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HomeMy WebLinkAbout1990/04/02 - Board of Health MASON COUNTY BOARD OF HEALTH April 2, 1990 ATTENDANCE: William O. Hunter, Chairperson Michael D. Gibson, Board Member Annette S. McGee, Board Member Dr. Joanne Hoover, Health Officer Sharon Bisser, Nursing Supervisor Michael Clift, Deputy Prosecutor OTHERS PRESENT: Russell Davis, Roland Culbertson and Marlynn Haberly. Chairperson William O. Hunter called the Board of Health to order at 1:35 p.m. ENVIRONMENTAL HEALTH DIVISION DALE HOOVER VARIANCE Chairperson Hunter asked Mr. Culbertson or his representative to make his presentation. Karlynn Haberly, Bremerton attorney representing Roland Culbertson and Marion Russ Davis stated the appeal was filed March 12, 1990. She said they specifically appealed the grant of the variance issued through the State and Mason County, February 15, 1990. She said the department proceeded with the directives of the order issued by the Board January 8, 1990. Ms. Haberly stated they don't believe there has been a showing that no public health hazard will result or that the waiver is consistent with the intent of the regulations. She said a variance should not be issued. She said there is no showing of any necessity. If there was any hardship, it was caused by Mr. Hoover creating his own situation and his own hardship. She said it appears the variance was issued to remedy a violation of the Code by him extending over a property line, and not for any benefit to the public health. There is no finding as to whether a public health hazard will result or not. Ms. Haberly said Dr.Hoover stated there will be no compromise of public health. The WAC section requires a showing that no public health hazard will result. She said this has not been done. She said Mr. Hoover did not obtain another application. However, he is continuing to work on the site, despite the "stop work order" and the order from the Board that the permit is revoked until a new application is made. He did not meet the requirement stated in the order for lifting a stop work order, which is issuance of new permit. She expressed great concern as to these process procedures. Mr. Hoover was not complying with them. Mr. Davis asked Chairperson Hunter if the Board of Health's current guidelines allow construction during a time when there is no permit, or during a time when the matter is up on an appeal. John Denison,Environmental Health Sanitarian stated a"Stop Work Order"was posted initially on the property at the time of the original complaint. He said Mr. Hoover instituted corrective proceedings on the existing drainfield to remedy the encroachment into the Clifton Lane in accordance with the approval, the waivers, granted both by the State and the County. Therefore, Mr. Hoover was operating within the requirements that was presented to Environemntal Health by the order that he obtain an approval from both County and State. Glancing through the January 8, 1990 order,Mr.Denison did not see where said order stipulates MASON COUNTY BOARD OF HEALTH APRIL 2, 1990 PAGE 2 that Mr. Hoover was supposed to get a new permit application. Rather it says, "the respondent should cease work on the system until he has applied for a variance issued by the Health Officer and the State Department of Social and Health Services. Mr. Denison said Mr. Hoover had done this. Mr. Denison said the Stop Work Order ceased to be enforced at the time Mr. Hoover obtained approved waivers to permit him to remedy the drainfield corrections. Ms.Haberly read the order issued January 9, 1990. "The permit issued to respondent is revoked and the Stop Work Order shall remain in effect until respondent has applied for and obtained another permit from the General Services department correcting the deficiencies of the first permit." Ms. Haberly added there has been no permit applied for, and there is no septic tank permit currently. Mr. Davis stated the whole septic system was built while he was appealing. He stated Mr. Hoover removed the encroaching wall going into Clifton Lane. The wall is now on Mr. Hoover's property. Mr. Davis said he is very frustrated. He said this has been going on since 1988. He said Mason County's regulations have not been followed. He said he wants some ruling on the procedures and some control so this does not continue to happen. Commissioner McGee asked the Health department if it is normal procedure to allow construction on a septic system one way or another, during an appeal. Mr. Denison said the septic system was installed and inspected by the Health department September 21, 1989. Mr. Denison said he observed pressure testing,installation construction,then approved for the final capping. The request for the Stop Work Order was not issued until October 17, 1989. Therefore, the drainfield was already constructed and completed at the time the Stop Work Order was posted. Commissioner McGee asked if construction is allowed between the time the Stop Work Order was issued and today. Mr. Denison said he complied with the requirement to get waivers from both State and County, which he obtained. He was required to correct the encroachment of Clifton Lane. Ms. Haberly said the appeal was filed August 28, 1989, prior to the inspection in September. Cmmr. McGee/Gibson moved and seconded to have an Executive Session with the Prosecutor. G-aye; H-aye; M-aye; Motion carried unanimously. Mr. Hoover addressed the request for an appeal for a variance, specifically the 5' from the property line. Mr. Hoover said the drainfield is within 4-1/2' feet of the summer kitchen. Ms. Haberly stated it was within 4-1/2' of the property line, which was not what the finding stated. The finding also stated there is no violation for the horizontal setback required to the close proximity of the drainfield. Mr. Hoover stated the 4.55' of the property line is the outside of the concrete wall. The inside is 5.0' from the property line, which is within the Code as required. Mr. Hoover admitted he removed the violation on the January 8, 1990 finding. Mr. Hoover's attorney wrote a letter to Mike Clift, asking what to do next. He said one place it asked for a variance, the other asked for a permit. Mr. Hoover said he did not receive an answer to the letter. Mr. Hoover understaood when he received the variance, that it was the permit he needed. Mr. Hoover stated he waited all winter long, not moving anything, waiting for the variance. MASON COUNTY BOARD OF HEALTH APRIL 2, 1990 PAGE 3 Mr. Hoover stated his water line is within the narrow entrance to the property. He said the waterline is located on the side away from the septic system. If he ever has to use his reserve system, he will move the water to the other side away from the reserve system. Ms. Haberly restated they are appealing a variance issued February 15, 1990. She asked why Dale Hoover should not meet the same State Health requirements as everyone else in the State. This system was put in violations of certain provisions of the Code. Once it was brought to the County's and his attention,Mr.Hoover applied for a waiver to correct the violation he created. She said a variance is being used to correct a violation, a hardship Mr. Hoover created on his own. There is no necessity shown for a 5' setback variance at Clifton Road. She then asked the Board deny the waiver, and have Mr. Hoover apply for a permit as is required under the Board's prior order. Chairperson Hunter requested Ms. Haberly file a brief stating the reasons you feel it should be overturned. He said the Board will give it due consideration. Cmmr. McGee asked Ms. Haberly had more reasons other than those stated in her March 12 letter. She said she didn't, only that she might site some law regarding variances and their applicability. The Board asked her to prepare this brief within two weeks. Don Ghyline asked the status of the Stop Work Order as it applies now to Mr. Hoover's property. Chairperson Hunter said he would address this with staff. Mr. Hoover asked if another permit would be necessary. Chairperson Hunter said this would also be addressed with staff. Cmmr. McGee said it would be pertinent if Mr. Hoover would take the Stop Work Order literally. That he stop work until the Board discusses the issue of more permits with staff. NURSING DIVISION EMPLOYEE CONTRACTS Sharon Bisser said Rosemary Hilburn was hired as a PHN March 6, 1990. Rosemary is the AIDS Case Manager, working with the Child Protective Services Grant and in the officer. Cmmr. McGee asked Sharon to bring her to the next Commission meeting for introduction. Mrs. Bisser asked the status of contracts for Bill Crowel, Dr. Hoover and Gretchen Dickson. Who is to sign the contracts, Board of Health and Board of Commissioners? Cmmr.McGee said the Board was waiting for written opinion from the Prosecutor. Mrs. Bisser said she will bring over Marion Morton's contract for signature. MATERNITY DISTRESS Mrs. Bisser updated the Board on Maternity Distress. She said access to medical care for anyone with low income in the community can be a problem. This is due primarily to doctors not accepting the regular medical coupon. The Health Care Center, Mason General Hospital Emergency and Mason County's Health department does take them. She said the group that put the Maternity Distress together is now working on applying for grants to begin a clinic. This will be funded by grants,donations,medical coupons,sliding fees, to provide medical care such MASON COUNTY BOARD OF HEALTH APRIL 2, 1990 PAGE 4 as well child care, well adult care and treatment of minor injuries and illnesses. The Health department is currently applying for a Rural Health grant. TRAVEL REQUEST Sharon Bisser asked approval to send Rosemary Hilburn to a workshop Intervening Successfully with Disfunctional Families in the Community April 18 in Bellevue. The cost is $85.00. Cmmr. McGee/Gibson moved and seconded to authorize Rosemary to attend the workshop. Motion carried unanimously. G-aye; H-aye; M-aye. Mrs. Bisser asked approval to attend the next Nursing Director's meeting in Wenatchee May 3 and 4. Board member McGee/Gibson moved and seconded to approve Sharon Bisser to attend the meeting. G-aye; H-aye; M-aye. Motion carried unanimously. Mrs. Bisscr asked the Board to consider sending Tammy Hupp to the 2nd National Rural Aids Institute May 16-18 in New Oreleans. The registration alone is $250.00. Mrs. Bisser said there is enough money in the AIDS monies to pay for this travel. Chairperson Hunter said they will hold this request for further review. MEASLES Dr. Hoover said Mason County did not materialize in the measles scare we thought we would. We only had about 10 to 15 cases. The child suspected of having the measles last week, turned out to only be a rash. INTERN OF THE YEAR Board member Gibson announced Tammy Hupp was selected as Intern of the Year from Central Washington University in 1989. He said he would draft a congratulations letter to her. Meeting was adjourned due to no further business. Respectfully submitted, Rebecca S. Robers Clerk of the Board MASON COUNTY HEALTH BOA D Wil 'am O. Hunter, Chair erson 0 Michael D. Gibson, $oard Member Annette S. McGee, Board Membe