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ORANGE COUNTY BOARD OF HEALTH
February 25, 2009
Board of Health Minutes Transcription completed by Anne Miles Cassell 1 February 25, 2009
ORANGE COUNTY HEALTH DEPARTMENT MISSION STATEMENT: To enhance the quality of life, promote
the health, and preserve the environment for all people in the Orange County community.
THE ORANGE COUNTY BOARD OF HEALTH MET ON February 25, 2009 at the Government Services
Center, Hillsborough, North Carolina.
BOARD OF HEALTH MEMBERS PRESENT: Chris Harlan, Chair; Anissa Vines, Vice-Chair; Jim Stefanadis;
Tim Carey; Matt Vizithum; Michael Wood, Jessica Lee; Ernie Dodson; Steve Yuhasz, County
Commissioner
BOARD OF HEALTH MEMBERS ABSENT: Sharon Freeland; DeWana Anderson;
STAFF PRESENT: Wayne Sherman, Personal Health Services Division Director; Tom Konsler,
Environmental Health Services Division Director; Donna King, Health Promotion and Education
Services Division Director; Angela Cooke, Dental Health Services Division Director; Carla Julian, Risk
Management/Quality Assurance Director; Letitia Burns, Business Officer; Anne Miles Cassell,
Administrative Assistant;
GUESTS PRESENT: None
I. Welcome and Introductions
Chris Harlan, Chair, called the meeting to order at 7:15 P.M. and Board members introduced
themselves to the new Board of Commissioners representative, Steve Yuhasz.
II. Approval of February 25, 2009 Agenda
Rosemary L. Summers requested an addition to the Agenda, Item IV.C., Acceptance of
Additional Funds.
The motion to approve the Agenda of February 25, 2009 as amended was made by Anissa
Vines, seconded by Matt Vizithum, and carried without dissent.
III. Public Comment for Items NOT on Printed Agenda
None
IV. Action Items on CONSENT Agenda
A. Minutes approval of January 21, 2009 meeting.
B. Renewal of Consolidated Agreement with NCDHHS
The NCDHHS Consolidated Agreement stipulates the provisions for receiving state and
federal support for various programs. Currently most programs are funded at the same
levels approved for the current budget year; however there are two funds that are
unknown at this time. Availability of federal public health preparedness funds are
unknown but anticipated to be at the same level as this current year. The General Aid
to County funds from the “Random Moment Time Study” has not yet been determined
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but is anticipated at the same level as this current year as well ($20,130). Final guidance
on budgetary amounts will be provided in July. The following program areas receive
specific categorical funding and must be spent in that particular program:
General Aid to Counties Communicable Disease (incl TB Control)
Maternal Health Child Health
HIV Testing & Counseling Child Service Coordination
Family Planning Immunization Action Plan
Food and Lodging Public Health Preparedness
Environmental Health Health Promotion
Refugee Health
Each year supplemental funds become available during the fiscal year in various
programs depending on state and federal action and on performance by the county.
The total anticipated amount of funding as of July 1, 2009 represents between 8%-10%
of the overall health department budget. In the past two years, through General
Assembly action, the county has received an additional $63,000 in General Aid to
County funds that may be used for any program that relates to the provision of public
health essential services as defined by NC General Statute 130A.
The state consolidated agreement is anticipated to provide $426,340 federal and state
dollars to the county to provide specific services for fiscal year 2009-2010. A
spreadsheet provided to Board members detailed the amounts anticipated by
program area.
C. Acceptance of Additional State/Federal Funding
The Orange County Health Department has received notification of additional funding
from the State of North Carolina Department of Environment & Natural Resources
(NCDENR) for the Food & Lodging program, and Federal funds (Title X) for the Family
Planning program as follows:
Food & Lodging ($10,100.67): Performance-based distribution of funds based on 2007-08
compliance with mandated inspections of food & lodging establishments. The
calculated rate of compliance for Orange County is 94%. OCHD has already received
the base amount of $750. An additional distribution of $10,100.67 has been allocated to
the Environmental Health Services Division for the FY 08-09 budget year.
Family Planning ($4,628): Federal Title X (Family Planning) has approved one-time bonus
funding for all local health departments. The WCHS Liaison Committee has approved
the method of distribution, which includes a base amount for all counties and an
additional amount determined by performance. Each county will receive at least
$1,647. Additionally, 57 counties (including Orange County) will receive performance-
based bonus funds calculated on an increase in their patient caseload. OCHD’s
allocation is $4,628. These funds may be used for any Title X approved expenditure (for
example: birth control).
Motion to accept items on the Consent Agenda was made by Matt Vizithum, seconded by
Anissa Vines, and carried without dissent.
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V. Reports and Discussion with Possible Action
A. Rule Amendment for On-Site Wastewater Rules
Orange County Board of Health adopted the current Wastewater System Rules in
November of 2007. Since implementation, Tom Konsler reported that the following rule
is being considered for amendment:
The rule that is proposed for amendment is Section 1946 OTHER APPLICABLE FACTORS.
When a site evaluation is conducted for a proposed septic system site, factors such as
the slope, topography, soil depth, soil wetness, and type of soil are evaluated for
suitability for a septic system. In addition, the amount of available space in which to
install a system is a factor affecting the decision to issue an improvement permit. These
items are detailed in rules .1940 -.1945.
Rule .1946 addresses other applicable factors that must be considered when
determining the overall site suitability. Item 5 of this rule is proposed for deletion. In its
current form, it requires that each lot proposed in a subdivision have enough available
space to support a septic system to serve a three-bedroom conventional or gravel
alternative system.
This requirement was originally incorporated in Orange County regulations:
• to prevent developers from proposing unrealistic restrictions on future
homeowners who may later be prevented from upgrading to a three bedroom
home.
• to allow a threshold amount of suitable soil for use on each proposed subdivision
lot, and
• to prevent homeowners from being faced with exorbitant costs of innovative
systems at the time the original system needs to be repaired.
While these were worthwhile reasons and offered a level consumer protection, there
are several reasons that the requirement should be dropped:
• Unintended consequences for large lots (>10 acres) that were not subject to
subdivision regulations
• The requirement may prove to be an obstacle for small starter homes or
affordable housing.
• With advances in technology and a much wider range of accepted alternative
septic systems, the requirement is no longer vital. In fact, use of the alternative
technologies has outpaced the use of conventional gravel system.
• Restrictions regarding minimum size or type of systems in newly created
subdivisions belong in the subdivision ordinance instead of the wastewater
regulations.
• The public health necessity of this rule is somewhat questionable as well.
The rule amendment has been advertised for public comment as required.
Upon adoption of these rules, they will become effective February 26, 2009. Steve
Yuhasz asked what had precipitated the decision to eliminate this rule. Tom Konsler
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replied that staff felt that the longer the rule remained in the regulations the more
potential would exist for a challenge. Commissioner Yuhasz asked if staff had
communicated with planning prior to recommendation to remove this rule and was
assured that staff had verified through the Planning Director to be sure there would be
no conflicts with Planning and Development prior to making the recommendation.
Rosemary Summers pointed out that the local rules for public health must be health
related. This rule change is justified by that reason.
Chris Harlan asked if a subdivision had been approved for 2-bedroom homes whether it
would preclude an addition to the homes because of that restriction.
Motion to accept the Rule Amendment as stated for On-Site Wastewater Rules was made by
Matt Vizithum, seconded by Jessica Lee and carried without dissent.
B. Fee Schedule Approval
The approved Fee and Eligibility Policy states that:
A. Fees are charged for health and dental services provided to individuals unless
prohibited by law or regulation. Fees are established based upon cost analysis,
Medicaid and Medicare rates, comparable provider rates and/or state or
contractual agreements.
B. The Health Director is authorized to adjust fees, rounded to the next highest
dollar, on an annual basis: Fees will be adjusted annually by either a) the
general rate of inflation calculated based on the current Consumer Price Index
(CPI) or b) the percent increase in any new Medicaid/Medicare service rate
adjustments, whichever is greater.
C. Fee schedules will be reviewed annually during the budget process and
adjusted as appropriate; a complete cost analysis for purposes of fee
adjustments will be performed every five years.
Wayne Sherman reported that a comprehensive Cost Analysis has not been completed
since 2003 for Dental Health and since 2000 for Personal Health due to budget
constraints. In 07-08 however, the County Budget office undertook a modest cost study
of the most frequent CPT codes used by disciplines by comparing OCHD’s rate with
regional and/or similar health departments and our costs were quite high. This
comparison became the baseline cost used to determine 09-10 fees. The appropriate
CPI rate was applied in 08-09 and 09-10 to the baseline fees to determine the
recommended 09-10 fees. The 06-07 Medicaid Cost Study was under consideration as a
baseline for fees but due to concerns about the accuracy of the data used to
determine the OCHD Medicaid Costs, this was not pursued. New fees are to be
determined based on the assessed cost of staffing, materials, supplies and/or
equipment needed to deliver the service.
Funding for another comprehensive Cost study is not anticipated in the near future so
the department will be looking for opportunities to work with Financial or Business
collegiate students to undertake a year-long, in-depth analysis of our fees.
Rosemary Summers explained that these fees are based on 100% pay for services and
are lower than private providers. On a sliding scale a 20% pay patient would pay 20%
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of the fee. The Board is required by statute to recommend a fee schedule to
Commissioners for approval. Commissioner Yuhasz asked what counties were used for
comparisons. Wayne Sherman stated that similar counties, Chatham, Durham, Wake,
New Hanover, and were compared for personal health fees and Alamance, Durham,
Guilford, and Wake counties were used for dental health fees.
Steve Yuhasz inquired if an increase in fees would affect patient load. Dr. Summers
replied that it would not because the majority of our patients are below 100% and will
not generate significant revenue.
Motion to approve the methodology was made by Anissa Vines, seconded by Tim Carey and
carried without dissent.
Motion to approve the fee schedule was made by Jim Stefanadis, seconded by Matt Vizithum
and carried without dissent.
C. Budget for FY 09-10
Rosemary Summers explained that a number of items reflect direction by the County
Manager and the budget staff. The direction provided was to cut 10% of the overall
departmental operating budgets including temporary personnel and overtime. This
also applied to all grant funded projects regardless of whether they were 100% grant
funded. In addition, in order to be bottom line neutral with county funding we had to
propose additional cuts in expenditures beyond the required 10% operating reduction.
The Health Department is funded approximately 40% by external revenue sources (fees,
third party reimbursements, contracts, state and federal funding, and grants). Changes
in our patient pay mix, reductions in reimbursement rates, and the downturn in the
building trades are projected to negatively affect our bottom line revenues. The
Department was not able to achieve a revenue and expenditure balance without
delaying positions for the 09-10 budget year. These were included in the Service
Reduction report provided to the Board.
The Department was also directed to include the action plan items from the BOCC
priorities adopted at their retreat earlier this year. These action plan items were to be
“exchanged” or “substituted” for current programs or activities and were directed to
be bottom-line cost neutral. We were unable to achieve this in total, although the
Department was able to shift resources to partially meet this need.
In addition, the department submitted critical capital requests that were approved and
funded, but then frozen, for the current budget year. Several of these items have been
requested in previous years and unfunded. Some items are rising to critical levels for
replacement.
The BOCC will receive the Service Reduction Proposals from the “Community Services
Team” on March 5 for discussion at a work session. Advice from the Board of Health
regarding critical health priorities to the Commissioners would be useful for them to
factor in as they begin to make funding decisions later in the spring.
NCGS 130A requires the Board of Health to act upon a health department budget and
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forward to the Board of County Commissioners. The Board of Health may choose to:
Adopt the budget as presented, including the capital requests, the proposed
reductions, and priority plan implementation subject to BOCC action
Adopt the budget with recommendations for changes in the budget that would
be subject to BOCC action. For example, the Board of Health may choose to
not accept certain recommended service level cuts or may propose others not
listed as substitutes.
Rosemary Summers pointed out some 2008-2009 performance highlights of department
services and complimented staff for its outstanding work in a difficult budget year. To
date in FY 08-09 the department has:
• Investigated and responded to 14 whooping cough (pertussis) cases
through February, requiring antibiotics for more than 300 children and
over 200 hours of staff time
• Averaged 19 new refugee arrivals each month this year requiring 4 – 6
hours of services for each refugee
• Mandated prenatal, immunization, and child health services have
increased by an average of 15% over the previous year
• Demand for the full suite of water tests has exceeded projections by 200%
through February
• Food, lodging and institutional inspection compliance rate for 07-08 was
estimated by the state to be 94%
• 1,223 children and adults received a total of 6,194 dental clinical services
in the first six months, a 24% increase in services and an 11% increase in
unduplicated patients
• Increased number of patients receiving language services by reducing
costs through additional new telephone interpreting service and by
recruiting 5 Burmese/Karin/Chin contract interpreters
• More than 270 volunteers are active through the Orange County Medical
Reserve Corps
• Renewed 3 year grant award for Youth Tobacco Prevention Program
(2009-2012)
Commissioner Yuhasz asked about the decision to discontinue dental services being
provided at the Carr Mill Mall (CMM) location. Chris Harlan explained that the Board
had discussed this issue at length in the past and felt that there were limited resources
available for the clients that use the CMM clinic. Dr. Summers stated that keeping the
Carr Mill dental clinic open is an expensive option because it is only open 2 days per
week and staff alternates between offices. She also said that if staff were available to
run the CMM clinic Monday through Friday, there would be no shortage of patients at
either clinic location. The problem is availability of staff.
Commissioner Yuhasz asked for clarification on the discontinuation of the HIV program.
Rosemary Summers explained that the testing at community sites currently is being
done by a volunteer and by clinic staff in the clinics. In the past the department had a
staff member to administer the community testing program and counseling, however
that staff retired and because community-based testing is not a mandated program,
the department opted to eliminate the program. The department will continue to
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provide testing and counseling in each clinical setting.
Chris Harlan stated that the department is currently operating at a barebones level and
to make further reductions will seriously jeopardize the health status of those citizens it
serves. Tim Carey expressed support of the programmatic approach to budget cuts
rather than across the board percentage cuts.
Upon further discussion, Board members proposed sending a letter to Commissioners
setting forth the Board of Health’s position on critical areas of concern and the long-
term effects for Orange County citizens that would be affected by budget cuts. The
Board urged retention of positions that are currently being furloughed, to be filled when
funds become available and stated that this is a high priority because they felt there
will be a strong need due to the impact of the economy. Concerns were expressed on
the impact on dental and medical health status, skimping on repairs in environmental
health leading to septic failures, and substantially higher infectious disease rates as
consequences.
Motion to send the budget forward to the Commissioners and to include a letter to
Commissioners expressing the Board’s strong concern about the impact of budget cuts on
critical areas of health care was made by Jessica Lee, seconded by Matt Vizithum, and
carried without dissent.
D. Comments on Draft State of the Environment Report
Tom Konsler reported that the Environment Resource Conservation Department has
been preparing the 2009 State of the Environment Report to be considered by the
Commission for the Environment. ERCD staff shared a copy of the draft and is soliciting
comments from other boards or agencies. Ernie Dodson stated that he noted several
statements that he thinks are misleading and that suggests rewording. He also noted
that several statements indicate a bias rather than being simply factual.
The Board members expressed an interest in portions of this document as many of the
topics overlap existing programs in the Environmental Health Division. They recognize
that recommendations coming from the report could have a serious impact on Health
Department programs, services, and future budget.
The Board directed staff to forward comments to ERCD staff for consideration in
preparation of the final draft and that the Board would like to review the final draft
before publication, if possible.
E. Informational Items
Due to time constraints, only Item E.d. only was discussed.
a. Board of Social Services Report to Commissioners: Board members received a
copy of the report presented to the Board of Commissioners at a joint meeting
with the DSS Board on February 10. The Report contains statistics that reflect the
rise in service demand for basic needs for county residents.
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ORANGE COUNTY BOARD OF HEALTH
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b. Meetings with Dental and Medical Safety Net Providers: The Health Director and
senior staff met with Dental and Medical Safety Net Providers in two separate
meetings in mid February. Summaries of those meetings will be provided to the
Board members in March.
c. Update on Pertussis at Carrboro Elementary School: An order was given to place
all 4th graders, kindergarteners, and bus riders on a certain bus route on antibiotic
therapy due to an outbreak of pertussis. As of February 17, 2009, all children
have complied with this order and have provided proof of antibiotic therapy to
school officials. Judy Butler, Community Services Supervisor was at the school
when students returned after antibiotic therapy to assist school personnel with
the verification process. At the end of the day only 10 children were without
antibiotics but were in the process of acquiring them. These children returned to
school the next day in compliance. While these cases were all in vaccinated
children, at some point in the future the Board may wish to look more closely at
the status of unvaccinated school children (religious and medical exemptions) to
determine whether any potential policy action is either necessary or possible.
d. Letter from DENR regarding residuals management: The Aquifer Protection
Section of the Division of Water Quality recently issued a letter to county health
departments explaining the residuals (biosolids) management program in the
state and encouraging counties to be active and aware of the permitting and
notification process. A draft memorandum from the Commission for the
Environment to the Commissioners was also provided to the Board. The CFE is
recommending a task force on the issue.
Commissioner Yuhasz asked what kind of monitoring process was in effect. Tom
Konsler stated that we are the only county in the state that has a monitoring
process for biosolids applications, however, due to staff limitations it is impossible
to monitor all applications so it is only by spot checking, but he felt that the
majority of those using biosolids were now following the guidelines set forth simply
because of the possibility of environmental health staff arrival during the
application process. Early in the process there was much more non-compliance.
Board members agreed that participation in a multi-disciplinary task force would
be acceptable, however the CFE suggested memorandum of agreement with
the Health Department and the Division of Water Quality (DWQ) should be
negotiated between the health department and DWQ based on available
health department resources.
d. Media clips: News articles featured in local newspapers on public health issues
or with health department involvement were provided for the Board’s
information.
e. Health-related Bills introduced in General Assembly: A listing of health-related
bills that have been introduced by the State Legislature to date was provided to
Board members. Members were asked to notify the Health Director of interest in
further discussion of pending legislation so the discussion could be scheduled for
an upcoming meeting.
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ORANGE COUNTY BOARD OF HEALTH
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F. Pending and Recurring Items
This report provides the Board with a look at upcoming agenda items and reminds the
Board of items that may have been requested but have not yet been addressed. Staff
will be looking at this tool and recommending changes to the tool for the Board to
consider at the March meeting.
VI. Board Comments/Announcements
None
VII. Adjournment
Motion to adjourn the meeting was made by Ernie Dodson, seconded by Tim Carey, and
carried without dissent.
The next Board of Health meeting will be held on Wednesday, March 25, 2009 at the Southern Human
Services Center, Chapel Hill, North Carolina at 7:00 PM.
Respectfully submitted,
Rosemary L. Summers, MPH, DrPH
Health Director
Secretary to the Board