HomeMy WebLinkAboutBoard of Health June 7 1994WHATCOM COUNTY COUNCIL
Special Meeting
June 7, 1994
The meeting was called to order at 4 p.m. in the Council Chambers, 311 Grand
Avenue, by Chair Robert Imhof.
Also Present: Absent:
Barbara Brenner None
Marlene Dawson
Larry Harris
Alvin Starkenburg
Ken Henderson
Ward Nelson
BOARD OF HEALTH
REPORTS FROM DR. FRANK JAMES, HEALTH OFFICER, AND FOLLOW -
UP TO REQUESTS MADE AT THE LAST HEALTH BOARD MEETING
(AB94 -316)
(Maximum time allowed for this meeting. SO minutes)
(Clerk's Note: Please see attached g. � minutes � trans �healthbd. 607 for transcript.)
Respectfully submitted,
erstin M. Bail y, Transcri ionist
These minutes were approved by the Council on July 12, 1994.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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DRAFT
TRANSCRIPT
OF THE
WHATCOM COUNTY COUNCIL SPECIAL MEETING
BOARD OF HEALTH
TUESDAY, JUNE 7, 1994
Robert Imhof - Council Chairman
I call this meeting of the Whatcom County Health Board to order. It is June 7, and we
have an agenda in front of us. We need a roll call. Would Mr. Clerk please call the
role?
(Bob Woods - Acting Clerk - Roll Call, all present)
Robert Imhof - Council Chairman
We are here. Okay, the first item on the agenda is attachment one, and Dr. James, I
guess that's in your ball park. Would you take it away, and we'll see where we go.
Dr. Frank James - Health Officer
Thanks, Bob. There's actually one prior item, if you don't mind. I did receive a letter
from Ramona Reeves, and I believe you all received copies of it, about staffing and
organizing these meetings. She makes some very good points. I think it would be more
appropriate for Health Department staff to record the meetings, as well as provide some
of the other support services, so that Mr. Clerk wouldn't be burdened with that. It is
called for in the statutes. At your pleasure, actually, but the interpretation that I've got
at least, is that I'm your executive secretary for these meetings as well, so you can rely on
me for typing and spelling and so on, that sort of thing.
(Laughter)
Dr. Frank James - Health Officer
Seriously, though, I think it would be appropriate for Health Department staff to do the
advertising, to staff the meetings, to produce the agendas, to produce the minutes, to run
the tapes of the meetings, as well as to develop a filing system. I realize that some of
the concerns that Ramona had are very valid ones. We already have all the Health
Board minutes and tape recordings for years and years ago in the Health Department.
We're responsible for keeping them in accordance with all the laws. So, with your leave,
perhaps I would recommend that we accept Ramona's recommendations, generally, so
that in fact, our staff does these things, which is more effective. I would, however,
recommend that we have them here, in that this is a convenient location for you.
Although I understand the sentiment of her comment, I think it would be appropriate to
still have them here, since the recording materials and all that are here. Would that be
acceptable to the Health Board?
Whatcom County Board of Health Meeting, June 7, 1994, Page I
Barbara Brenner - Council Member
I understand that you want it done this way, but doesn't that take up staff time, and time
is money? It seems to me, the most expedient, cheapest way we can do this is probably
in the best interest. I didn't see your letter. I just saw Ramona's. I still don't
understand why this worries you so much.
Dr. Frank James - Health Officer
No, in fact, my staff make up the agendas and do the preparatory material anyway, and
then we transfer it over to Ramona. The concern was about some of the forms that are
used, like the agenda bill form. It's really not a Health form. It's something that
belongs to the County Council and isn't necessarily appropriate. Working with her, we
tried to modify that form to make it appropriate for this use. It became quite confusing,
because then you had two forms that were similar, but not the same. Since most of that
work is already done by my staff, I just thought it would be appropriate to have us learn
how to click the tape player and also do some of the record - keeping, which, traditionally,
has always been done at the Health Department. All the records are there, too.
Barbara Brenner - Council Member
All I'd like to do is find out from Ramona, or do you know, Bob? Is that going to be
inconvenient for our staff at all? Is what we're doing now legal? If it's legal and we
aren't broke, I just don't see what the problem is.
Bob Woods - Budget and Program Analyst
I haven't been a privy to the conversations. I think if you need to talk to Ramona, you
should. My understanding is that the County Council is the Council, and they sit as the
Board of Health. That doesn't divorce you from being the Council at the same time.
Barbara Brenner - Council Member
Right. I'd rather check with Ramona.
Kenneth Henderson - Council Member
I would like to comment. In the other departments, in Combined Treatment, Substance
Abuse, Developmental Disabilities, those meetings are staffed and taken care of by the
staff for those departments. We all sit on various positions there, and the question is, is
it advantageous to take advantage of the expertise of the Health Department in staffing
these meetings. My inclination is to accept that offer.
Barbara Brenner - Council Member
But Ramona's letter also indicates that it needs to take place somewhere other than the
Council Office.
Kenneth Henderson - Council Member
Why?
Whatcom County Board of Health Meeting, June 7, 1994, Page 2
Barbara Brenner - Council Member
I don't know. That's why I say, we really should check with her before we make a
decision.
Dr. Frank James - Health Officer
That was the one thing I thought really wasn't a wise recommendation. The others, I
think, are very prudent and appropriate.
Barbara Brenner - Council Member
And you would be willing to advertise and do all that?
Dr. Frank James - Health Officer
Sure.
Barbara Brenner - Council Member
Okay, well, let's just talk to Ramona about it before we do anything. I feel she should
be part of the discussion.
Robert Imhof - Council Chairman
And I think that's one thing we don't have to do tonight. But it's a good thing to get
into the hopper. Let's follow up on it with Ramona, and we can get back with Dr.
James, and if there's problems we can kick those around, iron them out, and decide what
we want to do then.
Dr. Frank James - Health Officer
Your pleasure. Whatever you like.
Marlene Dawson - Council Member
Although, there's probably a consensus to go forward with what he suggested, don't you
think?
Robert Imhof - Council Chairman
Well, there's no great hurry. It's gone this way for a few years, so why don't we check
and make sure we do it correctly the first time.
Kenneth Henderson - Council Member
So, the questions are whether we would have the meeting here... were there other
questions raised?
Barbara Brenner - Council Member
Yes, did you get that letter?
Kenneth Henderson - Council Member
I didn't see that one.
Whatcom County Board of Health Meeting, June 7, 1994, Page 3
Barbara Brenner - Council Member
Other questions concern advertising, staffing, and the Health Department's
responsibilities.
Robert Imhof - Council Chairman
I don't think the location of a meeting has a whole lot to do with it. I think this was
built for meetings. There's not very many places to hold meetings.
Kenneth Henderson - Council Member
I guess that's my point. If there isn't any questions coming up, why don't we make a
decision?
Robert Imhof - Council Chairman
Well, rather than just by letter, I would like to get Dr. James and Ramona together and
just sit down at the table and say, "Okay, why is there a problem ?"
Dr. Frank James - Health Officer
I actually haven't talked to Ramona about it. I just got the letter just recently. Again,
they are her suggestions, and I concur that that would be appropriate.
Robert Imhof - Council Chairman
Okay.
Dr. Frank James - Health Officer
One of the things is, we're just getting back into meeting as a Health Board. It's going
to take some time to get on our feet. I'm more than happy to work with Ramona to
resolve them to her satisfaction and our satisfaction. I'm just saying that we have
traditionally always done that for the Health Board, and we're more than happy to do it.
Robert Imhof - Council Chairman
We could get rid of some of the work at our office!
Dr. Frank James - Health Officer
We also already do most of the preparatory work now, and it might make more sense for
us to provide that continuity.
Robert Imhof - Council Chairman
Instead of duplicating the effort.
Barbara Brenner - Council Member
Bob, how about just having Dr. James and Ramona sit down and work it out? That
sounds good to me.
Whatcom County Board of Health Meeting, June 7, 1994, Page 4
Robert Imhof - Council Chairman
Yes, and maybe myself. We can sit down and work out the details of it. Then we can
bring it back to the Council. Okay, let's do that.
Dr. Frank James - Health Officer
The next thing on the agenda, as you review the laws of the Health Board, is you need a
Chairman. I certainly would defer to you organizing that however you like, but one of
the things that it does say is that you need to elect a Chairman. Not that Mr. Imhof, the
Chairman now, wouldn't be a good Chairman. But you need to select him, and the
period that he would sit for would be one year. It might be appropriate to have
someone else as Chairman. Really, again, that's your pleasure. But one of the things we
should do is select a Chairman for the Health Board, and that's something that the RCW
says we are supposed to do.
Robert Imhof - Council Chairman
But isn't there also some conflict under the County Charter?
Dr. Frank James - Health Officer
No, the only difference is that in a Home Rule Charter, the Administrative Officer who
becomes the Executive Secretary for the Board of Health, can be an Administrative
Officer appointed by Shirley Van Zanten, who ends up being me. I'm both the
Administrative Officer and the Health Officer of the County. So here, I'm afraid you
don't have a lot of choice. You're kind of stuck with me, and the Home Rule Charter,
by my interpretation, makes me both halves. I'm the person that has to do the support
work and staff work for this Committee. And again, that seems appropriate to me.
Robert Imhof - Council Chairman
Okay. Yes?
Barbara Brenner - Council Member
Maybe it's best asked, who wants to be Chair?
Kenneth Henderson - Council Member
I would like to comment that. I don't think it should be a thing based on preference or
assignment each year. It's my sense that it should either be the Chair of the Council or
it should be the representative to the Health Advisory Board. Also, it should be set up
as a policy, that when you accept it, that's the role that you have.
Robert Imhof - Council Chairman
It's just one of your duties.
Barbara Brenner - Council Member
Yes.
Whatcom County Board of Health Meeting, June 7, 1994, Page 5
Kenneth Henderson - Council Member
I have no preference as to which way it goes.
Marlene Dawson - Council Member
That sounds like a good idea.
Robert Imhof - Council Chairman
What is the preference of the Council?
Marlene Dawson - Council Member
To have the Health Advisory Representative.
Robert Imhof - Council Chairman
Okay, further comments?
Larry Harris - Council Member
(The Health Advisory Representative) Yeah! I think that...
(Laughter)
Ward Nelson - Council Member
We know who it is now!
Barbara Brenner - Council Member
We almost sent that through fast, didn't we?
Robert Imhof - Council Chairman
Caught him napping!
Larry Harris - Council Member
Well, just to be on the other side of the argument, for whatever reason ... I don't know.
Okay.
(Laughter)
Robert Imhof - Council Chairman
Well, you know, the only thing you'd have to do is touch base with the scheduling.. .
Larry Harris - Council Member
Well, it'd just be a lot easier if you did it! I think that's the easiest thing.
Robert Imhof - Council Chairman
That's probably true.
Whatcom County Board of Health Meeting, June 7, 1994, Page 6
Larry Harris - Council Member
The most uncomplicated thing is to have the Council Chair.
Dr. bank James - Health Officer
As a point of information, on the other side, since Larry does come to the Health
Department Advisory Board meetings and there is a certain amount of continuity
between issues, it would also facilitate bringing those issues to that Board and back to
this Board, if Councilman Harris were the Chairman. But, your pleasure.
Robert Imhof - Council Chairman
Well, it's six of one, half a dozen of the other.
Barbara Brenner - Council Member
Well, Bob, what do you think about it, because you have a lot of stuff on your plate as
well?
Robert Imhof - Council Chairman
It matters not to me. It would be easier to schedule. Like tonight, I can just schedule it,
but all it takes is a note from Larry.
Barbara Brenner - Council Member
It doesn't sound like Larry is really.. .
Marlene Dawson - Council Member
But he does a good job. I've seen him in action.
Barbara Brenner - Council Member
Okay, I'm going for him.
Robert Imhof - Council Chairman
So the motion is to...
Ward Nelson - Council Member
I haven't heard a motion.
Robert Imhof - Council Chairman
Wasn't that a motion?
Kenneth Henderson - Council Member
That is a motion, that the representative to the Health Advisory Board chair the
meetings of the Board of Health.
Robert Imhof - Council Chairman
Okay. That is the motion.
Whatcom County Board of Health Meeting, June 7, 1994, Page 7
Barbara Brenner - Council Member
The reluctant Chair.
Robert Imhof - Council Chairman
All those in favor of the motion signify by saying, "Aye ".
(Unanimously, "Aye ")
Kenneth Henderson - Council Member
I'm sure next year, in return, Larry will be undoubtedly nominating me for the Health
Advisory Board .
Ward Nelson - Council Member
Campaigning for you as well!
Robert Imhof - Council Chairman
Okay, we've got that item settled.
Dr. Frank James - Health Officer
The next several agenda items are items returning to you from the prior meeting. The
first is a public notification policy, which went forward to the Health Department
Advisory Board, who had a meeting about it. They discussed it, actually, rather
extensively and made some recommendations about it. In addition, the other thing that
was done was that we contacted a number of other health departments to find out what
policies they had. That forms the draft proposal which has been put forward in our
standard policy format. I'll just point out that this may not have the sharp teeth that
some of you may have intended. It turns out that it is really difficult to describe all the
details in a way that you can prescribe ahead of time how these decisions should be
made. I believe that's a fair way to say it. A considerable amount of discretion still
remains. You can't simply specify everything in a crisp policy. If you've had an
opportunity to read it, I'd certainly entertain questions. Chairman Harris was also there
at these discussions.
Larry Harris - Board Chairman
I might say that we talked about this at some length at the Advisory Committee. Certain
things that seemed obvious at the beginning of the discussion turned out not to be as
obvious as we got into it. There are many aspects of it that aren't obvious at first glance,
so we were quite comfortable with what was produced here in the end, although it does
leave a lot of things to the discretion of the Health Department.
Barbara Brenner - Council Member
Bob?
Whatcom County Board of Health Meeting, June 7, 1994, Page 8
Larry Harris - Board Chairman
Yes?
Barbara Brenner - Council Member
Oh, that's right.
Larry Harris - Board Chairman
Hey, you put me here!
(Laughter)
Barbara Brenner - Council Member
Now I'm going. to suffer for it! So basically, from what I've read, it's been policy that
you were using before. There's nothing different.
Larry Harris - Board Chairman
Actually, no. There isn't, quite frankly. It's very similar; it's a written policy, rather
than an implied policy. That's the difference. The problem is that there are many cases
that look the same on the surface, but when you delve into them, they're different and
could be decided differently. It is a balance between the public interests and the private
interests, as there are in many cases. We need to protect to the absolute maximum
extent private interest's policy, while preserving the public's interest as well, and that's
just something that isn't easy to do. Sometimes it might be perfectly appropriate to
announce the name of a restaurant that was involved, say in a food -borne exposure. In
other cases, it would not be. It just isn't possible to specify all the details of when you'd
go one way and when the other.
Barbara Brenner - Council Member
Okay, I can appreciate that. The problem I had, which is why I brought it up originally,
is that I don't see that we're playing by the same rules at all by treating everybody kind
of equally. To say that E coli originated at the Bellingham Daycare Center, which had a
horrible, negative impact on that facility, rather than Measles.. .
Dr. Frank James - Health Officer
Can I just clarify the record for that, since this goes on the record? The Health
Department did not ever state what you just stated. We have never said that E coli
emanated from any daycare.
Barbara Brenner - Council Member
I was told by a member of the staff there that...
Dr. Frank James - Health Officer
I realize that there are people on the staff that believe that, but I stand by the record
Whatcom County Board of Health Meeting June 7, 1994, Page 9
and would invite you to come and look at that record with me, and we tried to track that
with them.
Barbara Brenner - Council Member
Okay.
Dr. Frank James - Health Officer
And I know they feel victimized; they feel a lot of things. And when children die as a
result of infectious diseases, there's a lot of room for guilt. Everybody feels bad about it,
and it's hard to take on responsibility.
Barbara Brenner - Council Member
So you acted the same way at that time about the facility as...
Dr. Frank James - Health Officer
We did not specifically identify that facility and would not.
Barbara Brenner - Council Member
Alright, I understand that.
Larry Harris - Board Chairman
Any other questions on this. Ken, I saw your hand a moment ago.
Kenneth Henderson - Council Member
Well, in having a business myself, which might come under this rule sometime, I still
question whether the Health Department shouldn't be notifying people. I can see where
the problem would arise, and in some cases, it may not have a relative value to be
noticing the public. So, I suppose that we will just hope that that will work. But it does
worry me a little bit. Was there a discussion of the concept of having a phone
information, if it were not publicly announced. I guess, if you tell one person, it's out.
Dr. Frank James - Health Officer
Tell one person, and it's a public announcement.
Kenneth Henderson - Council Member
Yeah, I suppose.
Robert Imhof - Council Chairman
I think you have to also give some discretion to the Health Department to do what they
think best. That's what their expertise is.
Dr. Frank James - Health Officer
I trust that you know that if we're ever really stuck and don't know what to do, I'll come
and lay it on your lap. Guaranteed.
Whatcom County Board of Health Meeting June 7, 1994, Page 10
(Laughter)
Dr. Frank James - Health Officer
Because some things are policy decisions. No, I mean your lap. The big lap.
(Laughter)
Larry Harris - Board Chairman
We have broad laps. Yes, Barbara?
Barbara Brenner - Council Member
I appreciate all the work you do, and it's just a philosophical problem that I have. How
are you going to measure the protection of these private businesses or people, with the
public anxiety of the people who want to know, but aren't told. I feel that there is no
excuse for not letting people know, if you know where something comes from. If you're
not sure, I can see not making it public. But if you are sure where it originated, I really
feel we are obligated to let the public know. I feel very strongly about it.
Larry Harris - Board Chairman
Alvin.
Alvin Starkenburg - Council Member
Based on the fact that this is much different than most cases we deal with, I think each
one needs to be handled on its own merits. And I think that's what we have before us.
Larry Harris - Board Chairman
That's where the judgement comes in.
Alvin Starkenburg - Council Member
Based on that perspective, I think it's necessary to go with this type of a document in
order to cover it, because each one has to be looked at separately.
Dr. Frank James - Health Officer
One thing I'll point out is that our practice is pretty effective. We have, in the past five
years, been through some very, very difficult and trying times in this community. A small
religious community potentially had polio in it. We've had the measles exposure; we
had the Haggen's event. We've had a lot of different things, and we actually have not
had serious complaints, generally, about that. I'm not going to tell you that we're going
to do it perfect every time, because I know that we can't be perfect every time, but I
think we have an extremely good track record in this area so far. I think our practice is
sound.
Larry Harris - Board Chairman
I think that it's really important to remember that public health's policy and public
Whatcom County Board of Health Meeting June 7, 1994, Page 11
health's action is not the same as we would expect from a political body. Public health
policy is in a different arena. It involves important public opinions and anxieties and
those kinds of things. Bob?
Robert Imhof - Council Chairman
I'll move acceptance of the policy for public announcements as presented.
Larry Harris - Board Chairman
It's been moved that the public policy announcements be accepted.
Marlene Dawson - Council Member
I'll second that. I guess we're not doing seconds.
Larry Harris - Board Chairman
Do we have discussion? Barbara?
Barbara Brenner - Council Member
I have one other comment. I really do think that public is the word, not private. When
you start to keep people's names out of it for private reasons, it's not for public reasons.
These are private places for which we end up keeping people's names private, and it's
public anxiety we're sacrificing for it. So, I just.. .
Robert Imhof - Council Chairman
I don't understand what you're trying to say. Explain!
Barbara Brenner - Council Member
Okay, well, it happened with the measles outbreak.
Robert Imhof - Council Chairman
Okay.
Barbara Brenner - Council Member
I had a lot of phone calls from people who were very concerned about whether or not
their children or someone else's children were at risk. One person I know, her daughter
had just been given chemotherapy, quite extensively. She would have to be in a very
restrictive environment if she was risking exposure. She didn't know. Her daughter has
been kept inside so much anyway. It's terrible not to be able to know those things and
to force her to keep her daughter in for that period of time without even knowing if it
was necessary. And it turned out not to be necessary. And there are people, for one
reason or another, religious reasons or whatever others, who do not have their kids
immunized, but at least they should be notified. I feel like this is more like a
punishment. It's like, "You either get your kid immunized or take your chances." I don't
think it's our job to punish people when they have their own personal reasons for
immunizing or not immunizing. I feel public anxiety is very high, and I can see very few
Whatcom County Board of Health Meeting, June 7, 1994, Page 12
instances where I would feel that it's okay to keep the public in the dark about these
things.
Larry Harris - Board Chairman
Okay, thank you. That's an important point of view on this.
Kenneth Henderson - Council Member
Question: as also the Medical Officer, in a case like that, would you feel that you had
the discretion to advise that person? Was there a discussion of signing a confidentiality
note in the cases of special circumstances, or something?
Dr. Frank James - Health Officer
I see. I don't know that it's the same person you're mentioning, but a person in a similar
circumstance did approach the Health Department. We counseled them, worked with
them, and gave them what I thought was adequate information to them to make wise
choices about their child.
Kenneth Henderson - Council Member
Sure.
Barbara Brenner - Council Member
This person was not told where it came from.
Dr. Frank James - Health Officer
We did not make a public announcement about where it came from. That's true. And
we certainly don't want to punish anybody for anything.
Kenneth Henderson - Council Member
But the question was, is it possible to establish some ... I recently participated in an
activity where I had to sign a confidentiality statement before I participated. Maybe, in
very specific cases, based on the discretion of the Health Officer?
Dr. Frank James - Health Officer
I think that there are cases where that is true. HIV testing, for example. When you test
someone who's exposed HIV, in special cases, you can do mandated testing of the person
that was involved with the exposure, the supposed case, and the person who was exposed
can become aware of the results of that test, but they are bound by confidentiality not to
disclose that information to anyone. So, there's a principle there, at least, that says that
yes, indeed, we could do that, if the situation warranted it. So, to answer your question,
yes, that would be possible.
Larry Harris - Board Chairman
We have quite a tight agenda here. I'd recommend that we voted on this now, and if
you don't feel that you can vote on it and you'd like to revisit it, then vote no. And we'll
Whatcom County Board of Health Meeting, June 7, 1994, Page 13
return it to the Health Department and re -tool it, but I'd like to have us move on to the
next item. So, I'll ask all those in favor of the motion to accept say "Aye ".
(Chorus of "Ayes ")
Larry Harris - Board Chairman
Opposed?
Barbara Brenner - Council Member
No.
Larry Harris - Board Chairman
It passes, six votes to one. The next item is the sewage lagoon, the sleepy lagoon.
Dr. Frank James - Health Officer
There is, actually, not just a letter, but a packet of materials that came before you with
respect to this. I don't think that my concern, my anger came through in the letter as
much as I feel it.
Barbara Brenner - Council Member
Oh, I thought it was excellent!
Dr. Frank James - Health Officer
I rewrote it several times. The Department of Ecology is the department legally
responsible for licensing sewage lagoons, not the Health Department. We, I think, have
gone to extreme lengths (we've been in court twice, we've won once, we lost once) in
trying to get this problem resolved. The Department of Ecology, as the letter states, in
1979, acknowledged that it was a problem and acknowledged that it needed a timely
resolution. I didn't mean to burden you with all the paper and didn't want to cut down
any more trees, but I thought it was instructive to read the exchange of letters over the
years. It's been some 15 years, now. And Ecology, really quite frankly, has not done
what they should be doing to correct the situation. I don't think you've been there, but
there are three open sewage lagoons, to my knowledge, built without permits, built
without any appropriate design. The sheet flow into the creek, and we have video tapes
of it. There are two violations. First, it isn't built in accordance with the regulations,
nor is it permitted according to the regulations, and that's Ecology's issue. The second
thing is that raw sewage is flowing into a public body of water, which is also illegal,
blatantly illegal. There's also some nuisance issues about the odor of this, with the
adjacent facilities. There are two mobile home parks on either side of this facility, both
of whom we force to fix their septic systems at considerable expense. The people who
own those are very, very angry, understandably, about the inability of the Health
Department to get this problem fixed. The only problem is that I don't have the
authority to fix it in any direct way. If I could prove that people were getting sick from it
in an immediate sort of way, if we had more evidence, we could fix this, and perhaps we
"atcom County Board of Health Meeting, June 7, 1994, Page 14
could take more legal action. However, it is clearly the responsibility of the Department
of Ecology and clearly within their jurisdiction and authority to move forward on this,
and they simply haven't. What I would ask you to do is simply write this letter, or one
like it, to the Department of Ecology and simply bring it to the attention of people
higher up in the rank, where it's more appropriate for you to be talking to them than
me. They have not listened to me, and I have spoken loudly and clearly for years.
Marlene Dawson - Council Member
I think it's an excellent letter. I have another suggestion. It was Andy Anderson. He
was interviewed for Al Swift. He says that the public has a lot of problems with our
departments at the State level. They are not getting responses. This isn't the only
department that has had no response in 15 years. There are other things out there. And
I would suggest that along with this letter, we send a cover letter to Slade Gorton and
Patty Murray, because they are in a position to allocate funds to the Department of
Ecology. They are also in a position to have some leverage over them, more so than us.
Larry Harris - Board Chairman
Barbara?
Barbara Brenner - Council Member
I also think that it's a really good letter. Speaking of not getting responses, I don't get
response from our own staff, so I sure understand the problem. But anyway, on the last
page of it, I just wanted to make a couple of corrections. It's Rod Graber, from the
Ferndale Mobile Home Village, not Ron, and the Ferndale City Manager is not Ron
Peterson anymore. What is his name?
Kenneth Henderson - Council Member
Stan Strebel.
Barbara Brenner - Council Member
Stan Strebel. Right. Other than that, there's a couple of places where I thought "state"
was supposed to be capitalized, but maybe not. Anyway, it's a very good letter, a long
time in coming. Why did we lose in court the second time? And why, do you think,
we're not getting any response from your requests?
Dr. >}ank James - Health Officer
The loss in court, on the second occasion, I'm not familiar with in detail. The
information I got was that we didn't put forward the strongest arguments, but one of the
pieces was that we don't have regulatory authority. Ecology does.
Barbara Brenner - Council Member
So that's probably why we lost?
Whatcom County Board of Health Meeting, June 7, 1994, Page 15
Dr. Frank James - Health Officer
That was an element. There were other elements as well. What happened was that the
apartments were actually vacated. We succeeded in vacating the apartments and then,
they were illegally reoccupied over a period of time. So then we went back to get them
vacated again. It was at least partially because it is the Department of Ecology's
responsibility to bring that action and not the Health Department's. And Ecology, more
recently has been, again, doing some things. But they always do some things, but we
never get it done. We just need to move this forward.
Larry Harris - Board Chairman
Is it the fact that the mobile home problem has been cleared up?
Dr. Frank James - Health Officer
Oh, absolutely.
Larry Harris - Board Chairman
So, it's simply the apartments and the lagoon, at this point?
Dr. Frank James - Health Officer
At considerable expense, these folks repaired these things. Tens of thousands of dollars.
It was very expensive for them. But you see, we regulate septic systems. We can go
make people do that. If this were a septic system, I'd have it fixed. But we don't have
the authority to fix this.
Barbara Brenner - Council Member
And this particular one is not fixed?
Larry Harris - Board Chairman
Right. I've seen the videos of it, and it's quite...
Dr. Frank James - Health Officer
Of the sewage lagoon?
Larry Harris - Board Chairman
Right.
Dr. Frank James - Health Officer
Oh, yes. Right.
Larry Harris - Board Chairman
Ward?
Whatcom County Board of Health Meeting, June 7, 1994, Page 16
Ward Nelson - Council Member
Well, I was a little confused. It sounds like the sewage system for Ferndale goes right by
the property.
Dr. Frank James - Health Officer
Historically, it did not, but at this point in time the sewer system goes immediately
adjacent to the property, yes.
Ward Nelson - Council Member
And it sounds like the property owners are just waiting for a decision by the Department
of Ecology, one way or another?
Dr. Frank James - Health Officer
I would invite you to come look at our records. We have a lot of letters saying that they
are ready to do, but they have done.. .
Ward Nelson - Council Member
For that matter, we've had this one before!
Dr. Frank James - Health Officer
Yes, and I would be happy to show you. I think that there's an iron -clad case against
this person, and if Ecology simply moves forward in an expeditious way with their
administrative order, it will be fixed. So, I think we simply need the leverage to make it
happen. But they need to make it a priority. It simply hasn't been a priority.
Marlene Dawson - Council Member
I will make a motion to approve this letter to be sent out by the Health Board, and then
I also have some wording for a cover letter to go to Slade Gorton and Patty Murray that
I'll bring up after this motion.
Dr. Frank James - Health Officer
I will redraft it and provide it to the Council, if that's your pleasure.
Larry Harris - Board Chairman
Alright, the motion is that we endorse this letter and send it from the County Health
Board. Any other discussion?
Barbara Brenner - Council Member
Just that you correct the names on it.
Dr. Frank James - Health Officer
Yes, alright.
Whatcom County Board of Health Meeting June 7, 1994, Page 17
Kenneth Henderson - Council Member
I would think it appropriate, also, that the Health Officer and the Medical Officer for
the County sign it.
Barbara Brenner - Council Member
Well, maybe we should all sign it. That would give it some impact.
Dr. Frank James - Health Officer
They get letters from me regularly.
Barbara Brenner - Council Member
Right. It sounds to me like they need some more.
Kenneth Henderson - Council Member
Alright. Whatever. Judgement of the Chair.
Larry Harris - Board Chairman
Any other discussion? All in favor of the motion?
(Unanimous, "Aye ")
Larry Harris - Board Chairman
Opposed? Motion passes.
Marlene Dawson - Council Member
Okay, I have some wording for a cover letter to Slade Gorton and Patty Murray that I
would like to enclose with this, unless Dr. James has some other wording. It would
basically say that it is important that the service delivery of our agencies be evaluated on
an ongoing basis. It is our feeling that Ecology has ignored their obligation to the
enclosed case. Since the problem has not been addressed in 15 years, we hope you will
follow up with Ecology on this issue.
Larry Harris - Board Chairman
Why don't you give Dr. James that wording, and he can smooth it and adapt it.
Marlene Dawson - Council Member
Smooth it and adapt it.
Dr. Frank James - Health Officer
I would be more than happy to. There are also a few typographical errors in the letter
that we'll correct.
Whatcom County Board of Health Meeting, June 7, 1994, Page 18
Larry Harris - Board Chairman
Okay. Alright, moving on to the Immunization Policy Statement and Barrier Reduction
Plan, 15 minutes.
Dr. Frank James - Health Officer
We're actually doing pretty well with time. Immunizations are a significant problem, if
you look at health status in this Country and compare it to other countries. The
difference between our health status in this Country and health status in a third world
nation is built on hygiene, sanitation and immunizations. All the stuff you go to primary
care doctors for and your coronary by -pass graphs don't make a measurable difference in
health status. What separates us is immunization, sanitation and hygiene, the stuff
people mostly do for themselves. And medical procedures, although I'm very fond of
them, don't make a huge impact, except for immunizations. In the past, when most of us
grew up, we lined up, and we all got immunized. Because of some changes in laws and
because of some changes in policies, that has changed to where more responsibility is put
back on the individual to seek out this care on a case by case basis. The other thing that
changed is that now vaccines are remarkably effective. There hasn't been a case of
polio, wild -type polio, in the United States for years, nor has their been a case of
measles in months, and even then it's sporadic cases. I think our last case here was in
1987, and it was 11 cases. Vaccinations have been remarkably effective. The problem is
that younger people raising families today don't know people who have had polio and
they think measles is spots and a fever. They don't know that one in 100 people can die
from it. There's become a very complacent attitude about vaccinations. Now, the
hammer we have is on entry to school. People have to get vaccinated or have a darn
good reason not to. About one percent of kids have religious objections; the families
have religious objections to vaccine. About one percent have medical contra - indications.
So, they are both considered very legitimate reasons not to be immunized. But that
leaves 98% of kids that can and should be immunized. On entry to school, we get up
around 95% in our community. We do very, very good once kids get to school. The
problem is that most of these diseases are most prevalent before you get to school. And
that's the group that vaccination rates have waned considerably on. We got some money
from the State to do some retrospective, look -back studies over the past year, and what
we found is that it varies from 30 -some percent up to 70 -some percent. But in most of
the populations we've looked at, the aggregate number looks like about half of children
in our County are fully immunized at age two. Now, that's a problem, and we need to
develop, I think, some effort at solving this problem. At the Health Department, we've
been doing this for a while. If you look back at the numbers, we increased vaccines
delivered in the County by more than 25,000 doses in 1991. We've made huge strides in
improving things. The main mechanism of that has been working with the State to
insure that low -cost or no -cost vaccine is available, not only through the Health
Department, but also through private providers in the community. We have about 60
kind of Deputy Health Officers out there delivering no -cost vaccine for $10 or less per
dose and participating in a public program to vaccinate kids. We still haven't met the
need, however. Not only the Health Department, but we have several partners in this
Whatcom County Board of Health Meeting; June 7, 1994, Page 19
venture. The Kiwanis Clubs (not just one, but a number of them) and all the Rotary
Clubs in our County, all have agreed to make this a priority during the year, and assist us
in trying to come to terms with this problem. And I think it's a very, very important
priority. The Rotary Club, in particular, is very proud of the fact that they've helped to
eliminate polio in many parts of the world, and when they realize that, hey, we're
vulnerable in our own back yard, they've taken that issue seriously and want to move
forward with the project. The policy statement simply says basically what I've said, and
that is, about one percent have contra - indications, about one percent have religious
objections, but we need to get the other 90% offered vaccines in an effective way. We
need to make sure that it's being offered and that there are no barriers to getting it.
The second page of the attachment is looking at what we believe to be barriers. Some
of these things we can do with no new staff and no new money.. We can just be smarter
and more effective. We're going to try to educate people better. One of the significant
barriers is that doctors don't understand contra - indications very well. Many of what
some doctors think are contra - indicators are not. So, we're going to try to do outreach
to the doctors, the nurses, other people, to make sure they know when and how to give
vaccines appropriately. Another thing that we can do is that we can change some of the
laws to make sure that an informed consent is as streamline as it can possibly be, to
insure that the people can get to information they need, to insure that it's not a barrier.
Right now, grandma brings the kid in, and we can't vaccinate him, because grandma
legally can't give consent for him, only the parents can. That's item number three in the
Barrier Reduction Plan. The one thing that probably will cost money and take staff is
the barrier of not knowing what the kid's immunization status is. Now, well - organized,
together. moms have got the card right in their pocket, and they pull it out, and they can
tell you. Unfortunately, not everybody is like that. Some people have very difficult lives
and can be pretty disorganized. When a child comes to one practitioners office, and they
don't have a record, and the mom doesn't know what the immunization status is, that's a
problem. What we'd like to do is to try to put in a system where we can track
immunization status on a community -wide basis. There are other communities that have
already done it.. Seattle, King County, and Snohomish are in the process of doing it, and
that is one of the things that the service clubs in town are interested in helping us with.
They can, I think, provide us both funding and additional public support for that effort.
There's a whole list there of things, and there was a fairly extensive discussion of this at
the Health Department Advisory Board, too. We have another board, the Immunization
Practices Advisory Board, which also meets. There are a number of people in that
group, 20 or so, I think, from around the community, and this is the result of those two
groups of people's work. That's just a brief, well, maybe a wordy, introduction.
Larry Harris - Board Chairman
Any discussion? Ward?
Whatcom County Board of Health Meeting June 7, 1994, Page 20
Ward Nelson - Council Member
I have two statements. Are you just tracking the immunization that the Health
Department does?
Dr. Frank James - Health Officer
Currently, the system in place is that we moved, in the past two years, from the old card
file system. We have banks of three -by -five cards, where we had it back for 40 years.
We've computerized all that in the past couple of years, so we now have a computerized
tracking system for all those who receive a vaccine at the Health Department.
Ward Nelson - Council Member
So, your statistics are based just on Health Department records?
Dr. Frank James - Health Officer
No, no, no. The look -back studies that we did? No, what we've done is we've gone to,
for example, a school, looked at everybody in the school or in the daycare, and gotten
their record, the actual record itself, and looked back on that record to see if by two
years of age they were up to date. They are called "Look -back Studies ".
Ward Nelson - Council Member
I just wanted to know where you went and got your information. The second statement
is that I think that one of your key points that you wanted to get to was how do we get
out and reach the public, the education and that. I would think that probably the easiest
method, if you want to do it for Whatcom County, is getting with the retailers in
Whatcom County and stickering all the Pampers, and we should have it covered.
Larry Harris - Board Chairman
So to speak.
(Laughter)
Dr. Frank James - Health Officer
That, actually, is one of the ideas that was a very prominent one in our discussion, and I
think, a very good one. When we had the recent shigella outbreak, where there were
literally 100 and some people with shigella and a number of them hospitalized, the
strategy was developed. The brainstorming was that we'd put it on radio, T.V., and the
newspaper. It turns out that those aren't the right people. People don't necessarily go to
those sources, so we ended up having little stickered things by the diapers in the grocery
stores. And we also gave them out at the DSHS office where people pick up their
checks and a couple of other places. But you're right. Those kinds of creative
approaches are really important.
Ward Nelson - Council Member
Yes.
Whatcom County Board of Health Meeting, June 7, 1994, Page 21
Dr. Frank James - Health Officer
I think that is definitely something we would do. If you've been out to Bellis Fair Mall,
you'll see the little Kiosk things on the table, little paper things that have information
about vaccines. We're especially working with Kiwanis Clubs, because that's a priority
they have this year, and the public education and media pieces are what they are really
good at. We're in a public - private partnership with them to try to address that particular
issue.
Larry Harris - Board Chairman
Is that a suggestion you might add to this draft?
Dr. Frank James - Health Officer
Sure.
Larry Harris - Board Chairman
Barbara? Hands for discussion? Ken?
Kenneth Henderson - Council Member
So, you're going to work more with local doctors to get them to do this more often? Is
that you're saying?
Dr. Frank James - Health Officer
What we've done over the past few years is that we have recruited about 60 positions in
this County, which is a very big number. In Thurston County there are two doctors,
besides the Health Officer, to help deliver public vaccine. And the way we've done that
is by saying that we could get free vaccine for you, at no cost to you, because we get it
from the State. It's going to be free to the kid, and you can give it to him, but you have
to agree to a couple of things. You have to agree one, to not charge any more than $10
for an administration fee. Some charge nothing, some charge $10, or something
in- between. And you have to do some tracking.
Kenneth Henderson - Council Member
Who pays the administration fee?
Dr. Frank James - Health Officer
The patient.
Kenneth Henderson - Council Member
Okay.
Dr. Frank James - Health Officer
One of the other things they have to agree to is that there has to be the ability of any
kid under seven years of age to get vaccine for free if, in fact, they don't have the
resources to pay for it. And that's also a policy at the Health Department. If anybody
Whatcom County Board of Health Meeting, June 7, 1994, Page 22
comes in there and they're under seven years of age and they need a vaccine, they can
receive that at no cost. Not even a registration fee. All fees are waived.
Kenneth Henderson - Council Member
I was unaware that they have the option to walk in. Most people don't believe that they
can walk into a doctor's office and get an immunization and walk out without paying.
Dr. Frank James - Health Officer
It's considerably more complicated than that. People can't go in and demand. They
need an appointment. Many doctors only see patients that are already registered for an
appointment with them. So, just because they are publicly spirited doesn't mean that
they are a public facility.
Kenneth Henderson - Council Member
Correct. So, now, I'm not debating the program. The question is, are you going to
trade something else off for this. Is there something that you're not going to do by
focusing on this effort?
Dr. Frank James - Health Officer
Some of the money you've approved for our budget in the past is doing some of this
work right now. Some of the supplemental budget dollars went into this. We are also
not doing some fairly minor things. The one thing that we can't do would be the
tracking system. We can't do that with existing staff, and that would require additional
funding from somewhere in order to do that piece of the work. And there might be both
capital costs and staffing costs in order to do that.
Kenneth Henderson - Council Member
It's my understanding that the Medical Bureau and possibly the hospital, is working on
what is being used in other communities, a community medical record tracking system.
With this system, when you go in and see a doctor, the doctor can, in fact, call up on a
master computer link and get this information. Is that something you're working on?
Dr. Frank James - Health Officer
Yes, we've had discussions with providers of care, actually, the payers of providers of
care, because they are the ones who are going to drive that particular system, and with
the hospital. That system will be of some utility, but will not be universal, although it
should be. Right now, everybody knows that with health care reform, there has to be a
centralized information system that collects some sorts of information. The other thing
you have to be aware of is that everybody has good reason to believe that you shouldn't
just build a data system that many people have access to and that has medical details in
it that are confidential. So, there's going to be a juggling that goes on there. The main
problem with the thrust that you're taking is that not everybody is going to be in that
data base. If we have one for immunizations, we've got to get every kid into it and make
sure that we're up to date on it.
Whatcom County Board of Health Meeting, June 7, 1994, Page 23
Kenneth Henderson - Council Member
Why isn't everybody going to be in this?
Dr. Frank James - Health Officer
In the other one?
Kenneth Henderson - Council Member
If we go to a universal health care system in Washington State, which we're going to.
Dr. Frank James - Health Officer
Well. some day, in ten years, that may well be the case. I can't perceive that system
coming to fruition as an effective system in less time than that. I think it may come to
that. And I'm fairly experienced in this. I spent two years on a Navaho reservation
putting in an entire computerized medical record system for clinics and hospitals for an
entire population of 20,000 people. It had all the information in one system, but that
was an organized system.
Kenneth Henderson - Council Member
Right.
Dr. Frank James - Health Officer
So, that may come to fruition and if it did, that would be wonderful. My estimation from
the initial discussions is that that may happen in ten years, and the first priority is going
to be, "How do you bill ?" Immunizations are going to be way down the priority list.
Larry Harris - Board Chairman
If we're going to get on with the rest of the items, we've got to move on. If you'd like to
continue this, then we'll have to drop something off, probably. Barbara?
Barbara Brenner - Council Member
I like the idea of making it very accessible. I do not like the idea of tracking and forcing
stuff. I think it should be a decision people make and having it very accessible is great.
Also, I am not in favor of offering it free to everybody. I think it should be that if
people can't afford it, they should get it free. If they can afford to pay, I don't feel that
it should be given free to them. So, those are my two sticking points. I don't care about
tracking. I care about having it readily accessible to the public, and I feel that it should
be free to those who need it for free.
Dr. Frank James - Health Officer
Just as a point of information, we don't have any choice about the free /not free stuff
and how that works. That's in Federal and State legislation. And if we want to get their
vaccine, we have to play by that rule.
Whatcom County Board of Health Meeting, June 7, 1994, Page 24
Barbara Brenner - Council Member
Okay, but I also...
Dr. Frank James - Health Officer
I share your sentiments about some of those things, but we don't have the flexibility to
change it.
Larry Harris - Board Chairman
Other comments?
Robert Imhof - Council Chairman
Just a quick one here. This is mostly policy things, and it's things that are going to be
developed. They will be brought back before us, I'm sure, if there is any costs incurred
or for a finalization of the policy. So, in that vein, I will move approval of the
Immunization Policy Statement and the Barrier Reduction Plan.
Larry Harris - Board Chairman
Okay, it's been moved. The Draft Barrier Reduction Plan, as amended, is moved, and
the Policy Statement on Childhood Immunization is moved in one motion, I presume?
Robert Imhof - Council Chairman
Yes.
Larry Harris - Board Chairman
Discussion?
Barbara Brenner - Council Member
Yes, quickly. It seems to me that if we support this, we're supporting the tracking and
that means more staff.
Robert Imhof - Council Chairman
Well, they will have to come back to us with that. They're going to have to develop this
policy.
(End of Side #1, Tape #1)
Larry Harris - Board Chairman
Other comments? All in favor of the motion, say "Aye ".
(Unanimous, "Aye ")
Larry Harris - Board Chairman
The motion passes unanimously. The next item is the Lummi Island Groundwater Study.
"atcom County Board of Health Meeting, June 7, 1994, Page 25
Dr. Frank James - Health Officer
In the interest of time, and by my watch, we're out of time. .
Larry Harris - Board Chairman
We've got to save ourselves ten minutes to get organized.
Dr. Frank James - Health Officer
What I will do is briefly describe the next items and bring those back to you at a future
date. These two studies have recently been completed. The first one is the Lummi
Island Groundwater Study. The reason this was started is that there is a problem with
arsenic in the water on Lummi Island. There was also a concern identified among the
residents there, that there was a potential problem with salt water intrusion, where the
pumping of water out of the aquifer is leading to salt water entering into the aquifer
from the ocean. There are two simple conclusions. One is that arsenic is present and
that it is probably naturally occurring and not from some contamination that occurred on
site. And the salt water intrusion, although it is a problem in a few wells, is not a major
problem there. And I'd be happy to come back and talk with you about some of the
details about that, because I think it does make a difference. It's information you may
well want to -know more about. It's a rather lengthy report, and it took several years to
compile. The second one is the LENS Groundwater Study, and there's considerable
interest in this study, as I think there should be. It's straightforward conclusion is simply
that nitrates are present in as many as 54% of studied wells at levels higher than
background. That number came up both in the formal study done by the USGS, as well
as our informal and inexpensive study which we conducted on a voluntary basis with
citizens. About 24% of the wells have levels that exceed safe drinking water standards.
Robert Imhof - Council Chairman
How many of the wells?
Dr. Frank James - Health Officer
Twenty percent, one out of five. In the formal studies done by USGS, there were several
pesticides which were identified, again, at levels which, interestingly, exceed the US
drinking water standards, but not the Canadian. It's also believed that a considerable
amount of this problem is very complex in that some of it is coming underneath the
border from Canada.
Ward Nelson - Council Member
Is this a localized study in a certain geographic area?
Dr. Frank James - Health Officer
Yes, it's the northern part of the County. It's north of the River, up to the border, and
actually crosses the border. And what it shows is that that water supply is vulnerable
and is being affected. What we do in the future is going to make a difference. Both of
these, I think, warrant a fuller discussion. I'd be happy to bring those back and talk
Whatcom County Board of Health Meeting, June 7, 1994, Page 26
about them in more detail at a later time. The final item is just scheduling our next
meeting and some wrap -up. You also may have seen some of these hand -outs. I'm
going to try to send you a packet of information about current topics on a monthly basis:
health care reform and access to care, E coli and drinking water, some immunization
information, EPA drinking water standards and lead from submersible pumps. Those
are just informational items, and I'll try to send a packet of that kind of information once
a month, so that, as a health board, you'll be abreast of some of the cutting issues.
When I do that, you can any questions about them during this final period of time. We
can answer those questions. The one that you may get questions about is the issue about
lead, that there is lead which leaches from submersible pumps. A brass pump has lead
in it. Now, it's recommended that they all be removed or at least that water be checked
to test lead levels. It's actually a fairly complex issue, and I hope the handout has
enough information to answer your questions.
Barbara Brenner - Council Member
There was a news article on that, and they said that it was just the ones that were built
in the last year. Are you saying that even if they're older, they're affected?
Dr. Frank James - Health Officer
It's actually a little more complex than that. Plastic and stainless steel ones aren't
affected. It's just the brass and bronze pieces inside that leach lead. And if they are old
enough, a coating builds up on the inside which prevents it from leaching out, okay?
The same thing is true of your faucet at home. If it's old enough, there's a coating on
the inside that keeps the lead from leaching. And if they're new enough, they're built
with parts that won't leach. So, there actually is a time frame in which there is a
vulnerability.
Larry Harris - Board Chairman
Thank you. As far as our next meeting goes, we haven't really discussed how often this
Board should meet. What is your feeling? Monthly? Bimonthly? Quarterly?
Barbara Brenner - Council Member
I think monthly or as needed.
Robert Imhof - Council Chairman
Meet quarterly, but I think we ought to leave it up to Council Members to initiate an
agenda with items, or from Dr. James, if he has things that need to be taken care of.
Larry Harris - Board Chairman
Ken?
Kenneth Henderson - Council Member
Having been on the Health Advisory Board, Larry, I think I would let you look at the
nature of the issues and let us know what your recommendation is.
Whatcom County Board of Health Meeting, June 7, 1994, Page 27
Larry Harris - Board Chairman
I'd be glad to do that. And also, my function, I hope, is to be a conduit between the
Health Department and this Council. So, if questions come up, I'd be glad to carry them
to Health Department Advisory Board meetings. So, we'll leave it to Dr. James and
myself to schedule future meetings. Barbara? Any other discussion? Meeting
adjourned.
iB
g7\minutes \trans \hea1thbd.607
Whatcom County Board of Health Meeting, June 7, 1994, Page 28