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COMMUNICABLE PUBLIC HEALTH HOME VITAL• • ENVIRONMENTAL HEALTH
DISEASE CONTROL NURSING NURSING STATISTICS HEALTH EDUCATION
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JEFFERSON COUNTY HEALTH DEPARTMENT
�--* M12 SHERIDAN ►OAT TOW NSENR WASH_MR (a06)31*0122
�"4PI. ,""'..- BOARD OP HEALTH MEETTNG
HEALTH DEPARTMENT CONFERENCE ROOM .
•BOARD MEMBERS: STAFF MEMBERS:
B. G. Brown,,Member Randall M. Durant, R.S.
A. M. O'Meara, Chairman Phyllis Bee, P.H.N.
Carroll M. Mercer, Member Joseph Fischnaller, M.D.
Gael Stuart, Administrator
MINUTES
April 4, 1979
9:30 a.m. Meeting called to order by Commissioner O'Meara with all
members present.
MINUTES:
The minutes of March 7, 1979 were approved by motion of Commissioner
Brown, seconded by Commissioner Mercer. Unanimous.
CORRESPONDENCE:
None.
OLD BUSINESS:
1) Prosecuting Attorney, Bill Howard, discussed with the Board the
possibility of legal action relating to environmental health as discussed.
in last month's Health meeting. Mr. Howard stated that first he would
like to finish with the litigations of the Kirst Realty -vs-Jefferson
• County before entering into any legal actions against environmental
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health violators. Only two cases have gone to court, one succesful
` and the other not. Mr. Howard also expressed that if there is a viola-
tion the County should go ahead and take action against it. He would
like to file against violators J. R. Strickland and Daniel Branstetter
after the Kirst Realty case is over.
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NEW BUSINESS: ti
None. .. I .}
REPORTS
1) Administrator; Gael Stuart
a) Home Health Program. 704 visits in approximately the last 6 months.
During that time the County has received payment for 180 of them
totalling $4,900.00,plus an additional $1,400.00 still to come. t
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This is a considerable contribution to the total program.
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b) Mr. Stuart reported that he has received a request for application
of a grant for rural sewage disposal system, funds being available
from State and Federal government. Stuart will investigate the pos-
sibility for the Hadlock area and Cape George.
2) Public Health Nurse; Phyllis Bee -
a) Report of Nursing Services (attachment #1)
The Foot Care Program is about 60% self supporting.
b) Mrs. Bee reported that the Health Department and the hospital staff
are sharing some meetings. One such meeting will be a V.D. workshop
to be held the first week in May. .
c) The Health Department will begin screening in the schools next
month for scoliosis.
il..rm.ok . ti.mImmum. rrommom.
Board of Health Meeting
April 4, 1979
Page 2
REPORTS: con't.
3) Environmental.Health; Randy Durant
a) Activities Report (attachment #2)
b) Randy has been involved in the plan review for the remodeling of
Chimacum School. Quilcene has submitted plans for their new home
economics building and the remodel of the cafeteria:
c) The clam testing program for the red tide toxins has begun.
Randy reported that all toxin contamination is down since last fall's
red tide, except in the scallops.
d) A lot of concerned people have been calling regarding the on-site-
sewage disposal for the proposed plat of Discovery Heights. Randy
told the Board that he will ask more information from the developers
as to the water drainage in the area.
a
Meeting adjourned
Next meeting, May 2, 1979
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CCMII IN ASI.E PUBLIC HEALTH HOME .. IRONM 4TAI - -HEALTH
DISEASE CONTROL NURSING NURSING - STATISTICS - - HEALTH EDUCATION
� )EIte'ERSON COUNTY HEALTH DEPARTMENT
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14 '' '' 662 SHERIDAN_PORT To11W�ISEND,WASH.M366 (206y 3654721
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Jefferson County Health Department
Board of Health Meeting •
Agenda
April 4, 1979 9:30 A.M. °
Approval of minutes of the previous meeting
Correspondence
Old Business:
1. William Howard will be present to discuss possible
, legal action relating to environmental health.
2. Other old business
New Business: ~
_ 1. Introduction of new business
• Reports I
1. Puhtic Health Nurse
2. Environmental Health
3. Public Health Officer
4. Administrator
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Next meeting will be May 2, 1979t
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i do nt #1
REPORT OF NURSING SERVICE •
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Mom, 197
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Mar h Feb March
s 1979 1979 1978
HOME VISITS 3I4 il
314 24fa
• OFFICE VISITS 176 97 72
'NEWBORN
32 18 0
A UNDER 1—YEAR 50
. 60
G j — 5 60 46 43
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E 5 - 21 30 17 IS
S 21 — 60 23 35 48
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• 60+ 302 242 166
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N.C.R. 8 8 147 123 63
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ADULT HEALTH 11 26 4
p ACUTE COMMUNICABLE DISEASE Imo • f
R CONTROL, 115 105 ioa
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G V.D. 3 8 0
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A T.B. 4 1 6
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S SCHOOL HEALTH 534 227 144
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i�.LO. 26 19 10.
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DENTAL 0 0 0•
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HOME HEALTH (AIDE) 178 107 109
HOME HEALTH (P.H.N.) 133 135 137
F I rr 28 24 0
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CaINNtlNICAm.E PUBLIC HEALTH IIf)IOIE VITAL ENVIRONMENTAL HEALTH
DISP.R5 CONTROL NURSING'.. NURSING sTATtsncs HERON EDUCATION
..I�. .': attachment #2
R ° 4.''' .I.E ERSON COUNTY HEALTH DEPARTMENT
yd." A WE SNEmDAN MAT TOWNSEND..WASH.M7it DON 3S$W
To: Jefferson County Board of Health
=.ram _
From: Randall M. Durant, R.S.
Director of Environmental Health
,
Date: April 3, 1979
Subject: Activities - Environmental Health Section - March, 1979
Field Work: Slight decrease in sewage disposal permits and site evaluations
over same period last year. Increase in platting. Food program
quite active with 45 inspections made.
` Other Field Work:
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Food Complaints Water Other Finals Followup Total
45 5 6 -20 8 32 116
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Contacts: Office calls, telephone calls, plan review , ,
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Sanitarians: 312
Secretaries: 279 telephone
131 office contacts .
410 total for secretaries
722 total for secretaries and sanitarian
Total contacts for year to date: 1,924 (does not include field contacts
or foodhandlers tests) a
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Food Handler permits: March.- 35 `:
Tear to date -107
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4 IN THE DISTRICT COURT OF THE STATE OF WASHINGTON
5 IN AND FOR THE COUNTY OF JEFFERSON
6 DONALD E. KIRST, d/b/a RIRST )
REALTY, s )
7 )
Plaintiff, ) No. 2009
vs. )- MEMORANDUM IN SUPPORT OF
9 ) DEFENDANT'S MOTION TO
JEFt RSON COUNTY, a municipal ) DISMISS OR FOR SUMMARY
10 corporation, ) - JUDGMENT
11 Defendant. )
)
12
13 (1) Plaintiff's Complaint fails to state a claim
14 on which relief can be granted.
15 Plaintiff asserts in Paragraph 3 of its Complaint
16 that Larry Anderson, an employee of the Jefferson County Health
17 Department, performed a site evaluation of the designated
18 property and denied the application "because the lots failed to
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19 perk." Plaintiff asserts in Paragraph 5 that on subsequent re-
20 evaluation the lots passed a perk test. Plaintiff does not
21 assert that an act by the county was performed in a manner
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22 which would allow the court to grant any relief.
23 (2) Plaintiff failed to exhaust administrative
24 remedies. t A i 4
25 The site evaluation form which was used by Larry
26 Anderson in evaluating the property described in Plaintiff's
27 Complaint specifically states that:
28 "Any person aggrieved by this decision may
appeal to the Director of Environmental Health,
29 Randall M. Durant, R.S. and/or the Health
Officier, J. E. Fischnaller-, M.D. (385-0722)."
30
There is no allegation by Plaintiff that any
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such appeal was pursued. Plaintiff's failure to exhaust this
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WM&MMEMORANDUM - Page One „~"; Anu
JIMINS006 coum.
R O.SOS,..
PINITIONMISEML Css"/"GTO"silty
121141 355-21144
1 administrative remedy precludes it from pursuing this lawsuit.
2 (3) Plaintiff has no standing to bring action `against
3 Jefferson County.
4 Plaintiff had no relationship with Jefferson ,
5 County which provides it standing to bring this action. In
6 Derunis. vs. Odegaard, 82 Wn.2d 11, 507 P.2d 1169 (1973), the
7 court stated that before a party could maintain a lawsuit the -
8 "one seeking relief must show a clear legal or equitable right
9 and a well grounded €ear of immediate invasion of that right.'
10 The court pointed out that a litigant challenging the constitution
11 ality of a statute must assert an infringement of an interest
12 personal to the Plaintiff. State vs. Rumen Relations Research
13 Foundation, 64 Wn.2d 262, 391 P.2d 513 (1964).
14 The court in DeFunis, at page 24, also ouoted
15 from Flast vs. Cohen, 392 U.S. 83, 20 L.Ed. 2d 947, 88 S. Ct.
16 1942 (1968), which stated:
17 "The 'gist of the question of standing'
is whether the party seeking relief has
18 'alleged such a personal stake in the
outcome of the controversy as to assure
19 that concrete adverseness which sharpens
the presentation of issues upon which the
20 court so largely depends for illumination
of difficult-constitutional questions."
21 Baker vs. Carr, 369 Q.S. 136, 204 (1962) .
22 In Triplett vs. Dairyland Insurance Company, 12
23 Wn. App. 912, 532 P.2d 1177 at page 519 the court quoted the
24 rule set out in 39 Am. Jur. 860, which provides that the Plaintiff s
25 interests must be a present, substantial interest, as distinguishes
26 from a mere expectancy, or future, contingent interest, and he
27 must show that he will be benefited by the relief granted.
28 Plaintiff here has neither the legal nor equitable right nor
29 the personal stake in the outcome of the controversy which
30 would allow it standing to bring this action. In some instances
31 where issues of public importance are a concern, the court has
32 been more lenient with its rule on standing; however, no such
W$IJJAN E.NOWARO
,nOSICY,NO Arnow.
MEMORANDUM - Page Two ailTILMS0f.
R6ISM 1H
PNIT791"WERR"ASHIR4TOn
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1 issue is before the court in this instance.
2 (4) The initial Motion for Summary Judgment should
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3 be also considered a Motion to Dismiss.
4 While the motion filed by Defendant Jefferson
5 County was entitled a Motion for Summary Judgment, the court
6 should also consider the motion as a Motion to Dismiss. As was
7 stated in In Re Estate of Boyd, 5 Wn. App. 32, 485 P.2d 469
8 (1971), at page 34:
4 `Although the executor's motion is for
summary judgment of dismissal, its label 1
10 is unimportant (Navios Corp. vs. National
Maritime Union of America, 236 F. Supp.
11 657 (E.D. Pa. 19641); the trial court
should have considered it as a motion to
12 dismiss under CR 12(b). . .
13 Respectfully submitted,
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16 lam E. Howard, Attorney
Defendant, Jefferson County
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VSSULtAM MEMORANDUM - Page Three "K l'"`R"IRME
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