BOARD OF HEALTH MINUTES May 7, 2015

BOARD OF HEALTH MINUTES May 7, 2015 The Greene County Board of Health met in regular session Thursday, May 7, 2015, at the Greene County Combined Health District office. The meeting convened at approximately 6:30 p.m. In attendance: Scott Filson, President; Scott Hammond, Elaine Hughes, June Johnson, Melvin Johnson, Angelia Mickle, Charlene Montague, Andrew Root, Kathy Saunders, Thomas Selden, and Nancy Terwoord. Excused: William Beeman. Absent: Teresa Zryd, MD. Staff in attendance: Melissa Howell, Health Commissioner; Dr. R. P. Dillaplain, Robyn Fosnaugh, Jeanette Ghand, Debbie Leopold, and Susan Martin. Guests in attendance: Rachel Wong, Stephanie Hayden. ADOPTION OF AGENDA #15-05-07-2. Ms. Montague moved to adopt the agenda. Ms. Hughes seconded the motion. The agenda was adopted by acclamation. MINUTES OF PREVIOUS MEETING #15-05-07-3. Ms. Terwoord moved for the approval of the minutes of the April 2, 2015, Board of Health meeting. Ms. Hughes seconded the motion. The minutes of the April 2, 2015, meeting were approved by acclamation with Dr. Johnson abstaining. PRESENTATION Stephanie Hayden, Greene County Assistant Prosecuting Attorney, presented.75 hours of continuing education on the Open Meetings Act. Ms. Howell asked if executive sessions can appear regularly on an agenda and if there is a specific time during a meeting for an executive session. Ms. Hayden stated that executive session can appear regularly on the agenda and there is no placement requirement of an executive session. Ms. Howell asked if discussions of former employees or an Ohio Attorney General opinion would be covered under the approved reasons to adjourn into executive session. Ms. Hayden stated that it would depend on why a board needed to discuss a former employee and provided the example of a contentious termination that might lead to litigation the board could go into executive session under pending or imminent ligation as appropriate. Ms. Hayden further used the example of discussing the payout of sick leave or vacation of a terminating employee; the board could go into executive session to discuss compensation of a public employee. Mr. Filson asked if more than one court action could be discussed in an executive session or does a board need to do two executive sessions. Ms. Hayden stated that a board can discuss more than one court action during one executive session. Ms. Hayden also stated that a board can call more than one reason to go into executive session. Ms. Hayden noted that if a board has to discuss the discipline of one employee and the compensation of another employee it would need to call two executive sessions. 1

Ms. Mickle asked for further clarification on keeping the executive session item on every agenda. Ms. Howell stated that it serves as notification to the public that an executive session could be called at the board s discretion. Mr. Selden asked about the board s decision to move the July meeting from the second to the ninth. Ms. Hayden stated that if the change is called out in a public meeting that s serves as appropriate notification. Ms. Martin noted that the practice is to notify the media. Mr. Selden asked if the board needs two executive sessions if the board is required to come out of executive session and then move to go into executive session for the next item. Ms. Hayden confirmed that the board did have to come out of executive session for the first issue and then move to go into executive session for the next item. Dr. Dillaplain stated that this presentation is one of the best he has ever attended. Dr. Dillaplain asked if a board member discusses an item outside of executive session regarding pending or imminent court action if then that member s attorney client privilege is waived. Ms. Hayden stated that in that situation the member has created a great deal more work for the attorney. Ms. Hayden would have to argue that it takes a majority of the board to waive privilege not one member. Dr. Dillaplain noted that the board should not name names while making the motion to go into executive session. Ms. Hayden concurred. Dr. Dillaplain stated that an employee under investigation can request to have the hearing done in public. Ms. Hayden stated that police, fire and school boards have a specific procedure that must be followed; the health district is not governed by that procedural requirement. Ms. Howell noted that a board member has received a letter from the state auditor regarding a payout. Ms. Hayden stated that the board could discuss that matter under imminent litigation. #15-05-07-4. Ms. Hughes moved to amend the agenda to move the Executive Session from Item #9 to Item #4. Ms. Montague seconded the motion. The amendment was approved by acclamation. EXECUTIVE SESSION #15-05-07-5. Mr. Selden moved to adjourn into Executive Session for purposes of discussing imminent court action. Mr. Root seconded the motion. The roll call vote was recorded as follows: Mr. Filson Yes Ms. Montague Yes Mr. Hammond Yes Mr. Root Yes Ms. Hughes Yes Ms. Saunders Yes Ms. Johnson Yes Mr. Selden Yes Dr. Johnson Yes Ms. Terwoord Yes Dr. Mickle Yes The board invited Ms. Martin to stay and adjourned into executive session at 7:21 p.m. The Board of Health returned to regular session at 8:02 p.m., without taking any action. 2

ENVIRONMENTAL HEALTH Ms. Howell noted the materials distributed in the board s packets on the property at 5694 Xenia Street, Bowersville. Ms. Leopold stated that Greene County Building officials could not provide service at this location since there is no contract with Bowersville. The fire chief contacted Ms. Hayden and she recommended he contact the health district for assistance. Ms. Leopold went through the pictures and provided commentary of the property damage. The property owner is deceased and since no estate has been established the health district assumed responsibility for boarding and securing the property after a preliminary inspection by a structural engineer. Ms. Leopold reported that the state building inspection report is pending. Mr. Selden asked if the fire chief was in agreement with the opinion of the structural engineer. Ms. Leopold stated that the fire chief concurred with the opinion. Mr. Selden asked about demolition. Ms. Leopold reported that right now the health district is seeking the declaration of a public health nuisance and the cost of the boarding and securing be placed on the tax duplicate as a lien. Ms. Leopold stated that possible demolition of the property will need additional research as to funding sources. Dr. Johnson asked how long the property was in use. Ms. Leopold noted that the church was built in the 1920s and was purchased by the deceased owner in 2012. #15-05-07-6. Ms. Hughes moved to declare the property located at 5694 West Xenia Street, Bowersville Village, Parcel ID#E15-0001-0001-0-0059-00, Greene County, Ohio a public health nuisance. Dr. Johnson seconded the motion. Dr. Mickle asked if this action encouraged homeowners to pay the fee. Ms. Howell stated that the fee usually gets added to the tax bill and gets paid with the tax bill. #15-05-07-7. Ms. Hughes moved to certify to the Greene County Auditor that the amount of $4,200.00 be placed on the general tax list and duplicate as a lien on the real property located at 5694 West Xenia Street, Bowersville Village, Parcel ID# E15-0001-0001-0-0059-00, as provided by Section 3707.01 of the Ohio Revised Code, for boarding and securing the property to abate an immediate danger to life and health. Ms. Terwoord seconded the motion. 3

#15-05-07-8. Ms. Terwoord moved to certify to the Greene County Auditor that the amount of $100.00 be placed on the general tax list and duplicate as a lien on the real property located at 1001 West Spring Valley-Paintersville Road, Spring Valley Township, Parcel ID# K28000100210000300, as provided by Sections 319.281 and 3709.091 of the Ohio Revised Code, for unpaid household sewage disposal system operation and inspection fees. Ms. Montague seconded the motion. The roll call vote was recorded as follows: Mr. Filson Yes Ms. Montague Yes Mr. Hammond Yes Mr. Root Yes Ms. Hughes Yes Ms. Saunders Abstain Ms. Johnson Yes Mr. Selden Yes Dr. Johnson Yes Ms. Terwoord Yes Dr. Mickle Yes The motion carried. #15-05-07-9. Ms. Hughes moved to certify to the Greene County Auditor that the amount of $100.00 be placed on the general tax list and duplicate as a lien on the real property located at 596 Sharp Road, Silvercreek Township, Parcel ID# J26000100080005400, as provided by Sections 319.281 and 3709.091 of the Ohio Revised Code, for unpaid household sewage disposal system operation and inspection fees. Mr. Selden seconded the motion. FINANCIAL REPORTS Ms. Ghand noted the audit, boarding and securing charges, roof repair charges, and the purchase of promotional materials on the voucher summary. Dr. Mickle asked if the purchase of staff jackets was for identification purposes. Ms. Howell stated for emergency response, and marketing and branding. #15-05-07-1. Voucher Summary/Open Purchase Orders Mr. Hammond moved to approve the Voucher Summary/Open Purchase Orders. Mr. Selden seconded the motion. Ms. Ghand noted the $51,000.00 advance to the Reproductive Health and Wellness Grant Fund since grant funding has not been received; adjustment to the Dental Fund of $15,000.00 is to cover the cost of equipment including the panoramic x-ray; and $2,500.00 for the Infant Immunization Grant Fund was for the purchase of vaccines. Dr. Mickle asked if the advance to Reproductive Health and Wellness would need to be repaid before the end of the year. Ms. Howell confirmed advances are returned in the same fiscal and calendar year. Mr. Selden asked where the transfer actually goes. Ms. Howell explained that the money has to be taken from unappropriated funds in the General Health Fund and then placed in a line item before it can be advanced to Reproductive Health and Wellness. 4

Ms. Montague asked for Ms. Howell to explain the three ways to move money in the budget. Ms. Howell stated that advances are basically loans to another fund; budget adjustments are changes made between line items within a fund; and transfers move money to other funds and will not be repaid. #15-05-07-10. Ms. Terwoord moved to approve the budget adjustments/appropriation transfers. Ms. Hughes seconded the motion. Fund General Health Fund From Account Description Code 0063-0005 Unappropriated Balance Dental Fund 0107-0005 Unappropriated Balance Infant 7507-0005 Unappropriated Immunization Balance Grant Fund Account Code 0063-0005- 5731.00 0107-0005- 5504.00 7507-0005- 5203.00 To Description Amount Advances Repaid $ 51,000.00 Equipment/Vehicle $ 15,000.00 Materials/Supplies $ 2,500.00 #15-05-07-11. Ms. Terwoord moved to approve the fund transfers/advances. Ms. Montague seconded the motion. The fund transfers/advances were approved by acclamation. FUND TRANSFERS/ADVANCES Reproductive Health and Wellness Grant Fund, 7503-0005 To: 4960.00 Advances to be Repaid $ 51,000.00 General Health Fund, 0063-0005 From: 5731.00 Advances Repaid ($ 51,000.00) Ms. Ghand provided an overview of the income and expenditure report. #15-05-07-12. Income and Expenditure Report April 2015 Ms. Terwoord moved to accept the Income and Expenditure Report pending the audit. Ms. Hughes seconded the motion. Dr. Mickle asked if the provider part of the Reproductive Health and Wellness program was still working well. Ms. Howell noted the financial issue is related to not receiving the grant funds and batch billing from the electronic medical record. HEALTH COMMISSIONER S REPORT Ms. Howell reported that today was busy including the Blowing in the Wind exercise and the performance management plan training. Ms. Howell noted the botulism poisoning in Lancaster, 5

the fingernail that was found in a Taco Bell Mexican Pizza that could not be validated, substance abuse and heroin, and e-cigarettes. Ms. Terwoord asked about the article in the Greene County section of the Dayton Daily News on the Flying Tiger restaurant. Ms. Leopold noted that the sanitarians are following up with the facility. COMMITTEE REPORTS Administrative Evaluation Committee Dr. Johnson reported on behalf of the Administrative Evaluation Committee that the health commissioner s evaluation process is underway. Meeting dates will be determined. Mr. Filson stated that it is the committee s intent to have a report at the next meeting. Finance/Audit Committee Mr. Selden asked about the Public Health Uniform Chart of Accounts Crosswalk Project report that was distributed at the table. Ms. Howell reported that the project is sponsored by the Robert Wood Johnson Foundation and is a financial communication tool between for federal, state, and local agencies. Personnel Committee No Report. Planning and Evaluation Committee No Report. PERSONNEL #15-05-07-13. Ms. Terwoord moved the following resolutions: The Greene County Board of Health wishes to recognize and commend Marilee Johnson for her devotion and service to the Greene County Combined Health District. WHEREAS: Ms. Johnson will retire effective June 30, 2015; and, WHEREAS: Said retirement will conclude a career in public health of twenty-five (25) years of service dedicated to the Greene County Combined Health District and the residents of Greene County; and, WHEREAS: Her dependability, diligence to duty, and loyalty to the Greene County community in the performance of those duties; SO BE IT RESOLVED BY THE GREENE COUNTY BOARD OF HEALTH: Section 1. Section 2. The Greene County Board of Health wishes to express its appreciation of Ms. Johnson s service on behalf of the Greene County Combined Health District and the residents of Greene County. That a copy of this resolution be presented to Ms. Johnson as a small token of the Greene County Board of Health s appreciation for her years of dedicated service. 6

The Greene County Board of Health wishes to recognize and commend Brenda A. Seilhamer for her devotion and service to the Greene County Combined Health District. WHEREAS: Ms. Seilhamer will retire effective July 31, 2015; and, WHEREAS: Said retirement will conclude a career in public health of twenty (20) years of service dedicated to the Greene County Combined Health District and the residents of Greene County; and, WHEREAS: Her dependability, diligence to duty, and loyalty to the Greene County community in the performance of those duties; SO BE IT RESOLVED BY THE GREENE COUNTY BOARD OF HEALTH: Section 1. Section 2. The Greene County Board of Health wishes to express its appreciation of Ms. Seilhamer s service on behalf of the Greene County Combined Health District and the residents of Greene County. That a copy of this resolution be presented to Ms. Seilhamer as a small token of the Greene County Board of Health s appreciation for her years of dedicated service. The motions carried by acclamation. Ms. Terwoord thanked both Marilee Johnson and Brenda Seilhamer on behalf of the board for their service. OLD BUSINESS Mr. Filson reminded the board that the July meeting has been moved to Thursday, July 9, 2015. NEW BUSINESS Ms. Terwoord reminded the board of the upcoming NALBOH Conference and expressed her interest in attending. Ms. Terwoord suggested that anyone interested in attending to let Ms. Howell or Ms. Martin know. ADDITIONAL BUSINESS No Additional Business. The May 7, 2015 Board of Health was adjourned. Scott Filson, President Melissa A. Howell, Secretary 7