Conference Report: Fern Valley Hotel and Conference 2715 Fern Valley Rd. Louisville, KY 40213CABINET FOR HEALTH AND FAMILY SERVICES. DEPARTMENT FOR PUBLIC HEALTH D von a Pble Hel Precon & Slay Steven L. Beshear Enteral anager BrenenHs 16 ‘Audrey Tayee Haynes Governor 275 East Man Street Secretary (602) 564-4856, 1802) 564-3653 re bis ky gov 5 June 2015 Malt Rhodes, Deputy Director Louisville Metro Department of Public Health and Wellness 400 East Gray St Louisville, KY 40213, Dear Mr. Rhodes; This is in reference to the conference held at the Louisville Metro Public Health and Wellness, 400 East Gray St. Louisville, KY on 26 May 2015. Enclosed you wil find the conference report for Fem Valley Hotel Holding LLC, ‘Owner/permit holder of Fern Valley Hotel and Conference, located at 2715 Fern Valley Rd. Louisville, KY. In this report is the recommendation for your review and conclusive decision on this matter. Upon your authorized signature, a copy of this report will need to be submitted by the Louisville Metro Public Health and Wellness to Fem Valley Hotel Holding LLC, Owner/permit holder of Fern Valley Hotel and Conference, located at 2715 Fem Valley Rd. Louisville, KY. As indicated in health department files, Fern Valley Hotel Holding LLC's mailing address is 14 Glen St. Glen Cove, NY 11542. 'tis with sincere hope my recommendation will be of assistance to you and your staff in resolving this case. If you ae need further information, please feel free to contact me at my office. me ted Conference Officer Section Supervisor, Fe Environmental Management Branch Office # (502) 564-4856 ‘cc: Tim Wilder, Environmental Health Supervisor KenluckyUnbadledSprit com ‘An Equal Opportunily Employer M E1D5. The Pentioner, Fern Valley Hote! Holding LLC, Owner of Fern Valley Hotel Conference, ‘olation of the provistons of the Kentucky Hotel Act of 1972 Law :gulition on the alorementioned inypection di Alter listening to: following recone Lovissille Metro Dep esponves and comments and having reviewed all pertinent data the on are being submitted to Mr Matt Rhodes. Deputy Director of nt of Public Health and Wellness {is 10 be understood that these eecommendtions are being made by the Conference Offices in regard to the Notice / Order issued by the Health Authority and that « final decision on this ‘matter will be issued by Mr. Matt Rhodes, Deputy Director of Louisville Metro Depariment of Public Health and Wellness. RECOMMENDATIONS: fs the recommendation of the Cabinet that the Louisville Metro Department of Public Health and Wellness and the Petitioners continue to work together. ager. Mr. Jubangie Hadjmohamumadreza, itis also the recommendation of the Cabinet that Louisville Metro Departnient of Public Health and Wellness conduct a subsequent follow-up tion within ninety (90) days of the {ssuance of the final decision to eosure thal they are in substantial compliance with all applicable tows and regulations. UC not in substantial compliance with all applicable laws ‘and regulations it isthe recommendation of de Cabinet thatthe Louisville Metro Department of Public Health sand Wellness suspend permit # 90305, “The above recommendations are respectively vubmitted 10 the Louissille Metro Deparment of Public Health and Wellness on 5 June 2015 by Vonia L, Grabeel, RS, Conference Olficer. ©) | Recommendation dhapprosed J, Recommendations approved a ited 4 sora me; 7 fe Iie mtn: he te fem git eS Stato feemee will : fore eg (EL he a BEEN te inion es. “9 iso Petens, Date: Go) 2 NOTICE: The Patitioner is advived th Department of Public Health and Wellneys an appea and Family Services within ten (10) days of receipt of the Final decivon, by mailing appeal to the Commissioner for Public Health, Department for Public Health, 275 ka Street, Frankton, KY 40621 upon entry ofa final decision by the Louiseille Metro way he filed withthe Cabinet for Heahih letter ofMr, Blankenship mentioned the fact that the Cuy iy req make the repairs eoquired by the Louisville Metro Depa ring permits 10 be palled in order te ‘of Public Health and Wellness As the Conlerence Officer, Hanked Me. Jahangir Hadjmohammadreza, General Manager. how Tong he thought they would nved to pull the proper permits and make the repains: he indicated that they would need ninety (90) d FINDING OF FACTS 1. Fern Valley Hotel Holding LLC, Owner of Fern Valley Hotel and Conferen ‘currently operating Hotel/Motel lacility with » permit located st 2715 Fern Ra, Louisille, Kentucky 40219 ey 5 lar inspection dated 3725/2015 with 4 score of 36% which noted both eriteat ‘and non-critical violations. 3. Bollow-up inspection dated 4/8/2015 with a seore of 62% which noted both eritieal and non-critical violations 4 Follow-up inspection dated 4/9/2018 wih a score of 68% which noted only non critical violations od 427015 with Follow-up inspection i violations seore of 684% which noted only non 6 A Notice to Susper orm, was issued 26 March 2015. "a well ay a "Request for Conference: CONCLUSIONS OF LAW 1. ‘The purpose of the statute and regulations for Kentucky Hotel Act of 1972 (KRS 219.011 40 219.031 and 902 KAR 7-010) i 1 esablish uniform standards forthe onsituction and layouts: siniary Standards for operation and other matters necessary 10 insure a safe and sanitary Hotel/Motel operation, 2. Pursuunito KRS 219021, no person shall operate hotel without having abusined permit to operate from the Caine for Heath and Early Services 3. The Lovisille Metro Depurinent of Pubic Hes and Wellness mandated by state aw to instre tat Hotel/Motel Facilities oper 219.01 1 10 219.081 and 902 KAR 7:010. we in Striet compliance with KRS (ed in accordance ns and issuing 4. The Louisville Metro Department of Public Health and Wellness with the applies Hawions in condu appropriate notices. he hws and regAlter the preliminary remarks, Ms. Roth, Environmental Health Specialist, way ayked to review: the inspection reports and (0 summarize the procedures which resulted in this conterence. and 10. olfer pertinent testimony and evidence Ms, Roth entered into evidence a historwal time tine of inspections and complaints ta show the history of the hotel (see attached). She alvo vlfered into evidence copies of the inspections and complains However, because the complainant's names had nol buch redacted oth parties agreed for the Louisville Metro Department of Public Health and Wellness stall to make said conference were ay follows tsee {In addition to tached inspe pection dated ¥25/2015 with a score of S67 which noted both eriical and tical violations a Enforcement Notice and a Reyuest For Conference was issued 3226/2015 2. Follow-up inspection dated 4/8/2015 with a score of 627 which noted both critical not-entical violations, AL. Follow-up inspection Jated 4/9/2015 with a score of 687 whieh noted only non-ctit violations, 4. Follow up inspection ded 4/27/15 with a score of 68° which noted only non-critical Ms. Roth noted on her timeline and in her testimony that there had been improvement but not enough to remove any of the viokutions olf the inspection. Ms, Roth also entered into evence complaints and that the health department had held on wior2015. ‘Due to the above. a "Request for Conference” form was issued on 26 March 2013, ‘The follow: Uup inspection dated 27 March 2013 noted that the violations from the previous, follow-up inspection dated 9 March 2015 will evisted, The "Request for Conference” form was signed on 3 April 2015 by Soleyman Ghalchi (see attuched, the Louisville Meteo Department of Publi Health and Wellness did not note as to when the ce" Way received, The ‘original conference was scheduled for 15 May 2018 at 9:00 aan, at the Louisville Metro Department of Public Health and Wellness, However. due 10 unexpected travel by Mr. Ghalcbi the conference was rescheduled (or 26 May 2018 at 1:30 pm (see attached). Mr. Ghalehi could ‘not attend this meeting either, howeverche sent repeesemtatives ay noted above. Petitioner's Comments Mr. Blankenship, Attorney for the Petitioners, clarified with the Conference Otticer that? only evidence to be presented was inspections and complains which occurred prior to the issvanee of the Enforcement Notice dated 3726/2015, Mr. Jahangir Hadjmohamemadrezs, General Manager, wanted 10 Osganization’s and his intent (o Fix the issues with the hotel, It was to their benefit and the community's for the hotel 10 be repaired. He provided receipts where they had made repairs 10 the sprinkler system and the elevators. However. he did not make copies for the Conleesnee Officer to aid in her recommendations. So it was agreed upon by both puirties that the receipts ‘could be emailed 10 the Conference Olficer for consideration and inclusion in the conference repon.CONFERENCE REPORT Inthe mater of: Fern Valley Hotel and Conference PETITIONER 2715 Fern Valley Rd. Louisville, KY 40213 Permit No.: 90305 and Wh and Wellness RESPONDENT Lovivvitle Meiro Department of Public Hi 400 East Gray St P.O. Box 1704 Louisville, KY 40201 INTRODUCTION A conlerence was held on 26 May 2015, a1 1:38 p.m, at the Louissille Meto Deparin Public Health and Wellness, Loutsulle, Kentucky. tor the purpose of allowing Fem Valley Hotel Holding LLC, Owner of Fern Valley Hotel and Conference (*Petinioner”). ‘opportunity 10 respond 19 an oifieial nice issued by Louisville Metso Department of Public Health and Wellness ("Respondent"), on 26 March 2015. in regard to repeated cenical and non ctitieal violations of KRS 219.011 w 219081 and KAR 74010 noted dusing routine and fallow up ingpection.. ‘Those attending the conference were: PETITIONER(S): Mr. Harley N. Blankenship, Auworney and Mr. Jah jmohammadnees General Manager. ih Supervisor. Ms, Olivia J. Roth, :avironmental Health Specialist RESPONDENT(S): Mr. Tum Wilder, Environmental He Environmental Health Spectalist and Me, Daa J. Emmons, CONFERENCE OFFICER: Ms. Vonia Grabeel. RS, Cabinet for Health and Family Services Environmental Management Section Supervisor. Conference Officer ‘The Conference Officer requested that all witnesses be sworn en, expluined the purpove ol the conference, confirmed that notice of the conference was mailed to the Petitioner at least ten (10) days prior to the scheduled conference date, advised dhe parties that the conference would be recorded and advised the Petitioner of the right ro be represented by an attorney. The conference hid to be rescheduled Irom is eviginal date due t0 unexpected travel by the owner, The owner could mat be present at proceeding> thus he sent represeatatives to provide evidence and testimony on is behalf.