Madison County -- Nancy Crewe E-Mails (E-Cigarette FOIA Request Results)

8/4/2019 Madison County -- Nancy Crewe E-Mails (E-Cigarette FOIA Request Results)

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rom: Hawkins, Ruth R (LHD-Madison Co)ent: Thursday, April 07, 2011 3:34 PMo: Crewe, Nancy M (LHD-Madison Co)ubject: Dr. Johnston’s PowerPoint Presentation

Attachments: E-CIGARETTES J JohnstoneFINAL.pptx

Hi Nancy,

lease find attached Dr. Johnston’s presentation on ENDS that was presented @ the MCHD BOH meeting last night.lide # 9 includes 3 reliable sources related to the unproven status of ENDS being reliable smoking cessation devices.o date, manufacturers and retailers often market them as cessation devices.

Ruth R. Hawkins, MSN, RN, MCHES

Health Education Director

Madison County Health Department

001 Ace Dr.

erea, KY 40403

59-228-2041 (office)

59-986-1027 (Fax)

www.madisoncountyhealthdept.org

cid:24A109C98ED743CBA4762FF71C88CBBD@RuthDavisPC <https://cid-3f3e6899c99da27.skydrive.live.com/redir.aspx?age=play&resid=13F3E6899C99DA27!108&parid=13F3E6899C99DA27!107&type=1&Bsrc=Photomail&Bpub=SD

X.Photos&authkey=rxz4sm1rOnw$>

rom: Laura Latham [[email protected]]ent: Tuesday, April 05, 2011 9:37 AMo: Crewe, Nancy M (LHD-Madison Co)ubject: letter

Attachments: heath board letter.doc

Dear Nancy,




Please be advised of our intentions. Thanks.

Hal Latham

rom: Green, Christie L (LHD-Madison Co)ent: Monday, March 07, 2011 9:24 AMo: Crewe, Nancy M (LHD-Madison Co)ubject: FW: Ban on E-Cigarettes (website comment)

Hello Nancy,

he comments below were sent via the contact us link on the public web site. I just wanted to make sure you knewbout it. I’m not planning on replying to the message unless you think I should.

g

rom: Green, Christie L (LHD-Madison Co)ent: Monday, March 07, 2011 9:06 AMo: Hensley, Martin (LHD-Madison Co )c: Farris, Leslie D (LHD-Madison Co)ubject: RE: Ban on E-Cigarettes

didn’t have a copy of this one in my inbox this morning. Hmm…

will forward to Nancy. There’s no need to reply to Mr. Meatball.

hanks,

g

rom: Spicy Meatball [mailto:ent: Sunday, March 06, 2011 4:55 AMo: [email protected]: Ban on E-Cigarettes

l make this short. Jack Taylor, are you THAT bored in your job? Is your work load that light for you to waste yourme and the time of others? You want to ban something that releases water vapor and tries to help people stopmoking? Do you realize how utterly STUPID that is? How did you get your job without having common sense?

Youre not doing any good for the community. Youre embarrassing your Dept. and yourself. Its in the news andveryone thinks youre acting like a fool. Get to work on things that matter. If you cant find things that matter thenoure wasting the taxpayers money and you should resign.

aul




ates, so I wanted to share this with you regarding the Madison BOH meeting being changed to January fromebruary. Kenton changed their pre-Thanksgiving meeting from Tuesday to Monday and notified the public via the

nternet and newspaper. They did not, however, post a notice “conspicuously in the building” and so was not able toave their first reading that night!

he rules (attached) say

As soon as possible, written notice shall also be posted in a conspicuous place in the building where the specialmeeting will take place and in a conspicuous place in the building which houses the headquarters of the agency. The

otice shall be calculated so that it shall be posted at least twenty-four (24) hours before the special meeting.

ohn Johnson was able to find that these rules also apply to BOHs; see below:

1.805 Definitions for KRS 61.805 to 61.850.

As used in KRS 61.805 to 61.850, unless the context otherwise requires:

1) "Meeting" means all gatherings of every kind, including video teleconferences, regardless of where the meeting iseld, and whether regular or special and informational or casual gatherings held in anticipation of or in conjunction

with a regular or special meeting;

2) "Public agency" means:

a) Every state or local government board, commission, and authority;

b) Every state or local legislative board, commission, and committee;

c) Every county and city governing body, council, school district board, special district board, and municipalorporation;

d) Every state or local government agency, including the policy-making board of an institution of education, createdy or pursuant to state or local statute, executive order, ordinance, resolution, or other legislative act;

e) Any body created by or pursuant to state or local statute, executive order, ordinance, resolution, or other legislativect in the legislative or executive branch of government;

hope this is helpful. In Kenton, advocates posted a sign for the next meeting and took a picture of it with the datetamp to save as proof, because they faced organized opposition as does Madison.

Kelly S. Owens, MPH, CHES




obacco Prevention and Cessation Specialist/Health Educator II


001 Ace Drive

erea, KY 40403

859) 228-2043

Web Address: www.madison-co-ky-health.org

Need Help Quitting? http://www.becomeanex.org/

y_quitline_logo_2010

Please consider the environment before printing this e-mail

rom: Green, Christie L (LHD-Madison Co)ent: Wednesday, January 12, 2011 2:55 PMo: Crewe, Nancy M (LHD-Madison Co)ubject: FW: HB193

Attachments: 2011 GENERAL ASSEMBLY - REVIEWER BILL ASSIGNMENT 216.DOCX; 2011 GENERALASSEMBLY - REVIEWER BILL ASSIGNMENT 193.DOCX

Hello Nancy,

Here’s the bill reviews that Irene had mentioned from yesterday. It includes HB 216, Stumbo’s bill about smoking inars with children as passengers. Otherwise, I don’t think that it adds very much to what you and I had alreadyiscussed.

hanks,

g




rom: Centers, Irene (CHFS HPB-Health Promotions)ent: Wednesday, January 12, 2011 1:53 PMo: Green, Christie L (LHD-Madison Co)ubject: HB193

hristie –

orry for the delay! Here’s the info I promised. I’m also sending another bill of interest.

rene Centersobacco Prevention and Cessation

Department for Public Health

75 E Main Street, HS1E-Erankfort, KY 40621

02-564-9358 ext 3808

obacco is the only legal product that when used as directed will kill one-third of users (CDC 1994)

his e-mail, including any attachments, is intended only for the use of the individual or entity to which it isddressed and may contain confidential information that is legally privileged and exempt from disclosure underpplicable law. If the reader of this message is not the intended recipient, you are notified that any review, use,isclosure, distribution, or copying of this communication is strictly prohibited. if you have received thisommunication in error, please contact the sender by reply e-mail and destroy all copies of the orginal message

rom: Owens, Kelly S (LHD - Madison Co)ent: Tuesday, January 11, 2011 2:35 PMo: Kellerman, Kimberly J (LHD-Madison Co); Crewe, Nancy M (LHD-Madison Co); Hawkins, Ruth (KYTC);

Dixon, Marvin (LHD-Madison Co); Green, Christie L (LHD-Madison Co)ubject: Coversheet and info for BOH Packets

mportance: High

ttp://www.kingcounty.gov/council/news/2010/December/JP_Ecig.aspx

Kim- please place these in the order they are listed on the “Resources Regarding E-cigarettes” document.

hanks,





obacco Prevention and Cessation Specialist/Health Educator IIMadison County Health Department

001 Ace Driveerea, KY 40403

859) 228-2043Web Address: www.madison-co-ky-health.org



rom: tobacco_prevention [[email protected]]ent: Tuesday, January 04, 2011 9:14 AM

o: tobacco_preventionubject: Smoke Versus Vapor

Our BOH has decided to strengthen our Indoor Air Regulation. The regulation will now include hookahs and E-IGARETTES and strikes the current exemption for Retail Tobacco Stores. I thought that we would have a backlashn withdrawing the Tobacco Store Exemption, however, a local business and some of its patrons have argued against-cigarettes. Please see the attached news story/video.

ttp://wtvq.com/news/6378-smoke-versus-vapor

Never a dull moment.

Kelly S. Owens, MPH, CHESobacco Prevention and Cessation Specialist/Health Educator II

Madison County Health Department001 Ace Driveerea, KY 40403




rom: Green, Christie L (LHD-Madison Co)ent: Friday, December 10, 2010 12:35 PMo: Owens, Kelly S (LHD - Madison Co); Hawkins, Ruth R (LHD-Madison Co); Crewe, Nancy M (LHD-

Madison Co)




c: Hensley, Martin (LHD-Madison Co )ubject: public comment, clean indoor air reg

Attachments: Press Release - Clean Indoor Air Regulation public comment.docx

ategories: Red Category

Hello,

Here is the language that went to the papers.

failed to get this notice out in time to allow the 30 day comment period with a deadline of 7 January. Kelly & Ialked it over, and agreed to run it in the Register as a legal ad on Sunday, which changes the deadline date touesday, 11 January.

have also sent it as a PSA to the Berea Citizen and am hopeful that they will run it with no charge on Thursday, 16December.

Marty, when I try to open the webpage for editing, I’m encountering an error with the contribute software. Can you

lease change the deadline to 11 January?

hank you,

g

hristie L. GreenDevelopment and Communications

ublic Information OfficerMadison County Health Dept.

14 Boggs LaneRichmond, KY 40476-1208

59-623-7312 cell 859-661-0853www.madison-co-ky-health.org <http://www.madison-co-ky-health.org>

..what it really takes to change the world isn't so much wealth or power as creativity, determination and passion."Nicholas Kristof

Please consider the environment before printing this e-mail.

NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of thendividual or entity to which it is addressed and may contain confidential information that is legally privileged andxempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you areotified that any review, use, disclosure, distribution or copying of this communication is strictly prohibited. If youave received this communication in error, please contact the sender by reply e-mail and destroy all copies of theriginal message.




rom: Owens, Kelly S (LHD - Madison Co)ent: Monday, December 06, 2010 1:35 PMo: Crewe, Nancy M (LHD-Madison Co)ubject: FW: Revisions to MCHR 700.00: Info for public website & paper

mportance: High

Nancy:his is what we have for the website. How does is look? We would like your blessing before we post. :-)(see below)

Kelly S. Owens, MPH, CHESobacco Prevention and Cessation Specialist/Health Educator II

Madison County Health Department001 Ace Driveerea, KY 40403




____________________________________________rom: Hensley, Martin (LHD-Madison Co )ent: Monday, December 06, 2010 1:16 PMo: Owens, Kelly S (LHD - Madison Co)c: Hawkins, Ruth R (LHD-Madison Co); Green, Christie L (LHD-Madison Co)ubject: RE: Revisions to MCHR 700.00: Info for public website & paper

Here is what I have so far. It is “live” on the internet, but I haven’t put any links from the home page or headlinecroll yet. Let me know if anything changes or when it is approved to go public.

ttp://www.madison-co-ky-health.org/ciao.html

Marty

rom: Hawkins, Ruth R (LHD-Madison Co)ent: Wednesday, December 01, 2010 1:04 PMo: Crewe, Nancy M (LHD-Madison Co)c: Owens, Kelly S (LHD - Madison Co)ubject: FW: Legal Consultant's memo for BOH meeting

Attachments: Madison county Judy Equal Protection Taking 113010.pdf

Nancy,




hought you may wish to look this over before the BOH meeting.

hanks,

Ruth

rom: Riker, Carol A [mailto:[email protected]]ent: Wednesday, December 01, 2010 8:17 AMo: Owens, Kelly S (LHD - Madison Co); Hawkins, Ruth R (LHD-Madison Co)c: Hahn, Ellen J; Johnson, John D; Mundy, Monica Eubject: Legal Consultant's memo for BOH meeting

Dear Kelly and Ruth,

n addition to seeking the Tobacco Control Legal Consortium’s review of the proposed amendments to Madisonounty’s Clean Indoor Air Regulation, we sought further insight from our legal consultant, Judy Owens. I’m attachingmemo received from Ms. Owens.

Ms. Owens specifically addresses the possible bases for lawsuits discussed in the TCLC memo, giving additionalnformation on Equal Protection and Due Process/Regulatory Taking.

Regarding Equal Protection, she notes that

“Governmental entities will almost always win Equal Protection challenges to smoking ordinances, because theovernmental entity must only show that the law is reasonably related to a legitimate government interest. This isnown as the “rational-basis test” and only requires that there is a “reasonably conceivable state of facts that couldrovide a rational basis for the classification." United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, (1980).he reasoning for this position is that the judiciary will set aside local, state or federal laws only when the law is basedn race, national origin or infringes on a fundamental right.”

Regarding Due Process/Takings, Ms. Owens notes that:

The Fifth Amendment to the U.S. Constitution holds that private property cannot be taken for public use without justompensation. This phrase has been interpreted to mean two things:




That the government may take private property, with compensation, to promote a public purpose. Examples areaking homes to build a new roadway.

. Those governmental entities have the right to regulate property pursuant to their police power, which provide forhe common welfare, especially in areas such as health and safety. In Agins v. City of Tiburon, the principle was statedhis way: the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of he common good, that is, to leave his property economically idle, he has suffered a taking.” 447 U.S. 255 (1980). Inmoking regulation cases, banning smoking has not been found to constitute a regulatory taking.”

n a separate email dated 11/29/10 Ms. Owens noted that, “merely filing affidavits saying the a business fears losses,r that people say they will not solicit the business if the ordinance is enacted, are not sufficient to constitute aegulatory taking. Hodel v. Va. Surface Mining & Reclamation Ass'n, 452 U.S. 264, 295 (1981).”

hope that the Madison County Board of Health finds this information helpful. Please let us know if we can be of dditional help.

arol Riker

arol Riker, RN, MSN

Associate Professor

rovost's Distinguished Service Professor

ommunity Advisor, Rural Smoke-free Communities

55 College of Nursing

University of Kentucky

51 Rose Street

exington, KY 40536-0232

hone: 859-323-6615

ax: 859-323-1057

ell: 859-619-3776

www.mc.uky.edu/tobaccopolicy

www.kcsp.uky.edu

ind kysmokefree on Twitter <http://www.twitter.com/kysmokefree> and Facebook http://www.facebook.com/#!/pages/kysmokefree/121589417877279?ref=ts>




moke-free Communities:Good for People, Good for Business

ON 50 yrs logo

arol Riker, RN, MSN

Associate Professor

rovost's Distinguished Service Professor

ommunity Advisor, Rural Smoke-free Communities

55 College of Nursing

University of Kentucky

51 Rose Street

exington, KY 40536-0232

hone: 859-323-6615

ax: 859-323-1057

ell: 859-619-3776

www.mc.uky.edu/tobaccopolicy

www.kcsp.uky.edu

ind kysmokefree on Twitter <http://www.twitter.com/kysmokefree> and Facebook http://www.facebook.com/#!/pages/kysmokefree/121589417877279?ref=ts>




moke-free Communities:Good for People, Good for Business

ON 50 yrs logo

rom: Owens, Kelly S (LHD - Madison Co)ent: Tuesday, November 23, 2010 1:13 PM

o: Crewe, Nancy M (LHD-Madison Co)c: Hawkins, Ruth R (LHD-Madison Co)ubject: FW: Your question

mportance: High

Nancy:

er your request, I contacted DPH regarding BOH receiving public comment via letter and email only. Their response below.

On another note, thank you for the information from EKU. It looks as if the HEAT team directly used some of thenformation I provided them from their training this summer!! This is encouraging (they were listening J). Hookahas been an emerging trend in recent years amongst this population.

left you a message to discuss the forum from last week. I will be in the office for the remainder of the work day. Im anxious to hear the rest of the details. I will be out tomorrow (11/24).

f there is anything else you need, please let me know.


obacco Prevention and Cessation Specialist/Health Educator II





001 Ace Drive

erea, KY 40403

859) 228-2043

Web Address: www.madison-co-ky-health.org


y_quitline_logo_2010


rom: Beauchamp, Jan (CHFS HPB-Health Promotions)ent: Tuesday, November 23, 2010 1:06 PMo: Owens, Kelly S (LHD - Madison Co)ubject: Your question

just spoke with Charlie Kendell in Dr. Hacker’s office. He said it is perfectly alright for the public to makeomments about your Board of Health reg change through comments mailed in. Let me know if you need anythinglse – he’s in the office today.

an Beauchamp

Quitline Coordinator

obacco Prevention and Cessation Program

Department for Public Health

75 E. Main Street, Mail Stop HS1EE

rankfort, KY 40621

502) 564-9358, ext. 3817




Adobe Systems

his e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressednd may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If he reader of this message is not the intended recipient, you are notified that any review, use, disclosure, distribution oropying of this communication is strictly prohibited. If you have received this communication in error, please contacthe sender by reply e-mail and destroy all copies of the original message.

rom: Marc Robbins [[email protected]]ent: Monday, November 01, 2010 10:22 AMo: Crewe, Nancy M (LHD-Madison Co)ubject: RE: Copy of current clean indoor air regulation and suggested amendments--Madison County Health

Department

Hi Nancy. I have reviewed the Board’s proposed changes to the clean air ordinance. I have no objections to the

mendments.

_______________________________

rom: Crewe, Nancy M (LHD-Madison Co) [mailto:[email protected]]ent: Tuesday, October 12, 2010 11:43 AMo: [email protected]: Owens, Kelly S (LHD - Madison Co); Dixon, Marvin (LHD-Madison Co); Turner, Barbara S (LHD-Madison Co)ubject: Copy of current clean indoor air regulation and suggested amendments--Madison County Health Department

Marc, good morning. Thanks for speaking with me today regarding proposed amendments to the health department’slean air regulation and for willingness to review same. The PDF file embedded below is a copy of the currentegulation; the Word document is the amendment language that the Board of Health considered at its October meetingast week, pending your review and approval.

<Board 700amend2010CHANGE.docx>> <<MCHR700secondreading.pdf>>

Our next Board meeting will be on December 1st. If you could look this over and send me your opinion in time tomeet the publication deadlines for the second reading, that would be a great help. If you have questions, too, don’t

esitate to contact me.

Again, your help is appreciated.

Nancy

Nancy M. Creweublic Health Director




14-216 Boggs LaneO. Box 1208

Richmond, KY 40476-120859-626-4241/cell 859-200-4657mail [email protected] http://www.madison-co-ky-health.org/

lease consider the environment before printing this email.

NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of thendividual or entity to which it is addressed and may contain confidential information that is legally privileged andxempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you areotified that any review, use, disclosure, distribution, or copying of this communication is strictly prohibited. If youave received this communication in error, please contact the sender by reply e-mail and destroy all copies of theriginal message.

Madison County -- Nancy Crewe E-Mails (E-Cigarette FOIA Request Results)

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