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Home My WebLink About12 December JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, December 21,2000 Board lvIembers: Dan Hatpole, AIember - County Commissioner District # 1 Glen Huntinglord, Member - County Commissioner Distnd #2 Richard IFqjt, Alember - County Commissioner District #3 Geoflrry MaJ,i, Member - Port TownJend City Coundl Jill Buhler, Vice-Chairman - Hospital Commissioner District #2 Sheila n7esterman, Citizen at Lzr;ge (OM Roberta F1imll, Chairman, Citizen at Lar;ge (County) Staff i\Jem ber.r: .Tean Baldwin, Nursin,g Sen;im Director Lar~Ji Fqy, Emlironmental Health Diredor Thomas Locke, MD, Health O.f/icer Chairman Frissell called the meeting to order at 2:30 p.m. All Board and Staff members were present with the exception of Commissioner Harpole. She welcomed Dan Titterness to the meeting and announced that, as our new County Commissioner, he will be a member of the Board beginning in January. APPROVAL OF MINUTES Commissioner Wojt moved to approve the minutes of the November 22,2000 meeting. Member Masci seconded the motion, which carried by unanimous vote. OLD BUSINESS - None NEW BUSINESS WASHINGTON'S HEALTH CARE BUDGET CRUNCH: UNIVERSITY OF WASHINGTON HEALTH POLICY ANALYSIS PROGRAM REPORT: Dr. Tom Locke said the report from the annual Washington State Legislative Policy Conference provides concise descriptions of the complex budgetary situation the state legislature will face this year. The unfavorable budget situation jeopardizes public health issues such as tobacco control efforts, restoration and maintenance of public health funding, and preservation of the universal immunization distribution system. He mentioned that the section titled Trimming State Health Programs is pertinent to future discussions of health care access between the Board and the Hospital Commission. There was some discussion about the proposed budget cuts in Health Programs. Chairman Frissell has read that Olympic Memorial Hospital requested a February meeting with legislators. Consistent with the Board's previous discussions about its desire to meet with legislators, she proposed the Board investigate a joint meeting with Olympic Memorial. There was Board support for trying to schedule a meeting. Dr. Tom Locke agreed to follow up. HEALTH BOARD MINUTES - December 21, 2000 Page: 2 Concern was expressed about lobbying to take funding from other service areas. There were discussions about Initiative 601 spending limits and about establishing an income tax or seeking alternative funding for public health. PROPOSED STANDARDS FOR PUBLIC HEALTH IN WASHINGTON STATE: EVALUATION REPORT: Dr. Locke reviewed the development of the performance-based, minimum standards for critical health services. The process was meant to not only develop standards, but achieve a baseline study on state and local health programs. In addition to the report provided in the agenda packet, he distributed a copy of charts plotting Jefferson County's assessment. He said the full report will be included in the Public Health Improvement Plan 2000 (PHIP). The Board will continue to hear more about this report over the next year. Jean Baldwin said one of the benefits of the assessment is that counties will have access to the evaluation data via the Internet. Local health jurisdictions are being asked to continue looking at areas for improvement. She noted that many of the listed recommendations are already on the Board's agenda. County Administrator Charles Saddler asked whether the state will be eligible for funds through the Kennedy Bill? Dr. Locke responded that while many are hopeful Washington will be in line for federal funding, funding will be focused in areas such as emergency response, bio-terrorism preparedness, and public health infrastructure. Member Masci asked what measures are necessary to get the County into compliance on tracking environmental health illnesses and what types of illnesses are tracked? Larry Fay responded that the County does not currently do a lot of environmental monitoring. An area that might need to be addressed is passive and active surveillance. DESIGN STANDARDS FOR SITE-CONSTRUCTED ELEVATED FIXED MEDIA FILTER VESSELS: Larry Fay reviewed the policy developed as a result of problems with Glendon Biolfiltors. He provided examples of problems that occur because there are no standards for construction of the sand filter vessel. State guidelines only stipulate that the construction framework of the site-built vessels be made of pressure-treated lumber. The intent of the policy is to require on-site system designers or engineers doing the work, to come up with a material that not only meets the performance standard, but has a reasonable life expectancy. After first speaking with design engineers about the policy statement, Staff will draft a policy for the Board to review. There was some discussion about the 20-year life expectancy in the policy statement. Also discussed was septic systems vulnerability to power outages. METHAMPHETAMINE WORKSHOP: Linda Atkins reported that the workshop was a big success and registration had to be stopped at 80 individuals. Attendees commented that the workshop was appreciated and informative. HEALTH BOARD MINUTES - December 21,2000 Page: 3 HEALTH ASSESSMENT INDICATOR WORKSHOP: Jean Baldwin reminded the Board that the workshop is Thursday, January 25 from 1:00 until 5:00 p.m. at WSU Cooperative Extension Office. The Board went into Executive Session at 3:35 p.m. to discuss legal issues and reconvened at 4:00 p.m. REVIEW OF BUILDING PERMIT APPLICATIONS: Linda Atkins distributed flow charts of permit application scenarios. Larry Fay reviewed the charts and discussed the conditions for permit approval depending on the year of installation. There was then a discussion of the Draft On-Site Sewage Disposal Policy Statement. It was noted that on page 3, paragraph IV, the word "unpermitted" needs to be inserted before systems. In response to a question about who does the drawings referred to in Item I under Applicability, Larry Fay said that the universal plot plan of the County provides site drawing and property dimensions, etc. For older systems, applicants are responsible to provide system information to be incorporated into the drawing. There were also suggestions to make Item III (A) more readable and to list the requirements in the first paragraph of Item (B) as bullet points. Member Masci asked whether the applicability could be softened? Larry Fay responded that problems occur when there are building modifications that impact the septic system and the real question is establishing a threshold for that impact. These are the principles with which the department struggles. He agreed to investigate whether the percentage of assessed value is being used in the Building Code. Staff agreed to explore other options and try to produce some recommendations. An additional suggestion was to reword the first paragraph under Applicability to remove the words "remodels, additions" after plumbing. INFORMATION ITEMS: VINES VS. .JEFFERSON COUNTY. LUPA LAWSUIT: Larry Fay reported that the County has paid Mr. Vines attorney's fees in the amount of $660. With the adoption of the Uniform Development Code, septic systems will be allowed to cross zoning boundaries and will become a policy. INFORMATION ITEMS: QUILCENE BOAT BASIN: Larry Fay reported that the State Department of Health, based on a request from an adjacent property owner to certify his growing area for harvesting shellfish, has imposed a shellfish closure zone near the Qui1cene marina. The Department established an appropriate closure zone based on usage and the possibility of a spill occurring, rather than water quality violations. The Port of Port Townsend has expressed concern about the closure and felt they had taken measures to minimize the risk of contaminants in this area. TOBACCO PREVENTION AND CONTROL PROGRAM: Jean Baldwin distributed correspondence regarding news reports on the 15-year study that tobacco prevention programs do not prevent tobacco use. She stressed that the new tobacco money was not a part of this project. HEALTH BOARD MINUTES - December 21,2000 Page: 4 AGENDA CALENDAR/ADJOURN FUTURE PLANNING TOPICS: For the next meeting, Chairman Frissell noted the following agenda items: Solid Waste Enforcement Policies, Report on the Internal Assessment, Review Policy on Design Standards for Media Filter Vessels, and Minimum Land Area policy recommendations. There was also support for addressing "Continued Stable Funding to Replace MVET" if a meeting with the legislators can be arranged. Dr. Locke said he believes the Public Health Improvement Program 2000 report will also be available by the next meeting. Related to the Bio-terrorism topic, he indicated that the readiness assessment data is complete and is organized under the ten essential functions of public health. 1. CONTINUED STABLE FUNDING TO REPLACE MVET 2. ACCESS HEALTH CARE 3. PROGRAM MEASURES (Genetic Research and Public Health Implications) 4. METHAMPHETAMINE SUMMIT 5. PERFORMANCE STANDARDS & COMMUNITY ASSESSMENT 6. TOBACCO PREVENTION AND COALITION 7. FLUORIDE 8. TRANSIT AND PUBLIC HOUSING 9. BIOTERRORISM READINESS & PLAN 10. AGING POPULATION 11. WATER 12. MATERNAL CHILD PREVENTION GOALS (0-3) Meeting adjourned at 4:30 p.m. The next meeting will be held on Thursday, January 18,2001 at 2:30 p.m. JEFFERSON COUNTY BOARD OF HEALTH J . _ ' , k,' -r j - lu.:-tu.'t-'.-t<... ,1~(( Roberta Frissell, Chairman ~h{!:,~r; ~,. .' Glen Huntingford ' er Sheila Westerman, Member (Excused Absence) Dan Harpole, Member - JEFFERSON COUNTY BOARD OF HEALTH Thursday, December 21,2000 2:30 - 4:30 PM Main Conference Room Jefferson County Health and Human Services AGENDA I. Approval of Minutes of Meeting of November 22, 2000 II. Public Comments III. Old Business IV. New Business 1. Washington's Health Care Budget Crunch: University of Washington Health Policy Analysis Program Report Tom (10 min) 2. Proposed Standards for Public Health in Washington State: Evaluation Report Tom/Jean (30 min) 3. Design Standards for Site Constructed Elevated Fixed Media Filter Vessels Possible Action Item 4. Review of Building Permit Applications 5. Information Items: Vines vs. Jefferson County, LUPA lawsuit Quilcene Boat Basin Larry (10 min) Larry (20 min) Larry (10 min) V. Agenda Planning 1. Future Agenda Topics VI. Adjourn Next Meetin~: January 18, 2001 Dec-14-00 03:35P P.Ol A.f1 ORJ"'. Board,HI'mim:r: Dall j-f"'rtJo/e. A[/!Illber - COlli/!]' COlllllliJJ"/(JJ!er Dis/Ii.'! # I G/m l-f'I11ti','gj(Jrd, AlL-mIx,. - CrJ;m{l' CommtJ'Jioner DJJ'lnd #2 Richard fF'oj!, Member - Com/t)" CommiSJ"ioner f)i.,.tnd #3 Gl!nJ7r~)' Ma.rd, MmdJc!r - Port TOu,'fuend CiD' COtlltdl ]ill Buhler. 1 'it'e-ChairmC/11 .. Hospital CommiSJiol/er DiJln',1 #2 .I hei/a Wej'temJiJII, Citi,\pl at Lm:ge (Ci~r) Robena f<,iudl. Chmrman. C.'iti:::.en at Large (Conn!)) JEFFERSON COUNTY BOARD OF HEALTH MINUTES " Thursday, November 22, 2000 4JR4J:r -= J !af(,Hemb/'r.l:' !eml Bald/J!ill. ."..Jm'.f;'(~ Sen.i.'eJ Direttor .Lzn;' Fa)'. Ell1'inlllm",;/al {-haill, Din:/'Jor ibolJ;~s Ltd/!. MD. l--iealrh qli!~-er Chairman Frissell called the meeting to order at 1:30 p.m. All Board and staff members were present, with the exception of Member Masci. The agenda was revised to include an update on the Ray and Liann Vines Ruling. APPROVAL OF MINUTES Member Buhler moved to approve the minutes of the October 19, 2000 meeting. Member Westerman seconded the motion, which carried by unanimous vote. OLD BUSINESS UPDA TE ILLEGAL DUMPING ACTION - LINDA SEXTON: Prosecutor Dalzell has recommended that the Board hold an Executive Session to discuss enforcement procedures and options. Chairman FrisseIl proposed that this item be discussed at the Health Board meeting in December. It was suggested that the County Administrator be included in this discussion. Staff agreed to follow up and confirm the availability of the Prosecutor's Office and County Administrator. NEW BUSINESS RA Y AND LIANN VINES RULING: Larry Fay said that the Department issued a permit this week after the Superior Court ruled in favor of Mr. Vines. Larry Fay agreed to provide the Board with a copy of the opinion. Procedurally, the Health Department and Board of Health's actions were in line. The Court looked to whether the zoning code was clear and explicit and agreed with Mr. Vines' attorney that the Planning Department should not have considered the opinion offered by the hearing examiner in another case. In the absence of an explicit policy in the zoning code, there was no prohibition for withholding the permit. He indicated that while there was a violation of covenants, the neighbors would have to pursue the case as a civil issue. Dec-14-00 03:36P P.02 HEALTH BOARD MINUTES - November 22, 2000 Page: 2 " Commissioner Harpole suggested that while the County will not try to overrule covenams, he believes the County should at least have the ability to recognize them. .4 There was discussion about the necd to revise the zoning code in the Unified Developmcnt Code (UOC) to provide for explicit rather than implicit direction. A question was whether the County would specify:. in the UDC that an off-site drain field crossing zoning boundaries is a conditional use. If so, then a process needs to be set for considering it. Larry Fay proposed documenting some objectives so the Board can see processes and make sure this policy would be clear. He noted that when the County did the Comprehensive Plan, including an analysis of the commercial land requirements in the County, it assumed an on-site sewage system. If the County suddenly starts going off-site with sewage, it increases the commercial capacity of the land. .1 Commissioner Huntingford said if the land is in the Urban Growth Area (UGA) zone and there is a desire to increase the commercial capacity, then maybe off-site community drain fields are appropriate. Commissioner Wojt said he would find it helpful for the Board of Health to make a recommendation on this issue to the Board of County Commissioners. Member Westerman supported the addition of language in the UDC to reflect what she understood to be the . Board's desire to keep commercial uses and commercial drain fields within the zoning boundary. Exceptions may be sought through an appeal process where people can apply for a conditional use pennit. There was general agreement that the zoning code needs to explicitly state that an off-site drain field crossing a zoning boundary is a conditional use. Commissioner Harpole suggested that there ma y be merit to looking at conditional use and an appeal process including notification of adjacent property owners. There was general support for reviewing the applicable UDC section and talking to the planners about the Board's concerns and vision. Larry Fay said his recollection of the court's decision hinged on the fact that the Planning Department said '! it is not allowed under zoning. The Board exercised its authority on the on-site sewage regulation based on ,~":. the zoning code. He recommended the Board deal with the public health and technical issues of the on-site . sewage regulation and make sure the policy is clear and predictable for both the County and the applicant. The planners would then handle the rural centers and urban growth boundaries and address how intensely owners can develop their property. He also believes that when we are looking for consistency between health and planning policies. where possible, Health Department policies should not promote sprawl. He agreed to relay to the Planning Department the Board's discussion. Dec-14-00 03:36P P.03 HEALTH BOARD MINUTES - November ::, 2000 Page: :1 LEGISLATIVE ISSUES: WSALPHO/WSAC PRIORITY ISSUES: Dr. Tom Locke reviewed the top four legislative priorities that originated with Washington State Association of Local Public Health Officials (WSALPHO) and were approved by the Association of Counties. The first priority is maintenance of funding Sl.056 million for local health jurisdictions. Priority two is the State Drinking Water Program and affects Group B water systems in Jefferson County~ The State Department of Health is proposing that money from the general fund be bcnchmarkcd to support community water systems with $1.4 million going to local health jurisdiction that regulate Group B systems. Commissioner Wojtlcft the meeting 2:00 p.m. The third priority is the Maintenance of the Universal Immunization Program. The system is unable to keep~ up with the introduction of new vaccines. The goal is to come up with an additional $12 million for the next' biennium to add one new vaccine and provide additional immunization infrastructure. The fourth priority is maintenance of the Tobacco Prevention and Control Plan. Currently only $15 million of the $100 million has been committed for tobacco control or cessation activities. There was discussion and support for scheduling a meeting with the legislators when they are here to meet with the Law and Justice Council. Staff agreed to follow up with the Law and Justice Chair. LEGISLATIVE ISSUES: 2001-03 STATE BUDGET FORECASTS: Jean Baldwin reviewed the cuts outlined in the November 8, 2000 Reproductive Health Report provided in the agenda packet. She indicated that there is a 3-5% Department of Health cut to meet the initiatives, which would affect budgets beginning in June 2001. One issue surrounding teacher pay increases is that compensation for all union positions, not just teachers, will have to be reviewed. Chairman Frissell asked about the $100,000 reduction in the Teen Pregnancy Prevention Program. Jean Baldwin responded that this reduction was proposed by the State Department of Health when they were asked to identify additional budget cuts. While Jefferson County is one qf the funded sites, to keep".. the service component of the Share program at Blue Heron, there would be a reduction in the research component. She said she would be trying to change the statement of work to continue to serve the same amount of youth (50). NOTIFIABLE CONDITIONS RVLE REVISION: Dr. Tom Locke reponed that a recent dental provider open house was a good opportunity to meet providers and inform them of the new revisions in the notifiable conditions reporting codes, He reviewed the changes to the list of conditions, which had not been comprehensively revised since the 19505. Among the added conditions were chronic Hepatitis Band C, which were not previously reportable. jJ: Dec-14-00 03:37P P.04 HEALTH BOARD MINUTES - November 22. :WOO Page: 4 Jean Baldwin said the open house included approximately eight providers and was funded with Tohacco' Control dollars. Staff played the four commercials. Providers not attending will get the informacion packet and a visit from staff In response to a question about how decisions arc made to take items off the list, Dr. Locke said that a clause in the reportable disease conditions states that providers can report anything strange or unusual. The items removed were either rare or failed to meet the 12 criteria (e.g., there may not be a public health argument for collecting the information). CHILDREN WITH SPECIAL HEALTH CARE NEEDS: Jean Baldwin provided an update on the project led by Marty Johnson, the goal of which is to meet with, offer guidance, and provide referrals to dayeare providers in handling special care needs. Governor Locke's desire with this funding was to increase the quality of daycare centers through education and to intensify provider training. This program is also meant to support daycare providers so that they can continue to accept children from families with mental health issues. A recent idea was to develop a health care "passport" tracking system similar to what is provided to foster parents. To reduce burnout and turnover, daycare providers need to know what services, funding and training are available to them. Member Buhler recommended that providers use an intake form when they enroll a new child. There was Board support for proceeding with the grant. HEAL THCARE INDICATORS WORKSHOP - JANUARY 25.26: Jean Baldwin discussed the scope of the workshop, which is to review the updated communicable disease, violence, substance abuse and vital records statistics to better identify data gaps and better understand where we are with respect to these issues. Of the organizations invited, it was suggested that the Community Network be included. Ms. Baldwin noted that while the Kids Count information included in the agenda packet has broad data, it does not provide enough information to do detailed program analysis. Dr. Locke said the 2000 Count}' Health Profile for Jefferson County included in the packet is a publication of county-based health indicators. # There was a comparison of the reported rural as compared to state figures. The Board asked to receive more workshop information and it was suggested that the Law and Justice Council also be invited to attend. Jean Baldwin agreed to follow up with an invitation to the Council and the press, Chairman Frissell announced that she was invited to attend the Washington Health Foundation's first colloquium on the Future of Rural Health Care to be held on Monday. January 29, 2001. The objective is to work on proposals for long-term restructuring of healthcare financing and delivery systems. She will report on this event at the February meeting. Dec-14-00 03:37P P.os HEALTH BOARD MINCTES - November 22. 2000 Page: 5 HUMA~ GENOME CONFERENCE: Dr. Locke said that he included the conference information because of the 2001 Board of Health agenda item "Program Measures (Genetic Research and Public Health Implications).'" He reported that the Dean of the School of Public Health at the University of Washington visited the department last week to discuss training opportunities and how the university might be able to better serve local public health. The Dean frequently referred to the book "Betrayal of TruSl. " which is described as an encyclopedic account of the collapse of international public health. INTERNAL ASSESSMENT: Chairman Frissell said the Health Department was asked to do an internal assessment by the end of this year. The questionnaire is currently being tabulated and a report will be available next month. Jean Baldwin said this data - staff input on the management structure, internal needs and system - will be available to and discussed by staff on November 30. Dr. Locke and the management team put the survey together. It is hoped this information will reveal how the department and staff are functioning without a director. The Board of Health and the County Administrator will receive the results and there will be a discussion about how to move forward with the management structure in the Department. PENINSULA SYRINGE EXCHANGE PROGR<\M: Jean Baldwin said this program began on September 18 and has been open twice a week in Jefferson County and once a week in Clallam County. The program is not being used heavily, but regularly. Jean Baldwin said customers have said they are exchanging needles for their friends. Dr. Locke said the Department would share information on this program when more data is gathered. JEFFERSON GENERAL HOSPITAL: Vice Chairman Buhler said a press release from the State Department of Health indicated that Jefferson General had signed their agreement. A change being implemented for quality assurance purposes is the addition of a part-time Chief Operating Officer / Clinic Manager. At a staff meeting last week, there was an explanation of how to report problems to the Performance Improvement Council. The Council is also working on a more responsive system to receive '. complaints from the doctors. A bigger concern for the hospital is that Virginia Mason in Sequim and Port Angeles has quit accepting new Medicare patients because reimbursemen.ts are so low. The hospital is unsure how this will impact our community. There was some discussion about the difficulty getting KPS reimbursements. It was also mentioned that KPS is going to raise their rates. State Group Health also raised their rates by approximately 20%. Jean Baldwin said counties need to begin talking about a rural health clinic. Dec-14-00 03:38P P.06 HEALTH BOARD MINUTES - November 2:, 2000 Page: 6 AGENDA CALENDAR / ADJOURN Larry Fay reviewed the draft policies that Staff will bring before the Board for review next month: · Revision of Minimum Land Area for On-site Systems · Design standards for Elevated Fixed Media Filters · Applicable Treatment Standards for Previously Installed On-Site Systems where no Building has ~. occurred 2001 AGENDA ITEMS: 1. CONTINl'ED STABLE FCl\;Dlt-.:G TO REPLACE :\fVET 2, ACCESS HE;\L TH CARE 3. PROGR..\.0.1 ME.\Sl'RES (Genetic Research and Public Health Implications) 4. lvfETHA1\rPHETA1\IIKE SU1\f1\HT 5. PERFORt\cL\:NCE STANDARDS & COMMl.'t-.:ITY ASSESSMENT 6, TOBACCO PREVE~TIOK AND COALITION i. FLCORIDE 8. TRANSIT AKD PCBLIC HOl'SIKG 9. BfOTERRORISiv1 READIKESS & PLAN 10. AGIKG POPUL\TION 11. Wi\. TER 12. ivL\TERN:\L CHILD PREVENTION GOALS (0-3) Commissioner Harpole thanked the Board, especially its citizen members. The Board in turn thanked him for his efforts. Meeting adjourned at 3:30 p.m. The next meeting will be held on Thursday, December 21 at 2:30 p.m. JEFFERSON COUNTY BOARD OF HEALTH Roberta Frissell, Chairman (Excused Absence) Geoffrey Masci, Member Jill Buhler, Vice-Chairman Richard Wojt, Member Glen Huntingford, Member Sheila Westerman, Member Dan Harpole. Member ~ ISSUE BRIEF of washington's health December 5, 2000 Washingto.n's Health Care Budget Crunch Though some say we've been here before and survlva'd,looking more and more like Washington State really is in trouble this time when it comes to funding state programs over the next two fiscal years. The state's General Fund will most certainly come up short when the legislature meets in January to hash out the 2001-03 biennial budget. At the same time, the Initiative 601 spending limit will further reduce the amount of General Fund money available. While state spending on health care continues to escalate - perhaps by as much as 25% in the next biennium - tax cuts have been steadily cutting into state revenue growth. The idea that circumventing the 1-601 spending limit will alleviate the impending budget shortfall, and save what could be dramatic cuts to key health programs, is not shared by everyone. And maneuvering around 1-601, even if made politically palatable, might not be enough to spare some programs and payments from the chopping block. General Fund Revenues and Requests The state will need somewhere in the vicinity of $22.6 billion in the 2001-03 biennium just to maintain current programs. That's about $300 million more than the General Fund will have available, and $400 million above the projected 1- 601 spending limit. It's also about $1.7 billion more than the last biennium - $1 billion of which is health-related. Projected 2001.03 GF.S Expenditures and Revenues, and the 1-601 Spending limit in millions $23.100 $22,800 $22,500 1601 Limit: $22,209 $22.200 $21,900 Expenditures: Maintenance Bdgt + 1.732 Revenues + Unrestricted Reserves. More money would be available - before considering the spending cap - but for the recent passage of Initiatives 728, the student achievement initiative, and 722, the property tax initiative. In the next biennium these initiatives will divert about $466 million in property tax and lottery revenues from the General Fund ($442 of this is for 1-728). Then there's 1-732. Meeting this initiative will require that between $330 and $446 million be spent 170m the General Fund in the 2001-03 biennium to give K-12 teachers and community and technical college faculty and select personnel a cost of living adjustment. Controversy over who gets the raise - hence the estimated cost range - will be decided by the legislature. Add this required General Fund spending to the state's program maintenance needs . and the General Fund shortfall approaches $750 million - again, without considering the 1-601 spending cap. Reserve Funds The state does have a rainy day fund. About $550 million in non-designated dollars reside in an "Unrestricted Reserve" fund, and can be spent with a simple majority vote of the legislature. This money is not enough to make up the 2001-03 General Fund shortfall, however, and also is subject to the 1-601 limit. An Emergency Reserve Fund University of Washington Health Policy Analysis Program www.hpap.washington.edu established by 1-601 has another $536 million. But these funds can be tapped only by a 2/3 majority vote of the Legislature, something that most consider unlikely. And once tapped, they, too, are subject to the 1-601 cap. Trimming State Health Programs Governor Locke has directed state agencies to propose reductions in their General Fund budgets for the next biennium. Among the cuts the Department of Social and Health Services will propose to Medical Assistance are: . Reducing payments to fee-for -service providers, both in- patient and out-patient, by 2%. . Reducing the rate increase to Healthy Options providers by 2%, down to 6%. . Terminating the non-emergent adult dental program. . Eliminating the Medically Indigent program, and trans- ferring funding to back-fill at about the 50% level. The state Department of Health also will propose reductions, among them: Reducing funding for a statewide HIV/AIDS care coordination program; for family planning coordination with local agencies; and for the Locum Tenens Program, which provides health care professionals to rural communities when the local provider is unavailable. Eliminating training funds for acute care and rehabilitation personnel. Eliminating production of the biennial Rural Health Data Book. Distribution of 1999-01 General Fund Expenditures. Higher Ed, 12% General Govt. 3% . Health-related expenditures come out of aU these categories. though most from "Human Services." They comprise between 22% and 30% of entire pie. . . . DSHS also will propose cuts to the Mental Health Division, including downsizing state hospitals by moving certain patients to community settings (while funding appropriate out-patient treatment); reducing maintenance level caseload increases for the Special Commitments Center's clinical, residential, and administrative services and programs; and eliminating the Inpatient Emergency Pool provided in the 2000 budget. The Outlook is Overcast When legislators convene in January, they will decide the future for a state where the number of uninsured is at best around 9.5%, but by some counts is on the rise. Health care costs, too, are rising: next year, Washington's employers likely will pay up to 15% more for medical, dental, and vision benefits. And health plans continue to drop out of Healthy Options, the state's Medicaid managed care program, like marbles off a table - it's down to 7 now. Since 1993, Washington state's tax revenue growth, fueled by a strong economy, has been used to fund tax relief, not government spending. In January 2001, Legislators will face a General Fund that is not sufficient to maintain current state programs through the next biennium; yet they must also pay 1-732 salary increases from the same pot. Tax refunds seem out of the picture. Single-issue initiatives have coalesced into a stew of concurrent demands for substantial tax cuts and targeted spending increases. Exactly where will the money come from? The state's financial reserves come with taut strings attached. And even a strong Health Services Account, from which the Basic Health Plan and some of the overall DSHS and DOH budgets are funded, could take a significant hit next year when certain Medicaid federal fund transfers are restricted by the federal government (another story unto itselQ. It will take creative thinking, and a big dose of political will, to create a state budget - and a health care environment - that serves Washingtonians well in 2001 and beyond. University of Washington Health Policy Analysfs Program www.hpap.washington.edu . '..\ . ~ .__... ...........~-~......._..a'W.-... Proposed Standards for Public Health In Washington State: Evaluation Report Submitted by: MCPP Healthcare Consulting, Inc. Pacific Rim Resources, Inc 11/13/00 Executive Summary The Proposed Standards The Proposed Standards for Public Health in Washington State were developed through a collaborative effort between state and local health officials. Over the course of two years, more than 100 individuals participated in meetings, workshops and review sessions, resulting in publication of the Proposed Standards as revised (May 2000) and the subsequent design of their evaluation and on-site review. The Proposed Standards align with the core public health functions of Assessment, Policy Development and Assurance, as well as with the nationally recognized ten essential services of public health. A matrix to crosswalk the Proposed Standards to both the core functions and essential services is provided in Attachment D of the full report. Along with the relationship to core functions and essential services, there are themes embedded throughout the Proposed Standards that align with national performance management and quality improvement goals. The Shewart Cycle (Plan7 D07 Check7 Act) is a key conceptual model in quality improvement. This cycle outlines a conscious, documented process for the quality improvement work of organizations, beginning with a planned approach that is grounded in data, best practice and science; specified sufficiently to be consistently implemented; measured to determine if intended results have been achieved; and, regularly reviewed for further improvement opportunities. The following ideas appear throughout the Proposed Standards: ~ Quality Improvement Processes ~ Data Driven Decision Making ,. Best Practices and Consistency of Practice ~ Documentation of Practice ~ Collaboration and Partnerships These themes summarize the "how we do our work" envisioned for public health practice, whether the work underway is surveillance and management of communicable diseases, assuring safe food or water for the population, or any other aspect of the public health system. The Evaluation Process The evaluation of the Proposed Standards included all 34 local health jurisdictions (LHJs) in the state and 20 Department of Health (DOH) program sites selected by the DOH for evaluation. Each site was asked to complete a self-assessment tool that included all the standards and their measures (Attachments B and C in the full report). Each site was also asked to prepare for an on-site visit by organizing the documentation supporting the self-assessment on each measure. The documentation was reviewed by an independent consultant, who scored compliance for each measure. This document review and scoring was used for quantitative evaluation. In addition, potential best practice documentation was collected from each site. The on-site reviews concluded with an exit interview in which qualitative information regarding supports necessary to achieve compliance and feedback on the Proposed Standards was obtained. ii This evaluation report summarizes the on-site review process and the findings and recommendations regarding the Proposed Standards and their implementation. The process itself uses the Quality Improvement Shewart cycle: the Proposed Standards were the Plan step; the self evaluations and site visits were the Do step; the data analysis and this report are the Check step; and the future work on Proposed Standards will be the Act step. The following diagram summarizes the present and future application of the Shewart cycle to the standards. Standards Development and Evaluation (Current Phase) Implementation of Standards & Site Review Process Improvement Cycle and Unkage to Funding (Fall 2002-Summer 2003) Overall Findings While the terms in compliance, not in compliance, but some compliance, and not in compliance are used throughout this report, it is important to note that the evaluation process was focused on testing the standards themselves, not the sites. The site visits represented an "as if" process, documenting degrees of compliance "as if" the standards were an agreed upon set of expectations that LHJs and DOH programs had been working within for some time. In fact, this was the first organized opportunity to apply the standards and observe current statewide performance. The evaluation process confirmed that the Proposed Standards work as intended and can be used to create a summary view of the state and local public health system. The Proposed Standards ~ The Proposed Standards tested well and are measurable ~ Differences in performance on the Proposed Standards among sites can be identified and quantified ~ The Proposed Standards have set the expectation level in a range that is achievable, but will require every site to "stretch" in certain areas Current Statewide Perfonnance ~ Certain areas of performance are strong throughout the system-for example, community and stakeholder involvement in policy setting and service implementation ~ Certain areas of performance are weak throughout the system-for example, implementation of quality improvement activities Proposed Standards for Public Health: Evaluation Report Hi .,. Some areas of performance are strong at the state level and quite variable at the local level- for example, assessment functions .,. Some areas of performance are stronger at the local level and require development at the state level-for example, communicable disease investigation and control procedures that result in documented actions y Many state and local processes rely extensively on institutional memory and the assumption that" everyone knows" what their roles are, who to contact, or how to complete a task y There is a positive correlation between size of local jurisdiction budget and/ or number of employees and the likelihood of compliance, particularly in the area of assessment y The dilemma for most sites is that the "doing" of the work takes precedence over the documentation of the work; however, the standards and measures focus not only on doing the work but on the quality improvement steps of planning, protocol development, and evaluation of the work ~ The system works as well as it does because of the skills and commitment of the staff and the scope and depth of work being done to improve the health status of the public Findings Specific to the Proposed Standards and Their Measures The Proposed Standards for Public Health in Washington State are organized into five sections. Within each of these five sections, four to five standards are identified for the entire governmental public health system. For each standard, specific measures are described for local health jurisdictions and, separately, for the state Department of Health and its programs. Compliance is reported separately for LHJs and state programs and summarized in the charts at the end of this executive summary: Protecting People from Disease: Standards for Communicable Disease and Other Health Risks ~ Compliance ofLHJs . 12 of 16 measures have at least 50% of LHJs in compliance . All five standards have most measures with at least 50% of LHJs in compliance; however, 1.4 has very weak compliance aside from contact lists being readily available ~ Compliance of state programs . 9 of 16 measures have at least 50% of state programs in compliance . One of five standards (1.4) has all measures with 50% or less of programs in compliance Understanding Health Issues: Standards for Public Health Assessment ~ Compliance ofLHJs · 12 of 19 measures have at least 50% of LHJs in compliance · Two of five standards (2.2 and 2.3) have all measures with 50% or less of LHJs in compliance ~ Compliance of state programs · 20 of 22 measures have at least 50% of state programs in compliance · All five standards have most measures with at least 50% of programs in compliance Proposed Standards for Public Health: Evaluation Report iv Assuring a Safe, Healthy Environment for People: Standards for Assuring a Safe, Healthy Environment for People >- Compliance ofLHIs . 7 of 12 measures have at least 50% of LHJs in compliance . One of four standards (3.3) has all measures with 50% or less of LHJs in compliance >- Compliance of state programs . 9 of 14 measures have at least 50% of state programs in compliance . One of four standards (3.3) has all measures with 50% or less of programs in compliance Prevention is Best/Promoting Healthy Living: Standards for Prevention and Community Health Promotion >- Compliance ofLHIs . 8 of 14 measures have at least 50% of LHJs in compliance . All four standards have most measures with at least 50% of LHJs in compliance; however 4.3 has very weak compliance aside from documented community resources >- Compliance of state programs . 14 of 17 measures have at least 50% of state programs in compliance . All four standards have most measures with at least 50% of programs in compliance Helping People Get the Services They Need: Standards for Access to Critical Health Services >- Compliance of LHIs . 3 of 6 measures have at least 50% of LHJs in compliance . One of four standards (5.4) has all measures with 50% or less of LHJs in compliance- actually, with 10% or less in compliance on both measures >- Compliance of state programs . 14 of 17 measures have at least 50% of state programs in compliance . One of four standards (5.2) has all measures with 50% or less of programs in compliance Recommendations The recommended actions fall into three areas: the supports needed to achieve compliance, the Proposed Standards themselves, and the future site review process. Supports To Achieve Compliance >- Financing Currently, funding drives the ability to deliver most programs, regardless of established priorities, especially in the smaller jurisdictions. . Determine funding levels required for efficient achievement of performance on the standards (LHJ & DOH) . Direct funding to priority areas for the individual jurisdiction (LHJ) >- Communications and public contact information . Make consistent use of standardized procedures for dissemination of urgent public health messages (LHJ & DOH) . Clarify roles and responsibilities in disease outbreaks (LHJ & DOH) Proposed Standards for Public Health: Evaluation Report v . Provide risk communication and prevention and environmental health education (LHJ & DOH) . Implement consistent processes for sharing information (LHJ & DOH) }> Policies and procedures . Utilize statewide resource documents wherever possible rather than creating additional local policies and procedures (LHJ) . Jointly develop policies and procedures with local implementation (LHJ & DOH) . Develop policies and procedures for: LHJs to request consultation; to disseminate information regarding prevention and health promotion; and process for informing agencies of funding opportunities (DOH) }> Program planning and evaluation . Conduct consistent monitoring and analysis of programs' progress toward goals (LHJ & DOH) . Conduct program evaluations and use results to improve programs (LHJ & DOH) . Monitor access to prevention services (LHJ & DOH) . Evaluate response actions, enforcement actions, and health promotion interventions (LHJ & DOH) }> Tracking and reporting of Key Indicators . Develop surveillance systems and standardized indicators for communicable diseases, environmental health, chronic diseases, and other health risks (LHJ & DOH) . Develop and implement a technology and information plan that integrates data from all levels, and determines deployment strategies (LHJ & DOH) . Assess access to critical health services and identify gaps in prevention and critical health services (LHJ & DOH) }> Workforce development . Create staff development plans in order to address requirements of the standards (LHJ & DOH) . Assure consistent skill levels and participation in training across all LHJs (LHJ & DOH) . Increase access of LHJs to DOH assessment, consultation, and technical assistance resources (DOH) . Recommend staffing levels required to meet performance standards (LHJ & DOH) }> Quality improvement plan . Use evaluation and performance data to improve programs and document trends over time regarding improvement (LHJ & DOH) . Apply QI/Shewart cycle principles and processes to all programs and management systems (LHJ & DOH) . Jointly develop standardized QI plan template for implementation at local levels (LHJ & DOH) . Clarify DOH QI process and relationship to various areas of public health system (DOH) Revisions to the Proposed Standards }> Keep five sections as they are Proposed Standards for Public Health: Evaluation Report vi . Protecting People from Disease: Standards for Communicable Disease and Other Health Risks . Understanding Health Issues: Standards for Public Health Assessment . Assuring a Safe, Healthy Environment for People: Standards for Assuring a Safe, Healthy Environment for People . Prevention is Best/Promoting Healthy Living: Standards for Prevention and Community Health Promotion . Helping People Get the Services They Need: Standards for Access to Critical Health Services y Revise/add minimally to standards . Communicable Disease: 1.2 and 1.5, replace the reference to "natural disasters" with "other health risks" . Assessment: no changes . Environmental Health: no changes . Prevention/ Health Promotion: add a new standard 4.4 "Prevention, early intervention and outreach services are provided either directly or by contract" to evaluate the "doing" work of preventive services . Access: revise 5.4 to read "Regulatory requirements for delivery of healthcare services, and capacity, process and outcome measures regarding critical health services are established, monitored, and reported" to evaluate the "doing" of the regulatory programs at the state level y Revise measures to consistent format across all sections and standards . Public Contact Information . Community and Stakeholder Involvement Process . Governance Process . Policies/Procedures/Protocols for Services . Program Plan/Goals/Objectives/Evaluation . Key Indicators or Performance Measures Tracking and Reporting . Workforce Development/Staff Credentials and Training . Quality Improvement Plan Future Standards and Review Process y Role of standards and review process . Design a biennial process and complete site visits within a fixed block of time . Develop both system and site specific reports in time to incorporate findings into the PHIP and budget process . 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Intemalloading must be considered in the system design in order to assure the structural integrity of the vessel and to minimize the risk of vessel failure with consequent treatment system malfunction. APPLICABILITY : This policy applies to any fixed media filter containment vessel intended to be installed above natural grade that is site designed and constructed, including but not limited to elevated sand filters and Glendon Biolfiltors. POLICY STATEMENT: Site designed and onsite constructed containment vessels for elevated fixed media filters shall be designed and constructed so that the vessel will remain within original design tolerances and vessel failure will not be a limiting factor in the useful life of the onsite sewage system. Designs for elevated containment vessels shall be prepared by a profess~onal engineer licensed to practice in Washington State and shall bear the stamp of the design engineer. In the absence of any other longer standard, the useful life of the system shall mean a minimum of twenty (20) years in use. This policy shall become effective on the date of adoption by the Jefferson County Board of Health and shall remain in effect unless modified or repealed by the Board. Health Officer Date Chairperson, Board of Health Date H:\env_health\wino~a\Policies\Wastewater - Design standards for Site Construction. doc 12113/00 JEFFERSON COUNTY HEALTH AND HUMAN SERVICES ENVIRONMENTAL HEALTH DIVISION POLICY STATEMENT PROGRAM - On-site Sewage Disposal SUBJECT - Review of Building Permit Applications Effective this date the following procedure shall be adopted concerning review of building permit applications on properties where there is an existing onsite sewage system. PURPOSE Applications for building permits for properties served by on-site sewage systems shall be approved only when the on-site sewage system -has adequate hydraulic and treatment capacity to accommodate the proposed construction and an adequate repair area is available. APPLICABILITY This policy applies to building permit applications for new structures that contain plumbing; remodels additions, alterations or remodels to existing structures that contain plumbing; and structures not containing plumbing when the placement of that structure may interfere with the performance of an existing onsite system or the ability to replace the existing system. I. Building permit applications shall include an accurate, to scale, record of the site. The record shall show locations of existing and proposed buildings, driveways, wells, water lines, surface water, significant land features (steep slopes, drainage swales, rock outcrops) as well as the location of septic system components and reserve/repair area. When the onsite sewage system has not been installed, the locations of components shall be shown as portrayed on the approved design. II. Where there is sufficient information contained within the onsite sewage system permit file to verify that the system has adequate hydraulic capacity, a designated reserve, and adequate vertical separation, the building permit may be issued. Generally, this means any system that was permitted after July 1, 1983, and received approval from Environmental Health to cover or received a final inspection, will be considered to be valid, except, that those sites that do not have a dedicated reserve area established will be required to identify a reserve area that complies with the onsite code in effect at the time of the building permit application before a building permit will be issued. Draft Policy Review of Building Permit Applications page 1 of 3 III. Where there is a record of a pennit having been issued and the system received final approval or was given approval to cover by Environmental Health, but there is insufficient information in the file to verify vertical separation or horizontal setbacks, an assessment of the onsite sewage system shall be required. System assessment may be performed by the Environmental Health Division, a licensed Designer or Professional Engineer licensed in Washington. A. All system assessments shall be submitted to Environmental Heal.th, shall include the following information, be submitted on forms approved by Environmental Health and submit fees for review. 1. Location of the septic tank and pump chamber (if present). 2. Location of the distribution box or beginning of the drainfieldldistribution system. 3. Length, width and depth of drainfield/distribution system. 4. Depth of usable soil to restrictive horizon (compaction or water table). 5. Soils information to assess a reserve/repair area. A minimum of two (2) soil logs shall be provided in the designated area. 6. Location and source of drinking water supply. 7. Location of structures, surface waters and drainage ditches. B. Where the site inspection verifies that there is adequate hydraulic capacity, a minimum of three feet of vertical separation, horizontal setbacks conform to those established in Table I, WAC 246-272 and there is sufficient area and soil for a conforming reserve area and vertical separation is less than three feet, but greater than one foot, the building permit may be issued conditioned upon an annual monitoring inspection schedule. The annual monitoring inspection shall include a winter water table determination (during January or February) in addition to the standard monitoring schedule. Winter water table monitoring shall be conducted in the following manner: 1. Install two (2) monitoring ports on the contour and in the vicinity of the drainfield system to a depth of three (3) feet below the bottom of the drainfield. 2. The owner shall enter into a monitoring contract with an approved monitoring entity to monitor the vertical separation of ground water to the bottom of the system. 3. The system shall be monitored annually during the month of January or February (the wet season) 4. A minimum of 12" of vertical separation shall be required. If a system does not have 12" of vertical separation repair lupgrade to the system shall be required within 2 years unless surfacing sewage is present in which case repair is required within 90 days. (owner may install curtain drain or make other site improvements and keep monitoring) Draft Policy Review of Building Permit Applications page 2 of 3 IV. Non-residential structures that contain no pl'Jmbing shall be reviewed as follows: A. Lots of five acres or less -An accurate record shall be established of the site and the existing onsite sewage system components, and a reserve/repair area that complies with the code in effect at the time of the building permit application will be evaluated. Record of the site and existing system shall meet the standards of III.A. 1 - 7. B. Lots greater than 5 acres where there is a permit on record and no critical areas or surface waters exist within 200' of the onsite sewage system area shall receive an administrative/office review of the plot plan submitted. If the plan indicates no interference with the system and a reserve area can be designated on the plot plan the building permit may be approved. A field inspection may be required if it is determined to be necessary, based on best professional judgement, to protect public health. C. Lots greater than 5 acres where there is no permit record on file, or there is a permit record on file, and critical areas or surface waters exist within 200' of the onsite sewage system area, shall provide an accurate record of the following: 1. Location of the septic tank 2. Location and source of drinking water 3. Identify a reserve/repair area as described in !l1.A. 5. IV. These procedures shall not be used to assess systems that were installed since 1970 when an onsite sewage permit was required. These systems were installed in violation of state and local codes and shall meet all onsite sewage code requirements at the time of building permit application. V. Approval will not be granted for a building permit where a failure of the onsite sewage system is identified until an appropriate repair is permitted for the site. V. This policy shall become effective on the date of adoption and remain in effect until amended or repealed by action of the Jefferson County Board of Health. Health Officer Date Chairman of the Board of Health Date H:\env _health\linda\gd\onsiteord\building permit application review3 Draft Policy Review of Building Permit Applications page 3 of 3 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 Theodore M. Cropley, Deputy Prosecutor David W. Alvarez, Deputy Prosecutor R E eEl V E 0 To: From: Date: Re: Jefferson County Board of Health & Larry Fay David Alvarez, Chief Civil DP A Friday, December 08, 2000 Vines v. Jefferson County, LUP A lawsuit DEe 1 1 2000 JEFF. COUNTY HEALTH DEPT. As you may know, Ray Vines won his appeal of the decision by the Jefferson County Board of Health, the decision that the Health Officer was correct in denying Mr. Vines the right to place a septic system on residential Lot 2 in Melwood Terrace to support a commercial enterprise on an adjacent commercial lot, Lot 1 in Melwood Terrace. Mr. Vines also is entitled to have the County pay his attorney fees, in the amount of $660. The Findings of Fact and Conclusions of Law as well as the "Final Judgment" for $660 are enclosed and should be distributed to all of the members of the County Board of Health. While I would strongly recommend against any appeal, if the County Board of Health feels this matter should be appealed, then it must immediately contact attorney Mark Johnsen at (206) 224-8020, as he was the attorney representing the County. I also spoke recently with Richard Porsche (one of the neighbors) and they may revive their claims against Mr. Vines based on the local covenants, conditions and restrictions. Should a lawsuit arise based on those CC & Rs, the County wiJ.J not become v"".1 "- ?\volved. c,.lJ S J)~ Db .) .,,-lJL' DavidAIvare~Deputy. f 0"' 1iJ,'1 r ~cJj.' 2 3 Ocr -.' L...; - I 4 5 6 7 8 9 IO SUPERIOR COURT OF WASHINGTON FOR JEFFERSON COUNTY RAYMOND and LIANN VINES, Petitioners, NO. 00-2-00133-8 FINAL ruDGMENT ON LAND USE PETITION ACT APPEAL v. JEFFERSON COUNTY acting through the 11 JEFFERSON COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH, ITS 12 DIRECTOR, and JEFFERSON COUNTY BOARD OF HEALTH, (Clerk's Action Required) 13 Respondents. 14 15 16 17 18 19 20 JUDGMENT SUMMARY Judgment Creditor: Judgment Debtor: Raymond and Liann Vines Jefferson County 1. 2. 3. 4. 5. Principal: $660.00 Interest: 12% per annum Attorney for Judgment Creditor: DenJ.'1is D. Reynolds Williams, Kastner & GibbsPLLC 21 ORDER 22 23 In accordance with the Findings of Fact, Conclusions of Law, and Order previously entered, this FINAL JUDGMENT in favor of Petitioners Raymond and Liann Vines is hereby 24 entered in the above-captioned matter granting the relief requested in their Petition for Review, 25 FINAL JUDGMENT ON LAND USE PETITION ACT APPEAL - 1 Williams. Kastner & Gibbs !'LLC Two Union Square, Suite -l100 (98101-2380) ~Iail Address: P.O. 80x ~1l)~6 Seattle, Washington 98111-3926 l~06) 628-(>(:,00 1136)01.1 ,,--. '....~' c_ t .! .... reversing the land use decision of Jefferson County, remanding with instructions, and the Court, having considered Petitioners' Cost Bill, the respondent having not objected to the Cost Bill, Petitioners are hereby entitled to recover the costs set forth above. \)LC DATED this ~ day of.No'v'cmber, 2000. 2 3 4 5 6 7 8 9 I Presented by: /5-/ Hotlorable Judge Leonard W. Kruse Kitsap County Superior Court (Visiting) 10 11 12 By C) ~ ~,.;()t'-o 13 Dennis D. Reynolds, WSBA #04762 WILLIAMS, KASTNER & GIBBS PLLC 14 Attorneys For Petitioners Raymond and Liann Vines 15 16 17 18 By ~/ ~ 19 Mark R. Johnsen r Approved as to Form; Notice of Presentation Waived KARR TUTTLE CAMPBELL 20 ' Attomeys for Respondent Jefferson County 21 22 23 24 ?- -) FINAL JUDGMENT ON LAND USE PETITION ACT APPEAL - 2 Williams. Kastner & Gibbs I'LLC Two Union Squan:, Suite 4100 (98101-2380) ~Iail Address: P.O. Box 21926 Seattle. Washington 98111-3926 (206) 628-6600 113630 \.\ . I ') .... .J 4 5 6 SUPERIOR COURT OF W ASHINGT01'\ FOR JEFFERSON COUNTY 7 RAYMOND and LIANN VINES, NO. 00-2-00133-8 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON LAND USE PETITION ACT APPEAL 8 9 10 Petitioners, v. JEFFERSON COUNTY acting through the 11 JEFFERSON COUNTY DEPARTMENT OF ENVIRON1vlENT AL HEALTH, ITS 12 DIRECTOR, and JEFFERSON COUNTY BOARD OF HEALTH, 13 14 Respondents. 15 In accordance with CR 54(e), the court hereby reduces its Memorandum Opinion dated 16 October 24,2000, to the following Findings of Fact, Conclusions of Law, and Order. 17 18 FINDINGS OF FACT 1. The parties to this action are Raymond and Liann Vines, petitioners, and 19 20 Jetlerson County, respondent, acting through its Department ofEnvirOlmlelltai Health 21 (Department), the Department's Director, and the Board of Health (Board). 22 Petitioners are the owners of adjacent lots in the subdivision of Melwood 2. 7.... _.J Terrace located in unincorporated Jefferson County. Lot 1 is zoned for commercial use and 24 development, while Lot 2 is zoned for residential use and development. Petitioners intend to 25 FINDINGS OF FACT. CONCLUSIONS OF LAW, AND ORDER ON LAND USE PETITION ACT APPEAL. 1 Williams. Kastner & Gibhs 1'1.1.(" rWO lIlli"1l S4uare. Suite -l lOll ('IX 101-23XO) ;l.lail Address: 1'.0. 13,', 21')2(, Scall!.:. \\"ashillglolll)X 111-.\'>2(. l2()(') <>2S-(,(IOO 1133950. I (t(Q)~1f [ . place a commercial structure on Lot I, with that building's septic system located on the 2 adjacent Lot 2. To do so, petitioners submitted a revised application for septic system approval 3 to the Department, No. SEP 98-0007. 4 3. The Jefferson County Department of Environmental Health denied petitioners' 5 application based upon a determination that use of Lot 2 for septic to serve a commercial use of 6 Lot 1 would violate the Zoning Code. The Department relied upon a written interpretation 7 8 9 10 11 submitted by the Jefferson County Department of Community Development ("DCD") that use ofLat 2 for septic to serVI;; Lot 1 violated the Zoning Code. The DeD's interpretation alluded to a 1997 decision of the Jefferson County Hearing Examiner involving petitioners. The Vines then appealed to the Board of Health. 12 4. On April 14, 2000, the Jefferson County Board of Health upheld the 13 14 15 16 17 18 19 20 21 22 Department's ruling. Petitioners filed a timely appeal of the Board's decision under RCW Chapter 36.70C, the Land Use Petition Act. 5. Jefferson County concedes that there is no health risk to granting petitioners' application. Instead, both the Department and the Board relied on their reading of the Jefferson County Zoning Code to deny the application. Despite the lack of a specific definition of septic systems as accessory uses, the Board concluded that a septic system on the residential Lot 2 was an "accessory use" in support of a proposed professional office building or other commercial structure on Lot 1. The Board then held that the Zoning Code prohibited "accessory uses" to commercial uses on adjacent residential property and denied petitioners' 23 24 application. 25 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON LAND USE PETITION ACT APPEAL- 2 Williams. h:astlu'I'.I:: Glhhs 1'1.1.(' T\\,(1 Uni,l11 Sqllar~. Sllil~ -II tltl (')X I () 1-~,1g0) Mail ^ddr~ss: P,O. !lox ~ I'l~h Sealtl~. \\'ashillglll!l <)1-( 111.,11)~C> \2(6) (l~X-(lNlO 1133950,1 .I 6. Jefferson County's Zoning Code makes no references to septic systems or 2 placement of these systems whatsoever, whether as "accepted," "approved," "permitted," ..., -' "prohibited," or "accessory" uses. However, Jefferson County's Health Code, Chapter 8.15, 4 regulates placement of septic systems and specifies that these systems may be sited on adjacent 5 lots. 6 In a 1997 decision, the Jefferson County Hearing Examiner denied the Vines' 7. 7 8 application for a variance from the setback requirements between Lot 1 and Lot 2. The only 9 matter before the Examina in 1997 was the variance application. No findings were made by 10 the Examiner that a septic system on Lot 2 to serve a commercial use on Lot 1 was precluded 11 by the Zoning Code. Respondent argues that this 1997 Hearing Examiner decision, as well as 12 decisions affirming the County's determination to refrain from changing the zoning on Lot 2 13 from residential to commercial, bars consideration of petitioners' current application under the 14 doctrines of res judicata and collateral estoppel. 15 8. Following their decision to deny the Vines' application, Board members 16 17 discussed potential methods to close the "loophole" in the Jefferson County Code by which 18 19 previous applicants had received approval for placement of commercial septic systems on adjoining residential property. One Board member referred to the previously approved similar 20 situation at the Circle and Square development saying it "should not serve as a precedent, but 21 rather as an opportunity to correct the mistake." 22 23 24 25 FINDINGS OF FACT. CONCLUSIONS OF LAW, AND ORDER ON LAND USE PETITION ACT APPEAL- 3 Williams. Kastner"" Gibbs I'LLC Two Union Square. Suit~ -1100 (9ll10 1-2380) Mail ^ddl'~ss: 1'.0. B"" 21lJ2C> S~alllc. \\"ashillgtol1l)~ III-JlJ2(, (20(,) 62~-(,WO II.3:\lJ50.1 1.1 CONCLUSIONS OF LAW 2 1. Petitioners' suit is not baned by the doctrines ofres judicata or collateral 3 estoppel. The issue of placement of a septic system on Lot 2 was not before the Hearing 4 Examiner when he issued his previous decision in 1997 as to setback variances on Lot 1. Any 5 mention of a septic system on Lot 2 was not material and essential to the examination of 6 setback variances on Lot 1, and use of Lot 2 for any purpose was not before the Examiner. 7 Any comments contained in the Hearing Examiner's opinion regarding placement of a septic 8 system on Lot 2 are nonbinding dicta and cannot bar petitioners from an opportunity to fully 9 10 litigate their interests as to siting of a septic system on Lot 2 to serve Lot 1. Additionally, the 11 12 previous challenges to the zoning of Lots 1 and 2 are distinct actions from use of Lot 2 for placement of a septic system and these challenges did not adjudicate the issue of proper siting 13 of a septic system for a commercial structure on Lot 1. Petitioners' application to place a 14 septic system for Lot 1 on the adjacent Lot 2 was not previously decided. 15 The Jefferson County Zoning Code does not prohibit placement of septic 2. 16 systems on adjacent lots. The Code's failure to refer to septic systems as "permitted" uses does 17 18 not mean that septic systems are therefore prohibited, but simply that placement of a septic 19 20 system is unregulated under that law. 3. The Jefferson County Health Code allows septic systems to be sited on adjacent 21 lots, without reference to the zoning of either lot. 22 The Department's, and subsequently, the Board's interpretation and application 4. 23 of the Jefferson County Zoning Code to petitioners' application was an enoneous interpretation 24 25 FINDINGS OF FACT. CONCLUSIONS OF LAW, AND ORDER ON LAND USE PETITION ACT APPEAL- 4 Williams. Kastner So: Gibbs I'I.LC 1'\\'0 Union Suuarc. Sulle ~IOO (l)t\IOI-2380) Mail Aduress: PO, Il,,'( "Il)"" Scattk \Vashing.tll" l):-> 111-3')"<> (20(1) (,":->-(,600 1133950 I ,j 1 of the. law within the meaning ofRCW 36.70C.130(b) and an erroneous application of the law 2 to the facts as defined in RCW 36. 70C.130( d). 3 5. Jefferson County may not close a perceived "loophole" in its zoning code 4 through the process of an administrative board hearing, or administrative interpretation in 5 contravention of the plain language of the Zoning Code and other provisions of County 6 7 Ordinances. The Board's ad hoc interpretation of the law in an attempt to dose a perceived loophole in the Zoning Code was unlawful and erroneous in violation of the vested rights 8 9 10 doctnne. ORDER 11 In accordance with the foregoing Findings of Fact and Conclusions of Law, it is hereby 12 13 ORDERED, that the Jefferson County Board of Health's decision is REVERSED and this matter is REMANDED to the Jefferson County Department of Health with instructions to 14 approve petitioners revised application, No. 98-0007, for placement of a septic system on Lot 2 15 16 17 18 19 20 of the plat ofMelwood Terrace to serve a commercial development located on Lot 1 of that plat. Dk.L...- DATED this ~ day of November, 2000. I~I Honorable Judge Leonard W. Kruse Kitsap County Superior Court (Visiting) 21 22 23 24 25 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON LAND USE PETITION ACT APPEAL- 5 Williams, Kastner & Gibbs PLLC Two Unilln Square. Suilc .)100 (<)~IOI.2380) "tail Addrcss: PO. Box 21 l)26 Seattle, Washll1gloll l)~ 111-.1l)2() \20<>) (,2lH,(,\)O 1133<J50 I ,1 1 Presented by: 2 3 4 5 6 WILLIAMS, KASTNER & GIBBS PLLC By ~ - ~~~~ Dennis D. Reynolds, WSBA #04762 Attorneys For Petitioners Raymond and Liann Vines 7 Approved as to Form; Notice of Presentation Waived 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 KARR TUTTLE CAMPBELL By ~/ .~ Mark R. Johnsen' /' Attorneys for Respondent Jefferson County 23 24 25 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON LAND USE PETITION ACT APPEAL- 6 11,'3')50.1 Williams, Kastner & Gibbs I'I.LC 1\\<' l'nil1l1 Sljuare. Suite 4100 (<)RIOI-23RO) Mail .\Jdress: 1',0 Ih,,21'>2(> Sealllc. \\' ashinghl1l 'l~ 111-392(> (20(,\ "cS-(,(,O() STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF FOOD SAFETY & SHEllFISH PROGRAMS .-177 Cleanwater LrI., Bldg. 4 · PO 80\ 47824 · Olvmpia. H,,.;hingtol1 '1fJ'jI}.J--.'1:!4 (]60J 2]6-3330 · TOO Relay Services 1-800-833-6388 December 8, 2000 RECEIVED DEe 1 1 2000 JEFF" OJUN I Y HEALTH D.EPT. Larry Fay Jefferson County Health District 615 Sheridan Port Townsend WA 98368 RE: Quilcene Boat Basin Dear Mr. Fay: Enclosed are documents prepared by our office regarding the classification of areas within, and adjacent to, the Quilcene Boat Basin. The documents include: . A brief explanation about health considerations of shellfish harvesting, marinas, and swimming; and . Our evaluation and report on the proposed shellfish closure zone. The Department of Health was prompted to classify the Quilcene Boat Basin area in response to a request for a nearby commercial harvest. Our assessment indicates that the area within the breakwater of the Quilcene Boat Basin should be closed year around and classified as Prohibited. A "Prohibited" classification means that shellfish cannot be harvested for sale or barter for human consumption. In addition, because of increased use of the boat basin during the wanner months, our assessment indicates we should classify areas immediately outside of the boat basin as Conditionally Approved. The Conditionally Approved zone could be open for shellfish harvest during the months of October through March, but would be closed during the months of May through September. This seasonal closure zone includes the shoreline area 200 yards to the north and 160 yards to the south of the entrance to the boat basin. A map of the Prohibited and Conditionally Approved Areas is enclosed with the report. These proposed classifications would not impact the public recreational shellfish beach, which lies north of the area the department proposes to classify as Conditionally Approved. They also do not @~18 o Quilcene Boat Basin December 8, 2000 Page Two impact the nearby swimming beach, or the existing Coast Seafoods Company shellfish operation immediately north of the boat basin, which only grows shellfish seed at that site. If you have questions about this classification, please contact Frank Meriwether at (360) 236-3321 or bye-mail at frank.meriwether@doh.wa.gov. Sincerely, ~~. Jennifer Tebaldi Office Director Enclosures STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF FOOD SAFETY & SHElLFISH PROGRAMS 7171 Cleanwater Ln., Bldg. 4 · PO Box 47824 · Olympia, Washington 98504-7824 (360) 236-3330 · TOO Relay Services 1-800-833-6388 A brief explanation about health considerations of shellfish harvesting, marinas, and swimming areas Molluscan shellfish (oysters, clams, and mussels) filter large quantities of water to obtain their food. Under optimal conditions, a single oyster may filter dozens of gallons of seawater each day. If the seawater contains disease-causing microorganisms, the shellfish may concentrate them to levels in their tissue that are 10 to 1000 times greater than found in the seawater. Since shellfish are often eaten without cooking or with cooking that is insufficient to kill microorganisms, consumers can be exposed to large numbers of microorganisms when they eat a shellfish meal. For example, eating a meal of raw oysters could, hypothetically, expose a person to the same number of disease- causing microorganisms that would require drinking more than one hundred gallons of the seawater that the shellfish are grown in. Because of this, the state's most stringent marine water quality standards are applied to shellfish growing waters. Shellfish growing water standards are much more stringent than those applied to natural bathing beaches. To illustrate, the shellfish fecal coliform bacteria standard is 14 organisms per 100 milliliters, but when the fecal coliform standard is applied to natural bathing beaches, the standard is typically 200 organisms per 100 milliliters. Despite the stringent standards applied to harvest areas, shellfish-borne illnesses sometimes occur in harvest areas that meet those standards. Since water samples are collected just six times per year in most areas, and not on Fridays, weekends or holidays, sampling alone often fails to expose intermittent pollution events. Marinas are considered a potential source of pollution where intermittent discharges of contaminants may occur. Closure zones around marinas are meant to provide some measure of protection against food-borne illness for people who consume shellfish. The establishment of closure zones around marinas is required by the Food and Drug Administration's National Shellfish Sanitation Program, and is consistent with other public health protective measures, such as establishing protective areas around drinking water sources. @ et;.t'~~.) 18 o STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF FOOD SAFETY & SHEllFISH PROGRAMS 71 it Cleanwater Ln., Bldg. 4 . PO Box 47824 · Olympia, Washington 98504-7824 (360) 236-3330 · TDD Relay Services 1-800-833-6388 December 7,2000 Ken Dressler, Quilcene Boat Haven 1731 Linger Longer Road Quilcene W A 98376 RECEIVED DEe 1 1 2000 J tfF. COUNTY HEALTH DEPT. RE: Shellfish Closure Zone Dear Mr. Dressler: 1. SYNOPSIS A zone closed to shellfish harvesting is required around all marinas near shellfish growing areas. The closure zone for the Quilcene Boat Basin recommended in this report includes the area within the boat basin itself throughout the year, and tidelands 160 yards south and almost 200 yards north of the basin from May through September. The closure zone is based on the potential for boat waste discharge and is required by the National Shellfish Sanitation Program as a protective measure. No existing recreational or commercial activities are impacted, including recreational shellfish harvesting, commercial shellfish activities, and swimming. 2. INTRODUCTION The Washington State Department of Health, Office of Food Safety and Shellfish Programs (DOH) establishes areas next to potential sources of pollution in which shellfish cannot be commercially harvested. These areas are called closure zones. Shellfish closure zones are required (by national standards and state law) around any marina or wastewater outfall near shellfish resources. The closure zones are based upon the potential for boat waste discharge, including bacterial contamination. Shoreline property owners and recreational harvesters are advised not harvest within closure zones. However, shellfish closure zones do not restrict the right of individuals to harvest shellfish from their own shoreline properties, for their personal use. DOH recently received a request for commercial certification of shellfish harvesting near the public beach area to the north of the marina. This letter summarizes the assessment of the <Il~18 o Ken Dressler, Quilcene Boat Haven Page Two December 6, 2000 marina conducted by the DOH staff,. As we discussed with you during our meeting at the boat haven on September 19th, 2000 this closure zone will not limit or impact public swimming near the basin. The Quilcene Boat Haven is well-protected by breakwaters, measuring approximately 60 yards by 100 yards, and has an average depth of about 11-12 feet next to the walkways (at MLL W), as measured by the DOH staff. A boat pumpout was installed in the basin in May of 1995. Shores ide toilet facilities are also available at the boat haven's Harbormaster Office. The office is located at 1731 Linger Longer Street, Quilcene (phone 360-765-3131). The Qui1cene Boat Haven has moorage slips for approximately 50 boats, and is at or near capacity during summer months. During site visits in winter months by the DOH staff, approximately 20 boats (not including open boats such as rowboats andjohnboats) have been moored in the basin. DOH samples water quality approximately six times a year near the mouth of the Quilcene Boat Haven. Water quality results at this station are within acceptable shellfish water quality standards. Samples are not collected on Fridays, Saturdays, Sundays or holidays. Shellfish closure zones for marinas address potential, occasional spills of waste that may not be detected from infrequent sampling events. 3. OFF-SEASON MONTHS: OCTOBER THROUGH APRIL Information provided by the Port of Port Townsend, as well as from the previous and the existing boat haven operators, should be taken into consideration for the Quilcene Boat Haven. During the "off' season (Octoberthrough April), boaters mooring their craft in the basin are reported to be known to the operator and other boat owners. Also, permanent shoreside facilities are convenient and close by, making the possibility of direct discharge within the marina fairly remote, especially given the presence of a boat pumpout. Limited activity with the larger boats moored iri the basin during the off season is largely from boat owners checking their lines, bilges and boats. Given these considerations, DOH assumes that the basin serves primarily as a storage basin for boats during these months. The appropriate closure zone for such a marina, as defined the National Shellfish Sanitation Program (NSSP), would be the entire boat basin within the breadwaters during the months of October through April. Ken Dressler, Quilcene Boat Haven Page Three December 6, 2000 4. HIGH-USE MONTHS: MAY THROUGH SEPTEMBER A higher level of activity and usage occurs at the boat basin during periods of time in the . traditional boating season from May through September. For example, commercial vessels (especially shrimpers) use and moor at the boat basin. However, the moorage space within the basin is limited and the total number of larger boats within the basin is often not much greater than during the off-season. Based on information supplied by the Port of Port Townsend for the Quilcene Boat Haven, an average (over the past several years) of20 boats of pollution concern have moored at the basin. This number again excludes small open craft that present no significant concern for direct waste discharges into this basin. These small open craft often occupy the remainder of the 50 slips within the basin. For purposes of estimating the extent of the appropriate closure area, DOH will assume that 20 boats represent the total boat moorage (for boats of pollution concem) during the high-use season. Possible discharge rates from these boats take into consideration the presence and use of the boat pumpout station and onshore facilities. The period of highest potential pollution concern at the boat basin occurs in the summertime due to increased boat activity. An average summertime water temperature of 17 degrees (C) is used by DOH in modeling the closure zone, based on our own sampling results during these months. 5. OTHER CONSIDERATIONS The Quilcene Boat Haven is located in Quilcene Bay close to the "dropoff' of the bay floor, which changes from a depth of about 4 feet to about 40 feet (at MLL W) over a distance of 200 yards. Information on current velocities in the vicinity of the Quilcene Boat Haven is not available. However, based on protection afforded on three sides of the bay, and the nearby depositional area, typical current speeds are expected to be moderate during most times. Therefore, a moderate current speed of 5 cm/second (approximately 2 inches per second) is assumed near the boat basin for modeling purposes. To estimate the closure area based on the requirements in the NSSP Manual, a computer program is used in calculating the appropriate shellfish closure zone. This dilution model incorporates the specific NSSP criteria required for all states in the nation that produce Ken Dressler, Quilcene Boat Haven Page Four December 6, 2000 shellfish. This model also accounts for fecal coliform dieoff and water temperatures within the marina itself as well as after release outside of the marina's entrance. These factors , reduce the size of the resulting shellfish closure zone. Further specific information on this computer model was sent to you on September 1 st. 6. CLOSURE ZONE RESULTS The results of the dilution model indicate that approximately 30% of any fecal coliforms in the boat basin will die off and not leave the basin. The model further indicates that the closure area extends approximately 160 yards to the south and almost 200 yards to the north. The differences in closure zone boundaries north and south ofthe boat basin are due to differences in depths of bay waters (deeper water is located to the south of the basin). 7. RECOMMENDATIONS The "high-use" boat basin months tend to coincide with the period of highest recreational activity. Most shellfish harvesting tends to occur during the May - September period. A popular recreational shellfish harvest beach (located at the Quilcene Harbor Yacht Club sign) belongs to the Port of Port Townsend and is located to the north of the Quilcene boat basin. According to measurements taken by the DOH, and taking the pathway of water currents into account (as opposed to a straight line between two points), the DOH recommends that the south border of this recreational beach be designated as the northern boundary of the Quilcene Boat Haven closure zone. In other words, this recreational shellfish harvest beach is not within the shellfish closure zone, and the beach would remain open to recreational harvesting year-round. The recommended boundary corresponds to the northern property line of Tax Parcel 7 on the attached map (the O.4-acre parcel). As we discussed at our meeting in Quilcene, this closure zone does not impact the public recreational beach north of the boat haven. The beach recently requested for commercial certification by Mr. Jim Kelly is located immediately north of the public beach. Therefore this beach is not located in the closure zone for the Quilcene Boat Haven. However, the southeastern corner of Coast Seafoods Company "Bed B" is located in the closure zone. This area of Bed B is presently used for seed production. Ken Dressler, Quilcene Boat Haven Page Five December 6, 2000 Movement and management of hatchery-produced seed are not restricted within shellfish closure zones, either under existing or proposed regulations. Therefore the shellfish closure zone for the Quilcene Boat Basin will have no known impact on the Coast Seafoods operations. The southern closure line, as determined during the high-use boating season, is located in the middle of Tax Parcel 702254012 (see attached map). The inactive Canterbury Oyster Farm is located immediately south of the Quilcene Boat Haven, within the closure zone during the months of May through September. The area within the boat basin's breakwaters remains closed to shellfish harvesting or storage throughout the year. Sincerely, Frank Meriwether, Environmental Engineer Attachment \ 'O~~~. ~ ~',' ~ :',~~' '( ~ ..., . 'Ji'Z%',' .~ ct. ~-.. . '.' .~ ': ',. l- ~&" " ,", '::,' ';' :.-.-: ',200_-r I I I _-1--- -- .:~~ MARIN A: - I EEK I' YEAR -' - " -1- r - " J . ' , :' ROUND -/ II CLOSURE I I, I, II II I, : , I I II I' I I , I I I I , I J I I I I I I /, / / , RECREATIONAL BEACH I (1.0 a./1.04chl.l G (1.0 a./1.05 chs.) ----------.--- ~ (l.0 0./1.07 chs.l f( 4.0 ../4.4~ chs.) COAST BED B 4.3 a. 702254008 Tx 3 9.06 Q- , .' , .' H (6.89 chs.) '.- .. , . -:.. --=- ..' - -. . J .. (1.50 ch'.1. . ..::/. - - ~ ~~;Ch'.l -'~-'7- - - ,- -- .... . . , ' . I , QU/LCENE BAY Jefferson County Health and Human Services NOVEMBER ~ DECEMBER 2000 NEWS ARTICLES These issues and more are brought to you every month as a collection of news stories regarding Jefferson County Health and Human Services and its program for the public: I. "It's a 'business' type of decision: neglect your septic system at own risk" (2 pages)- P.T. LEADER, November 15,2000. 2. "Public flu clinics set" - P.T. LEADER, November 22,2000. 3. "Quilcene-Snow Creek grant given" - P.T. LEADER, November 22,2000. 4. "Health scare a hoax"(2 pages) - P.T. LEADER, November 29,2000. 5. "Flu Shot clinics slated"- P.T. LEADER, December 6,2000. 6. "Cafe owner decries false health scare"- Peninsula Daily News, December 7,2000. 7. "Coalition studies child safety"- Peninsula Daily News, December 13,2000 8. "Public flu clinics continue in county"- P.T. LEADER, December 13,2000 9. "State health department likes hospital's corrective plan" - P.T. LEADER, December 13, 2000. 10. "County rolls back fees for 1-722" - P.T. LEADER, December 13,2000. It's a 'business' type of decision: neglect your septic system at own risk By Shelly Testerman Leader Staff Writer Some Jefferson County residents may not know where their septic system is lo- cated on their property: some may not even realize they are operating a mini sew- age treatment plant in their own backyard. Some systems may have been ignon=d for decades follo"img therr mstallanon, but 20 to 30 years from now. every septic sys- tem in Jefferson County will be on a regu- lar third-party mspectJon schedule. This change from the status quo, in which conventional systems are only inspected upon permitting and installa- tion. is mandated by the county's revised onsite sewage code. It was adopted Sept. 21 by the Jefferson County Board of Health and states that additions to the inspection schedule will be triggered by installation. repair or alteration of an onsite sewage system; the sale of the property; or an application for a build- ing permit on the site. "We want to protect people's invest- ments," said Linda Atkins. an environ- mental health specialist with Jefferson COUnty Health and Human Services. With the county's finicky soils. it can cost thousands of dollars to design. en- gineer and install a system to properly treat and dispose of wastewater. Countywide, there are more than 7,000 septic systems, which are formally termed "onsite sewage systems." They are installed on all residential and com- mercial properties that are not connected to municipal sewage ~atment plants, which in Jefferson County serve Port Townsend, parts of Port Ludlow and the U.S. Navy system on Indian Island. The newly adopted ongoing inspec- tion program is expected to be fully fee- supported. and the increase to the homeowner or business owner will be slight: $50-$100 for a third-party inspec- tion every six months to six years. de- pending on lot size and location and the complexity of the system. The service provided will be valuable to the home- owner, said Atkins. but the protection At the final Installation Inspection for an "alternative" onslte sewage system at a new homesite on Hidden Trails Road, county health department specl8l1st Linda Atkins lifts the lid on one of two "risers" connected to the septic tank. The third (In foreground) leads to the system's pump chamber. Photos by Shelly Testerman gained for public health will be even more valuable to the health department and the community as a whole. System types Atkins stresses that the county will be monitoring systems, not maintaining them. That responsibility rests with the system's owner. But the benefit of hav- ing one's system on an inspection sched- ule is that if an operation problem is identified at the time of inspection, the owner will be notified and the system shall be reinspected wi thin six months, This greatly reduces the risk of costly system failure. There are more than 20 different kinds of onsite sewage systems that Atkins has seen in her career as an in- spector. The majority of the septic sys- tems installed in Jefferson County are "conventional" systems. These consist of a septic tank and drainfield, usually 12-36 inches deep, into which effluent is gravity-fed. Because of their relative simplicity, these systems will only need to be inspected every three years. or ev- ery six years if located on a site larger than one acre I see chart). Forty percent of the systems permit- ted by the county in the last 10 years have been "alternative" systems, but Atkins estimates that fewer than 1,000 of the total 7.000 systems in the county are "alternative" systems. These are in- stalled where soils are poor and have the capacity to achieve a greater degree of effluent treatment than conventional sys- tems. They generally fallmtoone of four categories: pressurized drainfield, mounds, sand filters and patented de- vices. These more complex systems must be designed by a licensed engineer and be inspected as often as every six months (see chart). "Fitting the appropriate technology to the site is key," notes Atkins. The health department works in concert with Third Party Operations/Monitoring Inspection Schedule For Onsite Sewage Systems -- _.. Type of Site size equal to Site size greater Waiver required Site on shoreline & I Commercial with system or less than 1 acre than 1 acre andlor approved system <200' to shoreline high strength waste Conventional Evety 3 years and Every 6 years and i Every 3 years and Every 3 years by monitoring Annually or as at lime of sale' at time of sale' at time of sale' entity if annual submilted by specified in sewage owner and at time of sale' disposal permij Alternative At 6 months, at one At 6 months. at one At 6 months, at one At 6 months. at one Annually or as systems year and annually year and then every year and annually year and annually specified in sewage thereafter and at 3 years and at thereafter and at thereafter and at disposai permij time of sale' time of sale' ! time of sale' time of sale' 'lime of sale inspection is required if inspections have not been kept current per this schedule or if the site has not been inspected and is not yet enrolled in the inspection schedule. .~~ ;.. cS~,. designers. who do the site analysi the soIls and dccide what type 0 tern is best suited to the site. That sion is then verified by the cc through inspections at the tin pennining and installation. Risk-based approach- OngoIng inspections for the pI of operatIng and maintaining altec systems have been in place since but prior to that year, final instal inspections were spotty at best Atkins. and no ongoing inspection' required of any systems. Monitonng was required for al tive systems under state code in thl 1980s, but according to Atkins. counties didn't comply right Jefferson County did so in 1987. mg a monitoring schedule in partn with the Public Utility District. In the state required that all systems riodically monitored: to that Jefferson County undertook a re to its onsite sewage code. The pun now does all the CI ued monitoring of alternative sy~ and Atkins says the organiza- workload will increase to some. with the new mandate. But any lie engineer or designer can comple initial inspection, and the health d ment expects to certify other com; and individuals to do the inrtlO ongoing inspections. Jefferson County started monito- new alternative septic systems al- years before other counties did Atkins. "We started ahead of the with a lot more infonnation t},ar counties have - which is why we f.: fident in gomg to a risk-based ,lPI rather than a more prescriptive appr The premise is common-sen: you are on a small waterfront lot highly mechanized system, you a ing to need more frequent inspe than if you are on a 10-acre lot gravity-fed system and good explained Atkins. The decision to vary inspectic quency according to the sensiti\ the site and the complexity of tt tem was a decision made after Sll a 12-member advisory board cdn of Realtors. engineers, develope others involved in the developme installation of onsite sewage s)"sr. passed State Environmental Polio (SEPA) review last spring. Some counties require an onsit age system operational permit tha be renewed every year, like veh: cense tabs. Jefferson County decic to go that route, said Atkins. So' risdictions require annual inspectl' all systems. "We felt that was \Ii excessive." she said. The board d, that a conventional system lOCate site larger than one acre would oni ;0 be examined every six years. See SEPl1C, Pag LfiA:fJ&f'L 11- (5 -00' "-' I Septic: .,. :~t) Continued from Page C 1 Onsite sewage systems thai, serve commercial sites are re-l ' quired to be inspected everyyear~.; because they have the potential, ' to receive high-strength wastes or >, ,: variable wastes, says Atkins. " . And the reason for inspecting alternative systems at least once, a year is that they contain ele~::': ~,~ trical components and are in.:' ~* stalled in poorer soil con?itio~~~,~ which can be problematJc. "It,,~. .,;,) critical to get these systems,o.~ '~ to a good start," said Atkins. ~ ~ most common error is that';':," homeowners simply forget lOi ) turn them on after they move ~t,g; .~ the house. It's an expensive mis::i'~~ take, because if the elec~~c~j: pumps are not operating,tJ;1c:;,,1 drainfield can fail, said Aik1n,<'I adding that the health department' ;, has seen at least a dozen of these ~.;: "mistakes" in the last five yearS~' }" The county's revised code~' clarifies that a rebuild or ma' . '" remodel or expansion of a ~, ., ing requires a review of the eXist:::'. , ing onsite sewage system, whictf' ,'~ could lead to the need to upgnilre, ~~ or replace the old system. . '.' .;~~ Atkins allows that this iscme' '. .' -J?:- 'f of the most contentious topi~m the new code, but she exp . .' ... that some older homesm:'" . county have, systems that ~ not be permitted today. some' on cesspools, which are b~~ holding pits in the ground.t~ just hope it [the effluenth\' away," said Atkins. And 5;"" coastal areas, it's not un ' to find direct discharget9.~~"' nearby water body, she added. ;e, ...-:,-~~ ~. Awareness Even with more modern in- stallations, homeowners are of- ten not informed as to the limitations and hazards associ- ated with onsite sewage systems. They need to know not to flush items such as coffee grounds or cat litter, and that toxic or caus- tic chemicals, like paint, should not be introduced. "It's a living system, and you don't want t~ do things to kill it," warned Atkins. To that end, the health depart- ment recently started sending the owners of ne\y s~tif syste~ c::.op- ies of tli.~ ~-bui1t draWIngs, a bro- chure detailing care of the system and a timeline for maintenance. The health department has recently received an $80,600 grant from the state department of ecology that will fund the 18- month effort to jump-start the ongoing inspection program. The county will use the grant money to develop a data system for tracking and scheduling inspec- tions, as well as an expanded outreach program educating people about the requirements and how to deal with them. In the short run, implementing the inspection program will take time and energy, said environmen- tal health director Larry Fay, but once it is in place, "the program should take care of itself." Data from ongoing operations and monitoring inspections will be entered into a county data- base, which will be accessible to the assessor's office, Realtors and the public. The health department was involved in a workshop earlier this month to impart septic sys- tem information to real estate agents and is happy to schedule a talk or workshop for any civic or neighborhood group: For more information call 385-9444. .-..... ~;-r C~ADEJL 11- 22- -tJeJ v.. Public flu clinics set Jefferson County Health and Human Services influenza vaccination clinics have been postponed this year due to delayed shipments of vaccine. The manufacturer now has re- leased a shipment schedule, reports public health nurse Jane Kurata, and if shipments are received as expected, three clinics will take place the week after Thanksgiving: . Monday, Nov. 27, 9:30 a.m.- 12:30 p.m., Tri-Area Community Center. . Tuesday. Nov. 28, 10:30 a.m.- 12:30 p.m., Gardiner Commu- nity Center. . Friday, Dec. 1, 9:30 a.m.- 12:30 p.m., Jefferson County Health Department. "We expect vaccine to arrive in partial shipments, and later clinics will be an- nounced as more vaccine is received," said Kurata. "At the first clinics we hope to im- munize high-risk individuals who have not yet been vacci- nated. People who are not high risk but wish to protect themselves from influenza are asked to wait until later.in December to be immunized," she added. Those at high risk if they con- tract influenza include: . persons age 65 and older. . residents of nursing homes. . adults and children, in- cluding pregnant women, who have chronic heart, lung or kidney disease. diabetes or other serious chronic health problems, including asthma. . persons who are less able to fight infection because of HIV infection, other immune system disorders, long-term treatment with steroids or cancer treatment. . children and teenagers on long-term treatment with aspi- rin, who, if they catch influ- enza, could develop Reye's syndrome. . women who will be in the second or third trimester of pregnancy during the flu sea- son (beyond three and one-half months pregnant). Dates and times of Decem- ber clinics will be announced in the Leader, or call Jefferson County Health and Human Services at 385-9429. Representatives of the local WRIA 17 Planning Unit accept a check for $122,500 from the Washington State Department of Ecology on Nov. 14. Half of the money is available now; half will be in July 2001. Pictured are (from left) Andy Brastad of Clallam County, Larry Fay of Jefferson County, Bill Graham of Jefferson County Public Utility District 1, Sue Mauermann of the department of ecology, Bob LaCroix of the City of Port Townsend, Jim Park of the Skokomish Tribe, Linda Newberry of the Jamestown S'Klallam Tribe, Doug Soehl of Trout Unlimited and Ted Labbe of the Port Gamble S'Klallam Tribe. Photo by Shelly Testerman Quilcene-Snow Creek grant given Fish in the Quilcene-Snow Creek water- shed should benefit from the protection of water supplies made possible by a state grant awarded to the Watershed Resource Inven- tory Area (WRIA) 17 Planning Group. A check for S 122,500 was presented Tuesday, !\ov, 14 by the Washington State Department of Ecology during a workshop at Fort \\'urden State Park. "Local plarming efforts are the only way we're going to succeed in salmon recovery, because the people have to support the ef- fort," said Rep. Jim Buck (R-Joyce), whose district includes the watershed. Jefferson County is leading the broad- based, local planning effort, which also in- cludes Clallam County, Port Townsend, nearby tribes, local ports and utilities, and representatives of business, agriculture and the environment. DOE earlier awarded $242,000 to the county for phases one and two of its water- shed planning. Phase one involved organiz- ing the planning unit; phase two involves collecting information about the water re- sources within the watershed and is sched- uled to be complete by June 2002. With funding now secure, the final phase is to produce a plan that identifies problems facing the watershed, proposes solutions and processes to resolve water issues, and iden- tifies potential funding. It is hoped to be adopted by Jefferson and Clallam counties by June 2002. The plan will cover water qual- ity, water availability, stream flows and valu- able fish habitat. "The purpose of the money is to keep the tish from going extinct," said Joe Breskin, an alternate at Tuesday's workshop. The water- shed planning process doesn't have "the teeth" to affect any existing water rights, he said, See GRANT, Page B 3 ....... =: e ~ ::- - -' >. ~ ::> ~ 0.0 0 .r- - - ~ ~ .~ ~ 5 2 ] Y') .::- ,0 ~ ~ -g ~ "'8 ~ ~ ,- , /: - ~ ,-...::; ~,~ ~ ;g t i j ! 1 i ~ i j ! ~ ~ ~ 1 r i ~ ~ ~ ~ [~~ ] [ g i ~ ~ ~ ~ ~ i ~ ~ ! 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Photo by Janet HUCI Health scare a hoax Loggers' Landing food service suffers By Janet Huck Leader Staff Writer A fictional e-mail whipped through Quilcene and Bnnnon late last month, claiming a local restaurant owner had tested positive for hepatitis A and could "quite eas- ily" pass the debilitating disease along to his customers. Within days the business at Quilcene's Loggers' Landing restaurant dropped. "But lhe e-mal/; Jr~ totallY raise," declared Lisa ~fcKenzie. the communicable disease coordinator for Jefferson County Department of Health, who sent e-mails refuting the claims. "It's a hoax." Even though it was a hoax, Jack Helgen, Loggers' Landing owner and cook, faces an economic crisis weeks before Christmas, His business has dropped by more than J half. Some days it has been only a quaner of what it used to be, HeIgen said Monday. Breakfast service is now only a few coffee drinkers instead of workers and fami. lies eating full breakfasts. As a result. Helgen has cut employee hours, "There Jre 12 employees besides Jack who count on the paychecks," said ThaIs Svetich. who works at Log- gers' Landing, "When business drops off. it doesn't help U~. And Helgen isn't sure he'lI ever recover 100 percent, "There will always be a kernel of doubt in people's minds," he said sadly. He didn't know who could have sent the e-mails, "~Iaybe they're vindiCtive; maybe they want me to go out of business, I can't think of a good reason, It's enough to give a guy a headache," he said grabbing his head. Yet he vowed to stay open, ''I'm stubborn, and I won't gl\e up just because someone doesn't like me." Some loyal customers are determined to help, "It's a cruel tnck to play on this restaurant owner, and it's hun his business." said Mertes Peterson, a Brinnon resident. "After we found out it was a hoax. some of us went there the Jay after Thanksgiving and had lunch to show support," The health concern about He!gen was seeded in fllId.:-';o\ ember. The first e-mail was sent to 29 people "I'm stubborn, and !l,von' t give up just because someone doesn't like me." Jack Helgen Loggers' Landing owner :--Iov. 17 from someone only idenllfymg hersell' a, "Mary Jane." "I work for the Jefferson Coumy Health Depanmcnl and live in Quilcene," read the tictitious e.mail. "rw beeu carrying a heavy load lately. [ ask myself constantly Jo I tell or don', I. But there is, in Qui1cene, someone who ha, tested positIve for hepatitis A and is in the position of pa". ing that along quite easily."It urged anyone who had eat~n at Loggers' Landing in the last three weeks to be t~steJ, "Your health does depend on it," said the false e-maiI.Th~ message recommended people contact their health depart- t1}ent for a vaccine that could prevent the disease. The health department received five or SIX phone calls, including one from Helgen. asking whether 11 had se'lIlh~ e-mails, The department responded immediatel" Hours Iat~r un :-';ov, 17, Jean Baldwin, community health dir,,<:tor. ,ent " message that there was no health department employee b) the name Mary Jane. The phantom e-mailer struck again. On :-.iov, 20 th~ sallie false message was sent from "Barb Health." So the next day, Nov. 21, the health department S~llt a stronger e.mail to the people who receiwd the tirst two messages, McKenzie explained her department routinel) investigates all cases of hepatllis A anJ identities all)'llne who may have be"n e.xposed, "Whenever there is a case of hepallt" A related to a restaurant," wrote McKenzie, "an tmmediate full.sc:lle ill' vestigatlon is initiated. This type of ll1V~Stlgallon would not be carried out in secret." See HOAX. Page A 12 Hoax: Business open Continued from Page A 1 McKenzie explained there was no reason for Helgen to be tested because there had been no complaints from customers. In addition she said Helgen would have been sick if he really had the disease. In adults, hepatitis A f '[: LGA: cHZ f( - ~ a; - &-0 causes extreme fatigue, loss of appetite, nausea, diarrhea and vomiting, eventually culminating in jaundice, which turns a person's skin and eyes yellow. The symp- toms appear within six weeks. ' Helgen doesn't appear to have any of these symptoms. "I did not test positive for hepatitis A at my last test," said Helgen, who is willing to be re-tested. Hepatitis A, explained McKenzie, is spread through water and food. It can only in- fect someone through their mouth. It's generally spread by . an infected person who goes to the bathroom, doesn't use excel- lent hand washing and then handles food. "And you need ex- cellent hand washing to keep it from being passed on," said McKenzie. McKenzie has forwarded the case to the Jefferson County prosecutor and hopes the county might be able to trace the e-mails. The sheriff's department.is investigating the case, said Sgt. Rick Smith. Some Qui1cene residents may still be misled by the false re- ports. A loyal customer said he was going to Loggers' Landing when a friend warned him to stay away. The customer informed his friend it wasn't true. The regulars have continued to eat there. Michael Stuber was there last Monday for lunch, "They're just rumors," he shrugged. "In a small town, ru- mors always fly around all the time. It didn't bother me." 1,;)- &:. . c'JO Port Townsend & Jefferson County Lea Flu shot clinics slated . children and teenagers on long-term treatment with as- pirin, who, if they catch influ- enza, could develop Reye's syndrome. . women who will be in the second or third trimester of pregnancy during the flu sea- son (beyond three and, o,Ile- half months pregnant). Dates and times of later clinics will be announced in the Leader, or call Jefferson County Health and Human Services at 385-9429. Jefferson County Health and Human Services is now receiving partial shipments of infl uenza vaccine, reports public health nurse Jane Kurata. If shipments continue to arrive as expected, the fol- lowing clinics will be staged in early December: . Wednesday, Dec. 6; Qui1cene Community Center, 10:30 a.m.-12:30 p.m. and I :30-3 p.m. . Monday, Dec. ll: Brinnon Booster Club, 10:30 a.m.- 12:30 p.m. and 1 :30-3 p.m. . Friday, Dec. 15: Jefferson County Health . Department, 9:30 a.m.-12:30 p.m. "Later clinics will be an- nounced as more vaccine is re- ceived," said Kurata, "At the first clinics we hope to inunu- nize high-risk individuals who have not yet been vaccinated. People who are not high risk but wish to protect themselves from influenza are asked to wait until later in December to be immunized," she added. Those at high risk if they contract influenza include: . persons age 65 and older. . residents of nursing homes. . adults and children, in- cluding pregnant women, who have chronic heart, lung or kidney disease, diabetes or other serious chronic health problems, including asthma. . persons who are less able to fight infection because of HIV infection, other inunune system disorders, long-tenn treatment with steroids or cancer tre,atment. Cafe owner decries false health scare By PHILIP L. WATNESS PENINSULA DAlLY NEWS QUILCENE - Jack Hel- gen doesn't know why some- one would want to scare cus- tomers away from his restau- rant, Logger's Landing, with a false rumor that he has Hepatitis A. Not only does Helgen not have Hepatitis A, no restau- rant worker in East Jefferson County has had the virus in the past decade, according to Lisa McKenzie of the Jefferson County Health Department. Someone sent several e- mails on Nov. 17 and 20 stat- ing that Helgen had tested positive for Hepatitis A. The writer purported to be a health department employee who lives in Quilcene. The first e-mail suggested the health department was hiding the supposed test frorn the public. McKenzie, the county's communicable disease coordi- nator, disputed the rumor. Had a food service worker contracted Hepatitis A, the Health Department would use the local rnedia to notify the public, she said. TURN TO IIEALTH / A2 Health: False e-mail' CONTINUED FROM Al The department would also track restaurant patrons through credit card and check receipts. "We never ever would have used e-mail for letting people know about that," she said, However, the department did e-mail notices out that the Hepatitis A rumor was false. Rumor persists While the department responded quickly, the rumor con- tinued to be passed throughout Quilcene and Brinnon, and some- one even posted printed copies of the e-mail throughout Quilcene, The result was a dramatic drop in business at Loggers Landing, Helgen said he has cut back hours for his 12 employees in an attempt to keep them working despite the damage to ,his busi- ness, He said he saw business plummet from an average 40 cus- tomers per day to just five. Helgen hasn't figured out the value of lost business, but is thankful customers are returning to the restaurant he has owned for the past four years. "I'm still fighting it," he said, "In a small town, there's rumors galore. There ain't too much I can do about it," Helgen said he contacted the Sheriffs Office to look into the matter, but no deputy has con- tacted him. He believes the county would want to find the responsible party because "1 think the Health Department's reputation has been hurt quite a bit there," Financial losses Helgen doesn't know what else' he can do if he can't determine the source of the false e-mails. He I has contacted an attorney but has' little hope of recovering his finan- cial losses. "The power of the pen is mightier than the sword, I hear,: and very much quicker," he said. "I just hope they track down who- ever did it, and I don't like to have' to say it, but I hope there will be' some jail time. " Hepatitis A is a virus that assaults the liver and can be food- or water-borne. Restaurant employees who have Hepatitis A can accidentally contaminate food, with the virus by not thoroughlyj washing their hands after using the bathroom. , Symptoms appear two to six' weeks after being infected and' include fever, fatigue and loss of appetite. Victims also experience, nausea and jaundjce, or a yellow-" ing of the whites of the eyes and of the skin, The virus has not been a prob- " lem for health officials, McKenzie said. I "Hepatitis A here in JelTerson" County is very uncommon," McKenzie said, "The cases are~ pretty sporadic and we haven't had any related to food service in years. " PDJ I "J -1-00 Coalition studies child' safety Groups try to stem high rate of injuries to Peninsula youths By GARY L. JONES PENINSULA DAILY NEWS Law enforcement, health and education officials in CIa1lam and Jefferson counties are coordinat. mg efforts to make life on the North Olympic Peninsula safer for young children. "Olympic Medical Center is pleased to be the coordinating agency for the establishment of Safe Kids Coalition in Clallam and Jefferson counties," Rhonda LoPresti, the hospital district's director of public relations and marketing, said. "The coordination of efforts we have seen thus far will be immensely helpful in focusing on local education and prevention activities," she said. The coalition will meet on the second Thursday of each month to discuss how to enhance the safety of children ages 14 and younger. According to data provided by LoPresti, almost 20 percent of the population in each county falls within the age category. Counties share greater risk Statistics show children living in rural areas, such as Clallam and Jefferson counties, are at greater risk of unintentional injury or death than those living in urban areas. Motor vehicle collisions, drown- ings, firearm-related accidents, residential fires and agricultural work.related mishaps were identi- fied as unintentional incidents leacling to injury or death. Motor vehicle-related incidents were the leading cause of fatal injuries for children 14 and under in Clallam and Jefferson counties. as well as the state, between 1989 and 1998, statistics show. Drowning was the second lead- ing cause of death in the state and third in Clallam County. In 1998 alone, 4.5 percent of all deaths in the state were attrib- uted to unintentional injuries. But the figures were higher in Clallam - 4.6 percent - and Jef- ferson - 6.4 percent - counties. TURN TO SAFETY 1A2 -----_.~--_. Safety: Meeting Thursday CONTINUED FROM Al The data also showed that non- fatal injuries requiring hospital. ization were highest among chil- dren ages 10 to 14 in both coun- ties between 1994-98. Children ages one to four had the next highest percentage of non-fatal hospitalizations. Safe Kids will work to provide such preventive measures as bicy- cle safety helmets, car seat checks, fire education and water safety courses, LoPresti said. The formation of the coalition began in October 1998 when a group of individuals from local fire districts, law enforcement agencies and businesses created the Trauma Prevention Team, Later known as the Peninsula Injury Prevention Team, the group established a goal of pro- vidingjnju~ ill~eption tz:~ning ," and iriformauoTn it' ~e two- countv area. Th'e team addressed safety issues for all age groups related to '(:>{j J (2-' ?J -tJo fire, traffic, water, firearms and children, "Risk-Watch" in schools and "Tread to Safety" for senior citizens. When it became evident sev- eral organizations were duplica~- ing efforts, the need for a COalI- tion was realized. Washington State Patrol Trooper Dave Sue, who was chair- man of the Peninsula Injury Pre- vention Team, initiated efforts to create the Safe Kids Coalition. According to LoPresti, the Safe Kids Coalition has now grown to more than 80 representatives of fire and law enforcement, health and education agencies, civic organizations and individuals. "We are putting together a master calendar of injury preven- tion activities already planned and we will look, as a coalition, at ways to address un-met needs," LoPresti said. Periinsula Safe Kids Coalition has gained the support of the Department of Health in Olympia and is now recognized as a part of the National Safe Kids campaign, "One benefit of becoming a nationally endorsed coalition will include the ability to soli'cit funds from national corporate spon- sors," LoPresti said, "This money will directly benefit the childreh in Clallam and Jefferson coun. ties." , The monthly meetings will be at 10 a.m. in Linkletter Hall at Olympic Memorial Hospital, 939 Caroline St., Port Angeles. The coalition's next meeting is Thur$- d~ . "By becoming organized, this coalition will enhance the services provided, eliminate duplication ~f services and allow for a greater knowledge base of individuals arul agencies to work together for injury prevention," LoPresti said. LoPresti will attend the National Safe Kids Conference in Washington, D.C., on Jan. 27, to learn more about the organiza- tion and provide additional infor- mation to the Peninsula group. Public flu clinics continue in county Jefferson County Health and Human Services has now received the majority of its influenza vac- cine. If shipments continue to ar- rive as expected, the following clinics will be staged in Decem- ber: · Friday, Dec. 15: Jefferson County H~alth Department, 9:30 a.m.-12:30 p,m, . Monday, Dec. 18: Tri-Area Community Center in Chimacum, 9:30 a.m.-12:30 p.m. and 1 :30-3 p.m. . Tuesday, Dec. 19: Jefferson County Health Department, 9:30 a.m.-12:30 p.m. Vaccine is available to immu- nize people at high risk if they contract influenza and anyone who wishes to decrease his or her chance of catching influenza. Those wanting. pneumonia vac- cine are asked to check ~theif records for the dates'Ofany previ~ ous pneumonia immunizations. Those at high risk if they con- tract influenza include: . persons age 65 and older. · residents of nursing homes. · adults and children, including pregnant women, who have chronic heart, lung or kidney disease, diabetes or other serious chronic health problems, including asthma. · persons who are less able to fight infection because of HIV infection, other immune system disorders, long-term treatment with steroids or cancer treat- ment. . children and teenagers on long-term treatment with aspirin, who, if they catch influenza, could develop Reye's syndrome. . women who will be in the second or third trimester of pregnancy quring the flu season (beyond three and one-half . months pregnant). Dates and times of later clinics will be announced in the Leade1; or call Jefferson County Health and Human Services at 385-9429. '-.. .1.. ,- I," I J... -/3 - .0-0 Pro LEftO~ A 2 . Wednesday, December 13, 2000 State health department likes hospital's corrective plan ;-';early four months after the Washington Department of Health filed charges against Jefferson General Hospital. the two entities signed an agree- ment to correct the deficiencies and violations. "Jefferson General has moved aggressively to address the most immediate concerns of the department, such as kitchen sanitation,' said Gary Bennett, director of the health department's facilities and ser- vices licensing program, "We have been pleased with the ag- gressive and focused response of the hospital administration and feel confident that the fa- cility is providing, safe, effec- . tive care that meets the state's standards." The health department charged the hospital on Aug. 2 with failing to formulate a hos- pital-wide quality improve- ment process as required by law, prepare food in sanitary conditions, and maintain ad- equate record-keeping proce- dures. Hospital officials, however, moved quickly last summer to correct these violations that the "There is a general overhaul in the way we manage the hospital." Chuck Russell hospital commission chairman state health department said could put patients at risk in the long run. They contracted with the Jefferson County Depart- ment of Health and Human Services to help improve the cleanliness of the kitchen, cre- ate a log format to record tem- peratures on foods and formulate a staff training pro- gram. And they hired a private consultant, Mari Van Court, to help them create an integrated quality control system. With her help, they formed a perfor- mance improvement council and wrote benchmarks to mea- sure their performance. The contract was finally signed Nov. 20. Dirksen said the contract ap- proval took this long to nego- tiate because hospital lawyers insisted on particular language to protect the hospital in case of a future dispute with the state. "It took time to go back and forth between our lawyers and DOH officials," explained Dirksen. Dirksen actual!: signed the agreement in mid. October, but it wasn't released until Nov. 20. "There was never a dispute on how we wanted [0 correct the deficiencies," said Dirksen, "Still, it's nice to have the agreement finally out of the way." The corrective plan has yielded some bonuses. The hospital officials also hired Van Court as a system con- sultant to provide ideas on im- proving operations. That consultant provides reports to the state. "It sounded like hype at first, but it is working," said Jill Buhler, hospital district com- missioner. "We are making sure problems are being sohed expeditiously." "There is a general overhaul in the way we manage the has. pital," said Chuck Russell. commission chairman. "We have expanded our thinking along with expanding the building." County rolls back fees for 1-722 By Shelly Testerman leader Staff Writer Effect i ve Dec. 7, all fees charged by Jefferson County government departments reverted to those that were approved prior to a date set by Initiative 722. The voter-approved state- wide initiative made null and void all fee increases adopted between July 2, 1999, and Dee, 31. 1999. County departments were notified last Tuesday to roll back their fees to pre-July 2. 1999, levels until further notice, That mean~ an application to community development for home business zoning that used to cost S225 now costs $109. For community health, that means a family planning visit now costs $10 less than it did last week. "We're not changing the ser- vices, we're just going to be charging less," said public health director Jean Baldwin. "What it is creating is a bit of a mess" - and a hassle, she added. She expects it will take her department one week to examine and adjust all its fees. Al Scalf, community devel- opment director, said the tran- sition in his department to the old fee schedule has been smooth and that building fees, which account for the majority of the department's revenue, have only decreased by a few dollars, For services financed by fees that were adopted since Dec. 31,1999, the county's le- gal counsel is recommending that departments either shut down the service or not charge a fee. Donations may be requested. The household hazardous waste program and the new pet crematorium at the animal shelter are two examples of ser- vices so funded. "If we can't charge a fee, I can't run the crematorium," ex- plained Larry Fay, director of environmental health. He con- siders this unfortunate, because pet cremation is an optional service offered by the county at competitive rates. Fay also said the three-year septic permit developed by his office this year is less expensive than the one-year pennit with two renewals offered in 1999, and he is struggling to deal with the implications of that. County Administrator Charles Saddler said the deci- sion to roll back fees made sense "from a business stand- point." Even though 1-722 is being challenged in the courts as unconstitutional, its provi- sions went into effect lasl Thursday. Saddler said the county l~ waiting to see if property lax limitations and refunds will be required, but explained that due to a "quirk" in the initiative. the rolled-back fees can be re- adjusted anytime with a simple re-adoption of a fee schedule, The board plans to do th~1t in January, he said, and does not anticipate much higher fees than were in place last week. J (l-{3 -0--0 p-l. Lt3A:'D 6~ Kellie Ragan From: LaFond, Lisa [Lisa.LaFond@DOH.WA.GOV] Sent: Thursday, December 21, 200012:07 PM To: Amy Ward; Angie Jones; Ann Riley; Annie Goodwin; Archibald, Joell; Barbara Smithson; Bartlett, Sherri; Byrne, Andy; Carol Wetherill; Carolina Padilla; Carrie Gurgel; Celeste Kuntz; Cheryl Combest; Corey Wakely; Dana Buchmann; Deanne Thompson; Diana Johnson; Donohue, Carmel; Earlyse Swift; Edith Thomsen; Greg Hewett; Grigg, Peggy; Helen Glad-Spector; Jackie Klossner; Janet Charles; Joe Fuller; Jonnae Tillman; Julie Bruggenthies; Julie Claasen; Julie O'Neal; Kalkwarf, Vera; Karen Potts; Kay Sparks; Kellie Ragan; Leslie Benoit; Linda Jackson; Linda Wright; Lois Smith; Madge Vandervort; Malone, Pat; Mandy George; Martin, Fran; Mary Dussol; McBride, Dorothy; Meg Hagemann; Melinda Harmon; Natasha Jamison; Pat Meldrich; Patricia Coloma; Peggy Haecker; Rachel Ingersoll; Ramona Leber; Renee Hunter; Riley-Kaver, Jodi; Sandy Aikins; Shaelin Fetters; Sharlynn Rima; Spoor, Kathy; Vickie Hodgson; Villers, Carol; Vonni Mulrony; Denise Robertson; Julie Pyatt; Kim Noel; Kristin Schutte; Lori Stolee; Lyndie Case; Michael Wise; Mike Lynch; Randy Town; Rob Vincent; Sandy Mathewson; Tricia Hughes; Wendi Gilreath; Blake; Cathy; Cawyer; Clinic; Elwha; Health Ed; Jim Bosher; Joe Finkbonner; John; Joseph; Liling Sherry; Marie; Myra Aubertin; Portland IHS; Schmitz; Spokane; Stillaguamish; Tash; Taylor; ZIP Cc: DOH DL Tobacco Prevention & Control Subject: Fred Hutchinson study on school programs You may have seen news reports yesterday about a 15-year study (1984-1999) released by the Fred Hutchinson Cancer Research Center in Seattle. It evaluated school-based tobacco prevention programs. The study found that curriculum-based instruction, in isolation, does not prevent tobacco use. It is disappointing, but the good news is that Washington's tobacco prevention and control program is ahead of the curve. Last year, when we developed our program, more than 150 experts helped us to identify best practices and tailor them for Washington State. In fact, one of the listed researchers on the Fred Hutchinson study served on our advisory group for school programs. We have already incorporated much of the learning from this and other similar studies into developing our comprehensive approach to tobacco prevention and control. The study evaluated stand-alone classroom instruction. Our anti-tobacco efforts in schools, however, go well beyond individually-based classroom instruction. They also include: . improvement and enforcement of tobacco free school policies . cessation programs for students . school staff and parent & family involvement; and . a direct linkage to the other components of Washington's comprehensive tobacco prevention and control program. Evaluation research demonstrates that this comprehensive approach is successful in reducing tobacco consumption (among both adults and youth) in other states such as California, Massachusetts, Florida and Oregon. We are confident that our comprehensive approach will be successful here in Washington, too. It includes: community-based programs school-based programs cessation support (toll free Quit Line 1-877-270-STOP) media campaign (television, radio, billboards, transit, mall kiosks) assessment and evaluation If you have questions, please feel free to give me a call at the number below. You also may be interested in reading a great editorial published in today's Tacoma News Tribune. You can find it at the following link http://www.tribnet.com/ then click on Opinion; then click Editorials; you'll find the editorial entitled "Anti-smoking lessons don't make the grade". And a story in today's Seattle P-I http://seattlep-i.nwsource.com/local/smok21 .shtml Lisa LaFond Tobacco Prevention and Control Washington State Department of Health PO Box 47848 Olympia WA 98504-7848 360,236.3634 voice 360.236.3646 fax lisa.lafond@doh.wa.gov This message may be confidential. If you received it by mistake, please notify the sender and delete the message. All messages to and from the Department of Health may be disclosed to the public. :p Q "0 Q (I) III g. en g g. = Cl. lit 0- .. "0 C 5!: ::r == et if' !f ~ c . - - o :s ~ 'tI ~ -: :: ~3.ga9:0 (JI"C"CC(JI~ a>a05fg::r 3~2':!!.iii~ :"'~2."<~:2 CIIICa:CIICIIO (JI'C CII <Utili '86-~~'82: ~5'~!!!.~~ CII:::r CIllO.. . CII e. lit Ii !!!. 0' IlJ III 9' '"iiil; g. 8a.a.83C: C113C11ca IlJ Utlo 3~3~a ~~[rg'C !e.gl/J~ . a!; g: g.a CII wE. !!!. 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