Meeting Details: The GPHD Board met in Special Session at the Geauga County Administration Building, 12611 Ravenwood Drive, Suite B303, Chardon, OH, on March 2, 2023 at 5 pm. The sole item on the Agenda was “Environmental Health permitting and inspection processes.” This statement was available ahead of the meeting on the GPH facebook page. Geauga County Automated Data Processing (ADP) live streamed this meeting and a recording is available. At publication, the recording had been viewed 68 times.
Board Attendance: (as seated, from L to R) here.
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Richard Piraino, President
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Dr. Ashley Jones, Pro Tem (ABSENT)
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Lynn Roman
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Carolyn Brakey
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Dr. Mark Rood (ABSENT)
Staff Attendance:
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Dr. Jeffrey Cameron - Medical Director/Health Commissioner
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Adam Litke – Administrator
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Carol Straniero – Population Health Director - ABSENT
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Daniel Lark, Environmental Health Director
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Alta Wendell, Administration Director - ABSENT
Legal Council:
Call to Order: called to order at 5:00pm. The Pledge of Allegiance was recited.
Minutes: none presented
COMPLIANCE ISSUE - Semipublic Disposal System Inspection Program (HB110)
Report from President - Mr. Piraino read a statement explaining that the Ohio EPA required that contractors inspect all semipublic septic systems, otherwise known as the House Bill 110 program. This program was initiated by the Ohio EPA and codified in HB 110. He cited these inspections are for schools, hospitals, and businesses. This is for systems that are treating under 25,000 gallons of sewage a day. Geauga Public Health has a contract with the Ohio EPA to conduct inspections and to charge fees for this.
Mr. Piraino read the definition of this type of system: “A “semi-public disposal system” means: “a disposal system that treats the sanitary sewage discharged from publicly or privately owned buildings or places of assemblage, entertainment, recreation, education, correction, hospitalization, housing, or employment, but does not include a disposal system that treats sewage in amounts of more than twenty-five thousand gallons per day or a disposal system for the treatment of sewage that is exempt from the requirements of section 6111.04 of the Revised Code pursuant to division (F) (6) of that section; or a disposal system for the treatment of industrial waste.”
Observer Note: Learn more about HB110 and the contractual arrangement for local health departments to conduct these inspections on behalf of the Ohio EPA by reading Ohio EPA Fact Sheet for HB110 Program and ORC3709.085.
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Piranio said that during a 3rd quarter internal review, GPH staff discovered that some of the inspections in the last several years had not taken place but that businesses and other establishments had been charged. GPH immediately identified those entities for which this happened in 2022 and then performed the inspections.
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Mr. Pirano stated that it appears that inspections were sporadic over the last several years and that not all received the inspection for which they paid. He said that GPH finds this unacceptable and will refund fees that were paid if the inspection did not occur.
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He further said that the Board has hired the firm of Mcdonald Hopkins, who he described as a “disinterested third party law firm” to conduct an audit to identify the size and scope of affected parties. The results should be available in a few weeks and will be posted on their website.
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After the audit, GPH will then contact all affected businesses and entities. He affirmed that GPH has a duty to do what is right and ensure the health and safety of the public.
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GPH Board of Health has directed that the Administrator, together with the Environmental Health Director work to ensure that there is a system of checks and balances so that even if one employee is absent that the inspection proceeds. He stated that GPH is composed of those who want to do the right thing and provide superior services and he said that he realizes that these actions have impacted the county. He said they are addressing issues and pledged that they would do better in the future.
Reviewer Comment: Given the timing of the discovery in the third quarter of 2022, it is unclear why this program compliance issue is only just now being presented in a public meeting. It is also unclear what aspects of running the HB110 program will be examined within the scope of audit services provided by McDonald Hopkins, the law firm supplying the GPHD board’s legal council.
After this Adam Litke spoke. He said that he and Dan (Lark, Environmental Health Director) were working on the audit with the third party. He stated that they have made corrections and will continue to do so, correcting as we go. Brakey asked a question about the type of entity. Lark responded that it was “Semi-commercial - larger than residential systems (but up to 25,000 gallons of waste). Not an industrial waste stream.” He stated that there is a contract with EPA and the local Health District is responsible for the inspections. Frequency depends on the type of system and location.
PUBLIC COMMENT SESSION
Ms. Mary Briggs passed out several papers to the Board and staff. She stated that she had minutes from a Lake County Board of Health meeting which indicated that Adam Litke had been discussing employees of Geauga County Health.
Observer Note: Ms. Briggs did not say the date of this meeting or if there was more than one meeting. Published meeting minutes are available on the Lake General Health website and are current through January, 2023.
Ms. Briggs further inquired about these matters:
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Raised questions about conflict of interest and handed out an information sheet. She questioned if at Executive sessions at times certain members of the Board should even be present at those meetings.
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Stated that she wanted contact information for the Commissioner and for Board members.
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Stated that she had made a public records request for the letters of resignation of two staff members who recently resigned and has not received them.
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Interested in Point of Sale refunds.
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Asked if “Bryan’s” contact had changed to McDonald Hopkins.
Mr. Piraino clarified for Ms. Briggs that Sale of Property inspections are a separate thing from what is being talked about at that meeting. He said HB 110 is for semi-commercial, multiple residences, etc.
Litke said that public records requests go through Bryan (attorney Bryan Kostura). It was clarified that Mr. Bryan Kostura, formerly of the firm Flannery, Georgalis has joined the law firm of McDonald Hopkins and Geauga Public Health is employing him through that firm, Ms. Briggs asked if the Geauga Public Health had any contract with Flannery, Georgalis and was told that one had ended.
Observer Comment: These contracts for legal council and the agreement for audit services were not discussed during any recent public session of the GPHD. It is unclear whether the Board approved these contracts or whether GPHD policies require such approval.
Regarding Litke’s comments about Geauga employees which were made at the Lake Health District Board meeting, Litke stated that it was open knowledge that Geauga and Lake were in discussions about a collaborative agreement and that he had responded to a question from a Lake Board member about what would happen to Geauga County employees in terms of how the union contract works regarding vacation and seniority. He indicated that his response to that board was that vacation accrual is through union contract but that seniority was different.
Briggs said that it looked like negotiations are further along than are perceived in this county.
Ms. Roman asked Briggs about her conflict of interest statement. Briggs said she was referring to two Board members holding positions as realtors and another is a husband and father of a Board member who could be impacted by Board action . She stated her opinion that these board members should not be involved in discussions that could impact their business, whether it is in a public session or executive session.
Mr. Litke responded that the Board had gone through Ethics training and that an attorney was present in
Mr. Piraino also reminded the public that Mr. Litke is an employee of Lake County Board of Health and it was proper for him to respond to the Lake County board member’s question.
Munson Resident -A resident asked why GPHD was refunding money instead of just doing the required inspections. Mr. Litke responded that they didn’t know which years were missed and that some entities are on a 1 year and some on a 3 year schedule.
Executive Session: The Board moved into Executive Session at 5:18 pm to discuss matters of pending litigation, and personnel including appointment, employment, discipline and compensation. The Board was joined by their attorney, Bryan Kostura.
The Board re-entered the regular session at 6:55 pm. At this point Health Commissioner Dr. Cameron and Environmental Health Director Mr. Lark were not present. There was no action taken after this Executive Session and the Board adjourned.
Mr. Piraino announced the HDAC (Health District Advisory Council) meeting for Wednesday, March 15th at 7 pm at the County Building, Suite B303 - the same room where they were currently meeting. Observer Note: As stated in previous reports, HDAC is composed of a representative from each municipality and township and one member of the Commissioners. The 22 members appoint members of the Geauga Public Health Board, with one appointment to be filled at this meeting.
Next regular meeting: March 22, 2023 at 5 pm. All meetings at Geauga County Administration Building, 12611 Ravenwood Drive, Suite B303, Chardon, OH.
More Information: http://gphohio.org/
Approved minutes are shared on the GPH website through Jan 25, 2023.
Social media postings available here: https://www.facebook.com/GPHOHIO
Observer: Gail Roussey
Reviewer: Shelly Lewis
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