SPECIAL COUNCIL MEETING
A Special Council Meeting was held on October 1, 1992 at 7:00 p.m. with Council President Christiansen presiding. Members present were Councilmen Lambert, Tudor, Leary, Pitts, Salters, Levitt, Daisey and Hare.
Council staff members present were Mr. Worley, Mr. DePrima, and Mrs. Boaman.
PUBLIC HEARING - CURRENT SMOKING REGULATIONS
During the Regular Council Meeting of September 14, 1992, a public hearing was scheduled for this time and place to review the City’s current smoking regulations (Section 14-15 of the Dover Code).
Council President Christiansen noted the receipt of correspondence relative to the current smoking regulations (as on file in the Office of the City Clerk) and the City Clerk read the guidelines for this public hearing into the record, as follows:
1. A sign-in sheet will be available prior to the hearing for those wishing to speak. The sign-in sheet is to include the speaker’s name and address. At commencement of the hearing, the sign-in sheet will be delivered to the Council President and only those that signed the speaker’s list shall be permitted to offer comments.
2. Testimony will be limited to City of Dover resident, non-resident property owners, and/or City business operators. Any City organization or group shall designate one person to present testimony on behalf of their group or organization.
3. Testimony shall be restricted to evaluation of the current smoking ordinance. The health issues have already been established.
4. The hearing will be limited to 90 minutes with the length of time allocated for each speaker to be determined based upon the total number of speakers.
5. Written testimony will be accepted by the City Clerk at any time prior to commencement of the public hearing. All members of Council will receive copies of all submitted written testimony.
6. The Council President shall have the discretion to terminate any speaker should he feel the speaker is not staying within the terms of the guidelines and shall prevent any debate or rebuttal by the public or the Council.
Mr. Hare advised members that, prior to the meeting, Mrs. Eva Musley submitted a petition on behalf of “Concerned Citizens for Individual Liberties”, indicating that the current ordinance accommodates both the non-smokers and smokers, protecting the rights of all parties concerned. He stated that the petition will be given to the City Clerk to be made a part of the record.
Mr. Daisey objected to the submission of the petition, stating that written testimony should have been submitted prior to the commencement of the public hearing. Council President Christiansen explained that the public hearing has not been opened for public testimony.
Mr. Lambert moved to accept the petition submitted on behalf of “Concerned Citizens for Individual Liberties”. The motion was seconded by Mr. Leary and carried with Mr. Daisey voting no.
Council President Christiansen declared the public hearing open.
Mrs. Jean Row - 207 Orchard Avenue
Mrs. Jean Row responded to recent comments, stating that there is no comparison between government regulating air quality and food that is permitted to be served in restaurants. Those that wish to eat something that may not be good for them, will only harm themselves, whereas, smokers harm others with second-hand smoke. Mrs. Row urged members to consider amending the ordinance to prohibit smoking in restaurants.
Mr. Doug Johnson - 751 Bicentennial Boulevard
Mr. Doug Johnson relayed his feeling that the current smoking regulations are not working effectively. Without separate rooms and ventilation systems, he stated that there is no protection from the inhalation of second-hand smoke. Mr. Johnson stated that he chooses not to breath smoke for personal health reasons and that he is unable to eat in Dover without the exposure to second-hand smoke. He requested that the City amend the current smoking regulations to provide a smoke restricted environment.
Mr. Thomas Connell - 59 S. Governors Avenue
Mr. Thomas Connell reminded members that restaurants are privately owned and operated. The fact that restaurant owners do business with the public does not entitle the public to ownership. It was his feeling that the same judgement could be used in visiting a privately owned home. He explained that the owner makes the decision whether smoking is permitted on the premises, and that the visitor has the option of leaving if not in agreement with the owners decision.
Mr. Connell stated that the political process should not be utilized to impose preferences on the behavior of others and that mutual tolerance is absolutely necessary in any society.
Dr. Howard Row - 207 Orchard Avenue
Dr. Howard Row stated that although the City’s current smoking regulations are good, he felt that they could be improved and explained the suggestions he previously submitted as written testimony (as on file with the Office of the City Clerk).
Mr. William Schaefer - 111 Cobblestone Lane
Mr. William Schaefer stated that he is one of the owners of the Dinner Bell Inn located on State Street. He has complied with the smoking regulations by offering customers the choice of a smoking or non-smoking area. Should the Dinner Bell Inn require renovations to provide separate room and ventilation systems, Mr. Schaefer stated that his establishment would be forced to close.
Mr. Schaefer advised members that in July 1990, a city in California, which is demographically similar to the City of Dover, enacted an ordinance that prohibited smoking in restaurants. Based on tax receipts for the State of California, during the third and fourth quarters of 1990, those restaurants located in this particular city realized a 26% decrease in revenue and the other restaurants located in California had a 2% increase in revenue.
It was Mr. Schaefer’s feeling that the current smoking regulations work and that no changes should be made.
Mr. Jim Gray - 656 N. DuPont Highway
Mr. Jim Gray, owner of Kirby and Holloway Family Restaurant, addressed members on behalf of Kent County Hotel/Motel Restaurant Association. He stated that Kirby and Holloway has served over 600,000 customers over the last 18 months and that no complaints have been received relative to the current smoking regulations. It was recommended that no changes be made to the current smoking regulations.
Mrs. Rexene Ornauer - 17 Mifflin Road
Mrs. Rexene Ornauer reminded members that second-hand smoke pollutes the air and that it is everyone’s right to have clean air. It was her feeling that the current smoking regulations should be amended so that the burden is not on the non-smoker.
Mr. Javan Davis - 635 Nimitz Drive
Mr. Javan Davis felt that the current ordinance is good and that the City should enforce the current smoking regulations.
Mr. Greg Kramedas - 19 Laurel Drive
Mr. Greg Kramedas stated that everyone should use common sense and good manners relative to smoking. Although he felt that the concerns of the non-smoker should be addressed, the rights of smokers should also be considered.
Ms. Anne Carr - 857 Westview Terrace
Ms. Anne Carr was not present when called.
Mr. Tony D’Arpino - 731 E. Division Street
Mr. Tony D’Arpino felt that a restaurant owner should be permitted to serve both the smoker and non-smoker. He stated that although he would oppose total prohibition of smoking in restaurants, he felt that separate rooms address all those concerned.
Ms. Pam Andrade - 119 S. Shore Drive (owner of 116 W. Water Street)
Mrs. Pam Andrade, owner of property located at 116 W. Water Street, expressed her appreciation for the City’s initiative in having an ordinance that addresses smoking in restaurants. She feels the ordinance has helped significantly in dealing with smoking in restaurants, but that more restrictions are needed. Mrs. Andrade stated that fast food restaurants are the most difficult to deal with since they are normally so open that a separation between smoking and non-smoking does little or no good. Fast food restaurants appeal to young children and families and she suggested stricter regulations. She also relayed concern with restaurants that require customers to walk through a smoking area in order to get to a non-smoking area. She also suggested a total ban on smoking in restrooms. Mrs. Andrade reminded Council that the current ordinance does not address restaurants seating less than 35 people and she felt it mandatory that these small restaurants be regulated in some manner. She urged Council to move towards enacting a stronger ordinance.
Council President Christiansen declared the hearing closed.
Although he sympathizes with both smokers and non-smokers, Mr. Tudor expressed concern with over-legislating private businesses to the point of forcing them to close their doors.
Mr. Hare reminded citizens that they may choose the restaurant they wish to patronize. He expressed concern with government regulations for private businesses, stating that the businesses have rights too. It was his feeling that providing smoking and non-smoking areas seem fair to all parties.
Mr. Levitt reminded Council that they were to address the current smoking ordinance only. He suggested that the public comments and written testimony be reviewed by Council for possible action at the committee level.
Agreeing with Mr. Levitt, Mr. Leary stated that this is a very complicated issue and he felt that the suggestions made by our citizens should be reviewed before taking any action.
Mr. Salters stated his feeling that the ordinance is working, but he also felt that some thought should be given to the testimony received and reviewed at the committee level.
Mr. Daisey stated that this is a health issue, not a rights issue and that the Council has an obligation to protect the public. He stated his feeling that there are some areas of the current ordinance that need to be strengthened and urged Council to think about the comments made by the public and to delay any action until it is reviewed at the committee level.
Although the current ordinance may not be perfect, Mr. Pitts felt it is a good ordinance. He stated no objections, however, to enacting legislation to strengthen certain portions of the ordinance.
Mr. Lambert voiced concern with such stringent government regulation. He felt that common sense and courtesy would solve this problem. He suggested that the restaurant industry pay attention to the concerns of their customers, feeling that they can take care of the problem simply by paying attention to the needs of their customers. Although he does not favor a total ban on smoking in restaurants, he suggested that a restaurant take it upon itself to restrict smoking, which may even increase business for them.
Mr. Daisey moved that the matter of possible amendments to the current smoking ordinance be reviewed by Council and referred to the Legislative and Finance Committee to determine if and what modifications are needed. The motion was seconded by Mr. Levitt and carried with Mr. Lambert, Mr. Hare and Council President Christiansen voting no. It was suggested that this matter be reviewed at the next Legislation and Finance Committee. (Note: The committee meeting of October 14th was cancelled so this matter will be reviewed at the committee meeting of October 27th.)
Meeting Adjourned at 8:30 P.M.
DEBRAH J. BOAMAN
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of October 1, 1992, are hereby approved.
AARON O. KNOPF
MAYOR