Draft Lease May Be Impacted If New Septic System Non-Compliance Requirements Result in the Need for More GPH Staff and Office Space
Geauga Public Health (GPH) - Regular Meeting - September 25, 2024
Meeting Details: The GPH Board met in Regular Session at the Geauga County Administration Building, 12611 Ravenwood Drive, Suite B167-168, Chardon, OH, on September 25, 2024 at 5 pm. This meeting was live-streamed by Geauga County ADP. The Agenda is posted on their Facebook page a few days prior to the meeting and then on their website. The video is available here. This observer did not attend the meeting in person, but viewed the video.
Public Comment Policy: There is no separate written policy, but in practice “Citizens’ Remarks” are listed on the agenda and are permitted as detailed there.
Board Attendance: (as seated, from L to R).
Absent: Dr. Mark Rood
Staff Attendance:
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Adam Litke - Administrator (end of table left)
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Ron Graham, Health Commissioner for both Geauga and Lake Counties (end of table right)
Absent: Dan Lark, Director of Environmental Health
Others Present: Gerry Morgan, Administrator, and Linda Burhenne, Assistant Administrator, Geauga County Board of County Commissioners. A member of the public can be seen in the recording but was not identified as well as the individual recording the meeting.
Observer Note: Board of Health Published Minutes are up-to-date; the most recent minutes published are for the July 24, 2024 Regular Meeting. Use the down arrow under “Select Category” at the top to search for the correct year at the link provided.
Observer note: At the time of the meeting, the audio did not work. The following day, the meeting was available on Geauga ADP YouTube, but it did not start at the beginning of the meeting. While it is believed that the recording starts near the actual start of the meeting, there is no way to verify this. The time notations on this report refer to the times in the posted YouTube of the meeting. It is assumed that the meeting began with Pledge of Allegiance, Roll Call, and Minutes but they are not captured in the recording.
0.00 min. Old Business
Geauga County Administration Rent and Space discussion. This recording begins with a discussion of new requirements for inspection/ non-compliance for the approximately 40,000 septic systems in Geauga County over a 5 to 10-year period. The staff just learned of new procedures on Monday (two days ago), and it is relevant to the rent and space discussion because if more staff are required, more office space will be needed. It is estimated that, if done in-house with GPH staff, 5-6 new positions would be needed. Many questions remain unanswered, including staffing needs, whether to contract with a vendor to do the work, or to hire staff in-house. Meanwhile, Board members do have a draft of the lease in hand. Mr. Morgan provided assurance that if increased office space was needed by GPH, they could revise the lease. GPH needs time to weigh their options for complying with these requirements. Regardless of how this new “curveball” plays out, Mr. Litke was informed that a Special Prosecutor should be appointed by the Prosecutor to review the lease on behalf of GPH. This is to avoid conflict of interest as the Prosecutor represents the Board of County Commissioners.
Resolution: Permission to request the Prosecutor appoint a Special Prosecutor to Review the Lease for Geauga Public Health.
Resolution Passed Unanimously by voice vote.
Discussion followed based on some questions and comments by Ms. Brakey from her review of the draft lease. They included questions about the termination clause including: Is 60 days enough time and what reason would there be to terminate other than non-payment? Should the termination language be bi-lateral? Ms. Brakey also had questions about the specifics of a backup generator and about the lessee’s building access outside of normal business hours. It was decided to forward Ms. Brakey’s comments to the Special Prosecutor once assigned. Mr. Morgan indicated that he would take her comments into consideration for revisions in the meantime.
23:20 min. Health District Staff Reports Observer Note: These reports are available with the Agenda on the GPH website here.
Population Health Report - No update beyond what is in the report with the agenda. At the Geauga Fair 1,500 Racoon giveaways were all gone. GPH needs to order more next year.
24:30 min. Environmental Health Report - No update beyond what is in the report. There was discussion of the next steps for a Newbury resident who has received notice regarding septic non-compliance. File copies of communication were shown to the Board. The issue dates from March 2024. In August, the citizen received a letter inviting him to come to the August meeting. He did not. He was invited in that same letter to come to the September meeting (this meeting) for an Administrative Hearing. He is not present. Matter will be handed over to the Prosecutor.
Later in the meeting, new food service fees will be presented for approval. Fees will be going down about $5. These fees are paid by restaurants and other food vendors.
Daniel Lark, Director of Environmental Health, is at a drill tonight at Perry Nuclear Power Plant.
Ms. Brakey asked how residents can learn about violations at restaurants. Mr. Litke stated that the staff is meeting next week with a software vendor about a program that would upload restaurant inspection findings to the GPH website immediately as inspectors complete their work. Many counties have such a program in place. Geauga does not, but is moving forward to have this data available to the public.
29:25 min. Administrator’s Report - Only update beyond the report was a discussion of the Emergency MA (EMA) meeting yesterday at Perry Nuclear Power Plant and the drill taking place there tonight. Mr. Litke felt the meeting was valuable.
Also added to the Administrator's report, GPH will receive $50,000 and $25,000 to help offset the cost of accreditation. Accreditation process continues to move forward.
Reviewer Note: A good explanation of this process can be found here. The Public Health Accreditation Board (PHAB) is a non-profit that conducts these accreditations that are required by the State of Ohio.
Mr. Graham has prepared a draft of training on Robert’s Rules of Order for GPH Board training.
33:20 min. Health Commissioner’s Report - Nothing further beyond what is in the report in the Board packet.
34:50 min. Old Business (continued)
5.01 Geauga County Administration Building Rent and Space discussion - discussed previously.
5.02 Resolution to Increase/Decrease Certain Fees, Food Service Programs. Third Reading. As discussed previously, the fees will go down slightly. Passed unanimously by voice vote.
36:26 min. New Business
6.01 Resolutions:
6.01.01 Financial Reports, Resolution 24–09-06-01-01 Mr. Litke stated that Dr. Hendrickson just signed some July/August invoices that are not included in this financial report. They will be included next month.
Resolution to approve Financial Reports passed unanimously by roll call vote.
6.01.02 Permission to Approve Appropriations for Increase/Decrease - Includes one small transfer of funds from one account to another.
Passed unanimously by voice vote.
6.01.03 Resolution 2024-10: Then and Now Purchase Order to Jonathan Sefcik, DBA A-Affordable Septic, not to Exceed $15,064.00.
Passed by roll call vote with Dr. Jones abstaining.
6.01.04 Resolution 2024:11: Then and Now Purchase Order to Geauga County Clerk of Courts, not to Exceed $320.90.
Passed by roll call vote unanimously.
40.00 min. 6.03 Permission to Enter into a Memorandum of Understanding (MOU) with the Ohio Environmental Protection Agency for the Implementation and Coordination of the House Bill 110 Program - This will provide the funding from the State to run this program which GPH will administer inhouse, not through Lake Public Health. HB 110 was passed to investigate and manage small, commercial sanitary treatment or disposal systems in Ohio. Reviewer Note: The implementation of this legislative initiative has been discussed in almost every meeting since March 21, 2023. Also see Ohio EPA Fact Sheet. Also see extensive detail on the GPH website here.
Approved by roll call vote. Dr. Hendrickson, Ms. Brakey and Ms. Bowden Ayes. Dr. Jones abstained.
Observer Note: Realized they had skipped Resolution 6.02. Backtracked to discuss and vote on that and then concluded 6.03.
6.02 Resolution of the Geauga Public Health Board of Health to Delegate Authority to Remove from use Any Utensil, Material, or Piece of Equipment that Presents a Public Health Hazard in Retail Food Establishment or Food Service Operation This allows GPH to remove or dispose of items in food areas that are in violation of standards or pose an immediate hazard.
Passed by roll call vote unanimously.
6:04 Resolution to Decrease Certain Fees, Household Sewage Treatment Systems, First Reading.
Approved by roll call vote. Dr. Hendrickson, Ms. Brakey and Ms. Bowden Ayes. Dr. Jones abstained.
5.02 Resolution to Increase Certain Fees, Food Service Programs. Final Reading
Passed unanimously by voice vote.
Permission to send the Newbury property sewage issue to the Prosecutor's Office.
This is referred to in the Environmental Health Report (see above). The Newbury resident did not appear tonight for an Administrative Hearing as outlined in the letter sent in August. The letter stated that the next step would be referrral to the Prosecutor’s office.
Approved by roll call vote. Dr. Hendrickson, Ms. Brakey and Ms. Bowden Ayes. Dr. Jones abstained.
45:50 min. Public Comment -
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Ed Filipino, Health Physicist with the Ohio Department of Public Safety, complimented Director Graham on the Field Management teams in Geauga. He reiterated that Field Management Teams monitor for radioactive material. He stated that evaluators had high praise for Geauga’s team and the level of their expertise and the training they have received.
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A woman in the audience spoke to suggest that as GPH reaches out to legislators for relief from new regulations referenced in the first item in this report, GPH might also consider reaching out to other counties as they are facing this issue. Mr. Litke stated they have had some contact with other counties and that there is great variance as to where they are with this process. Discussion followed about inspections and compliance and reinspections of septic systems in the county. Mr. Litke noted that though Geauga is a small county, it has between 30,000 and 40,000 septic systems. Lake County is much larger but only has about 15,000 septic systems. Many Geauga septic systems are in older communities and are between 50 and 60 years old. These will likely fail inspections. To tie into a sewer (where that is even possible) could cost around $30,000 to $50,000 and some properties are not valued at much more than that. Guidance states that you cannot create a financial hardship, but also, you cannot pollute the environment. A discussion of the many issues involved ensued.
Observer note: Because this recording began mid-discussion of the new regulations and their impact on the rent and space issue, it is hard to understand this conversation fully.
55:45 min. Meeting ended. There appeared to be no further business. Mr. Litke was asking for a motion to adjourn when the tape abruptly ended. There was no executive session planned. Assume they adjourned at this time.
Next Regular Meeting: October 30, 2024 at 5:00 pm. All meetings are held at the Geauga County Administration Building, 12611 Ravenwood Drive, Suite B167-168, Chardon, OH.
More Information: Geauga Public Health
Observer: Kathy Franz
Editor: Anne Ondrey
Reviewer: Carol Benton
Submission Date: October 7, 2024
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