SPECIAL COUNCIL MEETING
A Special Council Meeting was held on February 26, 1991 at 6:00 p.m. with Council President Christiansen presiding. Members present were Councilmen Hall, Daisey, Levitt, Pitts, Salters, Lynn, Weyandt and VanSant.
PUBLIC HEARING - PROPOSED NO SMOKING ORDINANCE
A public hearing was duly advertised for this time and place to consider adoption of an ordinance (Attachment #1) that would regulate smoking in certain public places and places of employment.
Mr. Ray Quillen - Courtland Manor, Inc.
Mr. Ray Quillen, Administrator of Courtland Manor, Inc. spoke in opposition to the proposed ordinance. He feels that there are multiple inconsistencies, lack of clarity and conflicting sections of the ordinance.
Mr. Quillen explained that a nursing home is their patients' only home. He stated that many patients have smoked for over 50 years. It was his feeling that the ordinance does not adequately address the health industry and plays a discriminatory role by failing to deal equally with all public places. Mr. Quillen explained that the unique problems in the health care setting are not being properly addressed and submitted specific objections to the proposed ordinance (Attachment #2). (Mr. Quillen submitted a follow-up letter (Attachment #3).
Mr. Tom Butler - R.D. 2 Box 141-C, Dover
In relaying his support of the proposed ordinance, Mr. Tom Butler addressed three main points (Attachment #4). He cited several studies that have been performed confirming the dangers to human life and health caused by environmental tobacco smoke or passive smoking. Mr. Butler stated that ETS has been conclusively linked to increased rates of respiratory infections and hospital admissions in children and adults.
Mr. Butler explained that no one is asking people not to smoke, only to allow non-smokers the right to use public places without inhaling ETS. It was his feeling that the suggestion that non-smokers avoid going to places where there are smokers is ludicrous and insensitive.
In response to those concerns of "over legislation", Mr. Butler stated that some legislation is necessary to increase personal and public health and safety, which protects us all.
Dr. Howard Row - 207 Orchard Avenue, Dover
Dr. Howard Row addressed members of Council in support of the proposed ordinance. He advised members that he has had respiratory problems since childhood and has suffered actual pain and discomfort from tobacco smoke.
Dr. Row presented recommended changes to the proposed ordinance that he feels will clarify certain definitions, tighten "loopholes", and extend the provisions in a broader area. He requested that his recommended changes be made a part of the records (Attachment #5) and urged the passage of the proposed ordinance.
Dr. Lyman J. Olsen - 235 Old Mill Road, Dover
Dr. Lyman J. Olsen advised members, that he has been a practicing pediatrician for over 36 years and a public health official for over 23 years. He relayed his full support for the enactment of the proposed ordinance.
Dr. Olsen stated that respiratory infections are more common in children who are exposed to tobacco smoke and that these children are suffering needlessly. Since tobacco smoke is the primary irritant to respiratory allergies, Dr. Olsen stated that he refuses to treat children with asthma if there is a smoker in the family. He explained that treatment for asthma is ineffective if tobacco smoke is present.
With regards to enforcement of the proposed ordinance and those costs involved, Dr. Olsen stated that the cost would be virtually nil. He stated that the nonsmoking public actually enforce the ordinance by drawing attention to those who violate the ordinance.
Mr. Daryl Daisey - 25 Jonathon Drive, Newark
Mr. Daryl Daisey advised members that as a result of a disturbing eating experience he had in Dover involving second hand smoke, which he relayed to his father, Councilman Daisey, the proposed ordinance was initiated. He stated that “no smoking" laws that have been enacted by other cities have been successful.
Mr. Daisey reiterated the many medical dangers associated with passive smoke and urged passage of the proposed ordinance.
Mrs. Paula Andrews - 28 Patriot Drive, Dover
Mrs. Paula Andrews stated that she endorses the proposed ordinance; however, she suggested that the following revisions be considered:
1) Section l(a)(9) - that restrooms be included.
2) Section 2(a)(9) - no exception be given to lobbys.
3) Section 4(b) - increase fine to $50.
Dr. Joel Temple - 519 Pennsylvania Avenue, Dover
Dr. Joel Temple, practicing physician who specializes in allergy and lung disease, confirmed the medical dangers of tobacco smoke as previously relayed. He advised members that tobacco smoke is the third leading cause of preventable deaths. Dr. Temple stated his support for the passage of the proposed ordinance.
Mr. K.C. Sheth - 21 St. Annes Court, Dover
Mr. K.C. Sheth advised members that he came to this Country for the freedom of choice and land of opportunity and felt that laws should not be based on emotional issues. As owner of El Sombrero Mexican Restaurant, Mr. Sheth explained that businesses must function on a supply and demand basis. It was his feeling that there is a more positive approach the City could take to get restaurant owners to cooperate in providing non-smoking sections. As an alternative, he suggested that the City offer restaurant owners an award and provided an example (Attachment #6).
Mr. Allen S. Hedgecock - Central Delaware Chamber of Commerce
Mr. Allen S. Hedgecock, Executive Vice President of the Central Delaware Chamber of Commerce, reiterated their opposition to the proposed ordinance "due -lo excessive government regulation" as indicated in their letter of January 4, 1991 (Attachment #7).
Mr. Hedgecock stated that although there has not been enough evidence produced to the Chamber of Commerce that proves that sidestream smoke is harmful, it is realized that smoking is harmful to your health. Putting the medical aspects aside, he explained that the Chamber is concerned with the rights of individuals and businesses.
Reverend Levi Anderson - 37 Spruance Roach, Dover
Feeling that smoking is a problem in many public places, Reverend Levi Anderson relayed his support of the proposed ordinance.
Ms. Evelyn Merkel - Wilmington, Delaware
Ms. Evelyn Merkel advised members that she was very involved in -venting the smoking ordinance passed in Wilmington. She stated that the ordinance is working in the City of Wilmington and feels that the City of Dover can benefit as well. Ms. Merkel requested that Council pass the proposed ordinance.
Mr. Ed Dahn - 1199 Charles Drive, Dover
Mr. Ed Dahn relayed his support for the proposed ordinance; however, he suggested that the City work toward a total ban of smoking in public places. Although the majority of businesses are providing designated areas for smoking, Mr. Dahn explained that non-smokers are still breathing second hand some, since most ventilation equipment utilizes air re-circulation.
Mr. Joseph Smack - 940 Buck Drive, Dover
Mr. Joseph Smack stated that he also supports the proposed ordinance and agrees with those comments made by Mr. Butler and Mr. Daisey. He advised members that he has performed a statistical analysis concluding that 141 Delawareans will die due to exposure to second hand smoke. Mr. Smack stated that although our constitutional rights are important, they must be regulated. It is also his feeling that public safety is tantamount and requested that Council set aside any arguments relative to over regulation or the aspect of consumerism.
Mr. George Cutler, Dover
Mr. George Cutler relayed his desire for a total ban against smoking.
Mrs. Wilma Christian, RD 1 Box 195, Hartly
Strongly supporting the proposed ordinance, Mrs. Wilma Christian presented several pieces of information relative to cigarette smoking and its side effects (as on file in the Office of the City Clerk). Mrs. Christian stated her support for a non-smoking policy in public places, explaining that she is concerned with recreational family facilities, such as bowling alleys, and requested that Council consider incorporating those facilities into the proposed ordinance (Attachment #8). She distributed a letter from Annie Holsinger of Hartly also in favor of the proposed ordinance (Attachment #9).
Mr. Jim O'Conner, 61 Elizabeth Avenue, Dover
Mr. Jim O'Conner stated that he also supports the proposed ordinance. He advised members that his father was a "chain" smoker; however, it was his mother who died from lung cancer. Although he does not object to people smoking, he does not feel he should have to breath their smoke.
Mr. John Andrade - 119 S. Shore Drive, Dover
Mr. John Andrade stated that the proposed ordinance is a great “first step”. It was his opinion that smoking should be totally banned in all public places. Mr. Andrade feels that smoking has been given a privileged place in this society that it does not deserve.
Mr. David Anderson - 37 Spruance Road, Dover
Mr. David Anderson stated that he does not believe in excessive government re-evaluation; however, he supports the proposed ordinance feeling that government needs to regulate public health.
Mr. Fred Kaltreider - 2 Rodney Road, Dover
Mr. Fred Kaltreider relayed his support for the proposed ordinance. Although he feels that self regulation could eventually work. the proposed ordinance would begin to save lives now and make Dover a better place to live.
Mr. John Andrade, Jr. - 119 S. Shore Drive, Dover
Mr. John Andrade, Jr. stated that second hand smoke is dangerous and offensive and he urged passage of the proposed ordinance.
Mr. Peter Andersen - 749 Bicentennial Boulevard, Dover
Mr. Peter Andersen, representative for the Division of Public Health, submitted comments in support of the proposed ordinance (Attachment #11) . He assured members that there is conclusive evidence of the medical adverse effects of cigarette smoke.
There being no one ease to speak, Council President Christiansen declared the public hearing closed.
Meeting Adjourned at 7:30 P.M.
Respectfully submitted,
Robin R. Christiansen
Council President
RRC/jg
Attachments