HomeMy WebLinkAbout05 May
JEFFERSON COUNIT BOARD OF HEALTH
MINUTES
MAY 21, 1998
BOARD MEMBERS
Dan Harpole, chairman - county Commissioner Dfstrict I
Glen Huntil\lior~ Mrntber - county CQmmis5lcner Dfstrict 2
Richard wojt, Member - county CQmmissloner District 3
Ted shorJberg, Member - pori Townsend City counctl
JiU Buhler, Viet chairman - HOsylW Dfstrict #2 commfsslcner
sheila westerman, Member - Citizen at Large (City)
RObertJl FruseU, Mrntber - Citizen at Large (county)
STAFF MEMBERS
David syecter, Health Deyal'tmtnt Director
Jean Baldwin, Director of Nursing servlw
Larry Fay, Dimtor of EnvlronmentP.1 Health
rh01flll5 Locke, M.D., Health officer
Prior to convening the meeting, the Board of Health met with the State Secretary of Health.
Chairman Harpole called the meeting to order. All Board and staff members were present with the
exception of Commissioner Huntingford, who arrived shortly after the meeting began.
APPROVAL OF MINUTES
Commissioner W ojt moved to approve the minutes of April 14, 1998 as presented. Member Westerman
seconded the motion which carried by a unanimous vote.
PUBLIC COMMENT PERIOD
Patricia Schaler stated she and her family read an article printed in the Port Townsend Leader regarding the
development and placement of an asphalt plant in Jefferson County.
Chairman Harpole apologized for interrupting, and stated that it is important that Ms. Schaler be aware that
the County Commissioners sit on the Board of Health, two (2) of which are present, and the County
Commissioners may have to hear an appeal on this matter at a later date. He explained that since a decision
on the project can be appealed to the County Commissioners, it is considered quasi-judicial, and the
Commissioners are not allowed to discuss specific issues relating to the matter. Chairman Harpole stated
that he wants to hear Ms. Schaler's concerns, but he asked her to keep her comments general in nature, in
order to preserve the integrity of the process.
Ms. Schaler stated that her mother suffers from chronic asthma, a respiratory disease which she has had for
10 years, and has caused her to become home bound. If the asphalt plant is allowed in Jefferson County,
Ms. Schaler believes that her mother will die within five (5) years. When her mother had a porch built, the
small amount of asphalt used in the construction had to be removed by emergency means as it was
contaminating her home. Even though it was removed two weeks ago, the resulting gases still permeate her
home and are visible in the sun light. That small amount of asphalt causes her to have repeated asthma
HEALTH BOARD MINUTES - MAY 21, 1998
Page: 2
attacks. Ms. Schaler stated that she has two (2) children. Her daughter has asthma attacks and must take
four (4) different medications a day to remain out of the hospital and enable her to go to school. Her first
asthma attack put her in the hospital for five (5) days, and in the Intensive Care Unit (ICU) for three of those
days. The first hour and a half she received ten (10) nebulizer treatments (which is recommended one (1)
every four hours), to save her life. Ms. Schaler stated that there are other individuals in this community that
also have respiratory problems. She asks that if such a plant is allowed in Jefferson County that it be placed
far from the general public.
Member Shoulberg summarized that there is a concern about the effects large industrial facilities will have
on the air quality and general public health. He reiterated that the subject must be discussed in general
without talking about specific issues or sites. If specific information is discussed outside of the formal
process, then the process becomes biased and testimony may be thrown out.
Larry Fay added that he spoke with Ms. Schaler's mother on the telephone this morning and he said that the
issues are where to locate industrial manufacturing facilities in and near communities, and how to address
air quality concerns.
Chairman Harpole asked Larry Fay if these kinds of issues would be addressed through the SEPA process?
Larry Fay stated that it is a matter of insuring that they are addressed. Air quality is regulated by the
Olympic Air Pollution Control Authority in Olympia, not by the County. There is a low level of public trust
that the Olympic Air Pollution Control Authority will reliably enforce the standards which are in place.
Patricia Schaler asked where to go for more information? Larry Fay replied that she needs to go to the
Jefferson County Permit Center. Member Shoulberg added that she can request to be put on a mailing list to
receive information about any proposal.
NEW BUSINESS
H..T. CARROLL PARK: Larry Fay stated that construction of the park is moving forward,
however, the Health Department is concerned that there are no immediate plans to provide toilet facilities
for the park. There are plans to eventually install toilet facilities, however, it is unknown when that will
happen. The Jefferson County Public Works department has discussed the use of portable sanicans until
there are adequate funds available to build permanent toilet facilities to support the park. This proposal
raises questions about the duration of the use of portable sanicans; allowing the use of sanicans by other
individuals or agencies that propose to do phase development; and assuring that permanent facilities are
built at some point in the future.
Member Shoulberg asked if the park can open to the public without toilet facilities? Larry Fay stated that is
the issue. The Health Department could allow the construction of the park to continue, and require that
toilet facilities be installed before the park is opened to the public. Member Shoulberg asked about the
standards in the current regulations. Larry Fay replied that the on-site sewage regulations require toilet
facilities in public gathering places, but the terminology is very general. The building codes outline various
requirements relating to the number and location of toilet facilities, based on population and frequency of
usage. This project is different from others, as it is a County project and there are no building permits.
When Bill Irwin submitted the application for a picnic shelter, the Health Department realized how far the
development of the park has progressed.
HEALTH BOARD MINUTES - MAY 21, 1998
Page: 3
Warren Steurer, FacilitieslParks and Recreation Manager of Public Works, stated that Public Works was
informed that portable sanicans would be an adequate measure for the first phase of development of the
park. There are four phases of construction. There are plans for permanent toilet facilities in the second
phase of construction which is scheduled to take place in 1999. It was hoped that they could mitigate any
concerns. The park has power and water utilities. It is the Public Works Department's intent to use
whatever measures are best for the sanican facilities, whether it is building a fence around them or having
water available. Mr. Steurer explained that after many years of planning and community work, it was
decided to take the resources available and combine that with funding available from the County, to get the
development of the park underway. It is unfortunate that there is not enough funding for toilet facilities at
this time, however, in the current phase it is expected that individuals will use the park for approximately 1
to 2 hours and it was felt that sanicans would be sufficient for that duration on a temporary basis.
Chairman Harpole asked when the playing fields will be in use? Warren Steurer answered that the fields
will probably be fmished and ready for use in September.
Member Westerman asked what will be functional in the park when it is opened to the public? Warren
Steurer replied that there will be a four (4) acre multipurpose field with a softball diamond and soccer goals;
a .6 mile trail around the park; Y:z an acre commons which will eventually be a picnic pavilion/shelter; 3 or 4
picnic tables; 3 or 4 benches; and water fountains.
Vice-Chairman Buhler asked if one of the concerns is the availability of sanitary facilities for food
preparation? Warren Steurer stated that at this point there will not be a facility for food preparation,
although individuals may bring in their own food. Vice-Chairman Buhler stated that iffood preparation is
not a factor, something could be set up that would be in line with the current phase?
Bill Irwin stated that he is a general contractor that belongs to Wild Olympic Salmon and he is coordinating
the construction of a 32' x 40' picnic shelter that will be phased into the project. He feels all County
departments are responsible for this project and it is frustrating to him that they are not working together.
This is a fabulous opportunity. It is unique for this size of a community to have a 40 acre park. Warren
Steurer has work very hard for this. He coordinated a "March for Parks" and raised $22,000 for the project.
The Commissioners have bent over backwards to help. Yet it seems like there is constant resistance. Bill
Irwin stated that he would like to see everyone work together on this. There are many other individuals and
agencies besides Wild Olympic Salmon involved in this effort.
Chairman Harpole asked ifthere are any sanicans currently on the site? Warren Steurer replied yes, there is
one. The Public Works Department will keep the sanican on the site even though the park will not be
officially open until September. Chairman Harpole asked ifthe public is using the park even though it is not
open. Warren Steurer replied yes, individuals do appear to be walking through it.
Member Westerman asked if there were any other issues? Larry Fay replied that the Health Department is
concerned about when and how toilet and hand washing facilities will be provided for the public. He
questioned how the County is going to deal with opening the park when the park project does not meet
standards that the County requires of others. Larry Fay stated that the County has not generally allowed the
use of portable sanicans to meet basic facility needs. There have only been two exceptions in which the
Health Department has allowed such use. One was for the Olympic Gateway Visitor Center off of Beaver
Valley Road where the use of a portable sanican was approved on a temporary basis for one (1) year as it
was not known ifthat office would remain at that location. It has now been five (5) or six (6) years and
something more permanent needs to be looked into. The other was for the Kiwanis Park which has operated
using portable sanicans and gray water holding tanks for approximately two (2) years. Kiwanis is working
HEALTH BOARD MINUTES - MAY 21,1998
Page: 4
slowly on developing the water and sewer infrastructure to allow them to operate on a year-round basis.
Larry Fay stated that the County has not been in a situation where they have approved a development where
the first phase included the use of portable toilet facilities on a temporary basis. It is a matter of policy, as
the County will receive other proposals of this type in the future. Larry Pay stated that it may be fine to
approve the use of portable toilet facilities on a temporary basis, but there needs to be some policy direction
and guidance.
Commissioner Huntingford stated that everyone knows that the overall plans ofthe park call for an onsite
sewage septic system. If sanicans are used on a temporary basis then the County will be responsible for
having them pumped as needed. The County has allowed this type of use before, since all the County parks
have either sanicans or a vault system with no hand washing facilities. Commissioner Huntingford stated
that he doesn't see the difference between a vault toilet and a sanican which is pumped on a regular basis.
Chairman Harpole added that there is also a sanican which has been at the skate board park for three (3)
years.
Commissioner Huntingford stated that there are plans for the installation of a sewer system, and he is
concerned about losing the volunteer efforts if the County doesn't follow through with this project.
Member Westerman asked why there needs to be hand washing facilities in the first phase ifthere are no
food service issues? Larry Fay answered that the Health Department is not concerned about there being
hand washing facilities in the first phase, if there is no food service operation. However, there is still a basic
public health component to hand washing.
Discussion ensued regarding outbreaks in other Counties which were a result of the absence of hand washing
facilities.
Larry Fay stated that in the short term this is a manageable issue. The primary concern is with setting
precedents and assuring that "temporary use" remains temporary.
Chairman Harpole added that there are portable sanicans that also contain sinks and water for hand washing.
He asked if the installation of permanent toilet facilities is a priority in phase II? Warren Steurer replied,
yes.
Member Westerman moved to allow the use of sanicans with hand washing facilities, on a temporary basis
during phase I of the park development. Vice-Chairman Buhler seconded the motion for discussion.
Larry Fay stated that there are sanicans that are designed exclusively as hand washing facilities, which could
be used in conjunction with sanicans that do not have hand washing facilities. Member Westerman stated
that she supports the use of whatever type of sanican is most practical locally.
Commissioner Huntingford summarized that the Board of Health wants the Health Department to work with
the Public Works Department on a mutual agreement that will show the phasing and provisions of the
facilities.
Chairman Harpole called for a vote on the motion. The motion carried by a unanimous vote.
HEALTH BOARD MINUTES - MAY 21,1998
Page: 5
OLD BUSINESS
STATUS REPORT ON ALCOHOLIDRUG PROGRAM PRIVATIZATION: David Specter
reported that after the review panel interviewed the three (3) agencies that submitted proposals for the
privatization of the Alcohol and Drug Program, a recommendation to contract with Sound Recovery Center
was submitted to the Board of County Commissioners, who accepted the recommendation. Richard Weiss is
the Principal of Sound Recovery Center and he will be volunteering his time to assist with the transition
process. Mr. Weiss is hoping to share office space with Jefferson Mental Health which is near the Health
Department, however, they will most likely be using facilities in the Health Department until their building
improvements are completed. Upon completion they will be operating under the name Jefferson
Community Recovery Center.
OTHER PROGRAM UPDATES:
Ludlow Utilities Sewer Service: Larry Fay stated that he has submitted a letter to Olympic
Resource Management (Formerly Pope Resources), to inquire about the provision of sewer service to area
residents in the North Bay Community of Port Ludlow. Olympic Resource Management's policy is that they
will extend sewer service if the applicant pays for it. They do not want to make any commitments or
provide cost estimates for a comprehensive sewer effort, until the community has completed the Port
Ludlow Resort Plan and the County has completed the Comprehensive Plan. This will enable them to plan
their policies for the future.
Larry Fay stated that since sewer service is available, the Health Department will not issue septic permits for
properties in that area which do not meet the minimum land area requirements. He noted that the
determination of the Health Department may be appealed to the Board of Health.
Linda Sexton Update: Larry Fay reported that Ms. Sexton has hired a new attorney who is trying to
resolve the matter with the Prosecuting Attorney. Since Ms. Sexton does not appear to be interested in a
compliance schedule, the matter will most likely go to court at some point in the future.
Infant Daycare ProgramlFacility: Jean Baldwin stated that a new daycare facility for infants was
recently opened by the joint efforts of Port Townsend Public Schools, St. Mary's Catholic Church,
Community Action, a community group, and the Health Department. This was done in hopes that pregnant
and parenting teens will remain in school and graduate.
Chairman Harpole asked where the daycare is located? Jean Baldwin answered that it is located in the
catholic church.
Member Frissell added that there are plans for the daycare to open a second room in the fall for a preschool
program for older children. The teacher for that class is concerned that the facility is permitted on schedule
so she can fill the class before parents go to other facilities. The facility is currently open three (3) days a
week, however, it will be open five (5) days a week in the fall.
Vice-Chairman Buhler stated that there is a Community Health Network made up of hospital
representatives, physicians, etc. that is working in correlation with the Washington Health Foundation,
which is a division of the Washington State Hospital Association, on health access for the poor and
uninsured. She stated that she will report back to the Board of Health on this issue as it progresses.
HEALTH BOARD MINUTES - MAY 21, 1998
Page: 6
Commissioner Huntingford asked if there is a way to track the daycare program to see if these young people
stay in the system or move on, once they have received this support? Member Shoulberg stated that the
mission being developed by Community Action is the continuum of care, so there will be a method of
keeping these individuals healthy. The goal is to move them through the system so that they are eventually
out on their own.
Jean Baldwin stated that there are some issues with repeat pregnancies. She explained that there are services
provided in the schools which is more intense for those parents. Additionally, schools have a vested interest
in the daycare, as it deals with children usually considered "high risk" when entering kindergarten. This
program allows the infants to go from the daycare to the preschool program and then into kindergarten. The
school district sees this as a long range investment in getting those children into some good developmental
programs.
DRAFT ON-SITE SEW AGE SYSTEMS ORDINANCE: Larry Fay presented for review and
discussion a draft on-site sewage system ordinance prepared by Linda Atkins. The ordinance was prepared to
clarifY various County regulations and incorporate the on-site advisory committee's recommendations
relating to the operation and maintenance element.
Chairman Harpole asked about temporary toilet facilities mentioned under 8.15.060 Adequate Sewage
Disposal Required. There are two elements listed in that section, however, he asked if there has been some
discussion about temporary permitted portable toilets in public facilities such as parks? There will need to
be a strategy for toilet facilities along the Larry Scott Memorial Trail? He feels there needs to be some
language included that deals with these types of situations.
Linda Atkins stated that none of the counties that she worked with have policies which specifically deal with
portable, temporary toilets. The State regulations address temporary facilities and holding tanks and allow
the use of them for temporary or intermittent use with conditions and property maintenance, however, they
are not allowed for any kind of residential or long term use, such as a park being used full time or long term.
Portable toilets are allowed specifically for temporary use, such as musical events, and construction sites.
Chairman Harpole suggested referencing the R.C. W. in that section. Linda Atkins stated that some counties
have written the State regulation directly into their local regulations. Other counties, like Jefferson, have just
addressed the regulations that were not specifically addressed in the State regulations. Discussion ensued
regarding the format the Board of Health would prefer. It was agreed that there needs to be comprehensive
table of contents, a glossary, possibly of "key word" find, and the County and State regulations need to be
identified separately, but still remain in one document for easy public reference.
Dr. Locke added that it is important to keep in mind that the basic ground rules for local Boards of Health
developing health codes is that local regulations are allowed to be more stringent than State regulations, but
not less stringent. Local Boards of Health can grant variances to State regulations, when the intent of the
State code is met and public health is not affected. Variances cannot be standardized, they must be dealt
with on a case by case basis. Local Boards of Health establish the process for how they will be dealt with.
Commissioner Huntingford asked about section 8.15.120 dealing with licensed septic system installers.
There was some concern that the employees oflicensed installers would also be required to have a license.
Linda Atkins clarified that only one person on a site has to be licensed. State regulations specifically require
that a certified installer must be on-site at all times. This is not a new requirement, Jefferson County has
been negligent in enforcing it.
HEALTH BOARD MINUTES - MAY 21, 1998
Page: 7
Discussion ensued regarding licenses, bonding and County inspections.
Chairman Harpole stated that at this time he needs to excuse himselffrom the meeting. He suggested the
following topics be discussed during a future meeting: 1) "Prom Welfare to Work", and 2) Inviting State
Representatives to visit the local Board of Health.
Larry Pay confirmed that the Board of Health field trip will take place on Thursday, June 4,1998 from 12:00
p.m. to 5 :00 p.m.
Member Prissell suggested wording be added to section 8.15.080 Onsite Sewage System Permit (5), which
places a time limit on which annual renewal of sewage disposal permits will be issued. Linda Atkins stated
that the County issues renewals for those permits as long as the individual has a valid building permit.
Discussion continued regarding what stages of construction is required for fmal inspections versus
certificates of occupancy.
Member Prissell stated that in that same section under (13)( d), she feels there should be some specific
wording as to how far in advance of the expiration the applicant will be notified. Under section 8.15.130
Septic Tank Pumpers (2), it discusses certificates, however, it does not state how long a certificate is in
effect. The term ofa certificate should be added. Under section 8.15.160 Operation and Maintenance (4)(a)
a deadline by which the owner must comply, should be added. Linda Atkins stated that there will be a chart
available in June which will specifY the inspection schedules.
Linda Atkins discussed the inspection schedule and explained that the frequency of inspections will depend
on the category each septic system falls under based on their contamination risk level.
Member Westerman asked if any jurisdiction in the State has come up with an effective method of enforcing
inspection requirements? Larry Pay replied that Kitsap County requires inspections be conducted annually.
They have privatized their inspections through a surface and storm water management district and are getting
a high level of compliance, however, it is very expensive due to the privatization. The South West
Washington Health District's Operation and Maintenance (O&M) program is funded by a tipping fee on
septage which enables them to conduct their own inspections and track the data.
Linda Atkins added that a large part of implementing an O&M program is an expansion of the education
program already offered by the Health Department. Member Prissell suggested an education program for
individuals with older septic systems as well.
Larry Pay stated that the draft ordinance will be taken to the onsite advisory group for review and comment.
Public meetings and workshops will be held on the draft ordinance in July and August. In September the
results of the meetings and workshops will be brought to the Board of Health who will decide on any
changes. A second draft will be brought to the Board in October for review. The ordinance will then be sent
to the Prosecuting Attorney for legal review, with adoption of the final document planned for the end of the
year (at the December Board of Health meeting).
NOXIOUS WEED CONTROL BOARD:
Member Shoulberg stated that he requested from the Board of County Commissioners a copy of the
documentation from the State mandating the County establish a Noxious Weed Control Board.
Commissioner Huntingford stated that the County was not required by the State to establish that Board. The
HEALTH BOARD MINUTES - MAY 21, 1998
Page: 8
Board was established in partnership with Clallam County to share resources in order to get the State
Department of Transportation to take care of their weed problems.
Member Shoulberg stated that the Noxious Weed Control Board has great power in that they can issue
administrative search warrants. The danger of this is that the State has the authority to enter private property
and spray that property with contaminating toxic chemicals if they determine that is the best method to
eliminate noxious weeds. This could cause serious problems for property owners that have health problems
or even cause healthy individuals to have health problems.
Member Frissell stated that her knowledge of this issue is that the property owner is fIrst notified that they
have a noxious weed on their property. It is then incumbent upon the property owner to remove it. If the
property owner does not comply, the State will enter the property.
Member Shoulberg knows first hand, as he owned property which the State entered and sprayed without
giving proper notice. He sued the State and won. There is nothing in place to protect the property owner.
State law says notification must be given, but if the notifIcation is given incorrectly, the property owner is the
one who suffers. The Commissioners have stated that administrative warrants will not be allowed. So the
issue is what type of eradication will be used. If only manual eradication is used, then there is no risk of a
situation dealing with toxins. He feels this is a health issue and safeguards need to be created to protect
property owners if toxic chemicals are going to be used. The County has not used toxic chemicals in right-
of-ways for many years. Member Shoulberg emphasized that while the County wants to establish the Board
as benign, once it is incorporated into the legislation and becomes law, the ability to change it is much easier.
It does not appear that there is a risk in the immediate future, however, the risk potential is there just in the
creation of the Board. He would like to be infonned on what measures the County is going to take in
protecting public health and he stressed that the County needs to be extra cautious in establishing this Board
and its bylaws.
Member Westerman stated that Member Shoulberg's experience was with the State entering his property.
She asked for clarification on whether the State has given the County that authority? Member Shoulberg
answered yes, it is in the R.C.W. 's that a Noxious Weed Control Board has the authority to issue
administrative search warrants.
Commissioner Huntingford stated that they have the ability to enter private property, eradicate the noxious
weed and put a lean on the property if necessary, however, that is not what the County intends to do. They
are establishing the Board in order to take advantage of some funding sources and work with other groups on
the problem of noxious weeds. The Board will have representatives from the agricultural community being
made up of fIve individuals which come from weed districts that coincide with the fIve school districts. The
County is not interested in entering private property or setting up a spray program, although that may be an
option if a property owner wants to do that on his own property and the Weed Board agrees.
Member Shoulberg added that another issue with the creation of the Noxious Weed Control Districts is that
they are considered separate taxing districts that have the power to tax property just like the P .U.D., the
hospital district, etc. Commissioner Huntingford agreed that it does have the ability to do that, however, that
is not something the County is interested in doing.
As for the issue with spraying, Commissioner Huntingford stated that policies will need to be established for
how noxious weeds will be dealt with.
HEALTH BOARD MINUTES - MAY 21, 1998
Page: 9
Member Westerman suggested that it might be a good idea for the Board of Health to review the policies and
procedures of the Noxious Weed Control. The Board agreed.
Meeting adjourned.
A retreat will be held next month on Thursday, June 18, 1998 from 12:00 p.m. to 5:00 p.m. at the home of
Member Roberta Frissell.
JEFFERSON COUNTY BOARD OF HEALTH
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l~ Buhler, Vice Chairman
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Sheila Westerman, Member
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Roberta Frissell, Member
i:I E. Wojt, Member
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Ted Shoulberg, Member