HomeMy WebLinkAbout2007-01-11 Special Meeting MinutesMINUTES OF THE
JANUARY 11, 2007, COMMITTEE OF THE WHOLE
OF THE VILLAGE OF MORTON GROVE
RICHARD T. FLICKINGER MUNICIPAL CENTER -COUNCIL CHAMBERS
6101 CAPULINA
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice as provided by the Illinois Open Meetings Act, the Special Meeting was
called to order at 7:00 pm by Village President Richard Krier.
Clerk Fritzshall called the roll. In attendance were:
Elected Officials: Mayor Richard Krier, Trustees Georgianne Brunner, Rita Minx, Dale
Senensky, Dan Staackmann and Clerk Carol A. Fritzshall
Absent: Trustee Roy Kogstad and Trustee Dan DiMaria
Village Staff: Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman
Liston, Fire Chief Tom Friel, Police Chief Paul Tasch, Finance
Director/Treasurer Daniela Partipilo
Guests: Reporters from the Morton Grove Champion, Bugle and Chicago
Tribune and approximately 25 residents
President Krier stated this meeting was a Committee of the Whole for the sole purpose of discussing
the Village's proposed amendment to the smoking ordinance. A draft ordinance has been posted on
the web site and was distributed to Board members. The Mayor stated no formal action would be
taken at this evening's meeting. Mayor Krier gave a brief history of the Village's research and request
for input as to this regulation. The proposed regulation is not as strict as the Village's Environmental
Health Board which asked for a total ban on smoking, and was deemed to be overly restrictive by
several bar owners.
Mayor Krier then asked for and received comments from the following members of the audience:
Ann North, a village resident, stated tobacco was not illegal and over 40 million Americans were
smokers. She wished to preserve the environment where people can make their own decisions and
thought a complete ban went too far. She favored allowing business owners to choose whether they
want to allow smoking or not.
Harold Cohon, a village resident, stated smoking was a public health issue but government should also
care about individual freedoms. He proposed the Village remove restrictions on banning outdoor
smoking, allow smoking in taverns to be defined as a place where 65% of the business was the sale of
alcohol, and suggested restaurants be exempt so long as they have a separate smoking section with
separate heating and cooling systems. He further recommended smoking be allowed in bowling alleys.
Al Hannah, an owner of a local business, Bellacinds, stated during the day he owned a restaurant
where smoking is not allowed. At night, his business is a hookah bar which probably would be
permitted; however, if he is not also allowed to sell food and alcohol he would be put out of business.
Eric Poder, a village resident, suggested the Village grandfather current establishments and agreed a
referendum needs be placed on the ballot to ascertain the sentiment of the public on this important
issue.
Patrick Kansoer, a village resident, stated unless the Village is willing to implement a total smoking
ban, it should let businesses decide on their own whether or not to permit smoking. He pointed out
certain national restaurant and hotel chains have gone smoke free. He noted guns are a legal product
but Morton Grove prohibits the ownership of handguns.
Bill Lucksha, a village resident, noted his support for a total ban. He stated the village officials' job is
to protect and that the Commission on Environmental Health submitted a detailed study. The
Commission is comprised of doctors and an elite group of people. Mr. Lucksha presented experts from
the American Heart Association and noted 24% of the country is smoke free.
Mayor Krier then read a letter from Laura Frisch, a Morton Grove resident, who supported a total
smoking ban.
Raoul Smoczynski, Chairman of the Environmental Health Board, noted it was very expensive to have
smoking sections in restaurants. He noted people who smoke forget about the rights of people who do
not smoke.
Christopher Arns, a village resident, favored a total smoking ban and stated it is a public health issue.
He opined the economic loss aspect has been overplayed and noted the Village has already lost
restaurants due to the TIF District. He suggested the village ascertain the total dollars at risk due to a
smoking ban.
Jim Rienke, a village resident, noted two restaurants and two bars in Vernon Hills closed within two
months after that municipality imposed their smoking ban.
Nancy Lanning, a village resident sited she could see both sides but noted her sister has lung cancer
and they can not go into any restaurant where smoking is allowed.
Mayor Krier asked Mike Cummings for the definition of a restaurant. Mike Cummings stated
according to his insurance agent it is an establishment where 60% or more of its sales are derived from
alcohol.
Mayor Krier then asked for Trustee comments:
Trustee Brunner noted a smoking ban started out as a workplace issue not as a health issue. She
further noted many other communities in Cook County needed to enact a smoking regulation ordinance
so they do not fall under the Cook County ban. Morton Grove is exempt from the Cook County ban
because it passed a smoking regulation ordinance in 1988. She reported on how other communities
were addressing the smoking issue and reported on a survey conducted by the Village of Skokie as to
the economic impact on smoking bans. She noted the report was inconclusive whether a smoking ban
would have an economic impact. She stated the Mayor and Trustees were elected to make decisions
for the public and a referendum was not needed. She further noted the current act was progressive at
the time but was in need of revisiting. She favored a requirement that employers disclose the fact that
their facility is a smoking facility to its employees. She also suggested that vehicles of public
conveyance be removed from the definition of pubic places. She asked for clarity as to the impact of
this ban on the Legion and a clarification when the smoking ban would be effective in private
residences (all day or only when business activities were taking place).
Trustee Staackmann stated he thought the Committee of the Whole was very productive. He asked for
clarity on the definition of a private club and questioned whether the village should be encouraging
hookah bars. He also asked for the village to consider offering incentives for businesses that
voluntarily implement a smoking ban.
Joe Hedrich, a resident, stated the Legion should be exempt from a smoking ban because it is a private
club and because the Village agreed to allow smoking in the Legion's private places when it purchased
the American Legion Memorial Civic Center.
Trustee Minx concurred the Legion should be exempted from the smoking ban and wanted the ban on
private homes to exist only during business hours. Trustee Minx wanted to include restaurants as
exempt so long as it is separate and a separate ventilation system is constructed. She also requested a
timeframe be set for this construction.
Trustee Brunner suggested the village use Mt. Prospect as a model.
Trustee Minx stated signs should be posted on the exterior of all smoking establishments and the
definition of a bar should be "an establishment that sells more than 50% of its sales comes from the
sale of alcohol".
At the request of Mayor Krier, Building Commissioner Hildebrandt reported on the feasibility of
creating smoking barriers in restaurants. Mr. Hildebrandt stated today's technology with HVAC
systems cannot totally eliminate second hand smoke but partitions, if done right, could be built to
separate smoking from non-smoking sections. However, these systems would be quite expensive.
Trustee Brunner stated places of employment should be modified to places where the public is not
allowed. She suggested the effective date of the ordinance should be six months after passage.
There being no further business, Trustee Minx moved to adjourn the Committee of the Whole at 8:58
pm. The motion was seconded by Trustee Brunner and passed unanimously via a voice vote.
Minutes by: Carol A. Fritzshall, Village Clerk
legis~minutes~specialmeetingminutes.O 1-11-07