HomeMy WebLinkAbout06-18-12 Health & Public SafetyHEALTH & PUBLIC SAFETY JUNE 18. 2012
5:00 P.M.
Committee Members Present: Dr. Fred Ferlic, Karen White, Tim Scott, Henry Davis
Citizen Members Present: Kyle Chamberlin, Marcus Ellison
Other Council Present: Valerie Schey, Dr. David Varner, Oliver Davis, Derek Dieter,
Gavin Ferlic
Other's Present: Jill Sabo, (Tobacco Free St. Joe Co.), Dr. Paul Guentert, Dr. Tom
Soisson, Dr. Allen Engle, Dr. Mark Walsh, Dr. George Friend, Carl Nichols, Lindsey Grace, Ron
Troyer, Cathrine Toppel, Kevin Clarity, Dr. Dan Kletzing, Dr. Cavelo, Jeff Levely, Terry Meehan,
Jacqueline Cronk, Kelly Ray Bowen, Bruce Knutson, Cherri Peate, Kerry Gerschoffer, Mark
Potuck, Larry Wolf, John Bergeroff, Jeff Flora, Nick Linarello, James Ford, Matt Zultanski, Carrie
Dvis, Jesie Davis
Agenda: Bill No. 21 -12 — Smoking Regulations
Bill No. 24 -12 — Workplaces and Public Places
Dr. Fred Ferlic, Chairperson of the Health and Public Safety Committee opened the hearing
stating the bills before the committee would be heard in order of their filing. Councilmember
Valerie Schey, the primary sponsor of bill 21 -12 concerning smoking regulations was called upon
to begin the presentation. Valerie introduced Jill Sabo representing Tobacco Free St. Joseph
County who spoke to the purpose and intent of the bill as well as the need. Essentially her
message was that because of the exemptions for smoking in certain public places allowed in both
the state law going into effect July 1, and those allowed in the recently passed county bill, a more
comprehensive ban was in order. Following her testimony seven physicians each of different
specialties proceeded to illustrate the devastating physical consequences of smoking and
exposure to second hand smoke. Bolstering the doctors testimony were presentations from
tavern and restaurant owners Jeff LefFley Manager of 11 Hacienda's and Terry Meehan owner of
Fiddler's Hearth who said business had increased since they voluntarily banned smoking.
Lindsey Grace from the American Lung Association state office in Indianapolis recounted the
positive results in business and lack of enforcement issues in Indianapolis since that city enacted
the ban. Elkhart City Councilmember Ron Troyer related the positive effects of the ban recently
adopted in his city. Catherine Toppel, Director of South Bend Code Enforcement, said the
administration was in support of the bill and she did not see any enforcement problems. Kevin
Clarity followed with a hand out from the Campaign for Tobacco -Free Kids which argued that
"smoke- free" laws have been shown nationwide to not have negative affects on business in bars
and restaurants.
Testimony in support of the smoking ban citizens not listed in the formal presentation. Included
were Jacqueline Cronk, Kelly Ray Bowen, Bruce Knutson, Cherri Peate, representing Black Expo
and Mark Potuck.
Several Councilmember's wanted to ask the presenters questions at this point; but Chairperson
Dr. Fred Ferlic asked citizens present to speak in opposition to the ban to speak first. Speaking
against were nine people, at least five local bar owners among them. They argued their bars
would be at a a competitive disadvantage unless the ban were county -wide. They and others
also raised the issue of freedom of choice being compromised by government intrusion.
Council questions followed the time allotted to those speaking against. Council President Dieter
was adamant about the need for an enforcement plan. Oliver Davis, a co- sponsor, reserved
support until he spoke with bar and restaurant owners in his district. Others questioned the
rationale of allowing any exemptions if the ban was to protect employees from second -hand
smoke.
Over two hours now passed, Dr. Ferlic announced that Bill 24 -12 sponsored by Dr. David Varner
as an alternative bill would not be heard at this meeting. The bill would be reviewed at the next
Health & Public Safety Committee Meeting on June 25, 2012.
Dr. Ferlic thanked all who attended before adjourning at 7:14 p.m.
Respectfully Submitted,
Dr. Fred Ferlic, Chairperson
Health & Public Safety Committee