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HomeMy WebLinkAboutVILLAGE BOARD - 02/27/2006 - SPECIAL MEETING/SMOKING/TOBACCO MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS HELD AT THE CHARLES J. ZETTEK MUNICIPAL BUILDING, 901 WELLINGTON AVENUE ON MONDAY FEBRUARY 27, 2006 Mayor Craig B. Johnson called the meeting to order at 7:33 p.m. 1. ROLL CALL: Present: Mayor: Craig B. Johnson; Trustees: Nancy J. Czarnik, Bart K. Dill, Patton L. Feichter, Samuel L. Lissner, James P. Petri, Chris Prochno Also Present: Village Manager, Gary E. Parrin; Village Attorney, George B. Knickerbocker; and Village Clerk, Ann I. Walsh A quorum was present. 2. PLEDGE OF ALLEGIENCE BUSINESS Mayor Craig B. Johnson stated the issues to be discussed were as follows: Smoking Restrictions in Public Areas and the Work Place Sale of Tobacco Products in Elk Grove Village Opening Statement - Two previous committee meetings have been held regarding these items – one with the Board of Health in conjunction with the JPZ Committee, and the other before the JPZ Committee. These meetings were open for public comments, questions and views. Mayor Johnson said the Board would not participate in discussion or make a decision regarding these issues this evening. The Board will discuss all information gathered, thus far, at the Tuesday, February 28, 2006 6:00 p.m. Committee of the Whole meeting which will be televised on Channel 6. No public comments will be allowed at the Committee of the Whole meeting. The Mayor asked each person who wished to speak tonight not to debate, not to be repetitive, to treat the Board and audience with respect, and said each person could only address the Board once. Mayor Johnson said there are a lot of different ideas being presented that have been very informative to the Board. It is the time for citizens to present their concerns. The Board understands there are concerns. The speakers were asked to approach the podium and to print their name and address for the record. The Mayor stated once more that the public is invited to attend the Committee of the Whole meeting but will not be allowed to speak. AUDIENCE Larry Tidrick, 640 Burgundy Ct., spoke of the constitutional rights of the people, the powers given to the government in the constitution, and stated the smoking bans would reduce the rights of the citizens and business owners. William Shannon, 313 E. Higgins Road, asked the Board to consider how the bans would affect Elk Grove business owners, discussed Freedom of choice and over regulation of individual rights, and requested the Board be creative and consider smoking cessation solutions. Mr. Shannon expressed opposition to a ban and said if the ordinance is adopted it will not stop people from smoking. He talked about monies not yet used by the state that have been set aside for smoking cessation programs. It was suggested a committee be formed of those people who will be affected to work towards a fair and equitable solution and not rush into a decision. (Mayor Johnson said the monies mentioned have been used by the State to fill in the State’s budget gaps.) Dan Vincent, 1544 California, a non-smoker and non-business owner, expressed his support of a smoking ban in public areas and opposition to a ban on the sale of tobacco. (Mayor Johnson interjected that the Village gets approximately $20,000 and $25,000 a year in revenue from the sale of cigarettes and tobacco products. There are 43 businesses licensed to sell tobacco in the Village.) Kim Kemper, Winfield Illinois, represented the three Exxon businesses in Elk Grove Village and expressed opposition to the ban on tobacco. There was a concern for the viability of those businesses and the impact a ban on the sale of tobacco would have on each location. Discussion ensued with respect to taxes paid by Exxon. Matt Thornton, President of Thornton Inc. stated his business has been at Devon and Elmhurst Road for ten years and expressed opposition to the smoking ban and a ban for sale of tobacco and respectfully asked that the Board vote against the ban. (Mayor Johnson asked if he would be agreeable if the Village were to increase tobacco license fees and earmarked the monies towards smoking related issues. Mr. Thornton said they would talk about anything that would keep them in business.) Ashok Gandhi, owner of Quick Stop Food Pantry 1193 Biesterfield Road, expressed his opposition to a ban and discussed the negative affect a ban would have on his business. Jeffrey Smith, 201 Banbury, opposed the ban and said government should not get involved and let the market dictate. He spoke of the impact to the businessmen and their families. Ruthe Porter, 33 Evergreen Street, talked about the loss to business in other States who have banned smoking and expressed her opposition to the ban asking the Village to let people decide. Dr. Al Mariano of Alexian Brother Medical Center, Chairman of the Department of Surgery and Medical Director of Surgery Services, supported a ban even though it would have an economic impact. There are an increasing number of cases of cancer due to smoking and second hand smoke. Smoking and secondhand smoke is harmful and we must move in a different direction. He supported the proposed bans. Margaret Laney, represented the one BPAmerica station located at Devon and Wood Dale Road noting a significant investment was made to the station in 2001, employs 22 employees, and has sold only legal products and follows all laws. Cigarettes represent 60 to 70% of their sales and a ban would affect the viability of the business. Steve Smith, 450 Atlantic Lane, thanked the Board and Mayor for the opportunity to share their opinions and expressed his support of a ban of smoking in restaurants and public areas. He was not personally against smoking but however, believed it was time to reduce the impact of second hand smoke in the community. Kevin Parks, 54 Woodcrest, was opposed to the ban and talked about the impact on businesses. Dean Roeing, 1248 Carlisle expressed his opposition to both proposed bans. Dr. Ed Diamond of Itasca, Medical Director of Alexian Brothers Health Network and President of Suburban Lung Association, addressed the Board to talk about second hand smoke as a known cause of cancer in men and women. Support of a ban was expressed. Michael Conidi, (Lake in the Hills) is employed in Elk Grove Village and noted he is a non-smoker and knows smoking is not healthy. He stressed that banning smoking would not be fair to the businesses. He asked postponement of a decision to use the time to educate and help people stop smoking and stated he was opposed to banning smoking and sale of tobacco. Angela Koshaba, 1124 Lancaster, 24 year resident of Elk Grove Village commented the ban on smoking would impact businesses, her restaurant choices, and that it should be the choice of the people. Duncan Kramer of Arlington Heights Illinois, suggested a tax credit be offered to business to go smoke free rather than making the choice for them. He was against the ban on the sale of tobacco and felt it to be oppressive. Gary Gupta, owner of Easy Pantry, resident of Elk Grove Village, opposed the ban and asked not to take rights away. Fred Renzetti, 326 Forest View, commented that the issues are two very separate issues. Since tobacco products are legal, businesses should be allowed to sell them. He spoke of the negative affects of second hand smoke and that laws are needed to protect the non-smokers in public areas. He supported a ban in public areas. Manny Claudio MD, a retired physician and Chairman of the Board of Directors of the American Lung Association of Metropolitan Chicago, addressed the board to lend a voice in support of an ordinance banning smoking. It was noted second hand smoke is known to cause cancer and that the Chicago Land area must limit exposure of second hand smoke which kills 53,000 non-smokers each year. Jeffrey Snyder, 1901 Albany Court, opposed any restrictions and stated it would be bad for the businesses in the Village and the State Law should govern control. (Mayor Johnson announced the Police Department recently conducted a check of all the business with liquor licenses and stated there was 100% compliance with the mandatory I.D. ordinance.) Robert Tobiasz, representing 7-11 Stores, commented that no one debates smoking is unhealthy, but that a ban would ruin the businesses that are owned by individual franchisees and he was opposed to such a law. Joel Africk, Chief Executive of the American Lung Association, spoke on behalf of the smoke free ordinance. He stated the real way to tell if business is affected is to look at sales, the head count and number of establishments. It was explained that Wilmette recently went 100% smoke free in November 2003 and the number of eating and drinking establishments went up, the sales tax paid by those establishments increased and no report in a loss in head count. He stated that it did not affect economic growth in smoke free California, Wilmette or New York. He spoke of the dangers of second hand smoke and stated it is a real problem and a danger to others. The American Lung Association does not have a policy against sale of cigarettes but if the Village chooses to ban the sale they would support anything that will make the community smoke free and reduce the numbers of lung disease. Ken Dubinski, 281 Mimosa Lane, quoted information he found on the Philip Morris, Inc. web site that encouraged people to quit smoking and gave smokers information on the dangers of cigarettes. Mr. Dubinski applauded the Board and stated support of the ordinance. Rick Cotini, 554 E. Devon Avenue (Ringside Sports Bar and Sue’s Diner) stated the Diner is a non-smoking establishment but 50% of the cliental at Ringside are smokers. Mr. Cotini told of various businesses in Skokie and in Washington State he contacted that had to make adjustments because of the smoke free laws and expressed opposition to an ordinance in Elk Grove. Mitch Gora, 604 Bristol Lane, talked of various reports critical of the studies made on the negative affect of second hand smoke. Mr. Gora had previously delivered this report to the members of the Board. Mr. Gora noted he was opposed to adoption of a ban against smoking in public areas and a ban on the sale of tobacco. Don Kontos, 1170 E. Higgins (owner of Lively Liquors) asked for negotiation and stressed how the ban would affect the lives of those business owners. Mr. Kontos asked for compromise and