Board of Health

Meeting Minutes
February 10, 2009

12:00 Noon
Rice Conference Room

Present:	Dr. Francis Fox; Dr. James Macmillan, President; Michael McLaughlin, Jr.; Dr. Jeffrey Snedeker; and Dr. William Tyler
Staff:	Mrs. Liz Cameron, Director of Environmental Health; Mrs. Alice Cole, Public Health Director; Mrs. Sigrid Connors, Director of Patient Services; Mrs. Brenda Grinnell Crosby, Public Health Administrator; Dr. William Klepack, Medical Director; Mr. Jonathan Wood, County Attorney; and Mrs. Patty Stamm, Administrative Assistant
Excused:	Mr. Greg Stevenson; Mr. Brooke Greenhouse; and Mrs. Sylvia Allinger, Director of CSCN
Guests:	Keith Hoffman, Manager, Newfield Estates MHP; Lee Scott representing Marguerite Smith, Yeshi Tsondu, Cajun Café Grill;  Steven Kern, Sr. Public Health Sanitarian; Audrey Balander, Sr. Public Health Sanitarian; Jane Daum, Public Health Sanitarian, and Skip Parr, Public Health Sanitarian

 

Dr. Macmillan, President, called the regular meeting of the Board of Health to order at 12:05 P.M.

Approval of Minutes

Dr. Snedeker moved to approve the minutes of the December 9, 2008 Board of Health meeting as well as the minutes/documentation of the January 13, 2009 Board of Health meeting.  This was seconded by Dr. Tyler, and carried by a unanimous voice vote.

Financial Summary

Mrs. Grinnell Crosby reported the 2008 Financial Summary would not be ready until March, adding they are still working on closing out the 2008 books, as well as filing State Aid and all grant claims for the end of the fiscal year.  She also stated she didn’t have any further updates on the New York State budget.

Administration Report

In addition to her written report, Mrs. Cole:

• Reported that at their meeting on February 9th, the Health Planning Council had the Commissioner of DSS, the Director of COFA, as well as herself, speak on the proposed State Budget.  She reiterated that the biggest items of impact to the Health Department are total loss of the Bioterrorism Preparedness funding, as well as wanting the Health Department to be responsible for the hiring and retaining of Home Health Aides.  She encouraged Board members who were so inclined to lobby against those two proposals as well as the proposal to eliminate funding for the Medical Examiner Program, which would fall back on the County as an unfunded mandate.
• Reported they had heard from the National Association of County Health Officials (NACHO) urging the Health Department to lobby for them that more money be put into public health spending in the Federal Stimulus Plan. 
• Distributed a handout from the Health Planning Council, who is working in conjunction with the Health Department in preparation for submission of the Community Health Assessment and Municipal Health Services Plan.  One of the requirements of this year’s submission is to conduct community engagement activities to get community input.  One way this is being done is partnering with the Health Planning Council, who has a short survey up on the website.  Mrs. Cole encouraged Board members to take a minute and fill it out on-line or to use the paper copy attached to the handout.  There is one question to answer… “If you were in charge of making a difference in the health of the people in our community, what issues/concerns do you think our community should focus on?”  Mrs. Cole added this is Phase I and stated in Phase II a more in-depth survey will go out.  This survey will be sent out to many community agencies, physicians, schools, Chamber of Commerce, etc. in order to give various entities in the community a chance to weigh in on this part of the community engagement piece of their submission.  She further stated they are working jointly with the hospital on submission of this plan; however the hospital has a separate deliverable.   

Medical Director’s Report

Dr. Klepack stated he had nothing to add to his written report.  He discussed Commissioner Daines’ comments regarding Bioterrorism funding, CHHA issues, as well as Medical Examiner funding.  Dr. Macmillan asked if a follow-up letter to Dr. Daines would be of any assistance.  Dr. Klepack stated that a printed copy of his remarks to Dr. Daines was available if anyone was interested in reviewing them and then following up with a letter of support to these issues.  Dr. Macmillan will follow-through on this.

Division for Community Health

Mrs. Connors stated she had nothing to add to her written report.

Children with Special Care Needs

Mrs. Allinger was excused from today’s meeting, so there was nothing to add to her written report.

County Attorney’s Report

Mr. Wood stated he had nothing to report.

Environmental Health Report: 

In addition to her written report, Mrs. Cameron:

• Reported on changes for handling Worker’s Compensation and Disability Insurance.  The State is requiring that no permit be issued to a facility if they do not have their Workers Compensation and Disability Insurance forms submitted.  Mrs. Cameron stated submittal issues often involve a facility that is exempt from Worker’s Compensation and Disability Insurance.
• The Village of Dryden has historically been supplying water to people in the town who are outside of the water district.  The Village supplied water to a farm as part of the original development of the water district in exchange for siting the water storage reservoir on the farm.  However, the farm is no longer there; multiple commercial businesses have been added as users on the water line, as well as a couple of residences.  The Village has been maintaining this small water line, but no longer wishes to do this, nor does the Town.  Mrs. Cameron stated technically it is an illegal water district and the Village of Dryden can disconnect their water with appropriate notice.  Environmental Health will be meeting with the Village to discuss the situation.

 
Approvals and Actions

Employee Health Program Policy and Forms

Mrs. Cole stated although the Employee Health Program Procedure has been in place for many years, there has never been anything in writing regarding what was required of employees, i.e. physical exam criteria, vaccination, and TB testing requirements.  She stated they anticipated this would be the year they would be surveyed for the Diagnostic and Treatment Center and felt they needed to have a policy in place.

Mrs. Cole briefly reviewed the policy and accompanying forms. 

Regarding the question about Smallpox vaccinations on the TCHD Health Document Checklist, Dr. Snedeker commented the only options are that you have either received the vaccination(s) or have refused.  He asked if the Health Department was offering the Smallpox vaccination and the answer was no.  Since it did not seem to make sense to “Initial if Refusal” since the vaccine is not being offered, it was recommended that section be removed.

Dr. Tyler moved to approve the Employee Health Program Policy and Forms with the suggested change to the section on Smallpox vaccine.  Seconded by Dr. Snedeker, and carried by a unanimous voice vote.

Presentation of Candidate for BOH Vacancy

Mrs. Cole reported on Friday, February 6th, she, Mrs. Grinnell Crosby, Dr. Macmillan, and Mr. Greenhouse interviewed three of the candidates who had applied for the BOH vacancy.  These candidates had responded to a list of six written questions prior to the face-to-face interview.  The decision of this group was to offer the vacant BOH position to Janet Morgan.  She formerly was the head of the nursing program at TC3 and is now retired.  Mrs. Morgan thought this would be a nice compliment to her retirement.  Mrs. Cole added she had spoken with Mr. Koplinka-Loehr, Chair of the Legislature, this morning and he reported that Mr. Stevenson will be stepping down as the Legislature Representative to the BOH.  The plan is that Mr. Proto will fulfill this seat if all goes well with the negotiations with the Legislature.  Mrs. Cole stated if Board members were in agreement, Janet Morgan would be put forth as the candidate to fill the Consumer Member vacancy on the Board.  This will then go on to the Health Committee and finally to the full Legislature for approval.  Mr. Proto would then fulfill the remainder of Mr. Stevenson’s term as the County Legislature representative which expires December 31, 2011. 

Dr. Tyler moved to accept Janet Morgan as a candidate for the Consumer Member vacancy on the Board of Health, seconded by Dr. Snedeker, and carried unanimously.

Approval of Revised Policy/ProcedurePatient Fall Assessment and Documentation Policy/Procedure

Mrs. Connors stated this policy was brought forth in October and some edits were requested.  This was presented again January 13, 2009, but carried over due to lack of a quorum.

Dr. Tyler moved to accept this revised Policy/Procedure, seconded by Mr. McLaughlin, and carried by a unanimous voice vote.

Approval of Support Letter for Tompkins County Health Department to serve as sponsor for WIC Request for Application (October 1, 2009 to September 30, 2014):

Mrs. Connors stated she had submitted a draft letter in the BOH packet for the Board’s support for a Request for Application (RFA) to serve the WIC Program for a five year period of time starting October 1, 2009.  The State requires any WIC Program to reapply every five years.  She added that the WIC RFA needs to have the Board of Health’s support to go forward.

Dr. Snedeker moved to approve the Letter of Support for the Tompkins County Health Department to serve as sponsor for the WIC Request for Application, seconded by Mr. McLaughlin, and carried by a unanimous voice vote.

Yeshi Tsondu, Owner/Operator, Cajun Café Grill, V-Lansing; New York State Sanitary Code Part 14-1 Violation (Food Service Establishment): 

Carried over from January’s Board of Health meeting, at which time Mr. Tsondu came and spoke to Board members.

Mrs. Cameron stated that Yeshi Tsondu is a fairly new owner with a recent violation of failure to store potentially hazardous foods at a correct temperature.  She added it does appear Mr. Tsondu has been making efforts to assure this doesn’t happen again.  Temperature logs have been developed, as well as smaller amounts of food are being put in the buffet line in order to maintain proper temperatures. 

Dr. Snedeker moved the resolution and proposed that the fine be reduced to $100, seconded by Dr. Tyler.  Carried unanimously. 

Mr. Kenneth P. Fiero, Fraternal Order of Eagles #1253, C-Ithaca; Clean Indoor Air Act (CIAA) Waiver Renewal Request:   

Carried over from the January 13, 2009 Board of Health meeting.  Dr. Snedeker moved to approve the Waiver Renewal Request as written, seconded by Mr. McLaughlin, and carried by a unanimous voice vote.

Flanders Ventures, LLC/Tenney Brook Properties, LLC, Owner, Newfield Estates MHP, T-Newfield; NYS Sanitary Code Parts 5 & 17 and Tompkins County Sanitary Code Articles III, VI, & VII Violations (Water and Sewage)

Mrs. Cameron stated  there have been multiple changes in management since Mr. Richard Louie first acquired Newfield Estates MHP, adding this has happened once again, complicating the Board of Health orders.  Mr. Keith Hoffman is now manager of the park with Flanders Ventures LLC back as the owner.  Mrs. Cameron stated in MHP regulations the permits are issued to the operator, who is defined as the owner/operator of the park.  She added her division is trying to make sure permits are issued to the owners of the parks since the operators can change and they feel the owner needs to be held responsible on the permit.  Mrs. Cameron reviewed the violations and deficiencies Newfield Estates MHP was cited for and subsequent orders and penalties.

Dr. Tyler moved to accept the resolution as written, seconded by Dr. Snedeker. 

Mr. Keith Hoffman spoke to Board members, stating he had returned as manager of Newfield Estates MHP on January 12, 2009.  He stated he has been working with John Andersson and Skip Parr since then trying to resolve the violations.  He stated he is three months behind on mortgage payments.  He asked that the $3,600 penalty be waived so he could put this money back into the park to be used towards repairs/replacements to the sewer systems.  Mrs. Cole clarified that Mr. Andersson is working in his role as a consulting engineer.  Mr. Hoffman stated Mr. Louie would like him to purchase the property.  Currently, Mr. Hoffman is working voluntarily.  He added he wants to meet BOH orders and for everything to be operational prior to purchasing the property.  Mr. Hoffman stated his equipment is on site and ready to go as soon as they come up with an approved plan that is cost effective.  He added he disagrees with the proposed engineer’s drawings and this is his reason for consulting with Mr. Andersson. 

Dr. Snedeker proposed an amendment to the resolution stating that the $1,800 fine for previous violations continue to be enforced, and the subsequent $1,800 penalty be deferred for three months, pending completion of work.  Dr. Tyler was agreeable with this amendment.  Motion, as amended, carried unanimously.

Marguerite Smith, 4291 Krums Corners Rd., T-Ulysses; Tompkins County Sanitary Code Article IX (Open Burning) Violation – Revisit Penalty Assessment

Mrs. Cameron reviewed the fact that, although Mrs. Smith was the owner of the property, her nephews were the ones staying at her property off and on and had the violations.  Mrs. Cameron added there have been no further violations at this time and also that the nephews are no longer living on the premises. 

Mr. Lee Scott spoke on behalf of Marguerite Smith who resides with Mr. Scott and his family.  He stated since his previous appearance before the Board on December 9th, Mrs. Smith has given him Power of Attorney, as well as permission to sell the house and clean up the property. 

Mr. McLaughlin moved to forgo the proposed penalty of $250, seconded by Dr. Snedeker, and carried by a unanimous voice vote.

Decision on Proposed Revision to the Tompkins County Sanitary Code, Article VII – Water Supply (Held over from December)

Mrs. Cameron stated the original proposed revisions to Article VII contained two sets of changes; one being the Individual Water Well Program which was not passed.  There also were provisions in the code for regulating local public water systems which was essentially clarifying what her division already does for those systems.  When the original vote was taken, it was decided to come back and address the Local Public Water System part of the Code at a separate meeting. 

Mrs. Cameron passed around a letter today with a modified definition for a Local Public Water System which she would like included in the revisions to Article VII.  She also pointed out a change that needed to be included in the Sanitary Code – Attachment A, pg. 2 of 4, section S-7.03, item b. should be changed to read as follows “An application for approval to construct, alter, or modify a public or local water system shall be accompanied by such plans and information as the Commissioner requires.”

Mr. McLaughlin moved to accept the proposed revisions to the Tompkins County Sanitary Code Article VII – Drinking Water Systems, seconded by Dr. Tyler, and carried by a unanimous voice vote.

Adjournment

At 12:58 Dr. Snedeker moved to adjourn the meeting.  Carried.