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HomeMy WebLinkAboutMinutes - City Council - 02/16/2004CITY COUNCIL 16 FEBRUARY 2004 The South Burlington City Council held a regular meeting on Monday, 16 February 2004, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; C. Smith, T. Sheahan, S. Magowan, D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; S. Stitzel, J. Spinelli, City Attorneys; Rep. A. Pugh; T. Moreau, CSWD; P. Stabler, Dr. T. Marcy, B. Flynn, G. Page, C. Schlegel-Brown, Dr. C. Berger, V-Cat Group from Tuttle Middle School, H. Main, D. Jacobowitz, R. Leary, S. Katz, J. Deslauriers, A Thomas, H. Macia, D. Lifton, F. Fleming 1. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 2. Announcements/City Manager's Report: Mr. Smith: A lot of Regional Technical Academy meetings are coming up in an effort to get out the vote. Mr. Sheahan: Will attend the Housing Supply Goals Task Force meeting, Wednesday a.m. The group will be formulating a matrix to give Chittenden County communities an idea of their housing needs in the next 10 years. Mr. O'Rourke: Stormwater Utilities Committee meeting, 2 March, 10 a.m. Mr. Condos: MPO meeting, Wednesday, 7 p.m. Reminded members of the 2 upcoming budget sessions (19 and 23 February, 7 p.m.). Mr. Hafter: Gave members copies of the proposed budget. He noted it represents a 1.7 cent increase. The increase over the last 6 years have been 7.7 cents, below the rate of inflation. Mr. Hafter added that the Charter is doing what it should. Mr. Hafter extended an invitation to members to attend a special press conference on 18 February, 2 p.m., at Market St. The session will be hosted by Sen. James Jeffords and Councilman Condos. 3. Consideration of Resolution of Intent to Take Action to Eliminate Smoking in Public Workplaces in South Burlington: Mr. Hafter noted that the City Council had asked him to look into the possibility of eliminating smoking in public workplaces. The City Attorney has drawn up a Resolution of Intent to continue research and to draw up an ordinance to this effect. If such an ordinance is presented, it will go through the same procedure as any other ordinance, including a public hearing. City Attorney Spinelli said it is their opinion that the City Council has the authority to adopt such an Ordinance. She cited both the City Charter (Section 104G) and Police powers granted by 24VSA2291. The City Attorney's office is still researching how the ordinance would be enforced and whether a liquor license could have as a condition "no smoking" on the premises. Mr. O'Rourke suggested that when dealing with liquor licenses, the City Attorney may also have to look at grandfathering existing businesses. Mr. Smith asked about the resolution Burlington is working with. Mr. Hafter said they are in the same quandary regarding liquor licenses with no-smoking conditions. Mr. Condos said that because this is a public health issue, it may be a different situation than the entertainment permit issue of a few years ago when the city could not condition a liquor license on an entertainment permit (in an issue regarding obscenity). The floor was then open for public comment: Dr. Ted Marcy: cited adverse health effects resulting from smoking and second hand smoke. He said he did not know a safe level of smoking. Second hand smoke has the same chemical as the smoke inhaled by active smokers and more than 40 of these chemicals are known carcinogens. There have been measured levels of carcinogens and other chemicals from second hand smoke found in urine, blood and saliva of nonsmoking individuals in workplace environments. Forty three studies show a 20% increase in lung cancer risk in non-smoking spouses of smokers compared to spouses of non- smokers. In places where smoking has been banned in bars there has been a marked improvement in lungs and health of bartenders and other employees. Brian Flynn: Mr. Flynn is a public health researcher and a member of the State Tobacco Board appointed by the Governor. He noted that both California and New York have banned smoking in public workplaces. Despite a lot of dire pronouncement of what would happen if this was done, evidence shows the reverse was actually true. Revenues went up and employment in eating/drinking establishments went up in California. Mr. Flynn noted that almost 80% of Vermont adults are non-smokers and an overwhelming number of tourists/visitors are also non-smokers. V-Cat Group (Tuttle Middle School): The three students presented facts related to smoking and second hand smoke. Smokers inhale only 15% of the smoke; the rest goes into the air. Second hand smoke is linked to many forms of cancer. There is a 20% higher coronary death rate from second hand smoke. Rep. Ann Pugh: Cited this as a public health issue with compelling evidence that employers lose time from employees who are out sick because of inhaling second hand smoke. Rep. Pugh said she didn't need studies to tell her that when she enters a place where there is smoking her lungs hurt, her eyes tear, her clothes smell, etc. She served on the committee when the Indoor Clean Air bill was passed. Despite dire predictions, the hospitality industry was not affected. Guy Page: The Pizza Putt banned smoking and has had an overwhelmingly favorable response. The Vermont Center for Tourism says that most tourists to the area are from New England where there is overwhelming support for no-smoking laws. Christine Schlegel-Brown: Serves on the Coalition for a Smoke-Free Vermont. She read from research done in New York following the no-smoking legislation passed there. Research shows no negative impact on the hospitality industry. Data shows the hospitality industry in New York City is even stronger. There are 12% more in revenues and more jobs have been added after the smoke-free law took effect. Hotel occupancy is on the upswing. The same positive changes are being seen in the rest of New York State. A survey has shown that 96% of people go out to eat/drink as much or more after the smoke-free laws. Ms. Schlegel-Brown felt the Vermont Legislature should follow Burlington and South Burlington. Dr. Claudia Berger: A physician who agrees that second hand smoke is horrible. However, she opposes the ban because of property rights. Smoking is legal and no one is forced to go to a bar or work in one. Heather Main: Worked in a restaurant during her college days because it was a place she could earn decent money. It wasn't a "choice." She supports this ban and believes it is the right thing to do and fits with what Vermont wants to be. She has worked with the Vermont Heart Association and as a health educator at UVM trying to keep students from starting to smoke. She felt smoke-free bars will help prevent a lot of young adults from starting to smoke. David Jacobowitz: A member of the Vermont Group Against Smoking Pollution. He noted this is the only workplace not covered by the smoking ban. Mr. Condos then read e-mails from a number of citizens, all supporting the proposed action. These include: Mary Evelyn Holtz, Martin Power, Catherine & Doug Ryan, Barbara, Russ & Dean Williams, Tim Barritt, and John Clark. Rocky Leary: Restaurant/bar owner of a non-smoking bar/restaurant. He felt the law would hurt business. People have been smoking in bars for many years; people who go to bars generally smoke. He felt you have to look at the whole perspective. Andrew Thomas: Everyone has a choice where to go. How can you tell people it's legal but you can't do it? People don't have to work in a smoking environment. Hardy Macia: Thinks this is a question of freedom and there are other options. He felt there are businesses that will lose money. Doug Lifton: A new South Burlington resident, felt it is a question of choice and people should have a choice of their environment. Jeff Deslauriers: A high school student and member of the South Burlington Reparative Board. Works part time as a dishwasher at a restaurant and is affected by smoke from the bar. He didn't feel a ban would hurt business. He noted that a lot of children come with their parents to the restaurant and they shouldn't be punished because of the actions of others. Sheldon Katz: Doesn't smoke or own a bar but opposes the ban because it takes away freedoms. He believes the reports on the dangers are based on false studies. No one is forced to work in or patronize a bar that allows smoking. Mr. Magowan said he wholeheartedly supports the resolution and views it as a public health issue. Mr. Condos read the proposed resolution. Mr. Smith said he abhors smoking but is going back and forth on the freedom issue. He wished the State would ban smoking. Mr. O'Rourke said he, too, has gone back and forth regarding private rights and public interest and has reached the conclusion to support the resolution because he feels it is a public health issue. He also felt there are circumstances where people can't get another job. Mr. Sheahan said he agrees with Mr. O'Rourke that public health benefits far outweigh the question of private rights. Mr. Condos said he agrees with Mr. Magowan. Mr. Magowan then moved that the Council adopt the Resolution as read. Mr. Smith seconded. Motion passed unanimously. Mr. Fleming, a bartender noted that if the chemicals found in smoke were found in any other workplace, OSHA would shut them down. He felt businesses will have to adapt. The City Attorney will now draw up an Ordinance that will have a public hearing at the City Council. 4. Review Planning Commission Agenda for 17 February 2004: No issues were raised. 5. Review Development Review Board Agenda for 17 February 2004: No issues were raised. 6. Review City Council Minutes of 2 February 2004: Mr. Sheahan moved to approve the Minutes of 2 February as written. Mr. Smith seconded. Motion passed unanimously. 7. Sign Disbursement Orders: Disbursement Orders were signed. 8. Update on Chittenden Solid Waste District Issue: Mr. Magowan stepped down due to a conflict of interest. Mr. Moreau noted that the Solid Waste District has been in litigation to get a piece of land for a landfill. He reviewed the process and steps that have led to the present situation. He also noted that one of the goals is to have a system that involves both public and private interests. There are now 2 landfills, one in Moretown (35 miles away) and one in Coventry (74 miles away). It costs about $6.00/ton to run a transfer station. Transportation costs between $6 and $11/ton. The current average cost for Chittenden County is $15.44/ton. This means a cost of $1,800,000 to move waste out of Chittenden County. A local landfill could save about $7 per ton. Mr. Moreau reviewed the timeline re: appeals, etc. Mr. Moreau also noted that the Burlington drop-off center on Pine St. has opened. It is not doing well and is losing money. Members agreed to discuss issues regarding the litigation in Executive Session. Executive Session: Mr. Sheahan moved the Council meet in executive session to discuss litigation, land acquisition, personnel and contract negotiations and to resume regular session only for the purpose of adjournment. Mr. Smith seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Mr. Magowan moved adjournment. Mr. Sheahan seconded. The motion passed unanimously. The meeting adjourned at 10:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.