Board of Health Meeting Minutes
July 9, 2009
The meeting of the Board of Health was called to order by Chair Bill Hance at 4:00 p.m. in room 212 of the Lentz Public Health Center.
Present
Bill Hance, JD, Chair
Samuel Okpaku, MD, PhD, Secretary
Janie Parmley, RN, MSN
Henry Foster, MD
Sam Felker, JD
Christy Feldman, JD, Metro Legal
Absent
Ruth Stewart, MD, Vice-Chair
Consent Agreement A-09-003
Rob Raney, Pollution Control Division Director, presented a brief timeline of events leading to the issuance of Consent Agreement A-09-003 to Sam’s Cleaners.
The Pollution Control Division (PCD) issued a Notice of Violation (NOV) to Sam’s Cleaners for failure to submit the 2008 emission inventory and emission fee by March 31, 2009 as required by Section 10.56.080, “Permit and Annual Emission Fees” of Chapter 10.56, “Air Pollution Control” of the Metro Code of Laws.
Consent Agreement A-09-003 was issued to Sam’s Cleaners assessing a penalty of $500, in addition to the annual emission fee and late fee of $150, for failure to submit the emission inventory and fee in a timely manner.
In an effort to resolve this violation, Mr. Raney recommended that the Board ratify Consent Agreement A-09-003. Sam’s Cleaners was represented by Mr. Mark Chung.
Ms. Parmley made a motion to ratify Consent Agreement A-09-003. Dr. Foster seconded the motion. The motion passed unanimously.
Consent Agreement A-09-005
Mr. Raney reviewed a timeline of events leading to the issuance of Consent Agreement A-09-005 to Sequatchie Concrete Service for failure to submit the annual emission inventory report and emission based fee for calendar year 2008 in a timely manner.
The PCD issued Consent Agreement A-09-005 to Sequatchie Concrete Service, containing a proposed civil penalty of $500.
In order to resolve this violation, Mr. Raney recommended that the Board ratify Consent Agreement A-09-005.
Dr. Okpaku made a motion to ratify Consent Agreement A-09-005. Ms. Parmley seconded the motion. The motion passed unanimously.
Consent Agreement A-09-006
Mr. Raney presented a brief timeline of events leading to the issuance of Consent Agreement A-09-006 to H & H Associates, for failure to submit the annual emission inventory report in a timely manner.
The PCD issued a NOV to H & H Associates for failure to submit the 2008 emission inventory by March 31, 2009 as required by Section 10.56.080, “Permit and Annual Emission Fees” of Chapter 10.56, “Air Pollution Control” of the Metro Code of Laws.
Consent Agreement A-09-006 was issued assessing a penalty of $500 for failure to submit the emission inventory in a timely manner.
In an effort to resolve this violation, Mr. Raney recommended that the Board ratify Consent Agree A-09-006. Mr. Frank Hicks represented H & H Associates.
Dr. Foster made a motion to ratify Consent Agreement A-098-006. Ms. Parmley seconded the motion. The motion passed unanimously.
Director’s Order O-09-001
Mr. Raney gave a brief timeline of events leading to the Director’s Order O-09-001 to Grassmere Development Company.
PCD issued a NOV to respondent, citing violations of Section 4-7 “Regulation for Control of Hazardous Air Pollutants” that occurred at Villages of Grassmere. Respondent was instructed to provide answers to a series of questions and to hire a certified asbestos contractor to clean up all remaining asbestos contamination at the site.
The department received a response from respondent that failed to adequately answer the questions contained in the NOV.
PCD issued Director’s Order O-09-001 to respondent containing a civil penalty of $236,600 for violations of Regulation No. 4. The Order informed respondent of the right to appeal to the Board of Health within 30 days of receipt. Respondent was further informed that failure to appeal the Order within thirty days shall be a waiver of the right to appeal and deemed as consent to the assessment which shall become final upon approval by the Board.
Respondent did not appeal the Director’s Order within the allotted thirty day time period.
In order to resolve this violation, Mr. Raney recommended that the Board approve Director’s Order O-09-001 for Grassmere Development Company.
Ms. Parmley made a motion to approve Director’s Order O-09-001 to Grassmere Development Company. Mr. Felker seconded the motion. The motion passed unanimously.
Approval of Grants/Contracts
Stan Romine referred to the Grants/Contracts Summary which was submitted to Board members for their review. The grants and contracts were as follows:
- Grant Award from the State of Tennessee, Department of Health. Compensation: $40,000
- Grant Award from the State of Tennessee, Department of Health. Compensation: $202,200
- Grant Award from the State of Tennessee, Department of Health. Compensation: $255,000
- Memorandum of Agreement with Vanderbilt University Extension. Compensation: None
- Contract Amendment and Business Associate Agreement with United Neighborhood Health Services. Compensation: None
- Contract and Business Associate Agreement with Matthew Walker Comprehensive Health Center. Compensation: $120,872
- Subcontract Agreement with Matthew Walker Comprehensive Health Center for Women, Infant, and Children Program Services. Compensation: None
- Amendment to Contract between MPHD and United Way. Compensation: $3,717,199
- Grant Award from the U.S. Environmental Protection Agency. Compensation: An increase of $92,761 for a total funding of $1,385,000
Mr. Felker made a motion to approve the Grants/Contracts. Dr. Okpaku seconded the motion. The motion passed unanimously.
Report of Chair
Mr. Hance stated that after 15 years, Ms. Janie Parmley is resigning from the Board of Health. Eight of those years were as Chairman. Mr. Hance stated “personally I will miss her passion for public health, compassion as a person, and her gently council, especially to me.”
Ms. Parmley stated that it has been a great learning experience.
Mr. Hance stated that a reception will be held in Ms. Parmley’s honor on September 3, 2009, 3-4 p.m. in the Lentz Auditorium.
Approval of June 4, 2009 Minutes
Dr. Foster made a motion to approve the June 4, 2009 minutes as written. Dr. Okpaku seconded the motion. The motion passed unanimously.
Report of Director
Copies of the Director’s report were provided to Board members. In the absence of Dr. Paul, Stan Romine, gave a brief summary of this report (Attachment I).
Civil Service Board
Proposed Civil Service Rule Changes
Leslie Robeson presented proposed revisions of the Civil Service Rules. Copies of the proposed revisions were provided for Board members. The proposed changes are available on the intranet for Health Department staff.
Dr. Okpaku made a motion to hold a public hearing on August 6, 2009 regarding the proposed revisions to the Civil Service Rules. Mr. Felker seconded the motion. The motion passed unanimously.
Personnel Changes and Exit Interviews
Personnel changes and exit interviews were unremarkable.
Next Meeting
The next meeting of the Board of Health will be held at 4:00 p.m. on Thursday, August 6, 2009 in room 212 of the Lentz Public Health Center.
The meeting adjourned at 4:40 p.m.
Respectfully submitted,
William N. Hance, JD
Chair
ATTACHMENT I
Director’s Update to the Board of Health
As of June 26, 2009
Improve health and wellbeing of children
The HUGS Program (Help Us Grow Successfully) took home the State's top award for numbers of home visits for the last quarter. This is the second consecutive quarter HUGS received this honor.
FYI received two grants from the Governor's Office:
1. Birthing Project - provides $202,000 to expand program which matches women in the community with pregnant teens to improve support systems, compliance, birth outcomes, and infant survival rates.
2. Historically Black Colleges and Universities (HBCU) Peer Educator Program - provides $170,000 to train and work with college students on five Tennessee campuses on issues related to preconception health and improving future birth outcomes. Trained students will work locally, and partner with others from around the state, to create well crafted, coordinated interventions on campuses and in communities, while learning and sharing with each other best practices, successes and barriers. The project is in partnership with the Meharry HBCU Wellness Project and the Federal Office of Minority Health.
MPHD has partnered with Matthew Walker Community Health Center to continue the work of the Mobile Pediatric Assessment Clinic program and provide EPSDT (exams) to children in high risk schools.
Improve access for everyone to needed preventive, medical, and mental health services
Behavioral Health Services
The Tennessee Association of Alcohol and Drug Addiction Counselors (TAADAC) has selected our own Anita Wilson as the 2009 Tennessee Addiction Counselor of the Year. The formal announcement of this honor will be made in July and the award will be presented by her peers and fellow TAADAC members at their annual conference in September.
Anita began her career in 1983 working in local treatment centers as a front line counselor. In 1999, Anita joined the Behavioral Health Services Division of the Metro Public Health Department where she has provided alcohol and drug screenings and assessments to hundreds of uninsured and underinsured clients. For more than 25 years she has remained client centered and passionate about the treatment and recovery of those who suffer from addiction.
TAADAC started as a certification body in 1972. In 1996, the State of Tennessee established a licensing process for alcohol and drug counselors and TAADAC became an association of professionals focused on training and support.
It is a singular honor to be chosen by one's peers for such recognition. We congratulate Anita and celebrate with her.
Management and Accountability
The Mayor's proposed FY-10 operating budget for the Metro Public Health Department was approved by the Metro Council without any amendments. As previously reported, the budget did eliminate 30 funded positions and reduce other non-personnel operating funds. As we move into the new budget year all current employees' positions are funded with the possible exception of a few grant funded positions that have not been confirmed with a new grant agreement. Travel and training funds are greatly reduced as well as the elimination of longevity pay and merit salary increases for employees. The department will be challenged to manage our resources and seek efficiency in all of our program areas.