Health Committee

August 8, 2007 - 7:30 am

DRAFT MINUTES

 

Members:                   Sean Clark, Chairman; Sandy Price, Vice Chairman; Larry Cornell, Mike McKee, Ron Van Dee and Tom Williams

Others Present:          Marilyn Brown, Chairman, County Legislature; Katrina Spicer, Secretary to County Administration; M. J. Uttech, Deputy Director of Public Health; Michael Kilmer, Director of Administrative Services, Mental Health Department; Audrey Lewis, Environmental Health; Richard Van Donsel, County Attorney; Corey Preston, Cortland Standard; and Sandy Panzanella

Absent:                       Carol Tytler

Mr. Clark called the meeting to order at 7:30 a.m.

Ms. Price moved adoption of the minutes of the July 11, 2007 meeting; seconded by Mr. Williams.  All members voting in favor; none opposed; minutes approved as printed.

SUGGESTED LEGISLATIVE REVIEW:

**The following items have been noted as items for suggested Legislative Review by the Chairman of the Health Committee.  These items are also noted with ** and in bold print.

 

·       Clean Indoor Act

·       Suit Kote Expansion

·       Horizon House Certification

RESOLUTIONS:

HEALTH DEPARTMENT

1.                  Authorize Agreement/Accept Funds, Health Department – Children With Special Needs (Children With Special Needs Grant) – Mr. Van Dee moved adoption; seconded by Mr. McKee.  Mr. Clark stated that New York State was providing additional funds to purchase new air conditioners.  All members present voting in favor; none opposed; resolution approved.

2.                  Authorize Agreement/Accept Funds, Health Department – Administration – Special Programs (Cancer Services Program) – Mr. McKee moved adoption; seconded by Mr. Cornell.  Mr. Clark stated that New York State was awarding funds for fees and services.  Mr. McKee inquired if anything needed to be done to receive these funds.  Mr. Clark stated no.  All members present voting in favor; none opposed; resolution approved.

MENTAL HEALTH

3.                  Authorize Agreement, Richard McNeilly, CPA – Mr. Cornell moved adoption; seconded by Ms. Price.  No discussion occurred regarding this resolution.  Mr. Clark, Ms. Price, Mr. Cornell, Mr. McKee and Mr. Van Dee voted in favor; Mr. Williams was opposed; resolution approved.

DISCUSSION:

1.                  ** Clean Indoor Air Act – Audrey Lewis, Environmental Health – Mr. Clark explained that he invited Audrey Lewis of Environmental Health to attend this meeting to discuss the Clean Indoor Air Act.  Ms. Lewis expressed thank you to Mr. Clark for his invitation.  She discussed the Clean Indoor Air Act and the program being enacted in 2003.  She further discussed adjustments that needed to be made to the program since it was enacted.  Ms. Lewis explained that Environmental Health is a unique department within the Health Department in the manner in which they interface with the business community.  She further discussed balancing this interfacing in a reasonable and effective manner to get the job done.  Ms. Lewis distributed a copy of the Cortland County Environmental Health Policy Manual in regards to the Clean Indoor Air Act as approved by the Board of Health and dated October 18, 2005.  She discussed in the beginning the department making inspections in response to complaints made.  She expressed that there were not a great deal of regular inspections of bars and entertainment establishments when the program started.  Ms. Lewis discussed problems with the program and the process of developing the policy to enforce the Clean Indoor Air Act.  She did express that all complaints did receive a field visit.  She explained that after three visits if there was no smoking found the establishment was considered in compliance.  Ms. Lewis discussed staffing problems and visiting establishments after hours.  She further discussed inspecting all facilities with liquor licenses and further discussed the scheduling of visits.  She explained the visits being conducted as scheduled unless a complaint is received and the visit regarding the complaint taking priority over a scheduled visits.  Ms. Lewis expressed problems in 2005 with a reduction in staff and the difficulties in regards to the upkeep of paperwork.  She expressed that the paperwork in regards the Clean Indoor Air Act takes more time than the fieldwork.  She discussed other issues, which arose in the Environmental Health Department at the same time and were a priority.  She added, they created a backlog in regards to the Clean Indoor Air Act.  She explained that this year staff has increased and the Environmental Health Department is caught up on enforcements in regards to the Clean Indoor Air Act.  She discussed FOIL requests received and answered in regards to this.  Ms. Lewis discussed conversations with the Restaurant and Tavern Owners Association, their Attorney and the County Attorney.  Chairman Brown asked if the policy had been shared with the Restaurant and Tavern Owners Association.  Ms. Lewis expressed that it was given to them through their attorney.  Chairman Brown further inquired about violations being issued by a telephone call.  Ms. Lewis explained that violations were given by a telephone call and added that a letter now follows them up.  Chairman Brown inquired about repeat offenders.  Ms. Lewis discussed repeat offenders and referring them to the state liquor authority.  Ms. Lewis also discussed an upcoming meeting with Assistant County Attorney Ron Walsh.  Mr. Clark expressed Ms. Lewis going to the State is the best thing.  Chairman Brown discussed the Restaurant and Tavern Association not allowing owners of establishments to be members if they are found out of compliance in regards to the Clean Indoor Air Act.  She added that being a member of the Restaurant and Tavern Association is beneficial to its members including insurance discounts.  Ms. Lewis expressed a resolution discontinuing membership to those out of compliance was passed by the Restaurant and Tavern Association.  Ms. Lewis discussed the law being unclear and difficulties in regards to enforcing the law. 

2.                  ** Suit-Kote Expansion – Sandy Panzanella, Yellow Lantern Campground – Mr. Williams announced that the Town of Cortlandville employs him and in that capacity he has been asked by the Town to monitor this issue.  He expressed that he is just gathering information and if his involvement were to present a conflict he would ask to be excused.  He stated that he just wanted to make the Health Committee aware of this.  Mr. Clark thanked Mr. Williams for making the Committee aware before hand.  Mr. Clark introduced Ms. Sandy Panzanella and explained that she had been at the Board of Health meeting last month.  Ms. Panzanella explained that she has dealt with this issue since 1995.  She added that Suit-Kote has repeatedly made promises but never follows through with them with them.  She stated that at certain times of the day the odors are so strong that she cannot walk out of her house.  She also discussed a recreation facility at the campgrounds she owns needing to be aired out because of the odor.  She discussed the fact that the property line of Suit Kote abuts her property line at the campgrounds.  She discussed filters being installed last month and the odor being a bit better.  She further explained that the odor is stronger between 6:00 pm/7:00 pm thru the early morning hours, even with the filters.  She stated that Mr. Williams and representatives from the DEC have been out there and no one could smell the odors.  Ms. Panzanella stated that she would like to smell fresh air.  She additionally explained that there was a meeting last night and her neighbors, the Sheridans, attended the meeting.  Ms. Panzanella stated that the Sheridans claimed that at the meeting it was told that no testing had been done in nine years and the testing should have been done annually.  Ms. Panzanella discussed the testing needing to be done at the source and added that the DEC should be doing these tests.  She discussed her attendance at Town Board meetings and at those meetings the Town claiming the testing needs to be done by the DEC.  She stated that the DEC is not doing the testing.  Ms. Panzanella stated the Town Board just “rubber stamps” things for Suit Kote and claimed, “all Suit Kote wants, they get.”  She also discussed being aware of the need for jobs in the area, but at what expense to the residents near the plant.  Ms. Panzanella expressed that she has worked with Jackie Gailor from the Cortland County Health Department.  She discussed claims that the odor is a nuisance and not a hazard.  Ms. Panzanella expressed her concerns with the expansion at Lorings Crossing and stated that with this expansion the number of stacks would be doubled.  Additionally, she expressed her frustrations in regards to DEC not regulating this.  Ms. Price inquired as to how often the odors are present.  Ms. Panzanella stated that they are present daily.  Ms. Lewis expressed that DEC has asked Suit Kote to put new filters on tanks and discussed the filters taking care of the odors.  Chairman Brown inquired about the testing that has not been done annually.  Ms. Lewis discussed the testing that was done and explained that new testing will be done.  Ms. Panzanella claimed that Suit Kote only put the filters on because they were forced to do so.  She added that when it comes to people’s health they are not the good neighbors they claim to be.  Ms. Panzanella also addressed her concerns regarding the film that is on the river and claimed that she has reported this to the DEC and is not aware of them checking into it.  Ms. Panzanella stated that there are laws on the books regarding smoking but there are none regarding what we are breathing.  She stated that Suit Kote claims the materials used are a proprietary secret.  She stated that as a citizen she would like know what she is breathing.  She added that the County passed laws against cigarette smoking but can’t do anything about this.  Mr. Van Donsel stated the County did not pass a law regarding cigarette smoking; it is a State law.  Ms. Panzanella asked for help in regards to these odors.  Ms. Lewis discussed the filters and that for a period of time the filters were removed and the DEC has had them put back on.  She discussed that these filters are part of the permit for expansion.  She briefly discussed the permit process.  Chairman Brown discussed complaints that she has received from constituents in her district.  She also stated that they are periodically and they depend on the weather.  Ms. Lewis discussed complaints regarding the Polkville area.  She claimed that she could provide the Health Committee with an outline regarding these complaints, if the Committee so desires.  Chairman Brown discussed a plan being put in place and addressing the complaints.  Ms. Price requested Ms. Lewis to prepare information for the Committee and have this item put on the agenda for next month to follow up on.  Ms. Panzanella discussed the decrease in sales tax and the effect these odors have on the tourism in Cortland County. 

3.                  ** Horizon House Certification – Mr. Kilmer explained that he received the certification just before the last Legislative Session and he sent it over to be received and filed at the meeting on July 26, 2007.  He explained that the certification is for the lowest time frame.  He discussed continued concerns with the certification and the citation of the physical plan.  He explained that he is hopeful for help and an answer for New York State.  He discussed giving a plan to New York State.  Mr. Clark inquired if the Committee had any questions.  Mr. Kilmer expressed that basically Horizon House needs a new home. 

4.         Psychiatrist, Mental Health Clinic – Mr. Kilmer updated the Health Committee in regards to the Psychiatrist position.  He explained that he was working with Locum Tenans in regards to this and expected paperwork to arrive today.  He also discussed working with Carol Tytler in preparing packets of information about Cortland to send out to the individuals on the mailing labels that were purchased. 

5.         Community Services Board – Mr. Kilmer explained that the Community Services Board is having difficulties retaining and recruiting members to sit on the board.  He stated that he was asked by the Community Services Board to see if the Health Committee would be in support of the board changing their bylaws to reflect a nine-member board instead of a fifteen-member board.  Mr. Kilmer explained that with the populous of Cortland the board is only required to have nine members.  Chairman Brown inquired as to why there are fifteen members if only nine are required.  Ms. Price expressed that fifteen were established to gain a larger cross section of the County and added that she would like to stay with that.  Chairman Brown inquired about the current representation on the board.  Mr. Kilmer expressed that the majority represents Homer and Cortland.  Committee members discussed the time and length of the meeting being a problem.  Mr. Van Donsel inquired about having a quorum.  Mr. Kilmer explained three or four times a year they do not have a quorum.  He further explained that this then adds to the length of the next meeting.  Ms. Price inquired about having any vacancies currently and added that Martha Bush has expressed interest to sit on the board.  Mr. Kilmer discussed the current vacancies.  Mr. Van Donsel inquired as to what bylaws they would be changing.  Mr. Kilmer explained that nothing has been drafted yet and stated that the board had asked him to look into this to see if the opinion of the Health Committee would be favorable.  Ms. Price explained that she would be reluctant to make these changes.  Committee members discussed having the Community Services Board draft the changes they would like to make and send it to the Health Committee for their review.

Mr. Williams made a motion to adjourn the meeting; seconded by Mr. Cornell.  Mr. Clark adjourned the meeting at 8:17 a.m.