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JEFFERSON COUNTY BOARD OF HEALTH
MINUTES
Thursday, February 16, 2006
Board Members:
David Sullivan, Chairman - County Commissioner District #2
Patrick M. Rodgers, Vtie Chairman - County Commissioner
District #3
Phil Johnson- County Commissioner Dtstri,1 #1
Jill Buhler- Hospital Commissioner District #2
GeriffMasd - Port Townsend City Council
Sheila Westerman- Citizen at Large (City)
Robezta FrimlJ- Citizen at Large (County)
StafMembers:
Jean Baldwin, Public Health Seroices Director
Julia Danskin) l\lursing Seroices Director
Thomas Locke, MD, Health Officer
Mike McNickle, Em'ironmental Health & Natural
Resources Director
Meeting called to order at 2:30 pm by Chair David Sullivan in the conference room of
Jefferson County Public Health Department. Board Member's Masci, Westerman, and
Buhler were excused; all other members were present. There was a quorum.
APPROVAL OF AGENDA
Motion was made to approve the agenda by Board Member Frissell and seconded by
Board Member Johnson. A vote was taken and passed unanimously.
APPROVAL OF MINUTES
Motion was made to approve the Minutes as corrected, by Board Member Frissell. Board
Member Johnson seconded the motion. A vote was taken and passed unanimously.
PUBLIC COMMENTS
Chair Sullivan called on the public for comments.
A request was made for the Board to make substance abuse prevention treatment a
priority. The Health of Jefferson County report that came out in 2003 has been a
valuable resource. There is new community health information that has not yet been
analyzed and released.
OLD BUSINESS
Hood Canal Proiect Update
Mike McNickle explained that the letter included in the packet was hand delivered to
Representative Kessler. House Bill 3039 was taken out of consideration by
Representative Eikmeyer. A letter explaining why is included in the packet. In its place
House Bill 3287 was introduced and is responsive to requests for more scientific study of
sources of Hood Canal nitrogen loading and the impact on on-site sewage systems on the
Canal. It was recommended that the BOH write a letter in support of 3287.
Three public meetings were held about Hood Canal and the public was interested in the
information. Mike explained to the public why we are conducting the water quality
survey and what we hope to achieve.
Mr. McNickle attended the Hood Canal Coordinating Council meeting. The
DosewalIip's State Park, Twanoh State Park, and the Michigan Creek Correction Center
are all going to install the Membrane Bio Reactor (MBR) system. As the Health
Department we would have a unique ability to require samplings of these systems.
Board Member Rodgers requested a motion to draft a letter in support of House Bill
3287. Board Member Johnson seconded the motion. After further discussion the motion
was amended to have Dr. Locke draft the letter. The vote passed unanimously.
NEW BUSINESS
Jefferson County Clean Indoor Air Reeulation
Kellie Ragan explained that we are in Phase Two of the process. She reported that we
have received a total of 15 complaints about establishments that are in potential violation
of the smoking ban. Our process is to educate businesses about the requirements of the
new law and their responsibility to abide by it. We are responding to the complaints that
we receive and are not doing spot checks. Mike McNickle reported that as part of this
process we notified all the food establishments through a newsletter that reiterated the
changes made to air quality statutes by I -901 and gave the date for a public meeting. The
question was asked whether a variance could be granted to allow smoking in a bar. Mr.
McNickle responded that this is now prohibited by state law and local health departments
have no authority to grant variances. Mr. Sullivan asked about the huts that some
establishments are placing 25 feet away. Mr. McNickle reported that the state law says
smoke can not enter the building through windows and defines a 25 foot setback as the
minimum distance between smoking areas and building entrances. Business owners can
request consideration of distances less than 25 feet but must prove that this reduced
setback will still prevent smoke exposure in public places and places of employment.
Public Hearine
Chair Sullivan opened the public hearing at 2:55 p.m. on the Clean Indoor Air
Regulation.
Public Comment- one community member spoke in support of the proposed regulation
and the need for strict standards protecting the public. Chair Sullivan closed the public
hearing at 2:56 pm
Board Discussion - Possible Action
Board Member Frissell pointed out necessary corrections.
Discussion followed concerning enforcing the law consistently, for example, in clubs that
are occasionally, but not always, open to the public. Mr. McNickle stressed that many
outstanding questions will be answered in the up coming Attorney General's opinion.
Board Member Frissell made a motion to approve the "Jefferson County Clean Indoor
Air Regulation Ordinance." Board Member Johnson seconded the motion. A vote was
taken and passed unanimously.
Proposed Fee Schedule for Indoor Air Reeulation
Mike McNickle reported that in order to do the required work we need to have these fees
in place as they are not a part of the regular fee schedule. The fees are generated on an
hourly base to cover 100% of costs.
Public Hearine
Chair Sullivan opened the public hearing at 3:09 p.m. on the Clean Indoor Air Regulation
Enforcement Fee Schedule. No comments by the public. Chair Sullivan closed the public
hearing at 3:09 pm
Board Discussion - Possible Action
Board Member Rodgers made a motion to add the fees to the existing schedule for the
rebuttal application. Board Member Johnson seconded the motion. A vote was taken
and passed unanimously.
Mike McNickle requested that Sara Murphy be added to the list of enforcement officers.
This will be done administratively.
Leeislative Session Update
The Senate Bill 6366 passed unanimously.
More good news for our Department is that the Coordinating Prevention Grant (CPG) for
Solid Waste Education and Enforcement grant will provide an additional $20,000
annually above the amount the current CPG grant allows.
Dr. Locke updated the Board on the pandemic influenza preparedness bill. Originally
$20 million was targeted for this effort. He was told that the Senate sponsor advocating
this full funding but there is resistance in the House.
Jean Baldwin stated the Methamphetamine Omnibus Bill is coming out of the Governor's
and Attorney General's office. There may be the possibility that counties who have
increased their taxation for mental health and substance abuse treatment have a bonus for
some methamphetamine prevention money. The Bill is under consideration by the
Legislature.
Chair Sullivan stated the Senate Bill 6793 that helps correct some of the problems with
mental health are still being resolved. Another budget issue is the Department of
Ecology matching funds for Jefferson County and Skagit County for ongoing United
States Geological Survey (USGS) work. This funding is anticipated for the next two
years and will help with watershed planning.
Pandemic Influenza Preparedness Plannine
Dr. Locke stated being prepared for a severe influenza pandemic is a complex task. It is
a major challenge to the health care system, schools, law enforcement agencies, grocery
stores, gas stations and other businesses. These and other essential services will need to
be maintained for the 3 to 6 month period that the pandemic is causing high rates of job
absenteeism.
A meeting with the Olympic Education Services District (OESD) with school
superintendents from Clallam, Jefferson, Kitsap, and N. Mason to discuss pandemic
influenza planning efforts is scheduled for February 24. Drs. Lindquist and Locke will be
giving the presentation in Bremerton. In the event of an influenza pandemic it is higWy
likely that schools would need to be closed for 3 months or longer to slow down the
spread of the virus. The goal would be to slow down the spread of the virus, allowing the
health care system more time to manage the surge of patients requiring care. If we are
prepared for a health emergency of this scale we will be well prepared for most other
natural disaster that could happen. The general public has to know that it influenza
pandemics are inevitable and that pre-pandemic planning and organization can
significantly improve our response capabilities. The more people know what to do and
are prepared to do it, the less likely they are to panic.
Aeenda item added
Jean Baldwin requested adding a new item regarding the Substance Advisory Abuse
Board nominees. Four candidates were interviewed. Board Member Rodgers nominated
John Barth and Dean Roberston to be appointed as members of Substance Abuse
Advisory Board. Board Member Frissell seconded the motion. The vote was passed
unanimously.
Activity Update / Aeenda Plannine
A public meeting about solid waste enforcement and junk cars will be held at the WSU
Extension on February 23,2006 from 5:00 to 7:00 p.m.
Board Member Rodgers has requested for the solid waste ordinance to have the same
definitions as state statutes.
Jean Baldwin is starting an internal planning process with staff, managers, and BOH
members that would take place in April or May. This would be a four hour discussion
looking at services and the structures of the department.
Chair Sullivan adjourned the meeting at 3:58 p.m.
Next Board of Health meeting is March 16, 2006.
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JEFFERSON COUNTY PUBLIC HEALTH
Addition to Existing 2006 Jefferson County Public Health Fees Ordinance #11-1215-05
ENVIRONMENTAL HEALTH 2006 FEE ADDITIONAL FEES AND
OTHER INFORMATION
Living Environments
Compliance Enforcement 65.00 Per Hour
Reinspection 65.00
. Rebuttal Application 130.00
ADOPTED If.., dayof ~cO~ 2006.
JEFFERSON COUNTY BOARD OF HEALTH
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Sheila Westerman, Member
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Roberta Frissell, Member
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JEFFERSON COUNTY PUBLIC HEALTH
615 Sheridan Street. Port Townsend' Washington' 98368
www.jeffersoncountypublichealth. 0 rg
January 26, 2006
The Honorable Lynn Kessler
339A Legislative Building
PO Box 40600
Olympia, WA 98504-0600
Dear Representative Kessler:
At today's meeting of the Jefferson County Board of Health, the Board voted
unanimously to oppose those sections of HB 3039 requiring local health officers to
impose nitrogen removal requirements on on-site sewage systems. As a Board, we are
very proud of our record of leadership in enforcing stringent on-site sewage systems
regulations. As a result, Jefferson County's coastal waters and shellfish beds are
among the most pristine in the state.
While we strongly support the goal of protecting and improving marine water quality,
including that of Hood Canal, we do not feel there is sufficient scientific evidence to
support the broad mandate that would be imposed by HB 3039.
Public health codes dealing with on-site sewage systems are primarily focused on
preventing communicable disease hazards associated with infectious waste disposal.
The link between failing septic systems and contamination of shellfish beds is well
established as are the human health risks of ingesting contaminated shellfish. In
contrast, the role of on-site sewage systems as a significant source of nitrogen loading
in Hood Canal has yet to be established. Moreover, the effectiveness and reliability of
available technology for reducing nitrogen discharge by on-site sewage systems is very
much in doubt.
HB 3039 would impose an expensive mandate on homeowners within the Hood Canal
watershed without evidence that properly maintained and functioning on-site sewage
systems are contributing to Hood Canal's water quality problems. In addition, HB 3039
makes the assumption that current on-site sewage nitrogen reduction technology is
reliable and effective, a conclusion that is disputed by many. Addressing an
inadequately defined problem with an untested solution is not, in our view, good public
policy.
Studies are underway by the University of Washington and the United States Geologic
Survey to determine the sources of Hood Canal's excess nitrogen levels and how this
COMMUNITY HEALTH
DEVELOPMENTAL DISABiliTIES
MAIN: 360-385-9400
FAX: 360-385-9401
PUBLIC HEALTH
~lVI,I'A,(S 'WORK:NG :OR ~, SAFER AND
HEALTHIER COMMUNITY
ENVIRONMENTAL HEALTH
NATURAL RESOURCES
MAl N: 360-385-9444
FAX: 360-385-9401
problem can be effectively addressed. We urge the legislature to await these findings
before crafting a legislative solution. Spending large sums of money on a solution that
may not significantly address the Hood Canal water quality problem would be wasteful
and counter productive.
In summary, the Jefferson County Board of Health is committed to fulfilling our
responsibility to enforce on-site sewage codes and mitigate adverse impacts these
systems may have on marine water quality. We feel we can best achieve this goal by
assuring that all on-site sewage systems are properly designed, installed, and
maintained and that failing systems are promptly detected and repaired. We welcome
legislative efforts to promote timely repair of failing systems through grants, low income
loans, and other programs for low income homeowners. In the final analysis, we are
concerned that the broad mandates that would be imposed by HB 3039 are not
adequately supported by available science and could end up diverting scarce public
health resources into an untested solution for a complex ecologic problem. As our
elected representative, we ask that you vote to oppose this legislation in its current
form.
Sincerely,
David Sullivan
Chair, Jefferson County Board of Health
COMMUNI TY HEALTH
DEVELOPMENTAL DISABILITIES
MAIN: 360-385-9400
FAX: 360-385-9401
PUBLIC HEALTH
AlWAVS WORKING FOR p, SAFER AiD
HEALTHIER COMMUNITY
ENVIRONMENTAL HEALTH
NATURAL RESOURCES
MAIN 360-385-9444
FAX: 360-385-9401
From the Kitsap Sun
My Hood Canal Septic Bill 'Jumped the Gun'
Rep. Eickmeyer
February 9,. 2006
Concerns have been expressed about a legislative proposal regarding septic systems on Hood
Canal. In fact, I have ordered the withdrawal of House Bili 3039.
We established two protocols in my Hood Canal Committee last year:
. We will base scientific conclusions solely upon empirical data gathered from objective
analysis of the Canal.
. We will not create iong-term mandates ahead of a strong science base.
Continuing with this legislation would have required reductions in nutrients before the study
on nutrients was completed. Indeed, the measure would have abrogated both protocols.
Hood Canal is unique. It is unlike any other body of water in the United States because it is a
classic fjord. It is 66 miles long, and it is narrow with steep slopes and depths of more than
700 feet. Most important, Hood Canal has a solid-rock sill that rises 450 feet from the bottom
at its mouth near Foulweather Bluff. This sill blocks water exchange with the Strait of Juan de
Fuca and the greater Puget Sound. What this means is that the canal is almost entirely on its
own in terms of maintaining ecological balance and heaith.
The study of nutrients such as nitrogen and phosphates is important because we might have
to reduce the amounts we pour into Hood Canal. At the same time, however, we cannot take
too much out because that would also be deadly for the waterway. The most compelling
evidence for a reduction in nutrients came from committee testimony derived from projects in
Chesapeake Bay in New England, and in Japan and Ireland. It was this testimony more than
anything that contributed to "jumping the gun" in the legislation.
As an aside, new technologies for septic and sewer systems will be presented at one of our
committee hearings later this month. The public is always invited. I've been astounded at
what can be done for less money and with far less ground space - which is so very important
for everyone who makes a home in the neighborhood of this great national treasure.