Meeting Minutes
September 09, 2010
12:00 Noon
Rice Conference Room
| Present: |
Mr. Will Burbank; Dr. Erin Hall-Rhoades; Dr. James Macmillan, President; Mr. Patrick McKee; Mr. Michael McLaughlin, Jr.; Ms. Janet Morgan; and Dr. William Tyler |
| Staff: |
Mrs. Sylvia Allinger, Director of CSCN; Mrs. Liz Cameron, Director of Environmental Health; Mrs. Brenda Grinnell Crosby, Interim Public Health Director; Dr. William Klepack, Medical Director; Theresa Lyczko, Director Health Promotion Program; and Mrs. Patty Stamm, Administrative Assistant |
| Excused: |
Mr. Brooke Greenhouse and Mrs. Sigrid Connors, Director of Patient Services |
| Absent: |
Mr. Jonathan Wood, County Attorney |
| Guests: |
Carol Chase, Sr. Public Health Sanitarian and Steven Kern, Sr. Public Health Sanitarian |
| Privilege of the Floor: |
Yeshi Tsondu, Potala Café; Pam Gueldner and Kathleen Pasetty, Manndible Café |
Call to Order
Dr. Macmillan was running late, so Dr. Tyler called the regular meeting of the Board of Health to order at 12:10 P.M.
Privilege of the Floor
(1) Yeshi Tsondu of Potala Café addressed Board members regarding the August 3rd critical violation for steamed beef dumplings being out of temperature and his plans for keeping foods hot. Mrs. Chase added that following the second Board of Health action, Mr. Tsondu started keeping a temperature log and has been maintaining it.
(2) Kathleen Pasetty of Manndible Café addressed Board members regarding their two violations of Board of Health Orders for failure to store milk at the proper temperature. She acknowledged they received notification they needed to maintain a temperature log, which wasn’t read thoroughly and therefore they were unintentionally non-compliant with that particular order. She added once it was brought to their attention on a subsequent visit that they actually needed to have a written log, they established a log and maintain it on their refrigerator. Ms. Pasetty stated they have paid the $400 fine, but was hopeful that the Board would show some leniency towards the $800 fine. She added that on the most recent inspection, the milk was at the proper temperature; the violation was for lack of temperature monitoring logs, which has been rectified.
Approval of Minutes:
Ms. Morgan moved to approve the minutes of the August 10, 2010 Board of Health meeting as written, seconded by Mr. McLaughlin, and carried unanimously.
Financial Summary
Mrs. Grinnell Crosby distributed and reviewed the August 2010 Financial Summary. She stated she had nothing major to report at this time. She added that due to a number of grants coming to the end of their fiscal year, the department will have a number of adjustments to make for grant spending. She also added that State Aid is posted through the second quarter. The State Health Department did take action to eliminate State Aid for Early Intervention transition time, as well as the Certified Home Health Agency, effective July 7th. This means that finance records will have to be separated for third quarter claims.
Administration Report:
Mrs. Grinnell Crosby did not have any written report; however she distributed and reviewed a variety of handouts:
- Letter to Health Department employees from Joe Mareane, County Administrator, regarding the search for the new Public Health Director. Mrs. Grinnell Crosby added that the candidate for the position is expected to be in town this weekend to tour the area and check out the schools.
- Items related to the 2011 Budget:
- Updated departmental submission for budget.
- Copy of Health Department’s OTR requests that were submitted – Mrs. Grinnell Crosby discussed Mr. Mareane’s proposal of eliminating the approximately $400,000 per year local $ cost of the County’s CHHA by July 1, 2011. In the original budget submission, an OTR request was submitted to use roll-over funding to fund a consultant to do an analysis of the CHHA, which Mr. Mareane agreed to. A proposal will be going forward to the Legislature to start the analysis process in 2010. Mrs. Grinnell Crosby also stated she had put in a secondary OTR to continue funding the CHHA program through 2011. She discussed the other OTR’s put forward in the budget, some of which Mr. Mareane recommended and others he did not.
- A schedule of opportunities to comment on the 2011 Budget, as well as contact information for Tompkins County Legislators.
- A document providing a brief summary of what is going on with the Home Health Agency (CHHA) letting the public know they are fully staffed and continuing to render service. There has been some misconception that the CHHA is not open and providing services or receiving new referrals. Mrs. Grinnell Crosby stated that Melissa Gatch has met with some of their key referral sources, assuring them that they are still operating. A transition and implementation plan has to be approved, as well as a Certificate of Need process has to be filed if the CHHA is closed
.
Medical Director’s Report:
Dr. Klepack stated that he planned to make himself available during the upcoming visit of the candidate for Public Health Director in the event Mr. Mareane wanted the two gentlemen to meet.
With regards to the budget, Dr. Klepack also addressed the Board on the clinical impacts to home health care, which is a core function of the Health Department, and the health care delivery services in our area. He also spoke regarding the depth of the department and how some staff, during times of crisis, share responsibilities. He spoke about other roles in the department that will be affected as a result of the upcoming budget. Dr. Klepack stated that he is doing a presentation at a Rotary luncheon this week and will take the opportunity to talk about the mission of the Health Department and discuss the current budget situation.
A discussion ensued regarding surrounding CHHA programs and ramifications if the decision was made to close our program. Mrs. Grinnell Crosby stated an RFP would be issued and then the County would evaluate those who applied. The goal is for a private, not for profit, organization to do this. She added that it is a lengthy process that they need to learn about quickly so that they will be prepared if they need to go that route. Mrs. Grinnell Crosby also added that the Legislature could chose to fund the CHHA.
Dr. Tyler recommended forming a sub-committee to work on the issue of the closure of the CHHA program. Dr. Macmillan and Mrs. Grinnell Crosby both volunteered to be a part of the committee. Mr. Burbank strongly encouraged conversations with the individual Legislators to make them aware of the issue at hand. Mr. McLaughlin stated that he would like to be better educated regarding Health Department programs so the he would be more comfortable responding to potential questions from Legislators. Mrs. Grinnell Crosby reminded Board members not to lose sight of all of the OTR’s from other core services the Department is required to do by solely focusing on the CHHA program. She added that funding one way or the other could impact any particular thing. Mrs. Allinger spoke about the impact of the loss of a nurse in her division, stating that her staff has been streamlined down to the point that the possible elimination of a nurse would be devastating. Dr. Tyler requested that Mrs. Grinnell Crosby, Mrs. Connors, Mrs. Allinger, and Mrs. Cameron put together a presentation or organizational flow sheet showing the interaction of all Health Department programs. Mrs. Grinnell Crosby encouraged Board members who wished to speak about anything pertaining to the County budget to go to Privilege of the Floor over the next several weeks. Mrs. Grinnell Crosby will coordinate with Dr. Tyler, Mr. McLaughlin, and Dr. Macmillan regarding a meeting of the sub-committee, as well as alerting remaining Board members regarding plans to meet.
Direct or of Patient Services Report:
Mrs. Connors was excused from today’s meeting. Ms. Lyczko stated that there was nothing to add to the written report. She did state they were currently scheduling flu clinics which will begin October 15th and run through November 16th, by appointment. She added the schedule is listed on the Health Department website.
Children with Special Care Needs Report:
Mrs. Allinger stated she had nothing to add to her written report.
County Attorney’s Report:
Mr. Wood was not at today’s meeting.
Environmental Health Report:
Mrs. Cameron stated she had nothing to add to her written report.
Actions
Resolution #10-10-41: Pamela Gueldner, Owner/Operator; Manndible Café, C-Ithaca; Violation of Subpart 14-1 of the New York State Sanitary Code (Food):
Mrs. Cameron reviewed the history of the Manndible Café Food Service Establishment Inspections.
Mr. McLaughlin moved to accept the resolution as written, seconded by Ms. Morgan, and carried by a unanimous voice vote.
Resolution #10-10-40: Yeshi Tsondu, Owner/Operator; Potala Café. C-Ithaca; Violation of Subpart 14-1 of the New York State Sanitary Code (Food):
Mrs. Cameron reviewed the history of the Potala Café Food Service Establishment Inspections.
It appears that language/communication may be an issue for Mr. Tsondu. Mrs. Chase stated the health code states that the food must be either hot or cold and Mr. Tsondu has a misunderstanding that he can have the food out of temperature and, as long as he reheats it adequately, it’s safe. She further stated that Mr. Tsondu can demonstrate the concept when inspections are done, as well as seeming to understand what he is being told at that time. However, she is not sure he understands that the resolution applies to a different kind of food.
Mr. McLaughlin moved to accept the resolution as written, seconded by Dr. Tyler.
Mr. Burbank expressed the feeling Mr. Tsondu did not have a good grasp on the regulations. Mrs. Chase advised Board members Mr. Tsondu had managed and operated two restaurants before becoming a street vendor. He had several issues in the restaurants which were corrected; however she agreed that this is a different environment. Mr. Burbank recommended a reduction in the fine to $600. Mr. McLaughlin accepted the amendment to the resolution with the stipulation that Mr. Tsondu’s next fine would be double the current penalty - $1,600. Also, Mr. Tsondu needs to make himself available, along with a translator, for a compulsory meeting with Health Department staff to review all of these issues and how they apply to his business. This amendment and stipulation was agreeable to Dr. Tyler.
Mr. McKee expressed the feeling that $600 was not going to make a huge difference for Mr. Tsondu. Mr. McKee offered a further amendment that the fine be reduced to $200. Mr. McLaughlin accepted the new reduction in fine as long as Mr. Tsondu adheres to the other contingencies that were offered. This was also agreeable to Dr. Tyler.
Resolution, as amended: Mr. Tsondu to pay a penalty of $200. In addition, he shall acquire an interpreter and schedule a meeting with a Tompkins County Health Department food staff person, at the Health Department’s convenience, to review food safety issues, code requirements, and Board of Health resolution requirements. Ayes – 6; Opposed – 1 (Morgan). Carried.
Resolution #10-10-38: Katy Walker and Gregar Brous, Owner/Operator; Festival Retail Stand, T-Ulysses; Violation of Subpart 14-2 of the New York State Sanitary Code (Temporary Food):
Mrs. Cameron reviewed the fact that Katy Walker and Gregar Brous own restaurants, however in this case they had a separate permit to operate a Temporary Food Service Establishment at the Fingerlakes Grassroots Festival where foods were found to be out of temperature.
Mr. McLaughlin moved to accept the resolution as written, seconded by Mr. McKee, and carried by a unanimous voice vote.
Resolution #10-10-34: Lorry Neff, Owner/Operator; Mamma’s Sweet Treats, T-Caroline; Violation of Subpart 14-1 of the New York State Sanitary Code (Food):
Mrs. Cameron reported that this was a case where the food service was operating without a valid permit.
Mr. McLaughlin moved to accept the resolution as written, seconded by Dr. Tyler, and carried by a unanimous voice vote.
Resolution #10-15-37: Thomas Smith, Owner/Operator; Country Club of Ithaca, T-Ithaca; Violation of Subpart 6-1 of the New York State Sanitary Code (Swimming Pools):
Both Mrs. Cameron and Mr. Kern reviewed the two violations at the Main Pool of the Country Club of Ithaca for failure to maintain the minimum disinfectant residual of 1.5 mg/l for bromine.
Mr. McLaughlin moved to accept the resolution as written, seconded by Ms. Morgan, and carried by a unanimous voice vote.
Memo re: Requiring Food Safety Training:
Mrs. Cameron reviewed the memo included in the Board of Health packets regarding the status of the Safe-Serv course that NYSDOH has proposed that currently is on hold. She also discussed the proposed language for inclusion in the Board of Health Resolutions regarding food safety training (also included in the memo). Mrs. Cameron stated that she would like to change the wording in the first bullet of the resolution to read: “Ensure at least one food service worker attends and successfully completes a food safety training course approved by the Tompkins County Health Department within 90 days. In the event that no course is offered, contact the Tompkins County Health Department to make alternate arrangements.”…..
Board members also recommended deleting the words “attends and” in the first sentence of the first bullet so that it reads: “Ensure at least one food service worker successfully completes a food service training course…”
Dr. Macmillan:
Dr. Macmillan spoke about situations in which there may be a conflict of interest for members of the Board of Health in terms of either interpersonal relationships or financial relationships with some of the businesses that come before the Board for violations or other situations. He stated if this is the case, it would be best for Board members to recuse themselves from any vote on a resolution. Mrs. Grinnell Crosby added that if anyone had a question as to whether or not they should recuse themselves from a particular vote, they should consult with Jonathan Wood and/or Dr. Macmillan.
Adjournment:
At 1:47 P.M. Mr. McLaughlin moved to adjourn the meeting, seconded by Mr. Burbank; carried
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