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MINUTES ORANGE COUNTY BOARD OF HEALTH April 21, 2010 Board of Health Minutes Transcription completed by Anne Miles Cassell 5 April 21, 2010 Steve Yuhasz asked when these contracts would go into effect. Wayne Sherman replied that they would be effective at the beginning of the FY10-11. Motion to approve the multiple contract renewals including school contract changes was made by Jessica Lee, seconded by Mike Carstens, and carried without dissent. B. Adam Bliss Appeal Hearing Request On January 2, 2010 a new law went into effect prohibiting smoking indoors at restaurants and bars in North Carolina. Enforcement and complaint response was delegated to local health departments. The board adopted an enforcement protocol that staff developed based on guidelines issued by the state. Tom Konsler explained that a bar in Chapel Hill, Hookah Bliss, owned by Mr. Adam Bliss, has been inspected several times in response to complaints received that smoking was allowed inside the bar. One educational letter and two violation notices were issued as a result of the inspections and on March 22nd, Mr. Bliss was given a third violation notice. An administrative penalty was issued by the Health Director at that time. The administrative penalty continues to accrue each day that Mr. Bliss operates in violation of the law. On April 19th, Mr. Bliss submitted a notice of appeal challenging the state’s interpretation of the law which does not exclude hookah bars from the indoor smoking prohibition. The Board is obligated to schedule a hearing in response to this appeal in accordance with NCGS 130A-24. Given the constraints of the notification requirements, the hearing must be held either May 3rd or May 4th. In response to clarification by the Board, Annette Moore, County Staff Attorney, stated that the only thing the Board could rule on at an appeals hearing would be whether the Department had correctly acted within the guidelines and protocols of the law in its enforcement. The hearing will be recorded and a transcript prepared following the hearing. Annette Moore stressed the importance that a quorum of Board members be present for the hearing. May 4th was the only date a quorum would be able to attend and a time of 6:30 PM worked best for the Board. Motion to hold the Appeals hearing requested by Mr. Bliss on May 4, 2010 at 6:30 PM at Southern Human Services Center was made by Jessica Lee, seconded by Christopher Cooke. C. Child Fatality Protection Team and Child Protection Team Report/Appointment of Local Health Provider to CFPT The Child Fatality Prevention Team (CFPT) and the Community Child Protection