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5/08/2007IS City of Greencastle City Hall One North Locust Street, P.O. Box 607 Greencastle, Indiana 46135 765.653.9211 tglenn(@jtreencastle.com Teresa P. Glenn Clerk Treasurer Greencastle Common Council Minutes Regular Session May 8, 2007 7:00 P.M. Greencastle City Hall Call to Order; Roll Call A. Mayor Michael called the meeting to order at 7:05 PM, all councilors present. Special Requests /Presentations III. Public Petitions and Comments IV. Approval of Minutes A. Regular Meeting April 10, 2007 B. Special Meeting April 26, 2007 1. Motion by Bob Sedlack to approve as presented, second by John Lanie, unanimous approval, Mark Hammer abstains from 10 Tom Roach ® abstains from 26 unanimous approval. V. Approval of City Claims A. Motion by Mark Hammer to approve claims as presented, second by Russ Evans, unanimous approval. VI. Old Business A. Ordinance 2007 -3 — Ordinance Prohibiting Smoking in Public Places and Places of Employment, Second Reading 1. Mayor Michael began discussion by addressing the audience present by asking anyone who wishes to speak to come to the podium after discussion by Council. 2. Mayor Michael reviewed Ordinance as presented with changes from Special Council Meeting held April 26, 2007. At this time Mayor Michael opened discussion up to Council. Tom Roach began with an apology to public for not being in attendance at Special Session due to his reluctance to hold meetings when they are not being videotaped. Roach continued his concern is with children who can not protect themselves from exposure to second hand smoke. Motion to amend Section 3 with additional language to read, "Smoking shall be prohibited in all enclosed public places within the City of Greencastle during any period of time when persons under the age of 18 are present and invited on premise." Motion failed due to lack of second. Councilor John Lanie spoke next requesting amendments as follows: Section 1. Definitions, item c. Private Club shall be amended to include the following language (iii) Registered under Indiana Law; and (iv) Determined by Page 1 of 5 ® questions and comments from the audience. Louise Reinike commented regarding this proposal to this amendment. Pleasure before health others claim to put economic equity before public health along with scientific research that supports comprehensive Ordinance that benefits those working in these establishments not taking public health seriously is costly to everyone, businesses, families, governments. Mike Smoot public health issue concern is not anybody's business. Amendment requirement forcing business to install purification system is an embargo. Tyler Wade GHS junior laughable about double talk, level playing field when was the last time a bar made a contribution to charities as much as private clubs do. Moore's bar contributes to the community in many ways; this is about freedom of choice. Filler amendment is good. Adults don't need a baby sitter; this is a freedom of choice issue. Mike Houston believes this is just the first step in mandates that chip away at our personal freedom and liberties. Let business owners make their own decisions about smoke or smoke free. Meredith Williams, Director of Putnam County Tobacco Prevention asked to bring focus back to employees and their rights to breathe clean air. Would prefer no ordinance as to the one presented tonight with the latest suggested amendments. Carolyn Miller, Putnam Inn owner, if this ordinance is passed as amended by Mark Hammer, she would be willing to put up walls and ventilation systems. Agree that individual rights are at issue, but this is inevitable. Karla Sneegas, Indiana Director for Smoking ® Prevention and Cessation thanked Council for their courage to have this discussion regardless of how this discussion ends. Data regarding amendment ASHRAY, HVAC system can not control health risk where smoking is allowed. Surgeon General no risk free exposures to second hand smoke. Carcinogens do not smell. Study conducted in Indiana air tested in 3 diff cities, Bloomington (comp. non smoking), compared to FT. Wayne (similar to amend Ordinance tonight) and Indy (no ordinance) level of particulate matter measured decreased by 89% after ordinance in Bloomington went into effect. Helena 40% decrease in heart attack admissions to hospital during Ordinance effect, increased upon rescission of Ordinance. Melvin Gaston shared he has not heard any rebuttal on this Ordinance. Health facts; ask any insurance agent mortality rate is higher for adults and not all smoking that is affecting the mortality rate. Submitted health benefits of not smoking. Supports amendments questions authority to declare Greencastle a Smoke Free Community, imposing morals on community. Mayor Michael reminded council we are voting on amendment by Mark Hammer, Bob Sedlack stated that he will vote against this amendment due to evidence over and over again that ventilation systems do not protect public health, Mayor Michael commented at the end of this evening we hope everyone can leave here knowing that we have discussed many options; call for the vote, 3 nays John Lanie, Bob Sedlack, Russ Evans, 2 yeas, amendment ® does not pass. Motion by Tom Roach to amend effective date to be November 1, 2007, no second, amendment fails. Page 3 of 5 ® D. Fire Department — Bill Newgent 1. Not in attendance due to mutual aid in Crawfordsville this morning. E. Park and Recreation — Rod Weinschenk 1. Present; Nothing to add. F. Planner — Shannon Norman 1. Present; Nothing to add. Putnam County working on Comprehensive plan for county, chairing the development task force asking if any council interested to please let her know. G. Police Department —Tom Sutherlin 1. Present; Nothing to add. Will be in "dunk tank" at fairgrounds on Saturday for the Humane Society. Newest Officer is Ed Wilson returning to GPD effective May 7, 2007. H. Street Department — Paul Wilson 1. Present; Nothing to add. Overlay bid opening this Friday. Bob Sedlack asked about parking on East Washington Street. Tom Roach shared still need striping along new section of Franklin Street. I. Wastewater Department — George Russell 1. Present; nothing to add. J. City Attorney - Laurie Robertson Hardwick 1. Present; Nothing to add. IX. Reports A. Mayor's Report ® 1. Community Center Committee continuing to work. Third graders from TZ will be visiting on Friday. Hickory Creek at Sunset will be conducting BP and sugar checks on Wednesday, May 23 from 9 to 11 AM. B. Clerk- Treasurer's Report 1. Reported on recent Budget process. C. Councilors 1. Russ Evans shared that Albert Epple and Tim Trigg have idea for BWSP will be receiving lightning detectors for umpires to wear during games from Prosecuting Attorney's Office. X. Adjournment A. Motion by Tom Roach to adjourn, second by Russ Evans, unanimous approval at 10:01 PM. r.4' Naney�ichael, Mayor ATTEST: Wresa P. Glenn, Clerk Treasurer 11 Page 5 of 5 ORDIANCE NO. 2007-3 - ORDIANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES EMPLOYMENT U SECTION 1. DEFINITIONS. C. PRIVATE CLUB: SHALL BE AMENDED TO INCLUDE THE FOLLOWING LANGUAGE (iii) Registered under Indiana law; and (iv) Determined by the Internal Revenue Service to be operating under not -for- profit status M SECTION 3. SMOKING PROHIBITED IN PUBLIC PLACES. ® (L) SHALL BE AMENDED TO READ: Private Clubs, during any period of time that the public is present and invited on the premises. SECTION 5: WHERE SMOKING IS NOT REGULATED: SHALL BE AMENDED TO INCLUDE THE FOLLOWING LANGUAGE d. PRIVATE CLUBS, as described in Section 1. Definitions., item c., and as regulated in Section 3., (L). / l Se On 1. "Definitions" " I t: Add additional verbiage to the end of the existing definition. "No minors are allowed as customers or employees at any time. The establishment must have a valid license issued by the Indiana Alcoholic Beverage Commission. Item d.. Replace the last sentence "The term restaurant shall include a bar area within the restaurant," with the following: ", as well as kitchen areas in which food is prepared on the premises for serving in the establishment or elsewhere, including catering facilities." Section 3 " SmoYng Prohibited in Public Places" Itcm b. - strike "Bars" j j 1em t a,4_, Yh Lat Section 5 ,, Where Smoking is Not Regulated" W Add e. - Bars - any bar that desires to allow smoking must have signage on all entrances stating that it is it smoking allowed /permitted facility or area. Further, these bars must have installed permanent, all purification systems that reduce the sensory effects of tobacco smoke. These devises shall be rated by the manufacturer at or above a capacity to effectively treat the affected area's square or cubic footage. Add f The bar area of a combination bat/restaurant that desires to permit smoking in the bar area only: I) The bar area most be separately enclosed on all sides by continuous floor -to- ceiling walls, interrupted only by closeable doors, and ?) The bar area must have installed air purification devices that meet the same standards as stated in item "e" above, and Any bar area of a restaurant that is constructed or substantially remodeled after the effective date of this ordinance shall be separately ventilated, with negative air pressure in relation to the dining areas, in addition to the requirements enumerated in item "f' (1) above, and 4) These bar areas of restaurants shall have signs posted at all entrances to the area that you arc entering a smoking allowed /permitted area and that minors arc not permitted in 1110 bar areas at an time. Old item I`becomcs ne%v item g. E4