REPORT OF THE COMMITTEE ON HEALTH & HOSPITALS

December 11, 2007

The Honorable,

The Board of Commissioners of Cook County

ATTENDANCE

Present:

Chairman Butler, Vice Chairman Goslin, Commissioners Daley, Gorman, Peraica, Quigley, Schneider, Silvestri, Sims and Steele (10)

Absent:

Commissioners Beavers, Claypool, Collins, Maldonado, Moreno, Murphy and Suffredin (7)

Also Present:

Stephen A. Martin, Jr., Ph.D., M.P.H., - Chief Operating Officer, Department of Public Health; Patrick T. Driscoll, Jr. – Deputy State’s Attorney, Chief, Civil Actions Bureau.

Ladies and Gentlemen:

Your Committee on Health & Hospitals of the Board of Commissioners of Cook County met pursuant to notice on Tuesday, December 11, 2007 at the hour of 2:00 P.M. in the Board Room, Room 569, County Building, 118 North Clark Street, Chicago, Illinois.

Your Committee has considered the following items and upon adoption of this report, the recommendations are as follows:

290822

AMENDMENT TO THE COOK COUNTY BOARD OF HEALTH ORDINANCE SWIMMING FACILITY INSPECTION AND FEE ORDINANCE (PROPOSED ORDINANCE AMENDMENT). Submitting a Proposed Ordinance Amendment sponsored by Todd H. Stroger, President and Jerry Butler, County Commissioner; Co-sponsored by Elizabeth “Liz” Doody Gorman and Joan Patricia Murphy, County Commissioners. The following is a synopsis of the Proposed Ordinance Amendment. PROPOSED ORDINANCE AMENDMENT AMENDMENT TO THE COOK COUNTY BOARD OF HEALTH ORDINANCE SWIMMING FACILITY INSPECTION AND FEE ORDINANCE WHEREAS, the Cook County Department of Public Health (“Department”), through its Environmental Health Unit, serves as an agent of the Illinois Department of Public Health with respect to the performance of swimming facility inspections, with the exception of bathing beaches, in accordance with the Illinois Swimming Facility Act, 210 ILCS 125/1 et seq.; and WHEREAS, many, but not all, Swimming Facilities inspected by the Department are managed by individuals possessing certification of training from the State of Illinois and other qualified organizations in swimming facility management; and WHEREAS, studies by the CDC and observations of Department support that swimming facilities operated by certified swimming facility managers are more likely to comply with health and safety requirements; and WHEREAS, while state law does not presently require that Swimming Facilities be managed by certified Swimming Facility managers, the County, as a home rule unit of local government, may require that all Swimming Facilities in Cook County be managed by an individual who is a certified Swimming Facility Manager except where a municipal ordinance contains a conflicting requirement; and WHEREAS, the agency agreement with the Illinois Department of Public Health does not provide for payment to the County for the swimming facility inspections provided by the Cook County Department of Public Health; and WHEREAS, the County desires to implement fees to help defray the costs associated with the Department’s swimming facility inspection and other programs and to include these and other fees, including any periodic adjustments thereto, in Chapter 32 Fees, of the Cook County Code. NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 38 Health and Human Services, Sections 38-41 and 38-42 of the Cook County Code is hereby enacted as follows: Sec. 38-41. Swimming Facilities. Sec. 38-42. Fees. *Referred to the Committee on Health & Hospitals on 12-04-07.

Chairman Butler asked Stephen A. Martin, Jr., Ph.D., M.P.H., Chief Operating Officer, Department of Public Health, to address the Commissioners.

Dr. Martin stated that the Proposed Amendments to Chapter 32 add to the various fees currently being charged by the Cook County Department of Public Health. The fees that are listed in the Proposed Ordinance includes fees to be charged for various inspections, services, licenses and permits handled by the Cook County Department of Public Health including licensing of retail food establishments in unincorporated Cook County and reviews of plans for residential swimming facilities in unincorporated Cook County.

Commissioner Gorman inquired as to how many pools in total Cook County oversees.

Dr. Martin responded approximately 1,500 pools.

Commissioner Gorman, seconded by Commissioner Steele, moved the approval of Communication No. 290822. The motion carried.

Commissioner Peraica voted No on Communication No. 290822.

290823

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 32 Fees of the Cook County Code is hereby amended as follows: Sec. 32-1. Fee schedule. Code Section Description Fees, Rates, Charges (in dollars) CHAPTER 38, HEALTH AND HUMAN SERVICES Food Establishment, Unincorporated Cook County Annual License Fee (Includes Inspection Costs) Where seating is provided: 1 - 25 seats 150.00 26-100 seats 300.00 101-200 seats 450.00 over 200 seats 600.00 Where seating is not provided (gross area): Up to 300 SF 75.00 301 SF to 600 SF 125.00 601 SF to 1000 SF 200.00 1001 SF to 1500 SF 225.00 1501 SF to 3000 SF 300.00 3001 SF to 6000 SF 375.00 6001 SF to 10,000 SF 450.00 10,001 SF to 20,000 SF 525.00 over 20,000 SF 600.00 Mobile Food Unit 125.00 Temporary Retail Food Establishment (Daily Fee) 25.00 Tavern (Beverages Only) 150.00 Packaged Liquor Store 125.00 Day Care Center Food License 75.00 Day Care Center Food Plan Review 300.00 Food Establishment Plan Review 300.00 Unincorporated Cook County Residential Swimming Facilities: In Ground Swimming Pool Plan Review 150.00 Above Ground Swimming Pool Plan Review 75.00 Residential Spa Plan Review 75.00 Swimming Facilities (Excluding Bathing Beaches): Agency Inspection, Swimming Facility 150.00 Agency Inspection, Each Additional Facility, Same Address 75.00 Agency Re-Inspection, Swimming Facility 50.00 Private Sewage and Disposal System (PSDS) Design Plan Review, Less Than 1500 Gal/Day (GPD) 225.00 Design Plan Review, Greater Than 1500 GPD 300.00 Design Plan Review, Addition/Modification, Septic System150.00 Septic System Repair Plan Review 150.00 Alternative System Design Plan Review 375.00 Witnessed Percolation Test 150.00 Septage Hauler, Annual Truck Permit 150.00 Well and Water Quality Evaluation 150.00 Private Sewage Disposal System Evaluation 200.00 Private Sewage Disposal System, Well, and Water Quality Evaluation 225.00 Tobacco Product Retailer License Fee (Section 54-304(f) 200.00 License for each additional (beyond the first) tobacco product vending machine at the same location 35.00 Effective Date: This Ordinance will take effect on January July April 1, 2008. *Referred to the Committee on Health & Hospitals on 12/04/07.

Commissioner Gorman, seconded by Commissioner Steele, moved the approval of Communication No. 290823.

Vice Chairman Goslin inquired as to whether the fees that are currently being charged by Cook County are consistent with fees charged by other public entities for similar work.

Dr. Martin stated that Cook County’s fees are recommendations to the Board, they are not at the County’s cost; and they are lower than those of DuPage County and Lake County. In addition, Dr. Martin stated that Cook County has not raised the fees in sixteen years.

Vice Chairman Goslin asked if the fees would cover the County’s cost.

Dr. Martin responded that the fees would defray the County’s cost.

Vice Chairman Goslin asked who decides to wait sixteen years before increasing the fees.

Dr. Martin stated that it would fall within the Cook County Department of Public Health.

Commissioner Daley inquired as to what is the total amount of revenue that Cook County should collect from fees.

Dr. Martin stated that the County subsidizes the environmental program with approximately $456,000.00. The revenues that are currently brought in by the Department of Public Health are approximately $170,000.00 without counting the new fee of the swimming pools.

Commissioner Schneider inquired as to how many restaurants the Department of Public Health inspects.

Dr. Martin stated approximately 200 in unincorporated Cook County, and in the Annual Intergovernmental Agreement Program approximately 1,400 restaurants, for a total of 2,900.

Chairman Butler stated that Dr. Martin would like to make a motion to amend the effective month on the Ordinance as to when the program will begin.

Commissioner Daley, seconded by Commissioner Steele, moved to change the Ordinance effective month from July to April. The motion carried.

Commissioner Daley, seconded by Commissioner Sims, moved the approval of Communication No. 290823 as amended. The motion carried.

Commissioner Schneider voted Present on the fees in Communication No. 290823 as amended.

Commissioner Peraica voted No on Communication No. 290823 as amended.

Chairman Butler asked the Secretary to the Board to call upon the registered public speaker.

1) George Blakemore – Concerned Citizen

Vice Chairman Goslin asked Dr. Martin to restate for the record the last time the fees have been adjusted.

Dr. Martin responded sixteen years.

Dr. Martin submitted copies of the executive summary referencing the two Proposed Ordinances and copies of representative fee range comparison. (See attachments #1 and #2)

Commissioner Daley moved to adjourn the meeting, seconded by Commissioner Steele. The motion carried and the meeting was adjourned.

YOUR COMMITTEE RECOMMENDS THE FOLLOWING ACTION

WITH REGARD TO THE MATTER NAMED HEREIN:

Communication Number 290822 Approve

Communication Number 290823 Approved As Amended

Respectfully submitted,

Committee on Health & Hospitals

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Jerry Butler, Chairman

Attest:

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Matthew B. DeLeon, Secretary