BOARD OF HEALTH MINUTES

March 13, 2008

President Doyle Webster called the Board of Health to order on March 13, 2008 at 7:00 p.m.

Attendees: Lynn Jones, George Kellner, Dr. Kevin Ketring, Jean Hicks, Jim Squires Cammie Mitrione, Dr. Barry Webb and Mayor Doyle Webster, (Rita Hart at 7:20 p.m.)

Absent: Pam Willis

The minutes of February 14, 2008 were approved.

SMOKING VIOLATION ADMINISTRATIVE REVIEW HEARING

Mayor Webster asked Mr. Dan Comer if he is represented by counsel. Mr. Comer replied no. Mayor Webster said I’d like to proceed with the issue at hand.

Cindy Miller, notary, swore in Ella Jergens, City representative.

Ella Jergens stated that an anonymous complaint was received through the State database. It was printed on 11/28/07 and she inspected the premises at The Boulevard, 328 Northland Boulevard. Mrs. Jergens said she observed a patron smoking in the pool table area of the establishment and there were several ashtrays with extinguished butts seen in the bar area. She gave a copy of the report, a completed investigation worksheet, a copy of the regulations to the bartender on duty, Vicki, who was the person in charge. Vicki did not sign for the record. She did not want to sign the investigation report for the record. From that a notice of report was mailed certified to the business address on December 3, 2007.

Mayor Webster asked was this the first report of a smoking violation there?

Ms. Jergens replied no, this was the second report within 24 months. The first investigation was opened August 21, 2007.

Mayor Webster asked Mr. Forbes, is there anything else we need to get on the record?

Mr. Forbes responded, no, just so we’re clear on the record that there were two violations within a 24 month period. Ms. Jergens stated yes.

Mr. Forbes asked both violations were based on your personal observations?

Ms. Jergens responded yes.

No one on the board had any questions or comments.

Mayor Webster said Mr. Comer has requested an Administrative Review so I think we’ll entertain a motion to sustain or rescind the proposed penalty/fine.

Mrs. Jones made a motion to sustain the proposed fine. Dr. Kevin Ketring seconded the motion.

The motion to deny passed with 3-0. Mrs. Hart and Mrs. Willis were absent.

The fine of $100 stands.

In response to Mr. Comer’s question, Mrs. Mitrione said that the State would send Mr. Comer an invoice for the fine.

UNFINISHED BUSINESS

Tobacco-Free Worksite Mini-Grant Update

Mrs. Mitrione reported that the City will get up to $3,000 to conduct a smoking cessation lunch and learn program, possibly come up with some signage and pay for smoking cessation therapy for any employee and possibly a family member who may be interested in stopping smoking. She said they partnered with the SHIP program for the lunch and learn program.

Public Health Sanitarian Position

Mrs. Mitrione reported the position was advertised and there were six applicants. Two did not have the credentials. The other four will be interviewed next week.

Mammogram Van Follow Up

Mrs. Mitrione stated the mammogram van comes twice a year and they send us a follow up report if any of the results were abnormal. She said there was one abnormal report.

NEW BUSINESS

Annual Report

Mrs. Mitrione said the annual report is similar to last year’s report. She said they spent less on animal control this year. She said we have a new service and there have been no complaints about the service. Mrs. Mitrione said revenues were down slightly. She said we got slightly less in pan flu grant money and didn’t train as many in ServSafe. She said they did more two hour trainings. She said the numbers were up in the nursing area for immunizations, TB tests, home visits and blood pressure checks.

HEALTH COMMISSIONER’S REPORT

Six Star Honor Award

Mrs. Mitrione stated there have been six responses so far to the Six Star Honor Award. She said there are ten more who could earn the award and that they are going to call them to see if they are interested.

Mrs. Jones asked is there a restaurant in the Cincinnati North Hotel. Mrs. Mitrione replied they still have a license but she is not sure about a restaurant. She said they have to have food for the truckers who stay there. She said it has been confirmed by their maintenance people that they have bedbugs there.

Mayor Webster said he doesn’t know what’s going to happen with that place. He said we as a City really need for them to be successful. That’s the only banquet facility the City has other than Dave & Buster’s.

Mrs. Mitrione reported they were in there yesterday and from what she hears, the mold that was on the tenth floor from the roof damage has actually grown. Before you didn’t see it that much. She said apparently the area it covers has expanded so they’ll have to deal with that. The extent of the remediation will depend on the square footage of mold present.

Mayor Webster said I think you will have to hold that hammer over their head.

Mrs. Mitrione stated they do have a leg to stand on with their own local ordinance. She said they do have hotel/motel regulations on mold remediation and it uses the EPA guidelines for commercial buildings and schools. She said if it’s less than ten feet, then they can remediate it on their own. If it’s ten to a hundred feet it will have to be evaluated and possibly a remediator would have to come in. If it’s over one hundred feet then they definitely have to use a remediator. That’s probably more expensive than remodeling.

Dr. Ketring said there is a problem with mold and we have to make a decision.

Mrs. Mitrione said the sanitarians just went in there today and told me about the bedbug and mold issues. She said she will look at it too and they will have to take some kind of action. She said they will take the camera. She said they have the authority to order them to do whatever the Code suggests that they do. Mrs. Mitrione said they’re following the EPA guidelines.

Mrs. Hart asked are there liability issues for the board if we know there is mold in certain areas and they can’t rent rooms above or below this floor?

Mrs. Mitrione replied it is isolated on the tenth floor. We have gone through there months ago with the Building Department and talked to the management about how the air is controlled. We have been told that the air on the tenth floor is not recirculating through the rest of the building.

Mrs. Hart asked is it just voluntary that they don’t rent rooms on the tenth floor?

Mrs. Mitrione responded that they issued orders to them to remediate the mold and not to occupy the rooms until they are remediated and remodeled. Their understanding is that it is a voluntary situation but in my mind they have been ordered to not use that area until it has been cleared through the Health Department.

Dr. Ketring asked who tells us everything is okay.

Mrs. Mitrione stated mold is a tricky issue because there are no national standards. If you can smell it or see it, it is not acceptable.

Dr. Ketring said there is public record that we are aware that there is a problem. He said we have to be sure that we take every step to remedy that problem. If that includes closing them, we have to do what we have to do. We have health issues.

Mrs. Mitrione stated she will check with the Building Department to see that the hotel did have their roof repaired. She said she will personally go there with a tape measure and a camera and they’ll identify how big the mold area is, what it looks like. She said then they will compare what they’re finding to what the Code dictates for them to do and they will proceed from there. Mrs. Mitrione said she will e-mail their findings to the Board.

Mrs. Mitrione also stated that there was an employee who got sick and was told by her doctor to not go on the tenth floor to clean because of mold allergies.

Spanish Class

Mrs. Mitrione reported that everybody in the Health Department is taking a Spanish class with the Community Center employees.

NURSE’S REPORT

CDC E-mails

Mrs. Hicks said one of her jobs now is to watch for CDC information on e-mail. She said she enclosed an e-mail in the packet for their information.

Hepatitis C training

Mrs. Hicks stated the Hepatitis C training that she went to last month will allow her to reach out to the few people she gets reports on in Springdale who have Hepatitis C and urge them to seek medical care right of way.

Children’s Health Fair

Mrs. Hicks said the Children’s Health Fair for third graders will be held April 3. She said there will be lots of health education ideas for the children to participate in.

Mayor Webster asked about the unsanitary living conditions on Kemper Road.

Mrs. Mitrione said the Health Department responded to a call from the Police Department. Mrs. Mitrione said there was a couple with children living in the house. The house reeked of dog smell, urine and feces. She said in the back room where the man apparently slept there was a curtain against a wall that was saturated with what she believed was urine. There was a gallon container full of yellow fluid that the man said was urine that he dumped into the commode occasionally. There was mold growth up the wall by the curtain and evidence of roaches in the kitchen. There were also several dogs of which three had been removed by the SPCA. Mrs. Mitrione said she called Children’s Services. Children’s Services came out and although they said the children were being neglected emotionally, there was food and shelter so they did not open a case. Mrs. Mitrione said the man ordered her out of his house. She said they ordered the residents to clean up the urine, get rid of the mold and roaches and they went back the next day and it smelled better. Mrs. Mitrione said the mother took all of the children out of the home. She said they have been by several times to re-inspect but there has not been anyone there. She said they think they have vacated the premises.

Dr. Ketring asked has anyone gotten in to check the house?

Mrs. Mitrione replied that they couldn’t get in. She said it appears that there is nobody living there. She also said if adults want to live that way and the neighbors don’t complain there is nothing the Health Department can do. She said if there are children involved then the Health Department would be involved.

Flu Report

Dr. Webb said the flu didn’t seem to be as bad this year. If a person took Tamiflu right away after becoming ill, it shortened the time of illness.

Mrs. Mitrione stated ODH has said that if the pandemic flu reaches WHO level 4 that they are going to provide the health departments with Tamiflu for distribution to restock hospitals.

Dr. Webb responded if the Health Department is going to dispense it, it would make more sense to give it to contacts.

Respectfully submitted,

Cammie Mitrione, RS

Health Commissioner