Health Department

Board of Health Meeting Minutes
October 14, 2008

BOARD OF HEALTH MEETING MINUTES
October 14, 2008

The meeting of the Board of Health was called to order by Vice Chair Dr. Ruth Stewart at 4:00 p.m. in Room 212 of the Lentz Public Health Center.

Present

Ruth Stewart, MD, Vice Chair
Janie E. Parmley, RN, MSN
Henry W. Foster, Jr., MD
Sam Felker, JD
Christy Feldman, JD, Metro Legal Advisor

Absent

William N. Hance, JD, Chair
Samuel Okpaku, MD, PhD, Secretary

Consent Agreement A-08-003

Rob Raney, Director, Pollution Control, presented a brief timeline of events leading up to the issuance of Consent Agreement A-08-003 to Red Hanger Cleaners for failure to maintain all adequate records.

The Pollution Control Division (PCD) issued a Notice of Violation (NOV) to Red Hanger Cleaners assessing a penalty of $500.00 for recordkeeping violations.

There is now a new owner and proper records are being kept.

In an effort to resolve this violation, Mr. Raney recommended that the Board ratify Consent Agreement A-08-003. Red Hanger Cleaners was represented by Chris White, present owner.

Dr. Foster made a motion to ratify Consent Agreement A-08-003. Ms. Parmley seconded the motion. The motion passed unanimously.

Emergency Preparedness Update

Nancy Horner, Director of Epidemiology and Emergency Preparedness, gave an overview of the Health Department’s response to the activities during Hurricane Gustav. The Tennessee Department of Health activated an informal Regional Health Operations Center (RHOC). The RHOC consisted of an OEM representative, Tennessee Department of Health liaison person, an operations section chief, a medical officer, and the department’s Public Information Officer (PIO). The State Department of Health had prepared a mass sheltering plan. There were 1,200 evacuees in nine Red Cross shelters in Middle Tennessee.

Ms. Horner stated that it was a learning experience for everyone involved and it showed that the Health Department is capable of responding in an effective fashion to an emergency request of this size. The Department was adaptable and responded with improvements every day. The needs of the evacuees were always in mind when decisions were made. She assured the Board that the current team is dedicated and will move the Department forward in the preparedness effort.

Schedule Public Hearing Date for Proposed MPHD Regulations Governing Menu Labeling

Dr. Paul, Director of Health, asked the Board to consider promulgating regulations for the labeling of menus with calorie counts in restaurants that have more than ten sites nationally. Dr. Paul stated that this is one of many measures to address the issue of obesity and the accompanying morbidities. In Nashville, 60 percent of the people are either overweight or obese. People do not know the amount of calories they are consuming when they eat outside of the home. Menu labeling has been adopted in several cities in the U.S.

Dr. Paul asked the Board to set a date for a public hearing on menu labeling.

Dr. Foster made a motion to schedule a public hearing at the November 6, 2008, Board of Health meeting to explore the issue of menu labeling in chain restaurants. Ms. Parmley seconded the motion. The motion passed unanimously.

Approval of Grants and Contracts

Stan Romine referred to the Grants/Contracts Summary which was submitted to Board members for their review. The contracts and grants were as follows:

  1. Grant Amendment from the State of Tennessee, Department of Health. Compensation: $735,200.00
  2. Cooperative Agreement with United Neighborhood Health Services. Compensation: None
  3. Data Use Agreement with Vanderbilt University Medical Center. Compensation: None
  4. Clinical Affiliation Agreement with Tennessee State University. Compensation: None
  5. Contract for Services with Public Health Foundation Enterprises. Compensation: $162,850.00
  6. Grant Amendment from the State of Tennessee, Department of Health. Compensation: $63,200.00
  7. Grant from the State of Tennessee, Department of Health. Compensation: $21,000.00
  8. Grant from the State of Tennessee, Department of Health. Compensation: $142,100
  9. Grant Amendment from the State of Tennessee, Department of Mental Health and Developmental Disabilities. Compensation: $53,040.00 for maximum liability of $95,472.00

Dr. Foster made a motion to approve the Grants/Contracts. Mr. Felker seconded the motion. The motion passed unanimously.

Report of Chair

Dr. Stewart called the Board’s attention to the Downtown Clinic for the Homeless Report. She stated that this would be the last report from Scott Orman as the Downtown Clinic for the Homeless is transitioning to United Neighborhood Health Services.

Approval of September 9, 2008 Minutes

Ms. Parmley made a motion to approve the September 9, 2008, minutes as written. Dr. Foster seconded the motion. The motion passed unanimously.

Report of Director

Copies of the Director’s report were distributed to Board members. Dr. Paul gave a summary of this report (Attachment I).

Civil Service Board

Salary above Mid-Point for Director of Behavioral Health

Dr. Paul stated that this request for salary above mid-point is for the Director of Behavioral Health. Position requirements were revised and interviews were performed by a panel process. The chosen candidate has nine years experience as Executive Director of the Mental Health Association of Middle Tennessee and was the Assistant Director of the Child Development Center at Vanderbilt. This candidate is willing to start with the department for a salary of $76,000. This is an offer above the mid-point which requires the Board’s approval.

Dr. Foster made a motion that the recommended salary be granted for this position. Ms. Parmley seconded the motion. The motion passed unanimously.

Layoff Request

Dr. Paul stated that when the transition of the Downtown Clinic for the Homeless to United Neighborhood Health Services was first discussed it was thought that most of the staff would choose to stay with the clinic under the new management. A privatization ordinance requires that the department offer each employee, affected by privatization, a position at the same level and salary within Metro Government if that employee chooses not to go with the new management. It was not expected that anyone would be facing layoff. Mr. Romine stated that MPHD’s Human Resources Division looked within all Metro Departments at positions for which employees at the Downtown Clinic would qualify.

Deborah Bowles-Lee was present with a request to be heard by the Board regarding her position. Dr. Paul explained that Ms. Bowles-Lee’s duties at the Downtown Clinic for the Homeless were making assessments and conducting group counseling sessions with homeless men who had substance abuse issues. She was offered a position as an outreach worker with the STD Division. The duties of this position included promoting HIV testing with individuals including homeless, drug addicted persons and others with risk factors for HIV. The position did require the training of drawing blood for testing. Ms. Bowles-Lee was offered the position in writing. She declined the position stating that she would prefer staying with her current career focused on alcohol and drug counseling. There are no other positions available; therefore, a request for layoff is being brought before the Board.

Ms. Bowles-Lee confirmed that she was given a job opportunity in the HIV Division that required her to draw blood. She stated that she could not physically perform that job due to a physical disability which was made known to the director of Health Care Access. Ms. Bowles-Lee stated that she does not think her disability or her experience was taken into consideration when this job was offered to her.

Dr. Paul stated that he was not aware of this disability issue until today.

Bart Perkey, Director of Health Care Access, stated that Ms. Bowles-Lee never made him aware of her disability until this Board meeting.

Dr. Stewart suggested that this new information be clarified and then revisit the position. Mr. Felker wants to know if United Neighborhood Health Services has made a job offer to Ms. Bowles-Lee and what the outcome was. This would affect his decision for approval of the lay off. Dr. Foster stated he agreed with Mr. Felker’s approach.

Revision to MPHD Family Medical Leave Act Policy

Mr. Romine recalled the July 2008 Board of Health meeting when the Board revoked the Disability Leave Policy based upon the advice of Metro Legal. During this meeting a decision on the Family Medical Leave Act Policy (FMLA) issue was deferred.

Mr. Romine stated the Executive Management Team and Dr. Paul are recommending that the policy be changed to reflect that MPHD employees:

1) do not have to utilize accumulated paid leave prior to receiving income protection benefits, and
2) do not have to utilize accumulated paid leave concurrently with FMLA leave

The change in item #2 of Policy #5.15-1 will be to substitute “will” for “may”. A revision of the FMLA policy word change was sent to each Board member prior to the meeting.

Mr. Romine asked that the Board approve of this word change in the FMLA policy.

Ms. Parmley made a motion to approve the word change in the FMLA policy. Dr. Foster seconded the motion. The motion passed unanimously.

Revocation of MPHD Light Duty Policy and Adoption of MPHD Transitional Work Policy

Mr. Romine stated that the department has a policy for light duty reassignment. This policy only covers conditions that were work related. For fairness and consistency, Mr. Romine stated that this policy should apply to non-work related conditions also.

The current policy allows up to 130 working days; the new policy would only allow 90 working days.

Mr. Felker made a motion to approve the policy with a change to Section C, Guidelines for all Transitional Work Assignments, #4, c) to read as follows: The department determines at its discretion that the transitional work will be terminated. The motion passed unanimously.

Ms. Parmley made a motion to accept revocation of the Light Duty Policy # 5.8 D-1 to be replaced by Transitional Work Policy 5.8 D-1. 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, November 6, 2008, in the Auditorium of the Lentz Public Health Center.

The meeting adjourned at 5:45 p.m.

Respectfully submitted,

William N. Hance, J.D.

Chair

ATTACHMENT I

Director’s Update to the Board of Health
Tuesday, October 14, 2008


Improve health and wellbeing of children

The Seventh Annual Project Blossom Conference will be held on Thursday and Friday, November 13 and 14, 2008, from 8:00 AM – 4:30 PM. The Awards Banquet will be held on Friday, November 14 from 5:00 p.m. to 8:00 p.m. The conference and banquet will be held at St. James Missionary Baptist Church, 600 28th Avenue, North. Any Board member who wishes to attend should contact Dr. Kimberlee Wyche-Etheridge at 340-5687.

Improve access for everyone to needed preventive, medical and mental health services

Services for Homeless People

On Wednesday October 1, 2008, the Department's Health Care for the Homeless Program put its new mobile medical clinic on the road for the first time. First stop - "Tent City" - a homeless enclave of some 20 homeless people, nestled in the woods between the Cumberland River and the operations of Inner City Ministry (just southeast of old General Hospital, off Hermitage Avenue). Our 38 foot mobile clinic was greeted by a member of the Metropolitan Homelessness Commission and outreach workers from Downtown Clinic and Park Center . The outreach workers have been seeking housing for the Tent City homeless, who will be displaced soon. They helped spread the word that the mobile clinic had arrived, and before the day was done, 18 homeless people had been seen for TB skin tests and primary care issues. A few of them were seen by the program's contract psychiatrist who came down to observe the team in action; he made a "tent call" and prescribed medication for a physical condition.

The team for the October 1 inaugural outing and the return visit on October 3 consisted of a nurse practitioner, RN, a clerk and a driver (the Program Director). The same staff returned on Friday, October 3 and the practitioner and RN went again on Wednesday, October 8.

Tent City has been in the news frequently, and there are plans to destroy it soon after November 1, 2008. Notices to that effect were distributed by police officers while the team was there on October 1. The Health Care for the Homeless program plans to continue going to Tent City every Wednesday until it closes.

Flu Clinics

Metro Councilmen and Mayor Dean will receive flu shots at Lentz on Wednesday, October 15, 2008.

MPHD staff will be offered flu shots on Friday, October 17, 2008.

October 27, 2008

South Inglewood Community Center
1625 Rebecca Ave.
Nashville, TN, 37216
Clinic Hours: 8 a.m.-3 p.m.
Arrive at 7:30 a.m. to set up

October 28, 2008

Wingate Church of Christ
99 Thompson Lane
Nashville, TN 37211
Clinic Hours: 8 a.m.-3 p.m.
Arrive at 7:30 a.m. to set up

October 30, 2008

Antioch United Methodist Church
41 Tusculum Road
Nashville, TN 37211
Clinic Hours: 8 a.m.- 3 p.m.
Arrive at 7:30 a.m. to set up

November 3, 2008

Madison Church of Christ
106 N. Gallatin Pike
Madison, TN 37115
Clinic Hours 8 a.m.- 3 p.m.
Arrive at 7:30 a.m. to set up

November 4, 2008

Vinnie Links Golf Course (Metro Employee Clinic)
2009 Sevier St.
Nashville, TN 37206
Clinic Hours: 8 a.m.-3 p.m.
Arrive at 7:30 a.m. to set up

November 5, 2008

Nashville Fairgrounds (Metro Employee Clinic)
Flea Market Office (top of the hill off Raines Ave.)
625 Smith Ave.
Nashville, TN 37203
Clinic Hours: 8 a.m.-3 p.m.
Arrive at 7:30 a.m. to set up

November 6, 2008

Historic Courthouse (Metro employee clinic)
Jury Assembly Room Ground floor
1 Public Square (James Robertson entrance)
Nashville, TN, 37203
Clinic Hours 7 a.m.- 3 p.m.
Arrive at 7:30 a.m. to set up

November 7, 2008

Metro Southeast
Green Hills Room
1417 Murfreesboro Pike
Nashville, TN 37217
Clinic Hours 7 a.m.- 3 p.m.
Arrive at 7:30 a.m. to set up

November 10, 2008

North Precinct
2231 26th Ave. N.
Nashville, TN 37216
Clinic Hours 8 a.m.- 3 p.m.
Arrive at 7:30 a.m. to set up

Ensure cleaner air and safer environment

Systech is working to complete the required items.

United Partners for Animal Welfare (UPAW) will meet on Wednesday, October 15, 2008, at 5:30 PM in the Lentz Auditorium. UPAW is an outgrowth of animal summit meetings held during the past year. Community partners are actively working together with Health Department staff to find solutions to animal related issues.

Management and Accountability

State and local budget staff are indicating that the up-coming budget year will be another belt tightening challenging year.