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HomeMy WebLinkAbout10-12-98 Health & Public Safety and Personnel & Finance Committtir Z port: Joint Meeting of the Health and Public Safety and Personnel and Finance Committees 'CO Os Common t0 tnta' of tb* City of 6outh ler1 : The October 12, 1998 joint committee meeting of the Health and Public Safety Committee and the Personnel and Finance Committee was called to order by Councilmember Charlotte Pfeifer, Chairperson of the Health and Public Safety Committee and by Councilmember John Broden, Chairperson of the Personnel and Finance Committee at 4:15 p.m. in the Council Informal Meeting Room. Persons in attendance included Councilmembers: Aranowski, Varner, Broden, Coleman, Kelly, and Pfeifer; Ann-Carol Nash, Terry Bland, Robert Hunt, Eugenia Schwartz, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Bill No. 58-98 which would establish regulations addressing tattoo, body piercing, scarifying and branding establishments and personnel. Dr.Varner,the sponsor of the Bill made the presentation. He noted that approximately one and one-half years ago state law changed by eliminating the requirement that you must be a licensed medical doctor to provide tattoos. Health considerations are the primary concerns underlying the need for the legislation. He noted that a puncture although small would create some sort of body fluid as a bi-product of the process of body piercing, scarifying, branding or tattooing. A risk to the artist, his or her staff and the client are present especially with regard to blood borne pathogens. Dr. Varner stated that such services should be provided as professionally as possible and therefore the health standards of sanitation should be maintained with regard to equipment, rooms, cleanliness, etc. Dr. Varner also stressed that in his own practice he has seen the need to protect children under the age of 18 from health risks which they may not be aware of or appreciate. There is a public safety need for a professional environment which has sanitary conditions. He noted that he has worked with the Council Attorney and the City Attorney's office and has had a number of meetings with Dr. Plain and the joint committee members. He believes that the proposed Bill is the composite of the best legislation available. He noted that it is not a big problem currently however all you need is one HIV case and there will be a big problem if the City does nothing. He stated that the proposed regulations are fair and establish a necessary process for those individuals who wish to do business within the City limits. The Council Attorney noted that all Councilmembers should have received in their Council mail boxes two (2) documents namely a 4-page Memorandum dated October 12, 1998 setting forth proposed amendments to Bill No. 58-98, as well as a 7-page Memorandum dated October 12, 1998 entitled Bill Regulating Tattoo, Body Piercing, Scarifying and Branding Establishments and Personnel (copies attached). She noted that the August 7, 1998 letter from Dr. George Plain in support of the proposed ordinance was one of several documents attached to the latter memorandum. The Council Attorney noted that the October 12, 1998 Memorandum supplements the April 9, 1998 Memorandum (copy attached) which notes among other things that the City Council has the legal authority to legislate in this area. She highlighted areas within her memorandum which cited health and public safety considerations as a reasonable use of its Joint Meeting of the Health and Public Safety and Personnel and Finance Committees October 12, 1998 Page 2 "police powers". She noted the numerous other states and cities where legislation was reviewed; highlighted the three (3) professional organizations cited in the proposed legislation, namely: the Association of Professional Piercers (APP), the Alliance of Professional Tattooists (APT), and the Society of Permanent Cosmetic Professionals (SPCP). The Council Attorney further noted that all FDA, OSHA, ISDH regulations were reviewed and incorporated. She briefly summarized the two (2)MayoClinic articles which noted that the City of New York has banned tattoos since the mid-1960's in light of a hepatitis B outbreak. She compared the South Bend proposed legislation to Mishawaka's passed in the Spring of 1998, and noted that the South Bend legislation addresses several area's which our Sister City's does not, namely: Pre-Service and After Care Instructions, educational and training requirements,continuing education and training requirements, etc. Section II of the ordinance would call for an interlocal agreement between the City of South Bend and St. Joseph County to share fees in light of the fact that the County Health Department would do all health and safety inspections called for under the ordinance and would review training and educational requirements. She noted that she met last week with Ann-Carol Nash, Cathy Roemer, Asst. Chief Prawat, Michelle Engel, and Kathy Dempsey who expressed their concerns about the health and safety enforcement provisions. In light of those concerns,the proposed amendments involving the St. Joseph County Health Department are being proposed by Dr.Varner. The public was then invited to speak on the proposed bill. Ann-Carol Nash, Assistant City Attorney stated that she did have the opportunity to review the proposed amendments and the Memorandum from the Council Attorney. She stated that she believes regulations should be county-wide. Although she is not against the concepts incorporated into the proposed Bill, she believed that the City should continued the Bill and let the County get a running start by using our research. She further noted that since the meeting last Thursday with the Council Attorney and the various City Officials, that she has had telephone contact with Dr. Plain; David Keckley, attorney to the Health Board; David Ready, attorney to the County Council, and County Councilmember Rafael Morton who expressed interest in this area. She concluded that "all the good work that has gone into this measure" should not be lost but passed on to the County. Dr. Varner stated that if the C ounty Council was willing to go forward now that he would be willing to withdrawn Bill No. 58-98 from further consideration, however he believes that the County Council's plate is full in light of the three(3) water and septic bills currently pending before it as well as other measures. He voiced concern that if the City would take not action that the County may indefinitely sit on the measure and the public health and safety concerns would continue. Dr. Varner stated that he would like to move forward on the Bill this evening with the proposed amendments. He concluded by stating that in light of the fact that Mishawaka has their own version of a bill on the books and that several tattoo and body piercing saloons have opened within the City of South Bend, that he did not want the City of South Bend to become the"location of choice" since we do not have any regulations in effect. The message should be that tattoo and body piercing artist must operate under supervision and under a set of rules so that they are as professional as possible in a safe and sanitary manner. He further stated that if there are flaws that they ca be addressed by further legislation. It is important to get the message out and educate the public and the artists who wish to practice in South Bend. Joint Meeting of the Health and Public Safety and Personnel and Finance Committees October 12, 1998 Page 3 Councilmember Roland Kelly stated that the cooperation of the City and County would be in everyone's best interests. Bill No. 58-98 has been in the works for a long period of time, has been well-researched and has had alot of input from the County and the City. He recommended that the City move ahead this evening, and that if amendments are needed down the road that they be proposed then. Councilmember James Aranowski stated that he agreed with Councilmember Kelly's position. He noted that he has had a few such operations open in his District. He encouraged the County to "jump in" to this area to protect the health and safety of the residents living in the County. On Friday night he said that several residents noted their concern regarding their children and voiced favorably support of tattoo and body piercing legislation. Councilmember Aranowski stated that the City of South Bend should continued to be pro-active in the area affecting public health and safety, so that the city does not become an easy target. Councilmember John Broden stated that he is in favor of the proposed ordinance as amended and believe it merits consideration. He noted that he would be in favor of a continuance since the effective date is January 1, 1999, however if that would fail, he would be supporting the measure this evening. Council President Sean Coleman stated that he would take the responsibility to explore with the County Council if they would be willing to participate in a county-wide ordinance on this topic. He asked Dr. Varner to join with him in fostering cooperation on the Bill. Following further discussion, Councilmember Kelly made a motion, seconded by Councilmember Pfeifer that Bill No. 58-98, as amended,be recommended by the Health and Public Safety Committee favorably to Council. The motion passed with Councilmember Broden abstaining. Councilmember Aranowski made a motion, seconded by Councilmember Varner that Bill No. 58-98, as amended, be recommended by the Personnel and Finance Committee favorably to Council. The motion passed with Councilmember Broden abstaining. Under miscellaneous business, Councilmember Pfeifer noted that there is an exhibit at the Northern Historical Museum on Washington Street focusing on "National Safety Week". There are among other things a 1946 fire truck and many other fire apparatus for the public to see. She encourage individuals to see the exhibit. There being no further business to come before the Committee,the meeting was adjourned at 4:53 p.m. Respectfully submitted, Councilmember Charlotte Pfeifer, Chairperson Health and Public Safety Committee Councilmember John Broden, Chairperson Personnel and Finance Committee Attachments