Approved 12/3/07
HUMAN SERVICES
November 19, 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, Marcus Cheatum, Dr. Sienko, Timothy Perrone, Lance Binoniemi, Andy Deloney, David Ghannam, Kenneth Kain, Michael Brown, Leroy Cardwell, Maurice Reizen, Patricia Hepp, George Rowan, Matt Phelan, Peter Kramer and Jan Criss
The meeting was called to order by Chairperson Hertel at 7:07 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the November 5, 2007 Minutes
MOVED BY COMM. SCHOR, SUPPORTED BY COMM. SOULE, TO APPROVE THE NOVEMBER 5, 2007 MINUTES AS AMENDED. MOTION CARRIED UNANIMOUSLY.
The Minutes were amended to reflect the following:
Page 4: First sentence – “Comm.. Bahar-Cook” was changed to “Comm. Bahar-Cook”
Page 7: Disclosure Statement – “State Wide” was changed to “Michigan”
Additions to the Agenda
1. Regulation Eliminating Smoking in Public and Private Worksites Amended to Control
Air Contamination by Tobacco Use in Restaurants and Bars
1. Email Correspondence
2g. Resolution to Amend the Regulation to Require a License for the Retail Sale of Tobacco, to Prohibit Sale of Tobacco to Minors, and to Restrict Location of Tobacco Vending Machines
5. Resolution to Authorize Ingham County to Donate Surplus Computer Equipment to Grace Tabernacle Church for Their After School Computer Lab Program
6. Resolution Honoring the Whitmer Family Endowment
Limited Public Comment: None
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. GREBNER, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWING ITEMS:
2. Health Department
a. Resolution to Authorize a Contract with Patriot Services to Assist with the Completion of the 2007-2008 Emergency Preparedness Grant Requirements
b. Resolution to Authorize a Grant Contract with the Susan G. Komen for the Cure, Inc.
c. Resolution to Authorize an Agreement with Eaton Intermediate School District to
Prevent and Reduce Tobacco Use in Ingham County
d. Resolution to Authorize an Amendment to the 0-3 Secondary Prevention Grant
with the Children’s Trust Fund
e. Resolution to Authorize an Agreement with the School Community Health
Alliance of Michigan
f. Resolution to Establish a Tobacco Addiction Specialist Position at the Ingham
County Health Department
3. Health Department/MSU Extension – Resolution to Authorize the Continuation of a
Memorandum of Agreement with and a Grant from the Corporation for National and
Community Services
6. Resolution Honoring the Whitmer Family Endowment
MOTION CARRIED UNANIMOUSLY.
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. GREBNER, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
1. Public Hearing – Regulation Eliminating Smoking in Public/Private Worksites Amended to Control Air Contamination by Tobacco Use in Restaurants and Bars
Dr. Sienko provided a brief summary of the purpose of this Public Hearing. The proposed amendment is intended to protect employees and the public from second hand smoke in non-smoking sections of bars and restaurants. Dr. Sienko then reviewed the violations and fines associated with the amendment. The proposed amendment will be effective 90 days after its passage. Dr. Sienko also reviewed Section 1016 Effective Date on page 8 of the Regulation. The proposed amendment will become effective 90 days after the Board of Commissioners approves the amendment Regulation.
Public Hearing
Dr. Reizen read from his November 19, 2007 letter to this Committee. A copy of the letter was distributed to the Committee. He thanked the Board of Commissioners and this Committee for taking action to protect the health of the County’s workers and residents from the real dangers posed by passive smoke exposure. This forward thinking demonstrates that this County is a most health conscious County in Michigan.
Mr. Dinoniemi, MLBA, stated he is present to express his opposition to the amendment. The proposed amendment will create financial hardships for the bars and restaurants. He stated some businesses will have an easier time implementing the changes. Mr. Dinoniemi stated the amendment will discourage businesses from locating to Ingham County.
Ms. Hepp, Board of Health, stated the Regulation started a process to have clean air in Ingham County. If the County includes the bars and restaurants, it will make great strides in this effort.
Mr. Deloney, Michigan Restaurant Association, spoke in opposition to the proposed amendment. He stated the amendment will make the County an island again. The proposal is unworkable in many areas. He asked how the Health Department will determine if a bar or restaurant is meeting the Regulation’s standards. Restaurants and bars typically update their establishments every five to eight years. The current financial economy does not lend to a business owner wanting to update his/her facility. Mr. Deloney stated this is a state law, not a local law.
Comm. Schor asked Mr. Deloney if his membership has increased or decreased since the Regulation was implemented. Mr. Deloney stated he would look into this matter.
Mr. Rowan, Chairperson of the Board of Health, distributed a “Smoke-Free Ingham – Breathe Healthy” pamphlet to the Committee. He stated this information is provided to bars and restaurants that are considering smoke free areas. Mr. Rowan further stated the scientific information is positive to control second hand smoke. The businesses are against the proposal. The County should consider its youth who are still exposed to second hand smoke while sitting in a non-smoking section of a restaurant.
Comm. Severino asked Mr. Rowan if non smoking means the absence of the activity of smoking or the absence of smoke. Mr. Rowan stated he believes that non smoking means the absence of smoke.
Mr. Ghannam, Iris Pub & Grill, stated he co-owns the Irish Pub & Grill with his sister. He has worked in the restaurant industry his entire life. The proposal will have a devastating effect on their business. He owns a pub, not an office. People come to his establishment to enjoy the atmosphere. Employees have the choice of whether or not to work in a smoking establishment. Mr. Ghannam stated he will go out of business if he does not meet the needs of his clients. He then explained his establishment has five smoke eaters.
Comm. Bahar-Cook asked if Mr. Ghannam would have purchased a facility in another County if the Regulation was in place at the time of purchase. Mr. Ghannam stated he would have purchased a building in another County. He then stated his business hired an outside vendor to clean the smoke eater filters every two weeks.
Comm. Schor asked if the restaurants will conduct renovations in the next 10 to 15 years. Mr. Ghannam stated he has already made plans to improve his business. It is not financially feasible to renovate his business at this time.
Board Chairperson Thomas asked Mr. Ghannam if he has noticed in a difference in the smoke in his business since installing the smoke eaters. Mr. Ghannam stated he can see a reduction in the smoke levels.
Mr. Phelen, American Cancer Society, spoke in favor of the amendment. He stated the Society has worked at the local level to protect workers from second hand smoke. There is no longer a debate about safe levels of second hand smoke. No level is safe. Ventilators and fans do not protect people from the smoke. Mr. Phelan stated smoke free should mean smoke free.
Mr. Kain, Alano Club East, Inc., stated he was present this evening to learn how the amendment would affect his business. He stated the Alano Club is a non-profit agency with a food license. Dr. Sienko stated the Alano Club would have ten years to comply with the Regulation.
Board Chairperson Thomas asked Mr. Kain about the Club’s smoke free room. Mr. Kain stated he would have to install a second entrance to this building to comply with the Regulation. Board Chairperson Thomas stated the Board of Commissioners will have to consider the financial impact the Regulation will have on the businesses.
Ms. Criss stated she is greatly affected by second hand smoke. She said the current Regulation is not enforced. Ms. Criss further stated she likes to go to bars and restaurants to watch sporting events. She calls the Health Department when she believes a facility is not complying with the Regulation.
Mr. Brown, Attorney, stated he represents a number of bars and restaurants. He spoke on behalf of the MLBA in opposition to the amendment. Mr. Brown read from State law regarding the smoking issue as it relates to bars and restaurants. He stated this is a State issue, not a County issue. Mr. Brown stated the Regulation is a ban on smoking.
Comm. Severino asked Mr. Brown if non smoking means the absence of the activity of smoking or the absence of smoke. Mr. Brown stated he believes non smoking means the absence of the activity of smoking. Regulations and laws have to be directed toward people, not the atmosphere.
Mr. Cardwell, owner of Leroy’s Classic Bar and Grill, stated he is a small independent business owner. He stated he has a number of questions about the amendment. Mr. Cardwell said all independent business owners are struggling right now. He also stated he believes this is a State issue, not a County issue.
Chairperson Hertel stated Dr. Sienko will contact Mr. Cardwell to discuss how the amendment will affect his business.
The Public Hearing was closed at this time.
2g. Health Department - Resolution to Amend the Regulation to Require a License for the Retail Sale of Tobacco, to Prohibit Sale of Tobacco to Minors, and to Restrict Location of Tobacco Vending Machines
MOVED BY COMM.SEVERINO, SUPPORTED BY COMM. BAHAR-COOK, TO APPROVE THE RESOLUTION TO AMEND THE REGULATION TO REQUIRE A LICENSE FOR THE RETAIL SALE OF TOBACCO, TO PROHIBIT SALE OF TOBACCO TO MINORS, AND TO RESTRICT LOCATION OF TOBACCO VENDING MACHINES. THE MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: ALL YEAS.
4. Mid-South Substance Abuse Commission – Letter Regarding Withdrawal of Calhoun County from Mid-South Substance Abuse Commission’s Ten County Region
Mr. Cypher stated this is an informational item. He also stated the County received a draft copy of Calhoun County’s agreement. The County Attorney has reviewed the agreement and does not believe there are any concerns regarding same. This Committee will take action on this matter in the near future.
5. Resolution to Authorize Ingham County to Donate Surplus Computer Equipment to Grace Tabernacle Church for Their After School Computer Lab Program
MOVED BY COMM. SEVERINO, SUPPORTED BY COMM. BAHAR COOK, TO APPROVE THE RESOLUTION TO AUTHORIZE INGHAM COUNTY TO DONATE SURPLUS COMPUTER EQUIPMENT TO GRACE TABERNACLE CHURCH FOR THEIR AFTER SCHOOL COMPUTER LAB PROGRAM.
Comm. Severino asked if Grace Tabernacle Church will make the same request next year. Chairperson Hertel stated this is a one time request. He then stated the County has a surplus of used computers and it costs the County to recycle them every year. The County could send out information regarding the surplus computers to other agencies if that is the desire of this Committee.
Comm. Schor asked how often computers are recycled. Mr. Cypher stated he believes it is done at various times during the year. Chairperson Hertel stated the MIS Director advised him that his Department currently has 30 computers to recycle.
Comm. Bahar-Cook stated the County may want to consider selling the used computers for $50 a piece in the future. Comm. Grebner explained that giving someone a free computer can be a very expensive business. Board Chairperson Thomas stated the County should determine if it should provide set up services. Chairperson Hertel stated the MIS Department provides a one-time set up service.
Comm. Schor stated he will support this one time request; however, the County should determine if other agencies would like to have the used computers. Comm. Grebner stated the County Services Committee should ask the MIS Department to develop a computer donation policy.
Comm. Soule stated the used computers will be of great assistance to the Grace Tabernacle Church.
MOTION CARRIED UNANIMOUSLY.
Announcements: None
Public Comment: None
The meeting adjourned at 8:11 p.m.
Respectfully submitted,
Debra Neff