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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