MINUTES PUBLIC SAFETY COMMISSION MEETING NOVEMBER 1, 2018

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Raymond Sanders
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1 MEETING The meeting was called to order at 6:00 p.m. Present: Absent: Anderson, Brueckner, LeBlanc, Linn, Pozzini-Stedman; Timmers; Staff Liaison: Short; Town Board Liaison: Prudhon; Attorney: Lemmons. Griffin. APPROVAL OF AGENDA (Additions/Deletions): agenda as submitted. Brueckner seconded. Ayes all. LeBlanc moved approval of the APPROVAL OF OCTOBER 4, 2018 : Brueckner moved approval of the Minutes of October 4, Pozzini-Stedman seconded. Ayes all. CONSENT AGENDA: LeBlanc moved approval of the Consent Agenda as follows: 4A) Receive Animal Control Reports; 4B) Receive Ramsey County Sheriff s Reports; 4C) Receive Sheriff s Contract Group Minutes; 4D) Receive White Bear Lake Fire Department Report. Linn seconded. Ayes all. COMMISSIONER S REPORT: PSC Staff Liaison: Bill Short, Township Clerk- Treasurer is retiring at the end of November. He provided patient guidance for the PSC and will be tremendously missed. RENTAL HOUSING TOWN ATTORNEY PRESENTATION: The PSC has been addressing rental housing and enforcement of violations. The Building Inspector gets involved with the same property over and over again for housing violations and there have been multiple calls for service from law enforcement from particular properties. A question has been asked if the Ramsey County Sheriff s Office could focus on rental properties that are a cause for concern. The Town Attorney attended tonight s meeting to discuss rental housing violations and what can be done to better control rental housing. The property owner has enforcement over a lease but may give that right to a municipality for enforcement. It was the consensus that the property owner needs to be responsible and that if there is a fine attached to violations the behavior may improve. The problem is the tenants and there needs to be a way that the landlord is held responsible for police calls to property that

2 he owns. There was discussion regarding what authority the Township may have and what reasonable steps can be taken. The biggest threat to a landlord is that the rental license may be pulled for excessive police calls to the property as a public nuisance. The City of St. Paul goes by the number of police calls in determining revocation of a rental license. Minnesota Statute 504B.171 addresses a covenant of landlord and tenant not to allow unlawful activities. Subd.1. Terms of covenant states that in every lease of residential properties, neither the landlord nor licensor will unlawfully allow controlled substances in those premises or in the common area and curtilage (enclosed land surrounding a house or dwelling) of the premises; allow prostitution or prostitution related activity to occur on the premises or in the common area and curtilage of the premises; allow the unlawful use or possession of a firearm in violation on the premises; allow stolen property or property obtained by robbery in those premises. The common area and curtilage of the premises will not be used by either the landlord or licensor or the tenant or licensee or others acting under the control of either to manufacture, sell, give away, barter, deliver, exchange, distribute, purchase or possess a controlled substance in violation of any criminal provision of chapter 512. The covenant is not violated when a person other than the landlord or licensor or the tenant or licensee possesses or allows controlled substances in the premises, common area, or curtilage, unless the landlord or licensor or the tenant or licensee knew or had reason to know of that activity. In every lease or license of residential premises, whether in writing or parol (given by word of mouth), the tenant or licensee covenant that the tenant or licensee will not commit an act enumerated under the statute (sect. 504B.206, subd. 1, para (a) against a tenant or licensee or any authorized occupant. If the tenant breaches the covenant the landlord may bring, or assign to the county or city attorney of the county or city in which the residential premises are located, the right to bring an eviction action against the tenant or licensee. If the county or city attorney accepts the assignment of the landlord s rights to bring an eviction action any court filing fee that would otherwise be required in an eviction action is waived; and the landlord retains all the rights and duties, including removal of the tenant s or licensee s personal property, following issuance of the writ of recovery of premises and other to vacate and delivery of the writ to the sheriff for execution. Any violation regarding evictions goes to the St. Paul Housing Court which is part of District Court. There was discussion regarding how the landlord can be made aware and responsible for numerous police calls to the same premise. The tenant is the problem but any action by the Town would need to be against the landlord and if the landlord does not do anything the problems continue. If there is excess code enforcement issues with a property, could habitual problems be tied into that. It was noted that code enforcement is handled by the Town s Code Enforcement Officer. He does not get involved with problem tenants. Tenants can be cited for criminal or civil reasons as mentioned above in the statute. Those actions are handled in court. The biggest threat that the Town has 2

3 is to pull the rental license. It the actions of the tenants create a public nuisance can the Town pull the rental license? There was discussion regarding setting up a fine schedule for landlords who do not choose to address problem tenants. With Town Board approval a fine could be initiated and included in an ordinance. There could be categories which include tiers for fines, such as: Category 1: sporadic police calls regarding tenants fine $25; Category 2: frequent police calls regarding tenants fine $50.00; Category 3 constant police calls regarding tenants - $ These are just examples and the fines would be against the landlord. Unpaid fines would be assessed to the property. The Town Attorney will give some thought to how many police calls it would take to create a public nuisance under the ordinance. It was the consensus that there should be a way to penalize property owners for allowing tenants who are constantly a public nuisance. Anderson moved to recommend to the Town Board to authorize the Town Attorney to draft an Ordinance (or amendment) for multiple calls for law enforcement services for rental properties and to review the nuisance and fines ordinances as it relates to rental licenses. LeBlanc seconded. Ayes all. KATIE ENGMAN MINNESOTA TOBACCO COALITION PRESENTATION: Katie Engman, Association for Nonsmokers-Minnesota reported that the association is a coalition of advocates to reduce the tobacco industry s influence. Through coalition efforts they have found that electronic cigarettes and cheap, flavored cigars continue to be a big problem. Flavored tobacco products include cigars, chewing tobacco, blunt wraps, electronic cigarettes and shisha, the tobacco used in hookah. These products help the tobacco industry get around the FDA s 2009 ban of flavored cigarettes. Flavored products are often sold in attractive packaging for a low price. Some cigars are frequently available for less than $1. Cigars, chewing tobacco, blunt wraps, electronic cigarettes and shisha are sold in fruit, candy, dessert and novelty flavors. Popular flavors include chocolate, pina colada, apple, grape, berry, cotton candy, bubble gum, wintergreen and menthol. The same flavoring used in tobacco products are also used in candy and Kool-Aid drink mixes. These flavorings were often present in higher amounts in tobacco products than in candy. Because of their sweet flavors, low cost and attractive packaging flavored tobacco products are especially appealing to youth. Young people are much more likely to use flavored tobacco products than adults. A recent CDC study found that 42% of middle and high school tobacco users use flavored products. Studies show that young people perceive flavored tobacco products as tasting better and being safer than unflavored products even though they are as dangerous and addictive as cigarettes and particularly harmful to the developing adolescent brain. Evidence suggests that nicotine interferes with brain maturation and can have a longterm effect on cognitive development and mental health. 3

4 Flavored tobacco products are a major public health concern because they encourage young people to start using tobacco. While the FDA banned flavored cigarettes other than menthol in 2009, the ban does not affect other tobacco products, many of which are now heavily marketed by the tobacco industry. The use of these products, especially among young people, has spiked. Because the FDA ruling does not prevent local communities from banning other types of flavored tobacco products, state and local governments can adopt laws that restrict the sale of flavored tobacco products within their jurisdiction. Limiting the sale of products, setting a minimum price or creating a minimum pack size are some of the ways communities can protect their youth by making flavored tobacco products less accessible and less appealing. Nearly 90% of adult smokers began smoking in their teens. The flavoring in these products makes it easier for new, young users to take up tobacco, because the flavoring masks the harshness of the tobacco and enhances the user s pleasure. The tobacco documents from the settlement revealed the Graduation Theory, a method used by the tobacco industry that aims to secure customer loyalty. This approach implies that new users start with milder tasting and flavored products. They graduate to full-bodied, less flavored items that often contain more nicotine and remain addicted for life. In Minnesota, the cities of Minneapolis, Saint Paul, Shoreview, Saint Louis Park, Robbinsdale, Duluth, Falcon Heights and Mendota Heights restrict the sale of flavored tobacco products. Minneapolis, Saint Paul, Duluth and Falcon Heights also restrict the sale of menthol tobacco products. Minneapolis, Saint Paul, Bloomington, Brooklyn Center, Richfield, Maplewood and Robbinsdale have set the minimum prices on cheap cigars, many of which are flavored and attractive to youth. New York City and Providence, R.I. passed policies restricting flavored tobacco sales, with the exception of menthol-flavored products. San Francisco and Oakland passed ordinances restricting the sale of all flavored tobacco products, including menthol. Katie Engman provided samples of the attractive packaging and devices used for smoking e-cigarettes. She stated that pineapple-flavored cigars are cheap and easily accessible to youth. Swisher Sweets cigarillos come in flavors such as grape, strawberry, and chocolate. Smokeless and spit tobacco are available in flavors such as cherry and wintergreen. Hookah comes in apple martini, chocolate and peanut butter. E-cigarette liquid is known as e-juice. The tobacco industry heavily targets young adults ages in order to recruit new tobacco users and guarantee profits. Approximately 95% of current adult smokers started before they were 21. In Minnesota, no one under 18 years old is allowed to buy tobacco. However, it is less likely that a 16 year old would ask a 21 year old for tobacco. Increasing the age gap between young people and those who can legally buy tobacco will reduce access to tobacco. A report from the Institute of Medicine found that increasing the legal age to purchase tobacco to 21 would decrease smoking initiation among year olds by 25 percent. A Minnesota-specific study looked at the impact of raising the tobacco age and found that 25 percent fewer 15 year olds 4

5 would start smoking by the time they turn 18 and 16 percent fewer 19 year olds would start smoking by the time they turn 18. This translates into 30,000 young people not becoming smokers over the next 15 years. If youth don t smoke by the time they are 21, they likely never will. A 2014 national survey showed that 75% of adults favor increasing the minimum sales age for tobacco to percent of current smokers and 65 percent of those ages support raising the minimum tobacco sales age. Minnesota youth tobacco use rose for the first time in 17 years in While cigarette use decreased, nearly one in five Minnesota high school students currently use e- cigarettes. One in 10 students report current cigar or cigarillo use. Increasing the sales age to 21 would reduce youth access to all harmful tobacco products, including e- cigarettes, cigars and hookah. California, Hawaii, New Jersey, Maine, and Oregon, along with a growing list of more than 290 cities in the United States, have raised the tobacco sales to 21. Edina became the first Minnesota city to raise the tobacco sales age in Four cities, St. Louis Park, Bloomington, Plymouth and North Mankato have followed since. The City of Needman, Mass. raised the legal tobacco sales age to 21 in Within five years, cigarette use among high school students decreased by nearly half. A survey was done for 7th, 9th and 11 th graders. 63% of young users do not realize how much nicotine is in flavored cigars. Nicotine is highly addictive in the youth. Katie Engman stated that the Township is doing well with tobacco compliance. LIAISON REPORTS: School: Brueckner reported that the date of the OLES Carnival has not been set yet. Fire Department: Six full-time paramedics have been hired. Three of the hires were from inside the department. They started on Monday and will have a two-week orientation. The plan is to hire four more paramedics early next year. The Fire Department has a new ambulance. NEXT MEETING DATE / ITEMS FOR DISCUSSION: The next meeting will be Thursday, December 6, 2018 at 6:00 p.m. Sandy LeBlanc will host the meeting at her house. Please bring a dish to pass. OPEN TIME: No one appeared for the open portion of the meeting. LeBlanc moved to adjourn the meeting at 7:48 p.m. Brueckner seconded. Ayes all. Respectfully Submitted, Joan J. Clemens Recording Secretary 5

Tobacco 21 in Oregon 7,000. Leading Causes of Preventable Death in Oregon. Most addiction to tobacco starts in adolescence.

Tobacco 21 in Oregon 7,000. Leading Causes of Preventable Death in Oregon. Most addiction to tobacco starts in adolescence. Tobacco 21 in Oregon Luci Longoria, MPH Health Promotion Manager Health Promotion and Chronic Disease Prevention Oregon Health Authority www.nwcphp.org/hot-topics Leading Causes of Preventable Death in