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HomeMy WebLinkAbout07 0520 04 Health BoardAn Ordinance relating to the public health hazards arising from real properties and structures contaminated by Illegal Drug Manufacturing or Storage and establishing procedures for minimizing the public risk arising from such contaminated properties and structures Jefferson County Board of Health Ordinance No. 07-0520-04 WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine is occurring frequently in counties of this state; and WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine is particularly prevalent in rural counties such as Jefferson County because so much of the county is not densely -populated, thus promoting the ability of those persons storing and manufacturing illegal controlled dangerous substances to hide and remain secret; and WHEREAS, the storage and manufacture of illegal controlled dangerous substances such as methamphetamine amounts to an epidemic in rural counties such as this one; and WHEREAS, this epidemic has overwhelmed and will continue to overwhelm the quite limited resources of this county; and WHEREAS, responsibility for clean-up costs should rest with those who tolerate or condone the behavior of storing or manufacturing illegal controlled dangerous substances at or upon their structures or real property and not upon the general populace as a whole; and WHEREAS, those persons who tolerate or condone the behavior of storing or manufacturing illegal controlled dangerous substances at or upon their real property or structures should risk criminal charges for their behavior, which puts the health and welfare of the general populace at risk; and WHEREAS, the state legislature and state agencies have taken affirmative action to grant authority in this regard to local governments such as Jefferson County to deal with the problems associated with real properties and structures contaminated by the illegal manufacturing and storage of controlled dangerous substances, Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) NOW, THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF HEALTH as follows: SECTION I. AUTHORITY AND PURPOSE A. Authority This Regulation is adopted pursuant to Chapters 64.44 and 70.05 of the Revised Code of Washington (RCW) and Chapter 246-205 of the Washington Administrative Code (WAC). All references to these RCWs and this WAC refer to the cited chapters and sections, as now or hereafter amended, and this regulation is supplementary thereto. B. Purpose This chapter provides for the protection of the health, safety, and welfare of the public by reducing the potential for public contact with hazardous chemicals associated with the manufacture of illegal drugs. This chapter: 1) Provides procedures for enforcement of the Jefferson County Health Officer's determinations that property is unfit for use due to contamination from illegal drug manufacturing or storage, 2) Establishes requirements for contamination reduction, abatement and assessment of costs, and 3) Creates an appeals process for orders of the Health Officer issued to carry out the duties specified in Chapters 64.44 and 70.05 of the Revised Code of Washington (RCW) and Chapter 246-205 of the Washington Administrative Code (WAC). SECTION II. APPLICABILITY This regulation shall apply to any site defined as an illegal drug manufacturing or storage site as per WAC 246-205-010. This regulation shall also apply to any property that is contaminated by illegal drug manufacturingor storage of materials associated with the manufacture of illegal drugs. This regulation shall not apply to industrial or commercial sites licensed or regulated by state or federal agencies where manufacturing processes use hazardous chemicals. SECTION III. DEFINITIONS When used in this regulation, the following terms have the meanings provided below. Definitions for other terms used in this regulation that are not defined below are provided in the WAC Chapter 246-205 and the RCW Chapter 64.44. A. Approved: Approved in writing by the Health Officer. B. Board of Health: Jefferson County Board of Health. 2 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methamphetamine) C. Environmental Health Division: The Jefferson County Environmental Health Division. D. Health Officer: The Jefferson County Health Officer appointed under RCW 70.05.050 or the Health Officer's authorized representative. E. Nuisance: Any act or omission that may be detrimental to public health. F. Property: Any site, lot, parcel of land, structure, or part of a structure involved in the illegal manufacture of a drug or storage of hazardous chemicals, including but not limited to: 1. Single-family residences; 2. Units or multiplexes; 3. Condominiums; 4. Apartment buildings; 5. Motels and hotels; 6. Boats; 7. Motor vehicles; 8. Trailers; 9. Manufactured housing; 10. Any ship, booth, or garden; or 11. Any site, lot, parcel of land, structure, or part of a structure that may be contaminated by previous use. G. Property owner or owner: any occupant of property or person having an interest in the property as shown in the records of the Jefferson County Auditor or other such governmental licensing or recording body. SECTION IV. CONTAMINATION REDUCTION A. Applicability The requirements in this regulation apply to contractors and property owners. The requirements in this regulation apply to property that has been found by the Health Officer to be contaminated and unfit for use pursuant to RCW 64.44.020 and 64.44.030, and WAC 246-205-540, including properties found contaminated and unfit for use by the Health Officer prior to the effective date of this regulation. B. Sampling All sampling performed for an initial site assessment or following contamination reduction procedures shall be conducted by a contractor certified by the Washington State Department of Health under WAC Chapter 246-205 or a Jefferson County Environmental Health Specialist using standardized sampling protocols and methodology. 3 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methamphetamine) C. Decontamination or Disposal Required 1. The owner of a contaminated property shall decontaminate or dispose of the property. The owner shall decontaminate the property in accordance with RCW Chapter 64.44 and WAC 246-205-570, or dispose of the property in accordance with state and local laws. The owner of the contaminated property shall submit a decontamination plan within forty- five (45) days and decontaminate or dispose of the property within sixty (60) days of notification of contamination by the Health Officer, unless alternate deadlines are approved by the Health Officer. D. Decontamination Work Plans 1. All decontamination activities performed by property owners or contractors must have a work plan approved by the Health Officer. 2. All certified contractors and other persons approved by the Health Officer performing decontamination operations in Jefferson County shall use the "Environmental Health Division's Contractor Work Plan Template for the Cleanup of Illegal Drug Manufacturing Sites", as amended, or the "Washington State Department of Health's Work plan Template", as amended. These work plan templates may be obtained from the Jefferson County Environmental Health Division or the Washington State Department of Health. SECTION V. ABATEMENT AND ASSESSMENT OF COSTS A. After all appeals have been exhausted or if no appeal is filed within the time allowed for filing an appeal as required in Section VIII of this regulation, and the property owner or other persons to whom the order was directed have failed to decontaminate a contaminated property as ordered by the Health Officer under this regulation, the Health Officer may direct or cause the property to be decontaminated, closed, vacated, boarded up, removed, disposed of or demolished, and all costs thereof, including any actual administrative costs and actual attorney's fees and costs, shall be assessed against the property, the persons to whom the order was directed, or the owners of the property upon which the cost was incurred. B. Notice of the costs incurred shall be sent by first class and certified mail to the owners of the property upon which the costs are assessed or other persons against whom the costs are charged. The Health Officer may modify the amount, methods, or time of payment of such costs as he/she may deem just, considering the condition of the property and the circumstances of the owner. In determining any such modification, the costs may be reduced against an individual who has acted in good faith and would suffer extreme financial hardship. 4 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) C. Any costs incurred by Jefferson County abating the condition of the property may be collected by any appropriate legal remedy and shall constitute a lien on the property and the lien may be foreclosed in the same manner as real property tax liens. Costs associated with the foreclosure of the lien, including, but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by law, the court may allow the prosecuting authority a reasonable attorney's fee. D. Any amounts collected shall be distributed to any fund or source of funds for the program area from which payment for the work was made. SECTION VI. NOTICE AND ORDER PROHIBITING USE AND TO CORRECT VIOLATION A. Issuance Whenever the Health Officer determines that property has been contaminated and issues an order prohibiting use, he/she may issue a written "Notice and Order to Prohibit Use and Correct Violations" (NOPUCV) of this regulation to certain persons. The NOPUCV shall be issued to the property owner, or to any person causing, allowing, or participating in the violation. If the whereabouts of said persons are not known, then the NOPUCV shall be issued to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located or at the address known to the county assessor AND the NOPUCV shall be conspicuously posted at the residence or parcel that is the subject of the NOPUCV. A copy of the NOPUCV shall also be mailed to each person or party having a recorded right, title, estate, lien or interest in the property. Content The NOPUCV shall contain: 1. The name and address of the property owner or other persons to whom the NOPUCV is directed; 2. The street address or description sufficient for identification of the property upon or within which the violation has occurred or is occurring; 3. A description of the violation and a reference to that provision of the regulation which has been violated; 4. A statement of the action required to be taken to correct the violation, and a date or time by which correction is to be completed; Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) 5. A statement that each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each day the violation continues shall be considered a separate and distinct violation; and 6. A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction and/or imposition of criminal penalties. 7. A notice to the recipient of the NOPUCV that a hearing before the local health officer shall be held upon the request of a person required to be notified of the NOPUCV pursuant to RCW 64.44.030, said notice to inform the recipient that the request for a hearing before the local health officer must be made within ten (10) days of the date when the NOPUCV was served and that any hearing requested in a timely manner must be held within not less than twenty (20) days and not more than thirty (30) days after the serving of the NOPUCV. C. Disposal Receipts The NOPUCV may also include a statement requiring the person to whom the NOPUCV is directed to produce receipts from a permitted solid or hazardous waste disposal facility or transporter to demonstrate compliance with an order issued by the Health Officer. D. Service of Order The NOPUCV shall be served upon the person to whom it is directed, either personally or by mailing a copy of the NOPUCV by first class and certified mail, postage prepaid, return receipt requested, to such person at his/her last known address, except the method of service described in Section VI, Paragraph A, 2nd sentence above shall control for those persons or business who are notified of the NOPUCV because they are the last owners of record on the equalized assessment roll. E. Extension Upon written request received prior to the correction date or time, the Health Officer may extend, for good cause, the date set for corrections. The Health Officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established, as a good cause. F. Supplemental Order to Correct Violation The Health Officer may at any time add to, rescind in part, or otherwise modify a NOPUCV. The supplemental order shall be governed by the same procedures applicable to all NOPUCV procedures contained in these regulations. G. Enforcement of Order 2 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) If, after the Health Officer duly issues any order, the person to whom such order is directed fails, neglects, or refuses to obey such an order, the Health Officer may: 1. Cause such person to be prosecuted criminally pursuant to this Ordinance. 2. Institute any appropriate action to collect a penalty assessed under these regulations; and/or 3. Abate the health violation using the procedures of these regulations; and/or 4. Pursue any other appropriate remedy of law or equity under these regulations. H. Written Assurance of Discontinuance The Health Officer may accept a written "Assurance of Discontinuance" of any act in violation of this regulation from any person who has engaged in such acts. Failure to comply with the "Assurance of Discontinuance" shall be a further violation of this regulation. SECTION VII. VIOLATIONS, CIVIL REMEDIES, AND CRIMINAL PENALTIES A. Violations 1. Violations of this regulation may be addressed through a civil remedy or prosecuted as a crime. 2. Each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each separate day the violation or offense contiues shall be considered a separate and distinct violation. 3. Any property that is declared contaminated or unfit for use is a public nuisance. 4. This regulation may be enforced by law enforcement officers, by the Health Officer, or by the Health Officer's designee. B. Civil Remedies 1. The violation of any provision of this regulation is designated as a Class 1 civil infraction pursuant to RCW Chapter 7.80, as amended. The Health Officer may issue a NOPUCV pursuant to RCW Chapter 7.80 if the authorized representative has reasonable cause to believe that the person 7 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) has violated any provision of these regulations or has not corrected the violation as required by a written NOPUCV. Civil infractions shall be issued, heard, and determined according to RCW Chapter 7.80, as amended, and any applicable court rules. 2. Civil infractions under this regulation include, but are not limited to, the following: a. Failure to Decontaminate: Any person who fails to decontaminate any property as required pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, has committed a Class 1 civil infraction; b. Occupying or Permitting Occupation of Property Declared Unfit for Use: Any person who occupies, permits or authorizes the occupation of any property ordered vacated pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; C. Removing, Destroying, Defacing, or Obscuring a Notice: Any person who removes, destroys, defaces, obscures, or otherwise tampers with any notice posted pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; d. Failure to Comply with Order: Any person who fails to comply with any order issued pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; e. Failure to Comply with a Written Assurance of Discontinuance: Any person who fails to comply with a written "Assurance of Discontinuance" issued pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, has committed a Class 1 civil infraction. Failure to Comply with Approved Work plan: Any person who performs decontamination activities not in accordance with the approved decontamination work plan has committed a Class 1 civil infraction. g. Failure to Report Contamination: Any person who becomes aware of contamination at a property is required, upon gaining such knowledge, to report the contamination to the Health Officer within one (1) working day. C. Criminal Penalties Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methamphetamine) The following are crimes under this regulation: Failure to Decontaminate: Any person who has previously been found by a court to have committed a violation of section VII.B.2.a. of this regulation, "Failure to Decontaminate," and fails to decontaminate the same property as required pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or to imprisonment in the county jail not to exceed ninety (90) days, or to both fine and imprisonment. The court may also impose restitution. 2. Occupying or Permitting Occupation of Property Declared Unfit for Use: Any person who occupies, permits or authorizes the occupation of any property ordered vacated pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 has committed a Class 1 civil infraction; 3. Occupying or Permitting Occupation of Property Declared Unfit for Use (Repeat Offenses) Any person who has previously been found by a court to have committed a violation of section VII.B.2.b. of this regulation, "Occupying or Permitting Occupation of Property Declared Unfit for Use," and again occupies the property pursuant to this regulation, RCW Chapter 64.44, or WAC Chapter 246-205, shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or to imprisonment in the county jail not to exceed ninety (90) days, or to both fine and imprisonment. The court may also impose restitution. 4. Obstructing Employees or Agents of the Local Health Turisdiction: Any person who obstructs any enforcement officer, employee or agent of the local health jurisdiction or other governmental unit in the enforcement or carrying out of the duties prescribed in this regulation, RCW Chapter 64.44, or WAC Chapter 246-205 shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more that $1,000 or to imprisonment in the county jail not to exceed ninety (90) days or to both fine and imprisonment. The court may also impose restitution. D. Other Legal or Equitable Relief Notwithstanding the existence or use of any other remedy, the Health Officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute or will constitute a violation of these regulations, or rules and regulations adopted under them. E. Imminent and Substantial Dangers I Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) Notwithstanding any provisions of this regulation, the Health Officer may take immediate action to prevent an imminent and substantial danger to the public health. SECTION VIII. APPEALS A. Appeal of an Order Prohibiting Use Any person required to be notified of an order prohibiting use (an NOPUCV) under RCW 64.44.030 may appeal the order. The Health Officer will hear such appeals. Any such appeal must be made within ten (10) days of service of the order, and the appeal will conform to the requirements of RCW 64.44.030 and this regulation. The Health Officer's decision regarding an order prohibiting use may be appealed to the Board of Health. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. The order prohibiting use shall remain in effect during the appeal. 1. Health Officer Administrative Hearing: Any person aggrieved by an order prohibiting use (an NOPUCV) may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements, in writing, of the reason why error is assigned to the Health Officer's decision. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the order prohibiting use. The Health Officer may require additional actions as part of the decision. 2. Hearing Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may question either party. The Health Officer may allow for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not 10 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methamphetamine) admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's issuance of the order prohibiting use. The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law, and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions, and orders shall be mailed to the appellant within twenty- one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the order prohibiting use by a preponderance of the evidence. 5. Appeals: Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. B. Appeal of Notice and Order to Correct Violation 1. Stay of corrective action: The filing of a request for hearing pursuant to this section shall operate as a stay from the requirement to perform corrective action ordered by the Health Officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the Health Officer or from the requirements of an unfit for use order prohibiting use. 2. Health Officer Administrative Hearin: Any person aggrieved by a NOPUCV may request, in writing, a hearing before the Health Officer or his or her designee. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. Such request shall be presented to the Health Officer within ten (10) days of the action appealed. Upon receipt of such request, together with any applicable hearing fees, the Health Officer shall notify the person in writing of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than twenty (20) days nor more 11 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methanphetamine) than thirty (30) days from the date the request was received. The Health Officer will issue a decision affirming, reversing, or modifying the NOPUCV. The Health Officer may require additional actions as part of the decision. 3. Hearing Procedures: Hearings shall be open to the public and presided over by the Health Officer. Such hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the cause for the hearing. The Health Officer shall then swear in all potential witnesses. The case shall be presented in the order directed by the Health Officer. The appellant may present rebuttal. The Health Officer may ask questions. The Health Officer may allow the opportunity for a closing statement or summation. General rights include: (a) To be represented by an attorney; (b) To present witnesses; (c) To cross-examine witnesses; (d) To object to evidence for specific grounds. In the conduct of the proceeding, the Health Officer may consider any evidence, including hearsay evidence that a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts of this state. The Health Officer shall decide rulings on the admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings. Inasmuch as any appeal to the Board of Health from a Health Officer decision is a review on the record, the Health Officer shall ensure that the record generated contains testimonial and documentary evidence supporting the Health Officer's issuance of the NOPUCV. The Health Officer may continue the hearing to another date to allow for additional submission of information or to allow for additional consideration. Prior to closing of the hearing, the Health Officer shall issue its oral ruling unless the Health Officer determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within fourteen days (14) of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be mailed to the appellant within twenty-one (21) days of the close of the hearing. The appellant shall bear the burden of proof and may overcome the NOPUCV by a preponderance of the evidence. 12 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methamphetamine) 4. Appeals. Any decision of the Health Officer shall be final and may be reviewable by an appeal filed with the Board of Health through the Health Officer. Any action to review the Health Officer's decision must be filed within thirty (30) days of the date of the decision. 5. Appeal of Health Officer's Decision to Board of Health: a. Any person aggrieved by the findings, conclusions or orders of the Health Officer shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the Health Officer within thirty (30) days of the Health Officer's decision. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer. b. The decisions of the Health Officer shall remain in effect during the appeal. Any person affected by the NOPUCV may make a written request for a stay of the decision to the Health Officer within five (5) business days of the Health Officer's decision. The Health Officer will grant or deny the request within five (5) business days. C. Upon receipt of a timely written notice of appeal, the Health Officer shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than fifteen (15) days or more than thirty (30) days from the date the appeal was received by the Health Officer unless mutually agreed to by the appellant and Health Officer. d. Board of Health hearings shall be open to the public and presided over by the chairman of the Board of Health. Such hearings shall be recorded. Board of Health hearings shall be opened with a recording of the time, date and place of the hearing; and a statement of the cause for the hearing. The hearing shall be limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time for the hearing before the Health Officer. Argument shall be limited to the record generated before the Health Officer unless the chair admits additional evidence hereunder. e. Any decision of the Board of Health shall be final and may be reviewable by an action filed in Superior Court. Any action to review the Board's decision must be filed within thirty (30) days of the date of the decision. 13 Ordinance No. 07-0520-04 re: Public Health Hazard Cleanup (Methamphetamine) SECTION IX. SEVERABILITY Should any part of this regulation be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder. SECTION X. EFFECTIVE DATE The effective date of this regulation shall be May 20, 2004. APPROVED this 20th Day of May, 2004. JEFFERSON COUNTY BOARD OF HEALTH mess, Chairman Roberta Frissell, Vice Chairman 7 Patrick M. Rodgers, Member off Masci, Member SEAL: ATTEST: Joanna Sanders, Secretary 14 Sh 'la Westerman, Member J' 1 Buhler, Member (Excused Absence) Glen Huntingford, Member