Approved 11/5/08
HUMAN SERVICES
October 15, 2007
Minutes
Members Present: Curtis Hertel, Mark Grebner, Rebecca Bahar-Cook, Andy Schor, Tim Soule, Mike Severino and Board Chairperson Marc Thomas
Members Absent: None
Others Present: Jared Cypher, Dr. Sienko, Melany Mack, John Jacobs, Jaeson Fournier and Timothy Perrone
The meeting was called to order by Chairperson Hertel at 7:02 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the September 10, September 17, 20007 and October 1, 2007 Minutes
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. BAHAR-COOK, TO APPROVE THE SEPTEMBER 10 MINUTES AS SUBMITTED AND THE OCTOBER 1, 2007 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY. Absent: Comms. Grebner and Schor
Additions to the Agenda
1j. Resolution to Authorize Service Contracts with Licensed Dentists Assigned to the Jail Medical Facility
2. Substitute Resolution
Limited Public Comment: None
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. BAHAR-COOK, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
1. Health Department
a. Resolution to Appoint Dr. Renee Canady to the Capital Area Food Banking System Work Group
b. Resolution to Authorize a Contract with Presort Services, Inc.
c. Resolution to Authorize 2007-2008 Public Health Services Agreement with the Ingham Health Plan Corporation
d. Resolution to Authorize a “Reducing Youth Smoking Rates” Grant from Blue Cross/Blue Shield and Blue Care Network of Michigan
e. Resolution to Authorize a 2007-2008 Federal Abstinence Grant Program
f. Resolution to Authorize a Federal Compassion Capital Fund Demonstration Program Grant
g. Resolution to Adjust the Status of a Position in the Office of Young Children
h. Resolution to Approve the Purchase of a Loop Electrosurgical Excision Procedure Unit for the Health Department’s Cedar Community Health Center
2. Controller’s Office – Resolution Authorizing Adjustments to the 2007 Ingham County Budget
MOTION CARRIED UNANIMOUSLY. Absent: Comms. Schor and Grebner
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. BAHAR-COOK, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. Absent: Comms. Schor and Grebner
i. Discussion:
2. Substitute - Regulation to Require License for the Retail Sale of Tobacco, and to Prohibit Sale of Tobacco to Minors and to Restrict Location of Tobacco Vending Machines
Ms. Mack stated Mr. Perrone has been very helpful during this process. The Health Department presented a power point presentation detailing the history of the Regulation. Ms. Mack stated the Regulation has been updated to reflect this Committee’s wishes.
(Comms. Grebner and Schor arrived at 7:10 p.m.)
Ms. Mack reviewed the changes to the Regulation.
Article 3-1: Prohibition of Tobacco Sales - “or attempt to sell” was added to the existing language. The Committee discussed this proposed change. Mr. Perrone explained there will not be a problem as long as a minor is not using tobacco while dining with someone 18 years old or older.
Article 4-1: License Required - The license term was changed from three years to one year to reduce the out of pocket expense for vendors.
Article 4-3: License Fee – “and for tobacco control programs” was added to section (1). Ms. Mack explained the changes to section (2). This change will require vendors to pay the County the difference between the annual cost of the municipal license fee and the County’s license fee. East Lansing is still on a three year schedule.
Article 6-1: Certain Free Distributions Prohibited – Applications for a temporary permit shall be submitted to the Health Officer at least 30 days prior to an event. The term was changed from 24 hours to 30 days.
Chairperson Hertel asked if the Department will notify vendors of the changes to the Regulation. Ms. Mack indicated notice will be sent to the vendors.
Comm. Schor requested clarification regarding Article 5-3. Ms. Mack explained this section was amended because the number of vending machines has dramatically decreased.
Comm. Severino asked how long it takes to obtain a food service permit from the Health Department. Ms. Mack stated she would check this fact for Comm. Severino.
Article 7-1: An employer or agent of a tobacco retailer who violates any provision of this Regulation as a first violation may participate in a tobacco control educational program within 90 days of the violation in lieu of the monetary civil penalty. This is new language.
Article 7-3: “shall” was changed to “may” to be consistent with actual practice. Ms. Mack stated there has never been a license suspension during her tenure in this position.
Chairperson Hertel requested the Health Department to provide this Committee with an annual report regarding the number of violations and how the Department handled the violations.
Ms. Mack reviewed the changes to the Policies and Guidelines in the Regulation. The Policies and Guidelines will be on display for the public. Vendors will be notified of the changes to the Policies and Guidelines.
The Committee held a brief discussion regarding the penalties for selling to minors and selling tobacco products without a license. Chairperson Hertel stated he believes that selling tobacco to a minor is a worse offense than selling tobacco products without a license. Mr. Perrone stated the misdemeanor penalty is limited to $200 and the civil penalty can be up to $1,000. The Board of Commissioners can set the penalty for the civil infraction. The penalty for selling tobacco products to a minor can be as high as $1,000.
Chairperson Hertel suggested the fines could be increased for each subsequent violation in Article 7-1. The ranges could be $50 for the first offense, $250 for the second offense, $500 for the third offense and $1,000 for a fourth offense. The Committee consented to this suggestion.
Ms. Mack stated the suggested fine increase will be a positive change to the current language.
The Committee reviewed other changes to the Guidelines and Procedures. Comm. Bahar-Cook asked if the Enforcement Policy should include a fourth component. Ms. Mack explained the fourth component is included in the “subsequent” penalty language. Steps will be taken to suspend or revoke a tobacco sales license on a fourth violation.
Ms. Mack stated a compliance sting in 1993 revealed that 74% of the establishments sold tobacco products to minors. The most recent sting revealed the rate was down to 11.8%. Ms. Mack thanked the Committee for its support of this successful Regulation. She then explained the sting process.
Comm. Schor stated people were concerned that the Regulation would drive businesses out of Ingham County. He asked if the Department had any data on this issue. Ms. Mack stated there were 600 vending machines and 500 vendors; now, there are just over 300 vendors. Dr. Sienko stated from his understanding, the licensing fees are small when compared to the other kick backs vendors receive from the tobacco businesses.
Dr. Sienko asked if the Department should move forward with the changes for the November 5, 2007 public hearing.
MOVED BY COMM. SCHOR, SUPPORTED BY COMM. SOULE, TO APPROVE THE REGULATION TO REQUIRE LICENSE FOR THE RETAIL SALE OF TOBACCO AND TO PROHIBIT SALE OF TOBACCO TO MINORS AND TO RESTRICT LOCATION OF TOBACCO VENDING MACHINES.
Chairperson Hertel suggested that this Committee vote on the Regulation after the November 5 public hearing.
1. Sparrow Health System Invitation to Collaborate in its Senior Health Center Operations Currently Operated at 1210 West Saginaw
Dr. Sienko reviewed his October 5, 2007 memorandum to this Committee regarding this item. The memorandum is included in the agenda material.
Mr. Fournier stated the new collaboration will bring together resources from MSU, ICHD, Sparrow and other entities which will provide comprehensive and geriatric education and treatment services to the public. The Health Department will apply for Federally Qualified Health Center look-alike status.
Comm. Bahar-Cook asked if it would make sense to house the services closer to a geriatric area. Mr. Fournier stated the proposed location is a high needs area.
j. Resolution to Authorize Service Contracts with Licensed Dentists Assigned to the Jail Medical Facility
MOVED BY COMM. SOULE, SUPPORTED BY COMM. SCHOR, TO APPROVE THE RESOLUTION TO AUTHORIZE SERVICE CONTRACTS WITH LICENSED DENTISTS ASSIGNED TO THE JAIL MEDICAL FACILITY.
The Committee held a brief discussion regarding this matter.
MOTION CARRIED UNANIMOUSLY.
Announcements: None
Public Comment: None
The meeting adjourned at 7:56 p.m.
Respectfully submitted,
Debra Neff