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HomeMy WebLinkAbout07 July -- -~.~ ~c ~;g f/o/i;;;a CO~MUNICABLE DISEASE CONTROL PUBLIC HEALTH NURSING VITAL STATISTICS ENVIRONMENTAL HEALTH HEALTH EDUCATION ~ ~~ ...r::.~~ JEFFERSON COUNTY HEALTH DEPARTMENT 802 SHERIDAN PORT TOWNSEND, WASH. 98368 (206) 385.0722 HEALTH BOARD Minutes: July 18, 1989 BOARD MEMBERS: STAFF MEMBERS: B.G. Brown, Chairman Larry W. Dennison, Member George C. Brown, Member (Position Vacant) Director of Environmental Health Kathy Stafford, Administrator/ Irene Senior Pomeroy, Director of Nurses J. Peter Geerlofs, M.D., Health Officer CITY OF PORT TOWNSEND REPRESENTATIVE: Karen Chang *********************************************************************** ********************************************************************* The meeting was called to order at the appointed time by Chairman B. G. Brown. The following Board and staff members were present: Commis- sioner Larry W. Dennison and Commissioner George C. Brown; Kathy Stafford, Irene Senior Pomeroy and Dr. J. Peter Geerlofs. City Representative Karen Chang was not present. APPROVAL OF MINUTES: The minutes of the June 20, 1989 meeting were approved as read by motion of Commissioner Dennison, seconded by Commissioner George Brown. ADMINISTRATOR'S REPORT: A Dr. Addison, who is new to the area, has volunteered to help Health Department in any way they feel appropriate, Kathy Stafford reported. Kathy Stafford and Irene Senior Pomeroy have discussed what he could do and suggested that he could provide education and counselling services for adult health programs and Senior citizen health programs. If Dr. Addison only does counseling and education he will be covered by the Health Department insurance, but if he does actual health care work he will have to provide his own malpractice insurance. If he limits his hours this insurance would cost approximately $2,000 per year. Kathy Stafford asked if the County would be interested in using his services, and if so if they would pay for his malpractice insurance? The Board concurred that a program be developed and submitted to them for approval. Health Board Meeting Minutes of July 18, 1989 Page: 2 Proposed Meetino with the Caoe Georoe Sewer District commissioners: Having a Health Board meeting with the Cape George Sewer District commissioners at Cape George has been discussed, Kathy Stafford reported. She has contacted the Cape George Sewer District commissioners and they have agreed that such a meeting could be held in September. Kathy will make the necessary arrangements. Prenatal Care Prooram Grant: The State has revised their funding for the prenatal care program and these services are now covered by Medicaid. previously the program funding paid doctors for their services. The state has advised that the program funding provided for the balance of this year can be used by the County to develop their own program. Kathy Stafford proposed that the $4,300 in funding for the balance of the year, be used to bring the part time nurse on full time in October through December to do a needs assessment, explore the feelings of the Doctors about the Health Department providing these services to Medicaid persons, and if the need is there to develop a maternity support program. Dr. Geerlofs reported that he knows of two physicians that will be giving up doing this type of work within the next year. The Board concurred that these program funds be used as proposed. DIRECTOR OF NURSING REPORT: Irene Senior Pomeroy reported that the following people have been hired for nursing positions with the Department: Dennis Langlois, Public Health Nurse II to serve in Julianne Flemings place while she is on a leave of absence. Barbara Anderson, Project Manager, for the Parent Aid Program grant from the washington Association for Abuse and Neglect, Lois Twelves, Physical Therapist, and Mary Tudor, Interagency coordinating Council Coordinator for the Birth to 6 project. Immunization Clinics have been held in Quilcene and another one will be held in Quilcene before school starts. AIDS: The informational signs on AIDS have been installed on the Transit busses and AIDS education sessions will be held monthly at the County Jail. There have also been an increase in calls for AIDS counseling and testing. Port Townsend Leader: Dr. Geerlofs has finished an article about the Health Department which will run as a series in the Port Townsend Leader. Irene Senior Pomeroy will talk with the Leader Publisher, Frank Garred, about how long these articles will run. There are two articles ready to go right now. ENVIRONMENTAL HEALTH DIRECTOR REPORT: Statistics for the Environmental Health Section were presented by Kathy Stafford in the absence of an Environmental Health Director. The following items were also presented: Janet Welch - Policy for Well Setbacks: Janet Welch, Septic Sense, has applied for variances for well setbacks on two properties, Kathy Stafford reported. The variance requests are for a reduction in the septic system setback from a neighboring properties well from 100 feet to 75 feet. The Health Department asked that a notarized statement from the adjacent property owner agreeing to the setback variance, be provided. Health Board Meeting Minutes of July 18, 1989 Page: 3 Janet Welch asked that this policy be clarified. She stated that reduction in a well setback from 100 feet to 75 feet is not a variance because it is allowed by the law and can be granted by the Health Officer. This is just a request for a reduction in well setback. She stated that she checked with the State and neighboring Counties and these requests are simply granted by the sanitarian in several counties and do not require a variance through the Board of Health. The two properties that these reductions in setback are being request for have pending sales that could be lost because of the time it would take to provide the necessary paperwork and have the request reviewed by the Health Board. Kathy Stafford reported that she discussed this with Dave Lenning of the State Department of Ecology, who stated that there is case law that notifica- tion must be given to the adjacent property whose well would be encumbered, and that the neighbor submit a letter of approval for such an action. In one of these requests, the adjacent property owner does not agree with the encroachment on their property, so it is not just a case of waiting for a letter from them. This discussion turned to the impact such an encroachment may have on the neighbors well in the future. It was reported that such an encroachment could possibly preclude the well being used as a public water supply (serving two or more residences) in the future. Dr. Geerlofs stated that there are several issues here, one being the impact to a neighboring property. If an encroachment is being made, it is common sense to notify and get the concurrence of the neighbor who is being encroached upon. Secondly, this is a variance because it is a change to the stipulated setback. The third issue is that communication with Janet Welch could have been a problem because of recent changes in staff of the Health Department. He apologized if there has been a communication problem caused by changes in the Department staff. The discussion continued regarding case law and the responsibility of the County and the Health Officer in granting a reduction of setback to 75 for a well. There are lots on Suquamish Harbor that a 75 feet wide that can not be built upon without encumbering a neighbors lot with a well, Janet Welch reported. She added that when there are the environmental justification to reduce the setback then it should be done. Chairman B. G. Brown stated that the 100 foot setback radius can be reduced to 75 feet if the Health Officer feels that a health hazard won't be created. The Health Board has to look at it from the health aspects only, not what this may do to the neighbors plans for their lot in the future. A profes- sional health opinion is needed in this variance request. The Health Department has to look at these requests on an individual basis. More infor- mation is needed on the specific request before a decision can be made. Mrs. DeRosa, one the property owners seeking a variance from the 100 foot setback, stated that she talked with her neighbor and he is concerned about contamination of his well. He would like them to move their septic system toward the bluff. He was upset about a having to have a notarized letter and a notice on his property title. Mrs. DeRosa stated that they would never have gone this far with this property if they had realized the situation with the well. Mr. DeRosa asked about a 25 foot setback for the septic system from the bluff. He was advised that this may be more a problem than the well setback. Health Board Meeting Minutes of July 18, 1989 Page: 4 A sanitarian will inspect the site to make a recommendation that the reduction in setback would not create a health hazard and then inform the neighbor of the possible future impacts to his well and if he doesn't agree with this reduction then the Health Board will have to review the request further. Dr. Geerlofs agreed that if the sanitarian can justify that the reduction will not create a health hazard and the neighboring property owner agrees then he can grant the reduction in the setback. proposed New Food policv: Gwen Howard submitted a proposed amendment to the present food policy, as well as copies of the current policy. She reported that this proposed policy would facilitate the overall effectiveness of enforcing the food program in the County. A second re-inspection of restaurants that do not pass their inspection would be allowed. Current a re-inspection is done if red items total 50 points, or if the total blue and red points are over 75. If the points total more than 100 the restaurant is closed until it comes into compliance. This new policy would allow re- inspection for a fee of $70. This is an escalating re-inspection fee. Gwen Howard also proposed that an education session with the restaurant employees on safe food handling be required with this second re-inspection. If there is no compliance after second re-inspection then an administrative hearing would be required. If there is no action after an administration hearing then the problem would be referred to the Health Board. Commissioner Dennison noted that these proposed changes should be reviewed by the prosecuting Attorney. Gwen Howard suggested that after more than one Administrative Hearing, the restaurant owner should be charged a fee for the hearing. She reported that she looked at the policies in King, Clallam and Snohomish counties. The Board concurred that this proposed policy be worded more precisely and then it can be brought back before the Health Board for consideration. Mvron Offstein. Cane Georae re: Cane Georae Sewer District and Countv's Declaration of a Health Hazard: Myron Offstein asked if Commissioner Dennison had made contact with Dave Lenning of the State Department of Ecology. Commissioner Dennison reported that he had and that the Department of Ecology would like to help the county on this matter. They can't do anything until September, but are willing to provide technical assistance to the County on this issue. Solid Waste si te permi t: Port Townsend Paner Company: Mark McCrary, Technical Engineer for Port Townsend Paper Company introduced, Evaline Muehlethaler, Technical Superintendent and Bruce McComas, Production Manager, were also introduced. Mr. McCrary stated that they are here to discuss the renewal of their solid waste site permit. He advised that this site was developed and permitted by Crown Zellerbach in 1978 for disposal of ash and slater grits. New regulations for solid waste site became effective in 1983. Crown Zellerbach worked with the Health Department and Planning Department to produce an operating plan for a permit for this site. During 1986 the Solid Waste regulations were again changed to the minimal functional standards that are in effect today. Port Townsend Paper Company has been working with the Health Department and the State Department of Ecology on that site since they purchased the mill from Crown Zellerbach. Health Board Meeting Minutes of July 18, 1989 Page: 5 There have been no changes in the type of waste disposed of at the site or in the operation of the site, Mr. McCrary reported. The renewal of the permit for the site is being sought with the classification as an inert site. This classification was rejected by the state Department of Ecology and the Health Department. Port Townsend Paper Company has appealed this decision to the Pollution Control Hearings Board because they want to know why the inert waste status was being rejected by the state Department of Ecology. The Department of Ecology outlined their concerns to the County in a letter dated April 4, 1989. Port Townsend Paper Company has not been contacted by the County about this letter. Mr. McCrary then reviewed the DOE letter with the Board. Ms. Muehlethaler stated that Port Townsend Paper Company have concerns over the issues cited by the DOE in respect to the inert classification they are requesting: 1) The DOE is trying to redefine what the minimum functional standards say. 2) The Ph levels of the site are under the threshold defined by the state and, 3) The DOE has stated that there is not another site like this in the state which is not true. The Camas Crown Zellerbach Paper Mill has a site like this and they were re-issued a permit for their site through the local Board of Health. Kathy Stafford asked if Port Townsend Paper has sent a letter to DOE about their concerns. Mark McCrary stated that the county Board of Health has the authority under the Minimal Functional Standards to issue this permit. There was discussion about who has the final word on this permit. Ms. Muehlethaler stated that the County is the lead agency on this permit and can issue it. Jefferson County can consider the comments submitted by DOE and if they chose can require mitigative measures to address the concerns noted. If the DOE doesn't agree with Jefferson County's issuance of the permit, they can appeal the decision to the Pollution Control Hearings Board. Linda Atkins, Solid Waste Enforcement Technician for Jefferson County has been involved with this permit process. She has been acting on the comments made by the DOE. Kathy Stafford stated that Linda Atkins could not be present today because this matter came up last week and she could not re-arrange her schedule. Linda Atkins will be meeting on August 27 with DOE regarding the Port Townsend Paper permit. Ms. Muehlethaler stated that the hearing before the Pollution Control Hearings Board is scheduled for August 30, 1989. Port Townsend Paper asked cynthia Howarth (previous Environmental Health Director) how to proceed in resolving this issue and she stated they would have to go through the Hearings Board, but they would rather work this out locally. commissioner Dennison stated that he would like more information on what the DOE is doing regarding the definition of the Minimal Functional Standards as well as information on the site in Camas that has a similar permit issued to it. Linda Atkins needs to put together a clear history of this landfill and the permits that have been issued as well as the conditions on those permit. Kathy Stafford reported that the only time that Port Townsend Paper Company was granted an inert status was for one year when Rick Miklich was the Environmental Health Director. Mark McCrary stated that there was a substantial amount of testing done before the permit was granted. Rick Miklich reviewed the data and issued the permit and the permit was not overturned by the DOE. Kathy Stafford stated that the DOE has since said that they did have objections to the permit, but they did not comment on it at the time. Health Board Meeting Minutes of July 18, 1989 Page: 6 Linda Atkins will be directed to do a history of the matter which will be provided to Port Townsend Paper Company and they will provide a written response to the DOE letter. She will then arrange a meeting with the Commissioners, Port Townsend Paper Company, and Dr. Geerlofs before the Hearing Board meets to try to resolve the issue locally. Health Board position on Use of seotic Holdina Tanks: Chairman B. G. Brown stated that the use of septic holding tanks is regulated by the State. Specific requests for emergency use of a holding tank should be made to the Board of Health. Extension of Ladlev Deadline: The Ladley's were given 90 days to make repairs to their septic system, Kathy Stafford reported and that time frame will expire before they have time to get bids for the system and have it installed. Janet Welch has asked for an extension of the time frame for these repairs. Commissioner Dennison moved to approve extending the timeframe for the repairs to the Ladley septic system to October 1, 1989. Commissioner George Brown seconded the motion which carried by a unanimous vote. Hirina Procedure: Kathy Stafford submitted a draft hiring procedure for the Board to review. The Board concurred that this procedure be used when there are enough applications received for the position of Environmental Health Director. Letter of Concurrence/Non-Concurrence: Ouilcene Dabob Bay Watershed Plan: Commissioner George Brown moved to issue a letter of concurrence with stipulations that there is concurrence with Action Item 2 to upgrade Ordinance 2-77 to address items A through E, but may not be stricter than the WAC and that timelines for Items A through E will be accomplished as time permi ts. commissioner Dennison seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF HEALTH " Member ~a4i George C. rown,~