City Council dissects proposed smoking ordinance

Rolla City Council members Monday honored a prominent businessman for his contributions in fighting hunger, endorsed a resolution to support a sales tax that would fund 911 service and began dissecting parts of a proposed ordinance that would ban smoking in Rolla workplaces.

Mayor William S. Jenks III read a proclamation that honored Denny Ford owner Denny LaBantschnig for his 19 years of providing food to regional pantries from Thanksgiving through Christmas. Last fall, LaBantschnig’s Fill-A-Ford campaign provided 48 truck-bed loads of non-perishable food to 24 regional pantries.

Rolla City Council members Monday honored a prominent businessman for his contributions in fighting hunger, endorsed a resolution to support a sales tax that would fund 911 service and began dissecting parts of a proposed ordinance that would ban smoking in Rolla workplaces.

Mayor William S. Jenks III read a proclamation that honored Denny Ford owner Denny LaBantschnig for his 19 years of providing food to regional pantries from Thanksgiving through Christmas. Last fall, LaBantschnig’s Fill-A-Ford campaign provided 48 truck-bed loads of non-perishable food to 24 regional pantries.

Outside Chambers after the presentation, a woman from the United Community Help Center in Salem also handed LaBantschnig a framed Certificate of Appreciation.
After Jenks read the proclamation, LaBant-schnig took to the podium.

“Ladies and gentlemen, 23 percent of Missourians go to bed hungry and most of them are children and the elderly,” LaBantschnig said. “I am humbled and grateful for this proclamation, but it’s not about me. It’s about the food pantries and the hundreds of people who work for the pantries."

When it came to the proposed smoke-free workplace ordinance that has been on its agenda for more than a month, City Council members began dissecting 10 points that were previously questioned, items that divided the council regardless of smoking habits. Also, there still is division among members whether the issue should be put to voters.

It was at that point, the council began the dissection of 10 parts that drew criticism of the proposed SAFERolla ordinance presented by Jason Sharp last month. Sharp is the oncology director at Phelps County Regional Medical Center.

The points:

• Sec. 4(A) - Council voted 6-to-1 to allow businesses to have a detached smoking area.

• Sec. 5 - To prohibit smoking in private clubs. Council voted 5-to-2 to ban smoking in private clubs where workers are paid. However, clubs where workers are volunteers — where persons were there of their own accord, this could be permitted.

• Sec. 7 - Prohibit smoking 20-feet from entrances. The Council struck this down, saying as long as persons were outside, a predetermined distance from entrances was neither enforceable nor needed.

• Sec. 8(A) - What if residences hired a maid or baby sitter, would smoking be illegal. Council struck this down as residences would be exempt, regardless of whether there was a worker there.

• Sec. 8(B) - Smoking rooms for hotels be limited to 20 percent of total. Council agreed to this, specifically stating a hotel could not build an addition and exceed the 20 percent smoking-room total.

• Sec. 12(D) - Enforcement by the Health Department would be mandated. Also, if the Fire Department while doing a safety inspection noticed infractions, it would be charged with notifying the Health Department of the infraction. The council was adamant RFD would not become the enforcer.

• Sec. 13(E) - What constitutes abatement? On this requirement, Health Department Director Jodi Waltman took to the podium and explained a process that could include expense for the offender after counseling and other steps.

• Sec. 14 - Ability to dictate to Health Department (by contract only). The city would work through the Phelps County Commissioners to determine fees and penalties by contract.

• Sec. 17 - The council took exception to the wording “liberally construed” and sought a definition in the contract. The council voted 6-to-1 to strike the wording from the proposal.

• Consider exceptions? Focus on food establishments? Bars? Bowling alley? After an already lengthy discussion, the council elected to put off a decision on this matter.

Although during the Open Communication session of the meeting that followed, Michael Greenway, owner of “The Grotto,” at 1105 N. Pine St., asked council members to exempt bars. Greenway said only four establishments in town truly qualified as bars, naming expressly, “The Grotto,” “The Locker Room,” “T.J.’s,” and “Bruno’s.”

“I feel comfortable to say we are unified in our fear that this will have an adverse effect on our businesses,” Greenway said.

Among other action, the council unanimously approved the resolution to support Proposition 911 for the April 6 election that would add a one-quarter of 1 percent sales tax to fund 911 service in Phelps County.

Ward 4 Councilman Monty Jordan asked and got support for a public forum at the March 15 meeting.