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REGULAR MEETING MARCH 29, 2016 heart disease as possible, and as many heart attacks as possible then providing certain exemptions would run counter to that goal. Regarding vaping, Councilmember Ferlic stated he has talked to a number of vape shop owners and their state lobby group. They provided a number of different studies citing vaping is not harmful but they seem to be industry funded. The World Health Organization, Food and Drug Administration and National Institutes for Occupational Safety and Health have all provided recommendations on vaping and do not recommend it indoors or in the workplace. Councilmember Ferlic asked the City Council Attorney to address the question regarding the substitute bill and whether proper procedure was followed. Council Attorney Kathleen Cekanski - Farrand stated proper procedure was followed for Bill 11- 16 and the two substitute bills. The original bill was filed on Wednesday March 9th prior to the noon deadline on that date. That filing satisfied all standards on a filing and properly accepted by the Office of the City Clerk. Sometime thereafter the Clerk's office gave the filing Bill Number 11 -16 and placed on the agenda for the next regularly scheduled Common Council meeting for first reading and set for public hearing for this evening and referred to the Health and Public Safety Committee. The first reading of the bill is only the title of the bill. City Clerk Kareemah Fowler read the title of Bill 11 -16. That title has not been amended, only if the title has been amended does the procedure start over because it would have to be republished by the Clerk's staff. The procedures of both substitute filings were completed properly. The Council has their responsibility to see if reasonable steps were taken with regard to their analysis. Councilmember Ferlic stated nothing in this ordinance prohibit tobacco shops or vape shops from selling their products on a retail basis and they are welcomed to do so in South Bend. What this ordinance protects is from smoking indoors. Regarding flavoring for e- cigarettes, there is a Harvard study from 2015 showing the flavoring within vaping solutions is carcinogenic. Councilmember Ferlic acknowledged there is going to be fear with any sort of change and that is understandable. Four (4) years ago there was a lot of fear regarding the GLBT Equality ordinance and there were people then afraid about any negative impacts on business. Similar to now, we relied on research and on data and experiences from other communities and did what was right for South Bend. We want businesses to succeed in South Bend and we want people to be healthy and reduce cancer, heart disease, and lung disease. This ordinance can help us achieve both goals. Everyone has been affected in some way by heart disease, lung disease, and cancer. These are brutal diseases, yes sometimes they happen without exposure to secondhand smoke but we do know that second hand smoke tremendously increases the chance of these diseases. We can take a major step here tonight to reduce those diseases and save people's lives. Council Vice President Davis asked if any of the Councilmembers had questions for Councilmember Ferlic at this time. Councilmember Jo M. Broden stated she has no questions based on months and months of research on this topic and going back to before when it was before the state legislature. Councilmember Dr. Varner stated this is the third time we have discussed this and not much has changed to the proposal. Council Vice President Oliver Davis asked regarding the City of Indianapolis and Fort Wayne if they were unigov and the County and City governments were combined. Councilmember Ferlic stated the City of Indianapolis is but there are distinct municipal entities within the city that are separate and do not fall under the ordinance. Fort Wayne and Allen County are not unigov and actually the town of New Haven is right next to Fort Wayne. Council Vice President asked if the Indianapolis ordinance covers all of Marion County. Councilmember Ferlic responded no it does not cover some areas that are not part of their unigov system. He stated he does not know the percentage of how much is not covered. He asked if anyone from Smoke Free St. Joe had that information to bring it forward during their time to speak. We are not just looking at Indianapolis and Fort Wayne. 5