HomeMy WebLinkAboutBoard of Health April 4 2006WHATCOM COUNTY COUNCIL
Board of Health
April 4, 2006
Council Chair Laurie Caskey- Schreiber called the meeting to order at 10:30 a.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Barbara Brenner Dan McShane
Sam Crawford
Seth Fleetwood
Carl Weimer
L. Ward Nelson
1. PUBLIC SESSION
George Herman, 445 West Lake Samish Drive, Bellingham, stated that for many
years, signs have been up at swimming pools about taking a shower before entering the
pool. Recently, his wife and others at a local health club got an itch. He's been talking to
Dr. Stern about the signs. He created a sign (on file) that reminds people to wash with
soap before entering the pool, so there is a reduced need for chemicals. He would like the
Board to make a decision on posting better signs.
Nelson stated the Public Health Advisory Board could also discuss this issue and
make any necessary recommendations.
Regina Delahunt, Health Department Director, stated signs are required and posted
right now, but they seem to have become invisible. Mr. Herman has a good point. It's an
attempt to get people to pay attention.
Caskey- Schreiber stated they could educate people about reducing chemicals.
Geoff Menzies, Drayton Harbor Shellfish Protection District Advisory Committee,
submitted a component portion of the Drayton Harbor status report from August 2005 (on
file). It deals with onsite septic systems (OSS). As the County Health Department develops
the local plan for dealing with OSS, the advisory committee wants to bring forward specific
concerns. Advisory committee members sat on the Onsite Septic Subcommittee. The
subcommittee identified areas that pose an increase to public health risk. Within those
areas are shellfish protection districts. Subareas of the districts are sensitive areas. The
onsite subcommittee established rough criteria to identify those sensitive areas, but it will
have to be a part of the local plan. The subcommittee wanted a technical committee to
determine those sensitive areas.
Become familiar with House Bill 1458, which requires the County to identify and
repair all known and unknown septic systems by 2012. This is now a State requirement. At
the end of this process, he was told that the Washington Association of Counties spoke
against this legislation. He hopes Whatcom County isn't opposed. The legislation provides
a date by which they must deal with the problems. It also provides State guidance to
develop the local plans, and talks about marine recovery areas.
Board of Health, 4/2/2006, Page 1
1 Now the State Department of Health is doing a shoreline survey of Drayton Harbor.
2 It's been 12 years since the last survey. It's one of the components used to classify
3 shellfish growing areas. It is a very brief, one -day snapshot of the area. The survey
4 includes septic systems and pasture management practices. A survey will result in a report,
5 but it's not a replacement for a more aggressive program in Drayton Harbor.
6
7 The record in Drayton Harbor shows that many soils pose severe restrictions to OSS
8 systems. He is glad to see the Public Health Advisory Board recommendation for the
9 requirement of a functioning system at the time of property transfer. He recommends that
10 the Board consider adding a reference to the Drayton Harbor plan. Add an additional
11 Whereas statement. He will propose language. Recognize that this has been a
12 recommendation of the Drayton Harbor Shellfish Protection District 2000 Status Report and
13 Water Recovery Plan. Make sure the County looks at House Bill 1458. Figure out how to
14 make it a positive, not a negative, for the county.
15
16 There is good news. Drayton Harbor is still conditionally approved at 500 acres. The
17 rainfall closure amount has been increased from 1/2 inch to 3/4 inch. The community just
18 harvested 64 tons of oysters. It enables the transition back to a viable, commercial
19 operation in a portion of the harbor.
20
21 They are focusing efforts now in the upper watershed. Two key areas are livestock
22 waste and onsite septic systems. If they can solve those problems, more of Drayton Harbor
23 will be recovered for commercial, tribal, and recreational harvest. Last year, there were 21
24 closures, for a total of 120 days that were unsafe shellfish harvesting. It would have only
25 been about five or six closures. Most buyers can live with that.
26
27 Fleetwood asked what the issues of concern will be once the livestock waste and
28 onsite septic systems are dealt with. Menzies stated growth and urbanization is the long -
29 term threat. Get a new treatment plant in place for Blaine. Stormwater management of
30 existing urban areas is an issue.
31
32 2. PUBLIC HEALTH STORY: DESIGNING HEALTHY COMMUNITIES
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34 Regina Delahunt, Health Department Director, introduced Physical Activity Director
35 Nicole Willis. This week is National Public Health Week. She submitted information (on
36 file). This year's theme is Designing Healthy Communities: Raising Healthy Kids. Attend
37 the Health Department celebration walk for National Public Health Walk this Friday.
38
39 Nicole Willis, Physical Activity Director, submitted the first new walking map of a
40 neighborhood in Bellingham. The maps can provide information about safe walking paths.
41 Part of her duties includes coordinating the Whatcom Physical Activity Coalition. The
42 coalition came up with the idea for walking maps, and includes over 20 organizations
43 countywide. It wanted to create an affordable program for walking maps that also
44 emphasizes the importance of physical activity. The first map is of the Happy Valley
45 neighborhood. The committee set up standards for the walking map, including pedestrian
46 friendly routes, points of interest, walking routes, reasons for walking more often, and the
47 maps must be free and accessible to community members.
48
49 The coalition walked the neighborhood to develop the routes. They identified safe
50 routes. A Western Washington University student helped to determine the length and
51 safety of each route. Once the coalition established the routes, it recruited residents and
52 the neighborhood association to be map testers. They found some routes weren't as safe as
53 they wanted. They also found a bunch of connector trails. It was helpful to have input from
Board of Health, 4/2/2006, Page 2
1 neighborhood residents to develop the final map. The walking routes include a variety of
2 distances and levels of difficulty.
3
4 The support for the walking maps was great. Many businesses in the area are
5 distributing the maps for free. There is much demand for the maps. Five other
6 neighborhood associations have asked to have maps of their own. The coalition has more
7 work to do.
8
9 The biggest thing the coalition learned was that it needs more community
10 involvement. Neighborhood residents are the experts of their neighborhoods. It's best to
11 go to them first. Therefore, the coalition will create a toolkit so communities can begin to
12 create their own maps.
13
14 To secure funding, the Health Department applied for a group health grant that will
15 help fund ten new maps. With the toolkits, the coalition can expand the project to other
16 communities in the county.
17
18 The best part of the project is that it created wonderful partnerships in the
19 community. They are now working on two new projects, including a summer program for
20 families and a project to promote safe walking routes to school.
21
22 Nelson stated add historical sites as points of interest on the map. The
23 neighborhood could put together a separate brochure highlighting the history of the
24 neighborhood. Also, neighborhoods may want to host Volksmarches.
25
26 Brenner stated the walking points on the map are all developed things. There are
27 pretty areas that would be neat points of interest. Willis stated allowing the neighborhood
28 should have ownership in picking the areas, also.
29
30 3. ONSITE SEWAGE OPERATIONS AND MAINTENACE AT PROPERTY TRANSFER
31
32 Regina Delahunt, Health Department Director, stated the Board of Health discussed
33 an amendment to the existing ordinance now, rather than wait for a complete revision in
34 order to require that this happen.
35
36 John Wolpers, Environmental Health Manager, stated the Board asked that the
37 Health Department develop a method for accomplishing operations and maintenance (O &M)
38 of onsite septic (OSS) systems at the time of sales and property transfers. He found that
39 only two other counties do this. He used the Pierce County program as a model. A
40 program like this isn't 100 percent compliant. Compliance is 80 to 85 percent. Some
41 properties tend to get through and not have O &M done during the time of the sale.
42 Probably those are cash transactions.
43
44 Enforcement is key to making sure this happens.
45
46 Crawford asked if all they are talking about is proactive program for ongoing
47 inspection. Wolpers stated they are. This issue is just about the property transfer process.
48 That is one small segment of the overall maintenance and operations program the
49 department is developing.
50
51 The Public Health Advisory Board didn't reach a consensus on this issue. It voted
52 unanimously to recommend to the Board of Health that the system must be in compliance
53 with permit requirements at the time of sale if the system is not permitted.
Board of Health, 4/2/2006, Page 3
Brenner stated she recommends that the language be amended, "8. Ensure that a
current Report of System Status of any onsite- system issued by the WCHD...." Make sure
it's clear that they aren't talking only about aerobic systems. Wolpers stated changes may
happen as the Statewide rules and regulations change in 2007. For now, the existing
language is what they are putting forward.
Fleetwood asked the concerns expressed by advisory board members who didn't
support the proposed requirement. Wolpers stated some members were concerned about
individuals who have had a working system without a permit for 30 years. The concern was
why those individuals should have to get a permit when they sell their homes.
Fleetwood asked if it was a fairness issue. Wolpers stated he believed that was it.
Delahunt stated some people felt that if the system works okay, and is without a
permit on file, it should be continued as it is. However, staff feels that to issue a permit,
the system must meet current standards. The requirements 30 years ago are totally
different from what they are now. If owners don't have permits, they need to get a licensed
designer who can assess the system to provide an as -built diagram. If the systems meet
current requirements, the department will issue permits. If not, the owners must bring the
systems up to current standards or put in a new system. There are about 30,000 systems
in the county, 10,000 without permits. In the future, the County may have to require it for
everyone. Requiring it at time -of -sale is ideal for bringing up the system upgrade.
Crawford stated that as long as there is disclosure, real estate is sold as -is. He
asked if there is any requirement through a real estate transaction for anything else to be
brought up to code. Wolpers stated there is not, that he is aware of.
Crawford stated Whatcom County will require more than disclosure. It will require
that the product is up to a certain standard. Wolpers stated that is correct. There has to be
assurance that the system is operating correctly and has been maintained properly, and has
met all permitting requirements. If it doesn't, these are the actions that are required to
complete the transaction.
Crawford asked if the State hasn't said that the County must do that. Wolpers
stated that is correct. By 2007, the County must have a management plan that ensures
operations and maintenance in Whatcom County will be carried out. The idea of the
requirement at the time of property transfer was brought to his attention by the Board at
the November meeting.
Delahunt stated new State regulations provide locals the authority to develop a
program like this.
Crawford stated septic design is expensive.
Caskey- Schreiber stated cleanup is also expensive.
Delahunt stated a new system would cost $3,000 to $10,000 or more. This item is
just a draft right now.
Nelson stated they have to look at costs. This would impact people with fixed or
limited incomes. The sales mechanism is appropriate to alleviate concerns. There may be
other high priority areas for which the County could develop a funding mechanism.
Board of Health, 4/2/2006, Page 4
Brenner stated this draft allows for a septic upgrade within six months after the sale.
If buyers wants to take over the burden, they have six months to bring the system up to
code. The onus is on the seller. It is about disclosure. Every title in Whatcom County with
an onsite sewage system should be noted. People should understand what they are getting
at the time of sale. The title should note that the seller must ensure that the OSS system
must be currently approved.
(Clerk's Note: End of tape one, side A.)
Crawford stated the title, or deed, doesn't disclose improvements. The County can't
tell a title company how to make their reports. Delahunt stated she agreed. They can't do
it through the title companies.
Brenner stated they could make it like a lien.
Crawford stated a septic system is a changing thing. A deed normally describes a
piece of real estate. The status of a septic system is not permanent. It is subject to
maintenance and change. It is not appropriate for a recorded document.
Wolpers stated another hurdle is to continue to educate the realtors and title
companies. Make sure this will be a requirement. Also, buyers have 90 days, not six
months to do bring the system up to code.
Brenner asked if there is any requirement about the quality of well water at the time
of sale. Wolpers stated it depends on the lending institution.
Delahunt stated the seller must disclose information about the water system,
including a current analysis, on single - family residential units. It's not a foolproof system.
Crawford stated the State has requirements for disclosure already. The status of the
sewage system is one of those disclosures already. Disclosure is to the best of the owner's
knowledge. It is not the Health Department's disclosure.
David Davidson, Public Health Advisory Board, stated two identical homes side by
side may have identical systems and have done identical maintenance, but only one is
permitted. The question is whether it's fair that one person must replace a septic system
just because it doesn't have a permit, when the other person isn't required to do so. Also,
systems that are permitted, but not up to current code, don't have to be brought up to code
at the point of sale. In all instances in which there is any kind of a problem with a system
functioning, the system must get fixed.
Delahunt stated permit records go back to 1970 or 1972.
Crawford asked how people find out of they have a permit. Delahunt stated people
can call the Health Department to find out if they have a permit on file.
Caskey- Schreiber stated it would be a great opportunity to educate people about
septic system maintenance.
Fleetwood moved to introduce and hold a public hearing.
Board of Health, 4/2/2006, Page 5
Brenner stated that instead of having to replace something that doesn't have a
permit, require a licensed review to see if it's working fine. Wolpers stated that now, a
licensed designer would look at the system and do a system check. If the system meets
current code, the owner is not required to put in a new system.
Brenner stated that is different from performance. The system could perform fine
even though it doesn't meet code. Delahunt stated the code has changed over time. The
biggest factor that has changed is the vertical separation between where the sewage hits
the soil and the groundwater. That distance has changed significantly over the years. Even
though a system may appear to be fine, it could impact groundwater.
Nelson stated that when a house with one resident is sold, the system may work
fine. If the house is sold to a family of six, it may not work fine.
Brenner stated that if that happens, it will show up during the maintenance and
operation process. Deal with the glaring problem rather than meeting current code. There
are different soils in the county. She feels strongly that a person's rights not infringe upon
someone else's rights. If a licensed expert says there isn't a problem, that's a good
indication.
Weimer stated there is no way to figure out the actual performance of an OSS
system. It's best guess only. People would love this program to be performance- based.
He asked if there is no way to have a performance -based process. Wolpers stated that is
correct. The County must protect groundwater. The way to do that is for people to follow
the code at the time they install an OSS system, including a permit, a licensed site - specific
design, and a proper installation. If there isn't a permit, the department has no record of
what was put into the ground and whether installation was done right.
Weimer asked if they will catch the other systems later on, to meet the State
requirement by 2012. Wolpers stated staff will bring forward a management plan by the
end of the year. Also, staff is revamping all of Whatcom County Code 24.05, which is the
OSS, including operations and maintenance to meet the State requirement. This is one
piece of the O &M process that staff is trying to develop. It's not the entire program.
Weimer stated he is fine with this, as long as there is a program to catch a permitted
system that is failing.
Delahunt stated she hopes the revised code will be before the Board at it's meeting
in August.
Brenner stated the definition talks about determining the level of solids in the septic
tank. That is a performance measure. Wolpers stated another way a sewage system can
fail is direct discharge into groundwater. The reason for this is to protect the groundwater.
Another performance standard would be whether there is discharge into groundwater.
Delahunt stated there is no way of knowing operationally that discharge is
happening.
Crawford moved to amend the ordinance to add the Whereas ,, W statement from Geoff
Menzies, "Whereas, the Drayton Harbor Shellfish Protection District status report and water
recovery plan recommends that a residence not served by a municipal sewer system have a
functioning septic system prior to finalizing all real estate transactions."
Board of Health, 4/2/2006, Page 6
Motion to amend carried unanimously.
Fleetwood stated his motion is to introduce and move to a hearing, consistent with
staff recommendations.
Delahunt stated it will be about four weeks.
Motion carried unanimously.
4. PUBLIC HEALTH STANDARDS SITE REVIEW RESULTS
Regina Delahunt, Health Department Director, stated staff and the State reviewed
the County's efforts to meet the State's public health standards. The resulting report
indicates how Whatcom County compares with other areas in the State. Whatcom County
did fairly well when compared to its peer counties, and better than all jurisdictions
combined. The standards are flexible. The State doesn't envision that all local health
districts meet all the standards. Some standards are difficult for local jurisdictions to meet.
In many cases, the County is doing things to meet the standards, but aren't documenting
what they are doing. State legislators are looking at what the local public health
jurisdictions need to meet the standards.
She read the County's strengths and areas for improvement from page eight of the
Board's packet. The department will try to focus on program evaluation. Susan Sloan is
the Health Information Specialist, and will work on program evaluation training for staff.
People in the programs will think about evaluating their activities and programs internally.
Also, a few programs will be pilots for evaluation. She read the list of 2006 Improvement
Goals on page 11 of the Board packet.
Brenner asked what other kinds of things the County did in the area of the oral
health coalition, besides the initiative that didn't pass. Delahunt stated there are many
other things the coalition is working on in relation to children, including sealant programs
for children and elder adult oral health. An oral health summit is planned to look at other
options in June.
S. COMPREHENSIVE HEALTH PLAN
Nelson reported for the Public Health Advisory Board. Chris Phillips from the
advisory board is helping on the idea of a comprehensive health plan. The County doesn't
have a comprehensive health care plan. Many people in the community are working on
healthcare issues and come forward requesting funding. The County uses comprehensive
planning to move forward in the community. Comprehensive planning should be done with
health care, also. The plan should go into depth about what is available in the community,
and then set priorities. Make it a collaborative effort with the entire community.
Mason County put a chapter into its Comprehensive Plan for land use issues. Others
think a comprehensive healthcare plan should be separate from a comprehensive land use
plan. Do a separate plan dealing with healthcare issues.
Regina Delahunt, Health Department Director, stated there will be a joint Board of
Health and Public Health Advisory Board meeting June 27 to discuss this project. It's a big
project. The advisory board would work on this plan with the department and community.
Brenner asked what health issues the County doesn't have jurisdiction over.
Board of Health, 4/2/2006, Page 7
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Nelson stated one example is fluoridating city water. The community needs a
collaborative effort with other jurisdictions on several issues. Look at goals and objectives
for certain areas, what they've done historically, and what they are doing now. That plan
will help focus the County when funding programs.
6. PANDEMIC INFLUENZA PLANNING UPDATE
Regina Delahunt, Health Department Director, stated workgroups have been meeting
to discuss this issue. There are core issues shown on Board packet page 13. Some of the
core issues can be accomplished within six months. Members of the group are working to
complete them. Other issues are longer term. At the end of six months, the workgroups
will have a plan to address the long -term issues. In the end, there will be a plan that
includes real agreements for how to deal with pandemic flu.
Brenner stated she is on the task force and in one of the work groups. It's difficult to
get a handle on this issue.
Nelson stated he attended a presentation by Washington State Nurses Association
regarding disasters and diseases. Health department nurses also attended. They gained a
lot of information. There was a study done by the private sector on wholesale and retail
grocery food services industries preparing for a pandemic. He is making notes on local
pharmacy activities to prepare for a pandemic. He has a long list of items to discuss
already.
Brenner stated they should work with insurance companies to allow patients to have
a certain excess amount of medication that is available during crises.
Caskey- Schreiber stated there was a great article on restaurants inspections in the
newspaper.
ADJOURN
The meeting adjourned at 12:00 p.m.
Jill Nixon, Minutes Transcription
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Board of Health, 4/2/2006, Page 8