per-
cent - say they are of Ger-
man ancestry.
In Jefferson County, other
most common ancestries
reported were English, 19.8
percent; Irish, 13.2 percent;
and Norwegian, 7.6 percent.
In Clallam County, other
most common ancestries
reported were English, 15.2
percent; Irish. 12.2 percent;
and Norwegian, 6.1 percent.
· BABY, YOU CAN
DRIVE MY CARS
Three-car garages are the
nonn in Skamania County -
on the Oregon border -
where 32 percent of people
report they have three or
The state average is 22
percent.
Nineteen percent of CIal-
lam County residents have
three or more cars.
In Jefferson County, 22.8
percent of people have three
or more cars.
The county where people
are most likely to hoof it - or
stay home - is Grays Harbor
County, where 10 percent of
people have no car. The state
carless average is 7 percent.
In Clallam County, 6.9 per-
cent of residents are carless.
In Jefferson County, 5.3
percent are carless.
· CHESTNUTS ROAST-
ING ON AN OPEN FmE
More than half of Washing-
ton's 2.3 million households
use electric heat. But wood
furnaces rule in severallocali-
ties.
In Ferry County - on the
Canadian border - 54 per-
cent of households bum wood
for heat; Stevens County has
the second-highest wood
usage, at 33 percent.
In Jefferson County, 18.5
percent of residents reported
using wood to heat their
homes.
In Clallam County, 14.6
percent heat their homes with
wood.
Statewide, about 107,000
households use wood-burning
stoves or furnaces to stay
warm.
· TRIPS TO THE OUT-
HOUSE
Less than 1 percent of
Washington households lack
complete plumbing - mean-
ing a flush toilet, hot and cold
running water, and a shower
or bathtub.
Ferry County has the
largest concentration of
homes with incomplete
plumbing, at 5 percent.
San Juan County follows
with 4 pe.rcent of households
lacking complete plumbing.
In Clallam County, 0.8 per-
cent lack complete plumbing.
In Jefferson County, 1.8 per-
cent lack complete plumbing.
· DENT OF RENT
Median monthly rent
reported in the 2000 Census
in Washington starts at $225
in the small town of Krupp,
in Grant County, and goes all
the way up to $1,750 in Clyde
Hill, in King County.
The median rent for the
state was $663.
Ferry County had the low-
est rents, with a median of
$380.
Snohomish County median
rent was $766, narrowly beat-
ing out King County (median
Washington Iilcome
The median income in
Washington is $45,776.
1999 Income
HousehoJds
$200.00() -
$150.000
-2.2%
-2.1%
-8.3%
-11.8'..
$100,000
Sì5.{){)û
- 21.4%
$50,000
-17.1%
$35.000 -
-12.5%
$25.000
-11.7%
$15.000
$10.000
_5.5%
-7.8%
rent $758) for the dubious
distinction of highest rent.
The median rent in Clal-
lam and Jefferson counties
were $532 and $595, respec-
tively.
In 1990 (in 1989 dollars):
Clallam, $308; Jefferson,
$312.
. POVERTY
About 7 percent of Wash-
ington families Jive in poverty,
according to the census.
Poverty rates were highest
on the east side of Washing-
ton. '
In Okanogan and Franklin
counties. 16 percent of fami-
lies were Jiving in poverty;
the poverty rate was 15 per-
cent in Yakima County.
The lowest poverty rates
were in Snohomish, Island
and King counties, where 5
percent of families lived below
the poverty threshold.
On the North Olympic
Peninsula, 7.2 percent of fam-
ilies in Jefferson County and
8.9 percent of families in CIal-
lam live below the poverty
threshold.
In 1990: 9.10 percent of
families in Jefferson; 9.5 per-
cent of families in Clallaro.
. DISABillTIES
Eighteen percent of Wash-
ington residents age 21 to 64
told the census they have a
disability.
The highest concentration
of people reporting disabilities
was in Pend Oreille County,
where 29 percent of residents
described themselves as dis-
abled, followed by Pacific
County with 26 percent and
Lewis county with 24 percent.
In Jefferson County. 16.3
percent of residents age 21 to
64 reported themselves as dis-
abled (in 1990, 18.5 percent).
In Clallam County, 23 per-
cent of residents in that age
group reported themselves as
disabled (in 1990, 22.7 per-
cent).
Al0 SUNDAY, MAY 12,2002
.,
Census snapshots of thè Peninsula
BY ROGER HARNACK CENSUS 2000 RESULTS pations comprised 26.3 percent The median home value was The median home value is $589.
PENINSUl.A DAlLY NEWS of jobs. $90,800, and 12.8 percent of here was $125,900; 61.7 per· Ouilcene
WHO WE ARE Forestry. fishing and farm- homes do not have telephones. cent are heated by electricity.
From small towns with ing comprised only 12.4 per- 16.1 percent by gas and 15.8 Although only 8.8 percent of
struggling economies tp aIDu· cent of jobs. Port Angeles percent by wood.
ent subdivisions, recentiy The median family income. residents here have earned a
released Census 2000 figures Indian reservation - the pop- was $38,844, with 25.6 percent More than half of all resi- Port Ludlow bachelor's degree, 80.5 percent
ulation is 5.6 American Indian dents, 52 percent, have lived in" have earned a high school
paint a diverse picture of com~ and 90.1 percent white; of that, of families bringing in between the same house since 1995, Residents in this upscale, diploma or attended continu-
munities in Clallam and JetTer· $50,000 and $74,999 annually.
son counties. 15.8 percent reported having The per capita income here and 18,9 percent of residents resort-style community make ing education classes.
Bell Hill, just outside German ancestry. is only $13,686. have earned at least a bache· more money, live in more More than 24 percent of res-
Sequim, and Port Ludlow Additionally, 12 percent Statistics show 10.8 percent lor's degree.. . expensive homes and have idents have never been mar-
shine as examples of the North reported a Norwegian back- of families do not own a car. A small portion of residents, attained higher educational ried and 30.8 percent of grand.
Olympic Peninsula's affiuent ground. and 12 percent Thirty.two percent of fami- 14.9 percent, has not com- levels than their peers in Jef- parents are raising children.
residents. reported English ancestry. lies with children younger than pleted high school. ferson County. Most residents, 57.1 per-
The median home values in The median family income German ancestry was This community's affiuence cent, have lived in the same
t.hese toommunities exceed here was $53,906. The per 5 lived below the poverty reported by 21.5 percent of res· on the North Olympic Penin- house since at least 1995.
capita income was $23,285. threshold. idents, followed by 14.4 per' sula is second only to Bell Hill. The most common ances-
,,200,000. The median home value in
BUl in other areas, there are Most homes here are mod- Forks was listed at $83,500; "'Cnt reporting Irish ancestry Nearly 39 percent of res i- tries reported here are Ger-
homes without plumbing. ernized, but 9.1 percent lack 23.8 percent are heated by and 14.1 percent reporting dents here have earned at least man, 19.5 percent; Irish, 15.5
kitchens or telephones. complete plumbing and 9.1 wood. English ancestry. a bachelor's degree - and only percent; English, 12.8 percent.
Here's a series of snapshots percent lack complete kitchen Another 1 percent are Nearly two-thirds of fami· 4.4 percent reported not hav· Nearly half of families
of local communities detailed facilities. warmed by fuel oil or kerosene. lies, 65.6 percent, reported ing graduated from high reported having all parents
in new Census 2000 social, eco· The median home value was having all parents working, school. working - 47.7 percent-
nomIc and household data listed as $166,100. Marrowstone Island earning a median family Veterans account for 29 per- earning a median family
released last week. income of $41,450. cent of the population, but income of $45,313.
'I'his information comes Brinnon Residents here like living on The per capita income was only 13.3 percent report hav- The per capita income was
from a survey of one in every Only 15.5 percent of resi- the island - 69.3 percent have $17,903. ing disabilities. $17,335.
,ix households done with the lived in the same home since Less than 10 percent of The most common ànces· While only 11.3 percent of
Census long fonn. dents in this small town have 1995. families reported living in tries reported were English, families report living below the
While not 100 percent accu- earned a bachelor's' degree or Many residents. 35.7 per- poverty, but 25.8 percent of 29.2 percent; German, 22.6 poverty threshold, 20.5 percent
rate, it does provide a compre- higher and 33.6 percent have cent, have earned at least a families with children younger percent; Irish, 11.8 percent. with children younger than 18
hertsive snapshot of life on the lived in the same house since bachelor's degree.. than 5 said they were living No families reported having reported living in poverty.
1995.
Peninsula. Veterans accounted for 30.6 The most common ances- below the poverty threshold. both parents working, yet the All families here own a car.
The towns of Beaver, Chi· percent ofthe population. tries reported here were Eng- The median home value was mean family income was The median home value in
macum, Clallam Bay, Joyce, Here. 21.4 percent of resi- lish, 23.9 percent; German, listed at $111,300; 87.6 percent $62,298. Quilcene was $114,800.
Sekiu, LaPush and other small dents reported English ances- 21.2 percent; Swedish, 8.9 per- are heated by electricity. The per capita income was Most common home heating
communities were not induded try. cent. Only 4.1 percent of resi- Only 2 percent o.f homes $36,625, and no families systems were wood, 43.9 per·
in the Census data released The median family income dents reported Norwegian lack telephone semce, and 0.3 reported living in poverty. cent; electricity, 28.5 percent
last week. in Brinnon was $34,375; 9.9 ancestry. percent reported mcomplete The mean home value in and gas, 13.8 percent.
percent of families here live More than three-fourths of plumbing. Port Ludlow is $244,200, and An additional 11.9 percent
Bell Hill under the poverty threshold. residents, 76.6 percent, com· Just outside the city limits, 52.3 percent of residents have have coal- or coke-heated
This community is the most The per capita income was muted to jobs, and 4.3 percent Census data varied slightly. lived in the same house since homes.
reported working at home. Educational, ancestries and 1995.
al1luent on the Peninsula. $19.820. The median family income working parent figures were Sequim
Bell Hill residents have The median home was val-
attained higher educational ued at $129,900, and 27.9 per· here was $41,607, and retire- similar. Port Townsend Most residents of this com·
ment income of $20,995 But the median home value
levels and live in more luxuri- cent are heated by wood. accounted for part of the fam- and family incomes were Many residen ts ofthe City munity are retirees who have
ous homes. of Dreams are newcomers or moved here since 1995.
In this upscale subdivision Carlsborg ily total. higher. like to move around - 51. 7 More than 30 percent of
The per capita income was The median rural Port
south of Sequim. 50.1 percent Less than 15 percent of resi- $22,028. Angeles home value was percent have lived in different Sequim residents moved here
of residents have earned a dents have earned a bachelor's No Marrowstone Island $127,600, and the median fam- houses sirice·1995. from other communities in
bachelor's degree, and all said degree., and 49.4 percent have families reported living below ily income was $43,333. Moreover, 22.8 percent lived Clallam County, and 27.9 per·
they have at least a ninth- lived in the same house since the poverty threshold. The unincorporated per in different homes in 1999 or cent are from other counties.
grade education. 1995. The median home value capita income was $19,108. the fITSt three months of 2000. More than 15 percent are
More than 39 percent of res· Located between Sequim here was $275,400. But residents here still have from out of state.
idents have lived in the same and Port Angeles, 23.4 percent Fifty.four percent of homes Port Hadlock-Irondale a high educational attainment, Veterans accounted for 24.9
house since 1995; 51.2 percent of Carlsborg's residents are heated by electricity; 24.4 with 33.1 percent having percent of residents.
have moved into the subdivi- reported German ancestry. percent are heated by gas. Although 10 percent of resi- earned at least a bachelor's Most common ancestries
~ion since then. Most residents there, 72.1 dents here reported having degree. reported are English, 20.9 per'
'I'wenty-eight percent of res· percent, reported commuting Neah Bay earned a bachelor's degree or Only 8.2 percent of adults cent; German, 20.7 percent;
idents are veterans. to work in neighboring com· higher, a larger percentage - ·here failed to complete high Irish, 12.8 percent.
The median annual family munities. Their mean com- Only 8.3 percent of adults in 11.4 - failed to complete high school. Retirees here have a mean
income here is $85,595, with mute time was 16.1 minutes. this Makah tribal town schooL Veterans made up 18 per· retirement income of $23.929,
$38,546 coming from retire- The median family income reported having a bachelor's or Fifty-two percent have lived cent of the population, including Social Security of
ment benefits. here was $36,736, but much of higher degree; 7.5 percent have in the same house since 1995, The most common ances· $11.684.
rrhe per capita income is that income was from Social less than a ninth-grade educa· but many - 40.7 percent- tries reported here are Ger· The mean family income in
$35,568 - that's more than Security and retirement bene- tion. were born out of state. man, 24.4 percent; English, Sequim is $35,652, and the per
mean family incomes in B~rin4 fits. More than half of all resi- The most common ances- 20.7 percent; Irish. 14.3 per- capita income is $19,253.
non, Neah Bay and Port Had- The per capita income here dents, 55.1 percent, have lived tries reported heré are Ger- cent. A number of senior citizens
lock-lrondale. was $17.350. in the same house since 1995. man, 22.2 percent; Irish. 16.4. When the Census long fonn and families live below the
Retirees or residents who do Thirty-one percent of fami- The racial breakdown is percent; English, 11.8 percent was completed, nearly 76 per. poverty threshold here - 10.7
not work comprised 52.7 per- lies here with children younger 78.2 percent American Indian Veterans make up 18.8 per- cent of all families in Port percent of all senior citizens
cent of the Bell Hill popula- than age 5 reported living and 14.1 percent white. cent of the population. Townsend had two worldng here and 9.8 percent of a1l fam·
lion. below the poverty threshold. Most residents here, 89.1 Most residents here com· parents earning a median fam- iJies were living in poverty in
Nearly 62 percent of resi- The median home value was percent, reported Makah muted to jobs in neighboring ily income of $47,027. 2000.
dents were born out of state, $108,600; 93.3 percent of ancestry; 2.8 percent reported communities - the mean com The per capita income was And 78.1 percent of single-
and 27.7 percent reported Ger- homes are heated by electricity. German and 2.3 percent mute time was 24.8 minutes. $22,395. mother homes with children
man ancestry. reported English ancestries. Both parents worked in 83.· Only 8.9 percent of families younger than 5 live in poverty.
The mean home va1ue in Forks Nearly 83 percent of resi- percent of the family house- here live below the poverty Many families - 14.5 per·
Bell Hill was listed as Only 10 percent of residents dents reported being born in holds, bringing in a median threshold, but 11.4 percent of cent - do not own a car.
$313,100, and 85.5 percent of the United States. family income of $34,84 7. families do not own cars. The median home price in
homes are heated by electricity. here have earned a bachelor's The median family income The per capita income was The median home value Sequim is $126,200, and 92
degree or higher. and 6.5 per- here was $24. 583. $15,720. here was listed as $150,300, . percent of homes are heated by
Blyn cen t reported having less than The per capita income here Service jobs a,cco¡mted for and the median monthly rent electricity.
a ninth-grade educatioti. was $11,338, and 26.3 percent 23.8 percent of emplo)[ment.
In this small town, Hi.s per- Nearly half of all residents of families reported living Only 13.6 percent Qf all
cent of residents have earned _ 48.4 percent - have lived in below the poverty threshold. families reported living in
bachelor's degrees or higher the same house since 1995. Moreover, 47.4 percent of· poverty.
and 28.1 percent are veterans. German, English and Irish families with children younger But 40.8 percent of 'ramilie~
Thirty·two percent have were the most common ances- than 5 reported living in with children younger than fi I
lived in the same house since tries reported. poverty. reported living in pove
1995, and 34.6 percent were Fifty.one percent of families
born in Washington state. here reported having all par-
The community is part of ents working - service occu·
the Jamestown S'Klallam
Median home 'values,
incomes by counties
The 2000 Census long fom),
distributed to about 1 million
households in Washington state,
asked people to estimate their
home's value. The results, by
county:
County
San Juan County
King County
Snohomish County
Island County
Jefferson County
Washington State
Skagit County
Clark County
Whatcom County
Kitsap County
Skamania County
Pierce County
Chelan County
Wahkiakum County
Thurston County
Douglas County
Clallam County
Kittitas County
Mason County
Cowlitz County
Benton County
Whitman County
Lewis County
Walla Walla Co.
Yakima County
Spokane County
Stevens County
Klickitat County
Pacific County
Franklin County
Pend Oreille Co.
Asotin County
Grant County
Grays Harbor Co.
Ferry County
Okanogan County
Columbia County
Adams County
Lincoln County
Garfield County
Median value
$291 ,(x)()
$236,900
$196,500
$174,800
$171,900
$168,300
$158,100
$156,600
$155,700
$152,100
$150,200
$149,600
$148,400
$147,500
$145,200
$134,600
$133,400
$133,400
$132,300
$129,900
$119,900
$119,600
$117,800
$114,300
$113,800
$113,200
$112,(X)()
$110,400
$102,700
$102,000
$101,100
$100,500
$ 99,500
$ 96,400
$ 92,400
$ 91,400
$ 85,000
$ 84,300
$ 83,500
$ 68,100
The Census also contains
data about median household
income. Overall, median income
in Washington state has
increased 47 percent since the
1990 Census. Take a look at how
your county compares:
County
King County
Snohomish Co
Clark County
Benton County
Thurston County
Kitsap County
Washington State
Island County
Pierce County
San Juan County
Skagit County
Whatcom County
Cowlitz COUI,¡y
Mason County
Wahkiakum Co.
Skamania County
Franklin County
Douglas County
Jefferson County
Chelan County
Spokane County
Clallam County
Walla Walla Co.
Lewis County
Grant County
Lincoln County
Yakima County
Stevens County
Klickitat County
Grays Harbor Co.
Adams County
Asotin County
Columbia County
Garfield County
Kittitas County
Pend Oreille Co.
Pacific County
Ferry County
Okanogan Co.
Whitman County
Median income
$53,157
$53,060
$48,376
$47,044
$46,975
$46,840
$45,776
$45,513
$45,204
$43,491
$42,381
$40,005
$39,797
$39,586
$39,444
$39,317
$38,991
$38,464
$37,869
$37,316
$37,308
$36,449
$35,900
$35,511
$35,276
$35,255
$34,828
$34,673
$34,267
$34,160
$33,888
$33,524
$33,500
$33,398
$32,546
$31,6T7
$31,209
$30,388
$29,726
$28,584
Source: U.S. Census Bureau
",
SUNDÀY, MAy 12, 2002 All
Putting Census
figuresi\A perspective
Census 2000 figures released last year showed:
. Jefferson County's population grew by 28.83 per-
cent from 1990 to 2000, from 20,146 to 25,953.
The median age is 47 .1.
Females outnumber males, 51.1 percent to 48.9 per-
cent.
In 2000, 2$.,92R.Jefferson residertts.were white - 91
percen~¡2.~ perc~nt were An+~17ican Indian, 2,1 percent
were HisBli\i1.ic; 1.2 percent w~re Asian and 0.4 percent
were Africàn .American. In 1990, 19,252 residents were
white ---~5.6pércent.
. Clallam County grew by 14 percent, from 56,464 to
64,525.
The1)1~diári age is 43.8.
Theré.æesIightly morewömen (50.3 percent) than
rnen (49.7þerceht).
In 2900, 57,505 Clallam resIdents - 89.1 percent -
were white; 5.1 percent were American Indian, 3.4 per-
cent were Hispanic, 1.1per.cent were Asian, 0.8 percent
were AfricanA.mérican. In 1990, 52,509 residents ~ 93
percent -Wère white.
. Thedty öf Sequim has the oldest median age in
Washington (59.3 years) and th~,highest ratio of women
to men in the state (3 to 2; the adult population there is
59.2 percent female).
Peninsula Daily News
Census shows mixed results in housing
Long form data note higher home
values, but dip in household income
Second of four parts
BY BRENDA JlANRAHAN
PENINSULA DAlLY NEWS
A decade of prosperity and
growth propelled Washington home
values to new heights in 2000, but
household incomes lagged behind.
. The U.S. Census Bureau
released data last week showing
that the median home value in
2000 for the state was $168,300, up
38 percent since 1990, adjusting for
inflation. During the same decade,
median household income
increased by 13 percent to $45,776.
The median home value in Jef-
ferson County in 2000 was
$171,900 - an increase from 1990
when the price was $88,700. .
The median household income
in 2000 was $37,869, compared to
1990 when the median was
$25,197.
"It is time we get serious about
employing our people," said Kevin
Miller, certified residence specialist
and the owner and broker of Win-
dermere Real Estate in Port Lud-
low. "A young family cannot afford
to purchase a nice home on their
wage scale."
Miller said there is affordable
housing in Jefferson County, but
CENSUS 2000 RESULTS
WHO WE ARE
low wages mean families cannot
afford an "affordable house."
"Locally the jobs are just not
there," he said. "We have to find
something better than service jobs,
people that protect and serve our
community cannot afford to live in
the community they lay their life
down for each day - that needs to
change. "
Affordable homes valued at
about $100,000 are in high
demand, he said.
Miller, who has been a real
. estate agent on the North Olympic
Peninsula for about 13 years, said
that as prices steadily increase pe0-
ple are renting apartments and
houses longer.
"The best thing anyone can do
is buy real estate, hold onto it and
profit from it, but a young fanùly
simply cannot afford to do that,"
he said. "They want to buy, their
wages won't let them."
Long form data
The new census data come from
the 2000 Census long form, which
was received by one in six house-
holds - about 1 million people in
Washington. .
The long form includes 53 ques-
tions on everything from income to
indoor plumbing, and asks people
to estimate their own home values.
TURN TO CENSus/A2
Census: ,Home prices decline
CONTINUED FROM Al
In ClaIlam County, David
Ramey, operations manager for
Coldwell Banker Uptown
Realty in Port Angeles, £aid
waterfront property and
houses costing about $100,000
are in high demand.
And lower priced homes
that require homeowners to
refurbish are selling better
than belin'e.
He said the closure of the
Rayonier mill in Port Angeles
Il1 March 1997 caused home
prices to decreHse.
That inventory has been
reduced, cHusing agents to
have more trouble finding
housll1g for client.s seeking
houses at the lower end of the
market, he said.
In May 1999, there were
674 list.ings of rssfå"ent.ial
homes. By May 2000, there
were 637 listings.
This month there are only
479 hstmgs, he said.
Sequim market
Longtime real estate agent
Judy Beier, of RE/MAX Fifth
Avenue R~al Estate in Sequim.
says housmg between $100.000
and $200,000 sells very quickly.
"When I first started one of
the things I reaJly liked about
Sequim was there was plenty
of. affordable housing." she
said. "Prices have steadily
Increased and now it is hard to
find a quality house for a fam-
Ily within the $190,000 range."
BeIer said many. retirees
want to purchase a waterfront
home for in-town prices and
are surp,'ised by the cost.
"It all depends on where
they are from," she said. "If
they are from California hous,
ing looks cheap. if they are
JnJlll Iowa it is expensive."
13ei('r, who has been selling
real estate in S;quim si~1<.:e
ing longer," she said. "They
cannot scrape together a down
payment because housing costs
are so expensive."
Census expert Richard Mor-
rill, a professor emeritus at the
University of Washington, said
the lower and middJe classes
are getting squeezed by rising
home values.
Morrill said Washington's
1990 Growth Management Act
has ~iyen up .home v!!lue by
restnctmg aV81lable land for
development.
"It is by far the No. 1 rea-
son." he said.
He also said the state's pop-
ulation grew 21 percent from
1990 to 2000 and new develop-
ment lagged, creating a short
suppl~ of housing and driving
up pnces.
Home values
The statewide trend of
zooming home values helps
explain voters' recent
approvals of two initiatives
aimed at limiting property
taxes, which are tied to
assessed home value.
Other parts of the state
including Hunts Point, a water:
front enclave near Bellevue
has median home value~
topped at $1 million in the 2000
census, a first in the state.
On the opposite end of the
spectrum, $1 million could buy
all 22 homes in the tiny town of
Starbuck in southeastern
Washington, where median
home value is reported at
$38.800, the lowest in the state.
Still, soaring home values
didn't leave Eastern Washing-
ton untouched.
Median home value grew by
about 50 percent in Starbuck
from 1990 to 2000, as it did in
Hunts Point.
While some lucky sellers
s~ru.ck gold with rapidly appre-
clatmg home values, the trend
puts home ownership out of
reach for some others.
"People are priced out of the
home market," said Tony Lee
community service director 1'0;
the Fremont Public Associa-
tion in ~attle. "Poor people
are paymg a greater and
greater portion of the income
. for housing."
Waterfront valuation
Hunts Point is followed in
m~dian hOJ?e value by Medina,
Yarrow. POInt, Clyde Hill and
Beaux Arts Village; waterfront
suburbs near Bellevue that
make up King County's "gold
coast" on Lake Washington.
Among counties, San Juan
County homes were valued
high~st, fòllowed by King, Sno-
homlsh and Island counties.
The biggest increases in
home v!!lues happened outside
the Puget Sound area, how-
ever.
. Tiny Wahkiakum County,
with a 2000 population of
3,824, saw home values jump
by 82 percent in a decade.
Other counties where home
v!!lues nearly doubled between
1990 and 2000 include Colum-
bia, Skamania, Kittitas and
Cowlitz.
North Olympic Peninsula
6-/3 ~{) 2-
real estate agents said there
have been recent increases of
telecommuting clients and peO-
ple from Seattle who are retir-
ing early and seeking homes
. locally, often in the higher price
market.
"People can come here and
get more house for their money
and !!lso have a better qu!!lity
of life," Ramey said. "People
are commuting more and
wanting to get out of the city."
Retirees on the way
Retirees are also flocking to
the North Olympic Peninsula.
An agent in Port Townsend
said affordable housing is avail-
a?le ~or families, but many of
his çhents are retirees seeking
prime real estate property.
:'VYe have a lot of people
retmng to the community and
they want houses in the
uptown, where you can w!!lk to
everything," said John
Eissingër, real estate agent
with John L. Scott Re!!l Estate
in Port Townsend. "It is the
most expensive area to live in
- but people really want a
water view."
Eissinger has been a real
estate agent in Port Townsend
for four years.
He said the median price of
a home decreased from
~152,500 in 2000 to $149,950
111 2001.
Associated Press writer
Rebecca Cook contributed to
this report.
"
Jefferson incomes keep
pace with percentages
Third of four parts
BY STUART ELLIOTI
PENINSULA DAlLY NEWS
Jefferson County finished slightly
ahead of the rest of Washington state
in terms of percentage gains in income
throughout the 1990s, recently
released 2000 Census data show.
While the Seattle area's economy
boomed through much of the 1990s
leading to a jump in
median income-
statewide, Jefferson ~
County kept pace in
terms of percentage
gains in income.
Jefferson County
experienced a 50 per-
cent jump in median
household income from 1989 to 1999,
compared with a 47 percent rise
statewide.
The median household income in
Jefferson County jumped to $37,869
in 1999, up from $25,167 a decade
before, according to Census numbers.
Area retirees fared better than
their peers statewide.
And families in Jefferson County
did better than the rest of the state in
terms of percentage gains, if not in
absolute numbers.
. Census
profiles of
Jefferson
County
towns/A2
CENSUS 2000 RESULTS
WHO WE ARE
Families in Jefferson County
saw incomes rise by 51.8
percent during the past 10
years, còmpared with 46 percent
statewide.
"Urban areas expanded rapidly
with high-tech wages," said Gary
Kamimura, senior economic analyst
at the state Employment Security
Department in Olympia, "but a lot of
rural counties held their own."
Actual dollars
However, despite the percentage
gains, Jefferson County still lagged
far behind the state in terms of raw
numbers.
The average Jefferson County
household earned nearly $8,000 less
than the statewide median income of
$45,776 in 1999, up from $31,183 in
1989.
Many demographers said they see
a growing chasm between rural coun-
ties and wealth concentrated in the
Interstate 5 corridor - with some
saying the gap is the widest its been
in 30 years.
"The disparity really wasn't as
pronounced prior to the 1980s,"
Kamimura said, noting the dramatic
downturn that took place to natural-
resource-based economies in rural
areas during that time.
Rising incomes
Families in Jefferson County saw
incomes rise by 51.8 percent during
the past 10 years, compared with 46
percent statewide,
The median family income in Jef-
ferson County stood at $45,415 in
1999, compared with $29,907 in
1989.
The median family income
statewide was $53,760 in 1999 and
$36,795 in 1989.
Many demographers, including Dr.
Christine Hale, a Seattle-based con-
sultant who recently completed an
analysis of a countywide health sur-
vey, said the gap was reflective of a
lack of family-wage jobs in the com-
munity,
TURN TO CENSus/A2
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Vaccine shonage
update
June 4, 2002
(The following is an editorial submitted by Washington State Health Officer Dr. Maxine Hayes
to the Yakima Herald-Republic for publication on June 5, 2002):
The mission of the state Department of Health is to protect and improve the health of people in
Washington State. Vaccination is one of the most important things the department does to
accomplish that mission. The department works closely with the policy-setting state Board of
Health on such issues, and both agencies are committed to taking measures to protect public
health despite the current national vaccine shortage.
The shortage is making this work very difficult. Our state buys thousands of doses of vaccine
every year and provides them to children at no cost, however in some ways, we are just like any
other consumer: The product must be available before we can purchase it. That is where the
problem lies. There is just not enough vaccine being made right now. Fewer manufacturers
producing vaccine along with changes in manufacturing practices have contributed to the lack of
vaccine availability. There have been several types of vaccine in short supply over the past few
years. Currently, the shortage of the vaccine for diphtheria, tetanus and whooping cough (DTaP)
is the one that health care providers are most concerned about.
Next week at its June 12 meeting, the Washington State Board of Health will consider allowing
me to temporarily adjust state immunization requirements when a vaccine shortage exists. This
would be a temporary rule change, in effect for 120 days, to ensure that children who delay
receiving a DtaP booster will still be able to attend school or licensed childcare this fall. The
Yakima Herald-Republic recently ran an editorial against this plan, but I believe it was a position
taken without a clear understanding of the issue.
The state Department of Health and the state Board of Health are working with local health
departments, doctors, nurses and clinics to do our best to continue to protect children against
vaccine-preventable diseases. DTaP is usually provided in a series of five doses to children
between the ages of two months and four to six years. The initial three doses provide strong
protection when a child is most vulnerable to the severe consequences of diseases. The last dose
is a booster needed to ensure immunity through the primary school grades.
Unfortunately, there is just not enough vaccine available to provide five doses to every child in
our state right now. That is why during this shortage the National Advisory Committee on
Immunization Practices is recommending children receive the initial three doses ofDTaP, defer
the fourth dose, and if necessary the fifth dose.
This plan is allowing children at highest risk to be immunized on schedule. I want to make it
clear: Immunization standards have not changed. It is essential for all children to be fully
immunized. Many of these diseases can still result in potentially devastating consequences,
including death. That is why we in public health are taking measures to assure as many children
as possible are vaccinated with this limited supply. We continue to distribute vaccine throughout
the state as soon as it arrives.
All indications are that the national supply of most vaccines should be back to normal by late this
year. We shouldn't punish kids by keeping them out of school because they have not received
their DTaP boosters. By managing the vaccine supply carefully, we should have enough to
adequately protect children and allow them to attend school. The state Department of Health and
the state Board of Health are working with local health departments, health care providers, and
schools to track children who must delay booster doses now so they can be vaccinated when the
supply returns to normal.
Additionally, the state is collaborating with local and national partners to help resolve current
shortages and prevent future ones. In the meantime, we must all work together to effectively
manage this situation so we can continue to protect and improve the health of people in
Washington State.
Dr. Maxine Hayes, State Health Officer
Washington State Department of Health
A4 TuESDAY, MAy 14, 2002
,
State plans
to cash in on
tobacco funds
Officials add
bond interest to
fu ture budgets
THE AssOCIATED PRESS
OLYMPIA - Gov. Gary
Locke has appointed a board
that will oversee the state's sale
of more than a half-billion dol-
lars of bonds using tobacco-set-,
tlement funds over the next 25
years.
. State budget writers have
estimated that anywhere from
$1 billion to $1.5 billion of the
future receipts could be sold off
to net $450 million, the amount
needed to plug a hole in the
state's two-year operating bud-
get.
How much the state will
have to pay in yearly interest
payments is still far from clear,
said Paul Edwards, deputy
director of the newly formed
Tobacco Settlement Authority.
Also unclear is how much in
bonds the state will need to sell
to cover the costs of the bond
issue and still come out with
the $450 million profit, he said.
"It's a question of when the
bonds go to market and the
pricing," Edwards said.
"It could be anywhere from
$510 to $550 million. We don't
know at this point. We won't
know until we are ready to go to
market."
HomeStreet Bank, will lead the
authority.
Other members, who won't
be paid but will be reimbursed
for expenses, include Sue
Painter of Kent, Randy Main of
Seattle, Carla Dewberry of
Seattle and Tom Corley of
Spokane. Locke's appointments
took effect May 3.
According to brief biogra-
phies released by the Gover-
nor's Office, Painter is system
director at Providence Health
System, overseeing treasury
services for 27 institutions.
Main is chief financial officer
for Fred Hutchison Cancer
Research Center.
Dewberry is a shareholder in
a private law firm, Bennet
Bigelow & Leedom, f?pecializing
in corporate, tax and health
care law. And Corley is presi-
dent of a non-profit multistate
hospital system,/ Holy Family
Hospital.
Budget gimmick?
Many Republican lawmak-
ers and state Democrats like
Treasurer Michael Murphy and
Attorney General Christine
Gregoire have criticized the
bond sale as a budgeting gim-
mick and bad deal for the state.
But Washington follows the
lead of 22 other government
agencies, including states like
Wisconsin, in selling off the
future revenues, according to
Edwards' count.
Finance team Gregoire helped win $4.5 bil-
lion for the state in the nation-
The goal of the fledgling wide settlement of health-cost
authority is to assemble a claims against major tobacco
finance team made up of hired companies, generating more
consultants who can create the than $300 million every two
bond offering by October. years for the state.
The authority is relying on That amount, including
the existing state Housing inflation factors and bonuses
Finance Commission and for Washington's high-profile
staffers such as Edwards for role in settlement talks, will
some technical assistance, and accumulate to an estimated
it could have its first organiza- $6.8 billion over a 30-year
tional meeting in the next 30 period.
days. Critics include the American
"It's a work in progress," Cancer Society, which had
Housi~~.. f~J:J,Bfqe Corp.~sion ho~ed them.oney wouldQ~ used
spokesman BIlI..Wórtleytold. strictly for. health care. needs. .
The OljirijJiiinnë'Wspaper:' . . ,. Health' ~cärëéösts for thë 'poor
Dick Swanson, the Seattle- have become a major driver of
based chairman of the board at growth in the state budget.
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Access
for all in
Jefferson
That's the goal of
advocate for disabled
By 8TUAllT ELu01'r
Pë:iI1>SL'LA DAlLY NEWS
Lesa Barnes pictures a Jefferson County
where those with disabilities aren't stopped
by curbs preventing wheelchairs from cross-
Ing streets.
It's a Jefferson County where restrooms
have faucets and soap dispensers within easy
.J:each and where doors are not too heavy to
open.
More than a decade after the American
with Disabilities Act was passed, Barnes, pro-
Ject coordinator for the Disability Awareness
Surveillance and Health Promotion program
In Port Hadlock, is still trying to make Jeffer-
son County accessible to everyone.
The project, which last month received
$300,000 in federal funding for five more
years of operation, is trying to fill the remain-
ing gaps where the groundbreaking federal
legislation left off 12 years ago.
TURN TO ÐISABLED/A2
.,-
rp&J
S-";).7-éJ~
15
Disabled: Accessiþility'
CONTINUED FROM Al
The program has worked
with local restaurants to make
changes to restrooms and
. entranceways and issued
guides to "disability-friendly"
eating establishments in Port
Townsend, Port Hadlock and
Chimacum.
A similar review of lodging
establishments in Port
Townsend started last week
and 500 copies of a map that
helps the disabled navigate
uptown and downtown were
printed earlier this month.
The program, an Olympic
Area Agency on Aging project
started three years ago, plans to
expand to Clallam County next
year.
Barnes plans to make a brief
presentation to the Port
Townsend City Council today to
weigh in on a proposed $2.5
million City Hall annex, sug-
gesting several measures above
what is required by law.
Small things matter
One shortcoming of the
Americans With Disabilities
Act is that it doesn't address
the accessibility of three-wheel
motorized scooters, which
many disabled use in lieu of
wheelchairs, Barnes said.
But it's primarily the small
things - which may appear
mere matters convenience for
the non-disabled that
become obstacles for those with
limited mobility or motor skills,
Barnes said.
They include doors that are
too heavy to open, doorknobs
that are difficult to grasp, hard
to access entryways and out-of-
reach soap dispensers or
faucets in bathrooms.
"People don't appreciate it's
more than a convenience,"
Barnes said. "It's a necessity
for some people. Disabled peo-
ple should have the same access
to services as anyone else."
William Downey, 49, of Port
Townsend, who has multiple
sclerosis and sometimes walks
with a cane, agrees.
"It is the small things that
are really inconvenient," he
said. "You don't take notice
until yÇ>U are challenged by
them yourself."
He said he has trouble navi-
gating the Port Townsend post
office building and downtown's
Memorial Field.
And he said he finds some
businesses in town have doors
that are not handicappecj-acces-
sible, though most are fine.
When watching his daughter
as a cheerleader at high school
basketball games, he notices
people in wheelchairs sit by the
edge of the court, too close to
the action.
"When I see a 75-year-old
man or lady in a wheelchair
there, it torques you," he said.
Business focus
Barnes said much of Disabil-
ity Awareness Surveillance. and
Health's work has been spent
on looking at businesses in Jef-
ferson County to see whether
they are "disability friendly." .
"We're trying to promote
businesses that are accessible,"
said Barnes, who is not dis-
abled. "It's not meant to be
punitive. We want people to say,
'here is a restaurant that can
work for me.'''
The guides the organization
produced survey 20 restaurants
in Port Townsend and eight
restaurants in Port Hadlock
and Chimacum on handicapped
parking, accessible food service
areas and rest rooms , and other
items.
The surveys are available at
local chambers of commerce
and online through the Port
Townsend Guide Web site at
www.ptguide.com. Barnes said.
The survey has enabled the
organization to work with
restaurants to improve accessi-
bility, Barnes said.
Barnes singled out the Sil-
verwater Cafe and Osarnu in
Port Townsend as two restau-
rants that do a good job cater-
ing to the disabled, though
many restaurants achieved pos-
itive ratings in the surveys.
The Silverwater has "room
between tables, a bathroom
that is accessible, doors that are
easy to open, and a helpful
staff," Barnes said.
Historical buildings can be
exempt from making changes
to comply with the Americans
with Disabilities Act.
"If it requires that historic
character be destroyed, a build-
ing can be legitimately left
aJone," Barnes said.
Getting around
Disability Awareness Sur-
veillance and Health has also
recently worked with the city of
Port Townsend to create a map
helping disabled people navi-
gate downtown and uptown
areas.
The map shows handicap-
accessible parking places, bath-
rooms, and curbs and sidewalks
that are. navigable by wheel-
chair or other mobility aids.
"It can help people plan
their trips," Barnes said.
An upcoming guide to lodg-
ings is being done by two dis-
abled volunteers, Barnes said.
Nine members of the Dis-
ability Awareness Surveillance
and Health board of directors
have disabilities, Barnes said.
"They can point out prob-
lems from their daily living,"
she said.
.. According to a Washington
. state Department of Health
study completed last year,
approximately 27 percent of
residents in Jefferson County
live with disabilities.
That includes 13 percent of
the population living with
severe disabilities, meaning
problems with vision, hearing
or speech, long-term use of a
mobility device, or inability to
perform such tasks as house-
work or self-care.
About 3 percent of the Jef-
ferson County population uses
a mobility device like a wheel-
chair or scooter, Barnes said.
Jefferson County ranks 14th
out of 39 counties in the state in
its percentage of disabled resi-
dents.
,4.
·~~~~'f/
'~.~~~~':'''.
Jefferson: County likely
to seek delay in well rules
Jefferson County administrators said
Tuesday they are likely to ask for an exten-
sion on a deadline for putting new standards
in place to protect agaÏnst seawater intrusion
into water wells.
The county has until Aug. 1 to act to pro-
tect against seawater intrusion after a ruling
by the Western WashinÌ5ton Growth Manage-
ment Hearings Board in January.
County commissioners heard a report from
a nine-member citizens group Tuesday that
provided broad recommendations for dealing.
with the problem. County staff would have to
form a plan of action by the first week in
June to meet public process guidelines, which
may prove unfeasible.
.¡.
.,.
rpD J s ~ ::J-9 ~d-
IS
County curbs
services for
budget cuts
Commissioners will likely make
up the difference by drawing
$30,000 from reserves.
Department heads and county
employees said Wednesday that
county services will suffer.
Budget cuts include a 4 percent
salary reduction achieved by
BY STUART ELLIOTT decreasing employee hours and
¡ . PENINSULA DAILY NEWS " salaries for elected officials as well á§
", _._T.·.··· .... .' ." .... ",..,--.. ~ -..:.. ';( ~'bY1Ü~epiñ!fvaëânt jÖbs·õþèn.
Jefferson. County. employees, .i·~+ However, more than' three-quar-
dep.artment heads and the.pub~Ic got . ters of the reductions came from
theIr first chance to weIgh. m on. other sources. .
plans to frx an approximate $900,000
budget shortfall Wednesday. .'
. Many wondered how the budget
shortfall had come about.
Others complained that cuts will
.' adversely affect county services.
Jefferson County commissioners
reviewed approximately $880,000 in
proposed cuts submitted by county
department heads Wednesday to bal-
ance the $12.1 milliqn general fund
budget.
"We pretty much achieved all the
cuts that were requested," Deputy
County Administrator Gary Rowe
said.
But the amount was about
$30,000 short of $908,000 in cuts
requested.
Forced layoffs
averted, but
belts tightened
,.
Travel, project curtailments
Proposed belt-tightening mea-
sures included cuts in travel and
office supplies as well as delays in
construction and other projects.
"We've all tightened our belts,"
Jefferson County District Court
Judge Mark Ruth said.
"But there is a lot of human cost
in terms of stress level, workloads."
Juvenile Services Director Bar-
bara Johnson said budget cuts will
mean volunteers in the Guardian ad
Litem program, representing chil-
dren in abuse and neglect cases, will
meet less with the youngsters.
TURN TO DEFICIT/A2
Deficit: Wide effects
Progra~s to be eliminated
More with less He said thé county will be
Michelle Farfan, Depart- looking to eliminate programs
ment of Community Develop- during the 2003 budget
ment associate planner, said process, which. will begin ear~
employees in her department lier than normal this year.
are being asked "continually "We really have to look at
to do more with less." the programs and services we
"We're the ones who will are going to provide," Hunt-
hear the voice of the public ingford said. "There are going
when their Permit is not to be some hard decisions to
n 1. "
processed in a timely manner," .mt;U\.Ce. C .. .
she said. ,. ÌI. ... . gU?ty.' 0;ffim,I~.~I9n.~,r Dill?-
County emp1~~Si ;also~' Tltterness, RTPort,,~ownsend,
questioned why théir 'leaders repeatedly emphasIzed that
had not seen the budget the county has to increase its
crunch coming. tax base.
Some asked why commis- "We're treating the symp-'
sioners didn't increase taxes toms here, but were not treat-
and permit fees sooner to help ing the cause," Titterness
offset the deficit. said.
County Commissioner Glen "We need to find a way to
Huntingford, R-Chimacum, grow revenue and not on the
said commissioners had backs of taxpayers in Jefferson
County. "
known problems were on the
horizon, but said they were
trying to maintain existing
service levels.
"We've seen it coming for
four or five years," he said. "A
lot of expenditures go to per-
sonnel. We've tried to use
reserve money to keep up the
number of employees" to pro-
vide services.
"You cal) fault us for trying
to maintain the level of ser-
CONTINUED FROM Al
Veronica Morris-Nakano,
financial operations coordina-
tor for the Department of
Health and Human Services,
said the cuts will affect immu-
nization, communicable dis-
ease and family planning pro-
grams.
'-p 1) J
5'- 3t> .- 0 '2-
vices we had in the past," he
said.
Huntingford said he agrees
with department heads and
other officials who said they
don't believe the cuts are sus-
tainable beyond the end of the
year.
Capital facilities study
Titterness saidh~.is j~tèrit
on completing a capitç¡l facili-
ties study for the Tiì-Area this
year that willlead,tQ 'creating
a plan for sewer and water ser-
vices in some areas to boost
commercial and j industrial
development.
Titterness supported tak-
ing $50,000 out of the county's
reserve fund for that project.
No forced employee layoffs
were proposed in budget cuts
presented Wednesday.
Commissioners previously
indicated that county deputy
prosecutor and courthouse
security officer positions
would likely be eliminated.
But the Prosecuting Attor-
ney's Office restructured its
budget to prevent the prosecu-
tor layoff a1].d the Sheriffs
Office was able to keep the
courthouse security officer
because of a retirement.
Decision by July
Commissioner,s' will pass a
revised 2002 midyear budget
by ~uIYI:l,\ ." .M· ", t·", , ."',....,;..
~,' .,'" \ _ ' ~"..~ 1" . rr-· ¡ ;
~iw.\~:..:.~aidt 'Jhl,.:.pu t~,:J. pf,e,:.,.
sented Wednesdày ,would'
almost certainly be' approved
by commissioners.
"Adoption by the board is a
formality at this point," he
said.
Commissioners are also
expected to complete the fiscal
2003 budget by October.
Commissioners expect next
year's budget shortfall to total
approximately $1 million.
The., shortfall, like this
year's, is largely the result of
declining revenue and cuts in
funding from the state, county
officials have said.
Budget requests will go out
to departments as early as
July, Rowe said.
"It seems like we'll be doing
the budget endlessly this
year," he said.
,","';
. ',' .~., '...".
, .:
"
;'\'Ved~esday,ju'ne S:2oòi ~'A15
If.
--. .
Saltwater ìn~~~siôrl!¢porîg()es
to commissioners ori!Nlonda.y
By Philip L. Watness
Leader Staff Writer .
'1-
Jefferson Cçmnty EnviroruTIen-
tal Resources Manager David
Christensen has the unenviable
task of providing his recommen-
dation on what the county should
do to ensure no further degrada-
tion of groundwater wells due to
saltwater intrusion,
TIùs week he intends to delve
into a review of a citizens group's
recommendations, with the goal of
presenting a report to the Jeffer-
son County commissioners on
Monday. June 10. That'report is
to include cost estimates for morn-
toring and managing seawater in-
trusion,
Saltwater can seep into wells
that are within shouting distance
of the shoreline if too much fresh
water is pumped out of the wells.
The phenomenon can also affect
wells that aren't close to shore-
lines, depènding on the makeup of
the individual aquifer in which
they're drilled, Saltwater-contanù-
nated wells are unsuitable to draw
potable water, and once a well is
contaminated, the situation usu-
ally only gets worse,
Growth that depends on indi~'
vidual wells can mean greater in-
stances of saltwater intrusion, so
the Western Washingion GroWth
Management Hearings Board in
January ordered Jefferson County
to develop a plan for addressing
this concern. The board gavé the
county until Aug. 7 io designate
areas susceptible to seawater in-
trusion as critical aquifer recharge
areas (CARAs) and to establish
development regulations for those
areas,
The citizens group - named the
Salt Water Intrusion Focus Group
- recommended the county des-
ignate all areas within one-quar-
ter mile of the shoreline as
CARAs. but also around any wells
that show elevated chloride levels,
an indication of seawaterintru-
sian, The.lal;Ier wOJlld be desig-
nated as löw, 'méiliüITIõr high risk
of saltwater intrusion depending
on the results of well monitoririg,
as recommended by tl¡e,l}>~us
group, ' ,
That monitoring could be done
by Jefferson County Public Util-
ity District I, the group said: if
Jefferson County contracted with
the PUD to do so,
The county should also imple-
ment a countywide education pro-
gram to help residents understand
the risk of seawater intrusion and
what actions they can take to avoid
it. They suggested the Washing-
"The
maintenance of
the aquifer wou.ld
remain with the
homeowner';
through well.'
monitoring; but
the ultimclte:
protection of the,
aquifer belongs, to
the county:'"
David Goldsmith'
county administrator.
ton State University Cooperative
Extension Program be apptoaçhed
'to do just that. ',.',,"
The focus group alsoreèom-
mended that the county do stan-
dardized moniloringÓf'all,l1ew
wells, promote hooking up to puJ¡:.
lic water systems where av'µ¡a~le,
and establish criteria for 1iseof
alternate water system~i, "k.'':,,:
Christehsensaid;:he Wo,ü\1;I
meet with County Ädnû,iúštfator
David GolðsñiißÙinQJ'!I3I¡ÌieÍ"J,ò$h,
Peters of tJjc; :CòriUriuiùiý,~ye.i:;',
opment ÐeParlrneIjrtl\is, w~Ktii':-'
discuss, \lrereçoIl1qlerida~Ó¡\s)Ji~:'
, county will havi'ÌQ ainóhØifs'V¥~""
fie<\ Development Code in Qrder,,:
to comply with the state' groWth ' ,
''board's order. '
Goldsmith said Monday'tha~
the county doesn't plan to ask fi:¡r
a deadline extension, as earlier'
thought, because a 6O-day notice
requirement to the Washington
State Office of Community and
Development doesn't apply in'this
case. He had earlier warned the
county commis~ioners't/¡at the, 6()..
clay requirement would'd~lay ap~ '
.Pr.9Yal..Qf.tÞ.e new regy,\!\!iç.!1~__"._
"We'll send the state,the report
we did in February for their,re".; "
view, but the prosecúting'
attorney's office believes under a,
compliancé order, they would;'
waive the'ir timelines," Goldsmith
said, "
Goldsmith said the responsibj¡~ "
ity for protecting the aquifer from'
seawater intrusion would prima-
rily be up to homeowners who livc ¡
near the shorelines.
'The maintenance of the aqui- '
fer would remain with the pome-
owner through well morntoring,"
he said, "but t/¡e ultimate protec- tive recQmmendations proffered
tion of t/¡6 aquifer belòngsto the ,,' by some members. They disagreed
cOUÍlty.'" '," ',"." onrecbmrnending 't/¡at 'no new
, MaryAnn Seward; who serVed wells b¡i allòwéd in~eawatèiin~
as a voluntary fac~tator for the .' ti'usion 8ARAs; that mortgage
focus groÌip;'prêseíÙed her repôÌ1, 'iitle iÎlclucle ~ notice of Ihe P9ssi-
to the county,commissioners Måy ':,bility ofsaltWaìà cóntarniila!ion
27. She said the group had dis- : 41 those areas, and that no new
cussedmorè specific recommen- resi<\entiafbuildirigs beallòwed
. . dations but 'couldn't reach forèxisting wells which are within
agreement on t/¡em during its'15 the seawater intrusion areas. ,
hours o( discussions. , Qnce the co¡nnÙssioners de-
'The committOedj4n't get.t(j 'cide on which recommendationS
regulatory specifics," she said. to implement, ,the Community
'They established criteriàin the Development Department will
hope you [the county commission- need. to çlraf¡affiendments to the
ers] would take those as the pa-,',' Unified Development Code.
rameterS." , " Those wouid then be presented in
The group wasmòst' divided'." a public hearing before 'adoption
when it came'to th~~o~;t~~I1i:- later this year. '
~d
>-
~
·
·
·
·
-~-
-ø-__________-ø-
----------
Imagine
Imagine tliere' s no protection
Isn't liará to áo
WO safe water to árinkfrom
)Iná raw sewage, too
Imagine aCC tlie peopCe
Spreaáing tlieir áisease, {')Iclioo!"
rtou may say I'm a áreamer
Œut I'm not tlie onCy one
Just pass anotlier initiative
)Iná tlie germs wiCC liave won
Imagine no sliots for measCes
jIná no fooá for tlie kjdS
)It tlie mercy of tliose árug company weaseCs
í(our future's on tlie sltiás
Imagine aCC tlie peopCe
(j)ropping in tlieir prime - R.ßrpCop!
rtou may say I'm a áreamer
Œut I'm not tlie onCy one
Just pass anotlier initiative
jlná tlie germs wiCC liave won
J ecL¥\/ 13c:rldw Ú11 I àJ1Il¡ Lo-ckes M CLYY 5 ~