Meeting Minutes
June 08, 2010
12:00 Noon
Rice Conference Room
| Present: |
Mr. Will Burbank; Mr. Brooke Greenhouse; Dr. James Macmillan, President; Mr. Patrick McKee; Mr. Michael McLaughlin, Jr. (12:10 PM); Ms. Janet Morgan; Dr. Erin Hall-Rhoades; and Dr. William Tyler |
| Staff: |
Mrs. Sylvia Allinger, Director of CSCN; 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 |
| Guests: |
Steven Kern, Sr. Public Health Sanitarian; Carol Chase, Sr. Public Health Sanitarian; Ted Schiele, Planner/Evaluator; and Theresa Lyczko, Director Health Promotion Program |
| Privilege of the Floor: |
Richard Monclova, Owner/Operator, Orange Blossom Pancake House and Dellner Small, Head Chef, Orange Blossom Pancake House |
Call to Order
Dr. Macmillan called the regular meeting of the Board of Health to order at 12:01 P.M.
Privilege of the Floor
Dellner Small, Head Chef of the Orange Blossom Pancake House, apologized to the Board on behalf of the Orange Blossom Pancake House for the necessity of his visit, stating he recently took over as Head Chef of the Orange Blossom House. He added he is Serv-Safe certified. In an effort to prevent any further violations, Mr. Small discussed steps he has taken for monitoring food temperatures and logs, as well as training that he has done with his staff
Mr. Monclova stated he has done his best to comply with Health Department regulations and keep his patrons healthy. He added a lack of concern for the public’s health is not why he keeps having these issues; it’s due to the logs and not due to tainted or dangerous foods.
When questioned by Mr. Greenhouse, Mr. Small stated he has been Serv-Safe certified for the last five years. He currently is the only chef certified; however he plans on getting his Sous Chef and a night line chef Serv-Safe certified.
Approval of Minutes:
Ms. Morgan moved to approve the minutes of the May 11, 2010 Board of Health meeting as written, seconded by Mr. Greenhouse.
Dr. Macmillan offered a correction to the minutes on page 5. Under the Orange Blossom Pancake House section, last paragraph. The vote should be as follows: Vote:
7 – Ayes; 1 – No (Tyler).
Minutes, as revised, were unanimously approved.
Financial Summary
Mrs. Grinnell Crosby asked to defer to next month for a financial summary. She added there is nothing major to report at this time. She further stated they were still working on filing claims. Mrs. Grinnell Crosby was also hopeful there would be a State budget by next month so they would have a better idea of the impacts on the Health Department budget.
Administration Report:
Mrs. Cole stated this would be her last Board of Health meeting. She thanked Board members for all the hours spent serving as volunteer members of the Board during their years of service. She also thanked them for their support, adding this is the group that really understands what the staff does.
Mr. Greenhouse thanked Mrs. Cole on behalf of the Board for all of her hard work in leading the department through a lot of amazing times over the past few years.
Dr. Tyler added that when Mrs. Cole was hired as Director she was able to turn the Health Department from a somewhat dysfunctional group into an outstanding organization.
Medical Director’s Report:
In addition to his written report, Dr. Klepack passed around and reviewed a graph he received from the State Health Department illustrating the health care worker vaccination rates for H1N1 and influenza.
Following a recent trip to Scotland, Dr. Klepack brought back a “mask” which relates to public health. He demonstrated what barrier protective clothing (including the mask) a Public Health Director might have worn in 1644 in Edinborough, Scotland when making a visit to a plague victim living in a tenement. There were two forms of the plague, one of them being the Bubonic plague which is a disease that enters from the tick bite into the lymph nodes. The lymph nodes then separate and need to be incised and drained and then be cauterized by a red hot poker. Dr. Klepack pointed out things currently being done to control disease, i.e. some form of barrier preventions, environmental health standards of better sanitation, better rat control, less crowding, and better air circulation. He added that plague still exists in the world, in the western United States, and in the Andes of South America, stating that the only thing that protects us is public health.
Direct or of Patient Services Report:
Mrs. Connors.
- In recognition of an ordinance passed in Ithaca in April, Mrs. Connors introduced Theresa Lyczko, Director of the Health Promotion Program, and Ted Schiele, Planner/Evaluator for the Health Promotion Program. Ms. Lyczko distributed a Center for Public Health and Tobacco Policy newsletter which highlights the work of the Tompkins County Health Department, through the efforts of Ted Schiele, for the past three years advocating for tobacco-free policies in certain areas of the City of Ithaca. This ordinance is the result of a coordinated effort of Tobacco Free Tompkins, community partners, the City of Ithaca, as well as Ted Schiele. Ms. Lyczko also added that the New York State Tobacco Control Program is at risk for some cuts in the State budget. She stated this would have a very big impact in terms of the initiatives that this program has put into action across the state, as well as locally.
Children with Special Care Needs Report:
Mrs. Allinger.
- Reported that back in March there were new proposed regulations to the Early Intervention Program which were things that had been discussed for years. During the last week in May, Mrs. Allinger found out the regulations would be published on June 2nd and become effective on June 3rd. She added on June 7th, these regulations are finally available for printing. As a result of this, the contracts for individual providers and agencies which are typically sent out at the end of May have been held back. She added there are 94 pages of regulations she needs to go through and check against the contracts. She stated she hopes to have these contracts out by the end of June since they follow the school year, July 1st through June 30th. Mrs. Allinger also reported she will be meeting with each of their agencies, as the new regulations really do impact the way the agencies will be functioning in the Early Intervention Program.
- Reported the NYS Department of Education will be supplanting their 59.5% reimbursement to the county with ARRA (American Recovery and Reinvestment Act) funding (stimulus funding). She added they have until Friday, June 11th, to get their application into the State Education Department, otherwise they will not qualify for the ARRA funding, resulting in a potential for reimbursement, which they tend to receive on an every six month basis, being held up to at least two years. Mrs. Allinger stated they are moving forward with this and then will start to look at the reporting structure for the ARRA funding, which is very tedious.
County Attorney’s Report:
Mr. Wood stated he had nothing to report. He added he would like to request a brief Executive Session. Dr. Macmillan stated he also had an item which would require discussion in Executive Session. It was decided to do these at the end of the meeting.
Environmental Health Report:
Mrs. Cameron.
- Reported on a near drowning a couple of weeks ago at the Island Fitness Center. Reportedly, the life guard was in the Equipment Room when this incident occurred. Mrs. Cameron stated her Division is working with the NYSDOH and they expect to be bringing enforcement action to the Board.
- Reported there is going to be a Hookah Lounge in Collegetown. Mr. Kern stated this Hookah Lounge is an establishment that primarily sells smoking paraphernalia. Because of this, they can have smoking on the premises which means that they can have hookahs for rent and the sale of hookah tobacco (tobacco with fruit and dried herbs).
- Reported Frank Chase will be retiring on June 29th after working 22 years for the County.
- Requested that since Mr. Monclova has been here since 11:00 A.M., his agenda item be moved up on the list. Mr. Greenhouse moved that the item for Mr. Richard Monclova be moved up on the list, seconded by Mrs. Morgan; carried.
Actions
Richard and Blodwen Monclova, Owners/Operators, C-Ithaca, Violation of Part 14-1 of the NYS Sanitary Code (Food):
Mrs. Cameron briefly reviewed the history of the Orange Blossom Pancake House. She reported that Mr. Monclova may not have fully understood the separate temperature monitoring requirements of the Board of Health Resolution of April 13, 2010 and the Waiver request of March 8, 2010. A re-inspection on May 19, 2010 found turkey sausages, as well as potatoes to be out of temperature. In addition, the waiver requirements of March 8th were not being followed for the potatoes.
Mrs. Cameron reported the relationship between her staff and the restaurant has not been easy at times. However, Mr. Monclova and Mr. Small, Head Chef, met with staff prior to today’s Board of Health meeting, and Mr. Small is very capable, is well-aware of the requirements, and is currently working to train staff. She stated Mr. Monclova has made a concerted effort to be cooperative, and they are trying to move forward from what was a more adversarial relationship. Mrs. Cameron stated that, in consultation with Mrs. Chase, they would support a reduction in the proposed penalty on the understanding if there were further violations, staff would recommend any future fine based on double the currently proposed fine.
The question was brought up regarding whether Mr. or Mrs. Monclova needed to be Serv-Safe certified in addition to a member of the restaurant staff. Following a lengthy discussion amongst Board members and staff, Mr. Greenhouse offered the following amendment to the draft resolution:
Item #1: The penalty is reduced to $400.00.
This motion was seconded by Dr. Tyler, and carried by a unanimous voice vote.
Mr. Greenhouse then offered a second amendment to the draft resolution:
Item #3: Mr. Greenhouse requested it be made clear in item #3 of the draft resolution that for the next 12 months there is a requirement that a Serv-Safe certified individual be employed in the food preparation staff; seconded by Mr. Burbank.
Mr. McLaughlin stated he felt it was not a practical solution to mandate that a Serv-Safe certified individual be employed in the food preparation staff, stating often it is difficult to hire an employee, let alone hire someone who is Serv-Safe certified.
Mr. Greenhouse withdrew his previous motion to item #3.
Mr. McLaughlin made a motion that item #3 of the draft resolution be amended to read as follows: “Ensure that a member of the restaurant staff attends and successfully completes a Serv-Safe Course prior to November 1, 2010.” Provide proof of successful course completion to the Tompkins County Division of Environmental Health by November 30, 2010.” This motion was seconded by Mrs. Morgan, and carried by a unanimous voice vote.
The amended resolution was carried by a unanimous voice vote.
Mr. McLaughlin requested Environmental Health staff implement a policy in regards to requirements for institutions that have had difficulties in complying with the Serv-Safe Course certification. Dr. Macmillan suggested that first it might be good to review the Serv-Safe Course regulation history and get some sense of how it might be used locally in a helpful way. Mr. McLaughlin was in agreement with this.
Approval of revisions to the Childhood Lead Poisoning Prevention Policy:
Mr. Greenhouse moved to approve the revisions to the Childhood Lead Poisoning Prevention Policy as written; seconded by Mr. McLaughlin and carried unanimously.
Mrs. Connors noted they have a binder which includes the information from the State Health Department’s March survey of the Health Department’s Lead Program. The State DOH provided the Health Department with recommendations on improvements and all of those were incorporated into these two policies which are before the Board today. She added the State DOH has already approved the revisions made by the Health Department; however it is not official until it is approved by the Board of Health.
Dr. Tyler expressed some concern in situations where families refused to allow their child to have a lead test that a referral to Child Protective Services only needed to be considered. He felt the lead test should be mandatory. Mrs. Connors stated she felt in cases where families refused the test, the child’s physician would be called to review the situation, in addition to consultation with the Medical Director of the Health Department, and then a determination would be made as to the next step.
A short discussion ensued regarding the responsibility of Health Department staff as far as mandated reporting in these types of situations.
Mrs. Connors offered to amend the wording on pg. 8, Section J. Closure Criteria, #2 Case closure – Administrative, a, Refusal of service:, iii to read as follows: “For lead levels equal to or greater than 15 mcg/dl, consult with the TCHD Medical Director and the child’s primary provider to consider whether a hotline to Child Protective Services for neglect is indicated.”
Mrs. Allinger also stated that certain elevated lead levels indicate an automatic mandated referral to the CSCN Program. She stated they go into the home to assess the child’s developmental status and the ability of the parents within the home. She added part of their mandate is to educate the parents. Staff inform parents they are mandated reporters and if the parents do not follow through with specific requirements, they will be encouraged to self-report, or CSCN staff will hotline them for medical neglect.
Approval of revisions to the Lead Poisoning Prevention Program Quality Improvement Policy and Procedure:
Mr. Greenhouse moved to accept the revisions to the Lead Poisoning Prevention Program Quality Improvement Policy and Procedure as written; seconded by Dr. Tyler.
Mrs. Connors noted this policy has been revised to include the process to catch any possibility of staff missing the review of the lead test results. She added this was one thing addressed by the State. Mrs. Connors stated that due to the H1N1 activities, a number of work processes started to slip by and one of them was the daily checks on the Lead Track. She stated there is now a process in place to assure there are at least three people qualified and skilled and able to do that should they have any staffing changes.
Carried unanimously.
For Discussion: Review of the Environmental Health fees proposed for 2011:
Mrs. Cameron reviewed her approach to establishing the proposed fees. She stated she tried to keep the Operating Fees in the same proportion of return they have been in the past. She added the process is subjective and tries to reflect the impact on the receiver. She stated she tried to recover a higher percentage in the Plan Review Fees.
A short question and answer discussion ensued between Board members and staff regarding details of the proposed fees. Per request, Mrs. Cameron will make the necessary small modifications to Table 1 of the 2011 Proposed Environmental Health Fees.
Mrs. Cameron raised an issue of Temporary Food Service Permits. She stated these permits take up a considerable amount of staff time and have become a real challenge. She added there is a small fee of $55; however most of the facilities are non-profit and years ago the Board adopted a policy of not charging a fee to the non-profit organizations. Mrs. Cameron welcomed any input from the Board regarding this issue. Dr. Macmillan stated some cost data on temporary food service permits would be very useful, adding he would not be against considering some nominal fee for these temporary permits. Mrs. Cameron stated this would not be included in this year’s budget, but she would provide some data in anticipation of next year’s proposed fees.
Executive Session:
At 1:45 P.M. Mr. McLaughlin moved to adjourn to Executive Session for the purpose of contractual, as well as personnel issues; seconded by Ms. Morgan. Carried.
Out of Executive Session:
At 2:06 P.M., Mr. McLaughlin moved to adjourn from Executive Session, seconded by Mr. Greenhouse. Carried.
Adjournment:
Mr. McLaughlin moved to adjourn the meeting at 2:07 P.M., seconded by Mr. Greenhouse. Carried unanimously.
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