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HomeMy WebLinkAbout07 July COMMUNICABLE DISEASE CONTROL PUBLIC HEALTH NURSING VITAL STATISTICS ENVIRONMENTAL HEALTH HEALTH EDUCATION JEFFERSON COUNTY HEALTH DEPARTMENT 802 SHERIDAN PORT TOWNSEND, WASH. 98368 (206) 385-0722 HEALTH BOARD Minutes: July 15, 1986 BOARD MEMBERS: STAFF MEMBERS: B.G. Brown, Chairman John L. Pitts, Member Larry W. Dennison, Member Randall M. Durant, R.S. Charleta Handly, P.H.N. J. Peter Geerlofs, M.D. David Goldsmith, Adminis- trator CITY OF PORT TOWNSEND REPRESENTATIVE: Glenn Ison *********************************************************************** ********************************************************************* Commissioner John L. Pitts opened the meeting, in the absence of Chairman B. G. Brown and David Goldsmith Administrator. Commissioner Larry W. Dennison and all of the other Board members were present. APPROVAL OF MINUTES: The Minutes of the June 17, 1986 meeting were approved by motion of Commissioner Dennison, seconded by Commissioner Pitts. PUBLIC HEALTH NURSE REPORT: Public Health Nurse, Charleta Handly reported that the new Director of Nursing Services, Michele IsseI, began work on July 1, 1986 and attended the Nursing staff retreat. She is now attending a Community Health Promotion Conference at Stanford University and will help develop a grant proposal for funding special community participation projects in this area. Other activities of Nursing Service during the past month: * The State reviewed the Department's Sexually Transmitted Disease Program. There have been no STD patients in the Health Department program or any cases reported by area Health Board Minutes: July 15, 1986 Page: 2 physicians this year. There has probably been some under reporting of STD cases by the physicians in the community. * Mr. Church, State Health Information Policy Development Section, discussed the new consolidated contracts that will be used for nursing program funding next year with the Director of Nursing. * Dr. Beare and Ilene Keith from the State Board of Health presented an orientation for the new Health Officer and met with other administrative staff to review how the Health Department is functioning. * Other groups that the Nursing staff has worked with during the month: Senior Provider Council, Interagency Council, and the Zero to Six State Program for Early Intervention. * The Foot Care Program has been held at the Port Townsend Community Center for two weeks now and is working out well. One handicapped person advised that the disabled need better access to public restrooms in the County. * The Nursing and Environmental Health services are making plans for a booth at the Jefferson County Fair. It is hoped that a staffing schedule can be coordinated, possibly with the help of nurses from Jefferson General Hospital. ENVIRONMENTAL HEALTH REPORT: Specialist, Randy Durant, reviewed the done by the Environmental Health staff Environmental Health following highlights of during the last month: the work * 84 Food Handler permits were issued in June which is the largest number in several years. * The City of Winslow sludge disposal site was inspected and is operating as expected. * An preliminary proposal has been received from Pope and Talbot Development Company for the development of a sludge disposal site for their Port Ludlow treatment plant sludge. * Port Townsend Paper Company has applied for a sludge disposal application permit for another year. Their application project has been proceeding very well. * Seventeen temporary food service permits were issued for the Hadlock Days festivities. Inspections of these temporary food service facilities were held during the weekend festival. Health Board Minutes: July 15, 1986 Page: 3 * Samples are continuing to be sent into Paralytic Shellfish Poisoning Program. being submitted twice a month from the the State for the Samples are also County's Oak Bay Park. * A review of a larger alternative septic system for a piece of property in the Gardiner was begun. The system involves eight houses to be served by a dual sand filter system. * All of the school inspections were completed during the month. * Two temporary food service stands and a retail market in Brinnon were closed due to health ordinance violations. HEALTH OFFICER'S REPORT: Dr. Geerlofs reported that the County will develop a letter to be given to each retail store in the County advising them of the State Board of Pharmacy ruling requiring that all capsules be removed from store shelves. A place will be provided at the bottom of the letter, for the store manager/owner to sign, acknowledging receipt and understanding of the letter. Jeannie Chao will deliver these letters to each store in person. Each of the public schools in the County were given a choice of two Health Department packages for the provision of nursing and health services during the school year. One package, which would provide State required screening for the schools, would cost $4.50 per student while the other would cost $9.00 per student. Port Townsend, Chimacum and Quilcene schools have indicated they would like the $4.50 per student package. The Nursing staff retreat was very successful with values clarification, review of Jefferson County's health problems, mission statement development and goal setting being accomplished for by the staff for Nursing programs of the Health Department. Ernest Criez, Sewaqe Disposal Permit, Lots 1 and 2, Block 3, Paradise Bay Estates: Randy Durant, Environmental Health Specialist reported that a site inspection was made on June 11, 1986 by himself, David Lenning of Department of Social and Health Services, and Dennis Hanburg of Pac Tech Engineers representing the Criez's, to determine the point at which high water would be measured. The point agreed upon was reviewed by the Board at the June 17, 1986 meeting (See Minutes). Since that time a letter, new plans, and specifications for a mound system were received from Pac Tech Engineers. These new plans utilize that new point of measure. Mr. Hanburg was present, along with Mrs. Criez, and the Criez's Attorney Joe Ladd. Mr. Ladd submitted photographs of the property for the Board's information. Mr. Hanburg then presented extra copies of the new mound system design and the letter he wrote to Randy Durant Health Board Minutes: July 15, 1986 Page: 4 regarding the new system. Since the building setback requirement (thirty feet) has now been determined, Mr. Hanburg advised the Board that there is a slight modification to the design presented, but the drawing does not need to be changed because the drawing was done with a thirty four foot setback. After the point of measure was determined with Mr. Lennings' help, Mr. Hanburg stated, he submitted a drainfield design that would reflect the size of house that is being proposed for the property. The letter submitted to the Health Department was to request that a variance to the State rules and regulations be allowed for the setback from the creek that runs along the south side of the property. The 75 foot setback required from the high tide mark is met by the new plans. Mr. Lenning encouraged the project proponent to resubmit the project with a request for a lesser setback from the creek, since the property topography is away from the creek rather than toward it. Justification for this creek setback variance is, Mr. Hanburg stated: 1) Use of a mound system which will provide excellent effluent filtration prior to it entering native soils, 2) Slope is away from the property and 3) the creek is not a potable water supply in that area. The creek veers away from the property before it hits the waterfront. Mr. Hanburg further stated, that since this is his third time before the Board regarding this project, he would like to see an effort made to resolve all of the problems and concerns, with respect to meeting the Health Department requirements. The winter evaluation of the curtain drains effect on the water table would be the only determin- ation left to be made. The expense of the curtain drain is such that Mr. Hanburg reported he would like to make sure that there are no more hurdles to get over before his clients put any more money into this property. Commissioner Dennison said that the issue is the same for the stream as it was for the salt water because any intrusion into the stream will end up in the salt water, and he questioned how important it is that the stream is not a potable water source. The discussion then centered on the stream, it's slope, the elevation of the mound, the topography of the property, and the type of soils in the area. Mr. Hanburg added that these setbacks are being requested to protect the surface water, because the effluent that has penetrated three feet into the mound is getting enough filtration to allow it to enter into a water table or the ground water. Commissioner Dennison then clarified his position by quoting from the WAC that governs the waiver of the on-site sewage system regulations in saying "no public health hazard will result". He then asked, since there is no reserve area on this lot that can be used if the system fails, where the flexibility is for dealing with a failure of the system? Mr. Hanburg reported that since the entire system is built above ground, if a failure occurred the mound would be removed and replaced with another mound. He explained in detail what would happen if a mound system were to fail and how that failure would be detected. Health Board Minutes: July 15, 1986 Page: 5 Chairman Pitts reiterated that one of the criteria discussed at the last meeting was to have a winter evaluation done on the curtain drain to make sure that there is 24 inches of native soil above the water table. The Chairman asked Mr. Hanburg how the Health Department could set up monitoring criteria to detect any failure? He also suggested a guideline be established to outline what would happen if a failure was detected. Dr. Geerlofs commented that the issue that the Health Department faces, is that the State allows the County to grant a variance below the 75 feet, if the system will work. This doesn't mean, "do it if you're pretty sure it's going to work", it means, "do it as long as it will work". Since the scientific tools are not available that can guarantee that the system will work, the gamble then becomes the liability of the Health Department. The question is how can the Health Department shift some of that liability on to the property owner? In order to do this an on-going testing process (at the owner's expense) is needed, as well as a mandated maintenance program for the system, and some very clearly defined consequences in case of system failure. Dr. Geerlofs then defined what he feels are the major issues regarding the approval of this variance as being: 1) If the Board willing to allow the Health Department to take on the extra workload to create a system where the homeowners will be paying for maintenance and monitoring? 2) If this variance is granted it will be the first time such a variance has ever been granted by this Health Department and it will open the way for more such requests, and 3) What would be the neighbors reaction to the County approving this extraordinary variance. The only comments that would be allowed from the neighbors would be regarding health issues and not building issues. Mr. Hanburg stated that it was his understanding that the final approval for any variance below 75 feet rests with the State Department of Social and Health Services, and asked if the State approves this, who would be liable if the system fails? Dr. Geerlofs advised that the liability would probably be shared by the County and the State because the State generally will grant the variance if the County requests it. Mr. Ladd reminded the Board that this whole series of events was started by Mr. Criez going to the Health Department and working with Mr. Hayes, who he says assured him that this property was, in fact, buildable. He wouldn't have invested in this property otherwise. Mrs. Criez added that there was no mention of a problem with the creek when Mr. Hayes reviewed the site evaluation. The Chairman advised that criteria would need to be designed to outline how the following would occur: 1) How the conditions of the system would be transmitted to any subsequent owner, so they are aware that this is an unusual system, 2) A maintenance procedure would need to be developed and it would be transferred to new owners if the property was sold and 3) A periodic examination of the system be done by the Health Department at the owners expense. This would require that normal examination portals be installed in the mound, and water samples be Health Board Minutes: July 15, 1986 Page: 6 taken from the creek above and below the system in order to detect any change in the fecal coliform levels in the stream. Mr. Hanburg suggested that he would be willing to post a sign on the site immediately which would say "Drainfield Designed by Pac Tech Engineering" as an alternative to a meeting with, or individual notification of the neighbors. This would give the neighbors sufficient notification that a drainfield is proposed for this site. A discussion of the monitoring needed ensued as well as how the property owner would be charged for such monitoring. The Chairman stated that if the Board decides to ask the State to approve the variance to 50 feet from the stream and it is subsequent upheld by them then the criteria design can be done. The property owner will be required to pay for whatever monitoring or testing is required to make sure that the system is working, Commissioner Dennison stated. A background sample would be needed for comparison purposes and then samples could possibly be taken on a yearly basis to assure that the system is working. The following portion of the minutes are a verbatim transcription of the record: Randy Durant: .... the house would be sandwiched between the mound system and the drainfield, so if there was a breakout of the mound, then other possibilities might be that sewage could surface via the foundation drains to the salt water not the stream. ..... The other system (Samples on Marrowstone Island) we are sampling the end of the curtain drain annually. So, the curtain drain would be the other point that sewage might enter the salt water, from possible mixing of sewage into the curtain drain. The surfacing of sewage directly from the mound to the surface ground is another possible failure area. How you would measure what got into the stream, I don't know how you would do that. I just don't see any way. John Pitts: Cause there is so much impact up above. Larry Dennison: Well, but it doesn't matter, if the system has failed then we don't care how much or how little gets in there Randy Durant: If it breaks out, it's like any system. Larry Dennison: Somebody get responsibility for it. My main concern is that the responsibility for making sure that the thing absolutely works be on the property owner at all times. Okay. I don't know how to structure that. I would say that I am willing to grant the variance if we can have a process set up that would give us that assurance to our satisfaction and I don't know what that is. Dennis Hanburg: In that case I think what you're asking for is a management and maintenance agreement that would ride with the property. Is that correct? Health Board Minutes: July 15, 1986 Page: 7 Larry Dennison: Right. Dennis Hanburg: I've never done one for a single family, but we have been in similar situations for a cumulative system. Randy Durant: I think it comes back to what Dr. Geerlofs said, is you know, you've heard the concerns of the Board. We can do the long term, as far as justification goes ... Dennis Hanburg: I feel that's a fair assessment, to go ahead and put a maintenance, because I would agree maintenance is critical. You are then shifting burden to the homeowner, whoever he may be, to have, have read that document, because that's part of the recorded property or whatever. And could be done in layman's terms so that the maintenance agreement makes sense to that person and not another PUD. What I think that the Dr. was saying there was that there had to be justification to go below the 50 feet, or below the 75 feet. We've provided the justification with the exception of you are asking for one additional item, that being the maintenance and management agreement for the site with the responsibility on the owner. Larry Dennison: That goes with the title and. Dennis Hanburg: To be attached to the title. Randy Durant: PUD has too. I site systems of This may be understand all types. something that you they're willing to So. want to see what interest get into 0 & M's of on- Larry Dennison: That's on the design or whatever. Okay, then at this point I guess I'm not prepared to specify the criteria that we'll go by. I'm only willing to say that I am willing to grant the variance if we can come up with an acceptable operations and maintenance program and ah, understanding of the liability of the property owner in the case of a failure. John Pitts: Okay, as I understand the motion, I will second that and repeat it. That we are recommending that we go, we give a 50 foot variance to the stream, which has to be reviewed by the State, and that we grant the 25 foot variance to the sea water, and that operation and maintenance criteria at the landowners costs will be developed and attached to the title of the property and we will work that out subsequent to this. The next thing for you folks to do would be to start working on that and also we, will be the installation of the ground water, because it's based on that, that water table. Is there anything else? Randy Durant: Along with that would be ah, would be subject to review of the design and site as now proposed as well as the winter evaluation. And the point at which the request is submitted to DSHS, do you want that after they have submitted the 0 & M information or do you want that submitted prior to that? Health Board Minutes: July 15, 1986 Page: 8 Commissioner Pitts: I think that.. Commissioner Dennison: The results of that ground water testing? Randy Durant: No the 0 & M. The request for the reduction from 75 to 50 feet from the stream. Commissioner Pitts: I think that they should be involved in knowing what we're doing, why we're doing it, in order to let them know. Commissioner Dennison: If there's any red flags we want them to find them because we're just not in a position to be able to find them. Randy Durant: Okay then what I should do then, see the application initially is filled out by the applicant, submitted to the local Health Department. They will attach all justifications, which you (to Dennis Hanburgl have given plus this new information you requested, and that will be submitted to the Health Department. We would then review that. We meaning staff and well as the Board? Prior to submitting the actual request for the 25 foot setback reduction? Dennis Hanburg: My packet is not going to change other than the additional operation and maintenance agreement information. Commissioner Pitts: Right. What I want to do is know, that you as the inspector or PUD if they decide to be the inspector and the State are satisfied with the monitoring criteria set up. Randy Durant: Okay, so in other words, submit the request with all of the attached information, for State review. Commissioner Pitts: Right. Before we vote on this motion, I want to know if there is any interest or concern about notifying the neighbors. It's not to my knowledge that we've ever done this before in this kind of a variance. But, we've never granted this sort of a variance before, to 50 feet. And we can hold that on the table until we have an opportunity to talk to Commissioner Brown, if you like, and discuss that. Commissioner Dennison: I don't know what we would do. Okay, if we had a meeting with the neighbors. We don't have a mechanism set up to deal with the neighbors. Basically all we, and, I hear what Peter is saying but I'm not real sure how applicable it is because .. Commissioner Pitts: That it's going to. It's"not going to be this kind of information we want unless they were to hire a professional, in my personal opinion. Commissioner Dennison: I thinks, there's not any way around our bearing the burden of this thing. And, I, well Randy Durant: You don't have to do it. Health Board Minutes: July 15, 1986 Page: 9 Commissioner Dennison: Well, I understand that we don't have to do it. If there's a way to make sure that the property owner is the one that bears the final liability and responsibility for the thing then I'm willing to do it. If there's not, then I am not willing to do it. Okay, now, and that assumes that the County does not have the enforcement capability to be running out there every ten days and checking this thing. So, ah, what it amounts to is it's going to be an extra burden on the property owner, beyond what normally the property owner would have to bear. Any it's going to have to be suitable to give us the assurance we need. And I don't know what it is. Commissioner Pitts: Well, then I think that what we need to do then is to add to the motion that while they're working on the 0 & M that either you (to Randy) or David the Administrator, work with the Prosecuting Attorney to develop that language that satisfies that responsibility. Randy Durant: That's one of the questions Peter had, is that he wanted to have the opportunity to talk with John about that. Commissioner Pitts: So we could add that to the motion, if you choose that while the 0 & M is being developed that on the County side that we develop the criteria, legal criteria by which this person is made responsible. Do you so choose to.. Commissioner Dennison: That's, yes. Commissioner Pitts: I'll second that motion. Is there any other discussion? Hearing none all in favor say aye. Commissioner Dennison and Commissioner Pitts: Aye. Commissioner Pitts: Opposed same sign, (no response) so ordered. Dennis Hanburg: I'd like to ask a couple of administrative questions that were part of the motion. One of them has to do with the second portion of that request. And that was that we're trying to get all of this done before we have to dig that curtain drain, and estimating to dig that curtain drain sometime in October, before the winter rains, and I was hoping to have this toward, or the direction to Randy that we can get everything else taken care of in that time. You know that means I've got to get my stuff done also, but I was looking for some direction from the Commissioners or the Board of Health on that. And secondly, I want to clarify the fee schedule. I see in the fee schedule that $100 submittal, ah, now there was a submittal before but that was several years ago. Ah, in addition to that Randy indicated that he is keeping track of the time that he spent to date on the site, and I was not aware that we have to, that my client has be pay that fee. I was curious of what the policy or direction, again, we could give Randy to what is going to be. Are we all of a sudden going to get a bill for 29 hours of Health Department time at $29.00 an hour? Health Board Minutes: July 15, 1986 Page: 10 Commissioner Pitts: Well, as you know from your time, because you've been here three times and we've spent an inordinate amount of time on this particular problem, and certainly you're not going to be charged for our time. Whatever the time is that Randy has spent on this project, I think that we need to charge out to you and I think that you should know what those charges are. And I think that part of, what you're working on the 0 & M, part of what you're working on the criteria (to Randy) shall be that fee schedule so we can all have that and look at it and be aware of what we're talking about. This, can be based on whatever gradation of fees. Let's not work on that right now, okay. What I want to do is, let's set some sort of a time frame so you'll have enough time to put the curtain drain in, in the best weather, and can we say that within the next month, between now and the next Health Board meeting that we'll have developed those criteria and you can exchange those criteria with us, then we would be able to submit that. You'll know what the fee schedule is, you'll know what the legal implications are as far as the.. Creiz's attorney: This will all take place by the next meeting? Randy Durant: I won't be here for the next meeting, so.. Commissioner Pitts: That means the September meeting. Randy Durant: I don't know when John Raymond's going to, what his schedule is. Commissioner Pitts: Well should we say that it all should be concluded by the September meeting? Dennis Hanburg: Including a response back from the State? Because I think that we can meet that deadline. Commissioner Pitts: Including a response back from the State. So you two are going to have to figure out some sort of guideline and Randy you're going to have to inform David Goldsmith, if you're not going to be here or whatever, to develop the legal criteria with the Prosecutor. Commissioner Dennison: Do you feel that it's unfair that your client, that the time that the Health Department has spent on the.. Dennis Hanburg: Not ah, not the portion of the time. I do feel it would be unfair to include, well let's say a lot of the time up to date, primarily because we have been through this process twice now. That means we've duplicated that time somewhere along the way in there and I feel that some consideration should be made to the fact as to what direction was created or given by the Health Department to begin with and that maybe the time that has been spent to date could be ah.. Criez's Attorney: One thing that I was remanded because the record was and do a lot of things over again. might add to that is that the insufficient, so we had to go And as Mrs. Criez has pointed case back out Health Board Minutes: July 15, 1986 Page: 11 to me, she never knew that they were going to be billed for all of this time. Mrs. Criez: We were never told about any fees. Dennis Hanburg: I think, so I think that some consideration should be made for what has been done so far. Commissioner Pitts: Okay, then I think that certainly we need to discuss that. Commissioner Dennison: Certainly everybody understands what an unusual situation this is, I mean how tight we're, how tight a piece of property we're working with and naturally that's going to create a lot more demand on staff time then a normal, even a normal variance would and, you know I, I hear what you're saying and I think probably that it's, that we can make adjustments for where ever anything has been improperly done, or inadequately done, can be taken into account, but you know when you get into this unusual a situation I think the property has just got to expect to bear a little extra burden of cost. Criez's Attorney: Can you give us any idea where he is right now? Commissioner Pitts: I have no idea. Randy Durant: He's in Juvenile Court. Commissioner Pitts: No, No the fees. Randy Durant: Time, yes I can give you that. Commissioner Pitts: Well we've spent an hour and a half today on this specific problem. We've spent ah. Randy Durant: is not charge be. My intent was, I assumed the meetings wouldn't be, there for these meetings, but time outside these meeting would Commissioner Pitts: Right. Randy Durant: And I have four hours I believe as of the 5th of July. Criez's Attorney: Four hours since the case was sent back? Randy Durant: Since 5/6. Commissioner Dennison: Is that fair? Commissioner Pitts: That's fair? You're shaking your head. Dennis Hanburg: I would say yes, that's, I was envisioning all of the time that we have spent, say two years ago, two and a half years ago. Health Board Minutes: July 15, 1986 Page: 12 Randy Durant: No, that's behind us. Dennis Hanburg: That's behind us. Randy Durant: We didn't bill you for all that. Commissioner Pitts: I think that maybe your attorney is concerned and what we need to do is prescribe what we've had to do extra on this and submit it to you for your review. Criez's Attorney: I think that's all you can do. whether it's fair or not. I can't answer Commissioner Pitts: That's exactly right. Dennis Hanburg: I can say that, I would agree that he spent that much time out there. --Discussion of fees and charges in other counties -- Criez's Attorney: So we're going to next appear, not next month but the following month? Commissioner Pitts: appear. I don't even know that it's necessary that you Dennis Hanburg: We hope that it won't even be necessary if I can resolve this with you and. Criez's Attorney: I hope, I hope that Mr. Raymond will keep me posted on what kind of language that they're putting into this. Commissioner Pitts: Well I hope so to. Right, and I think that what we should do is direct Mr. Raymond to notify you when language is developed so you can review that and if you have problems with it you can certainly come here. Commissioner Dennison: You two can work that out, with John Raymond? Randy Durant: Well, yeah I'll tell David to talk with John too, but I want to be sure and get that motion as soon as I can. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF HEALTH ~LJ B.G. Brown, Chairman John L. Pitts, Member Dennison, Member