Published: August 19, 2008 11:52 am            

Decision on New Albany smoking ban expected Thursday

Weeks of debate will come to a head Thursday evening, when the New Albany City Council is scheduled to take the final two votes on a smoking ordinance that would ban the practice in all public establishments.

The ban narrowly passed during the first August meeting by a count of 5-4. Ordinances require three votes, with at least two of them being affirmative in order for passage.

The ban will go into effect 60 days after the final reading if passed by the council.

While there was some discussion of changing language in the ordinance during the last council meeting, the measure still stands to include private clubs and bars.

Councilwoman Diane McCartin-Benedetti raised concern over part of the ordinance that bans smoking within 20 feet of an entrance to a public establishment.

She said that would eliminate patios and outside smoking areas for many businesses.

Councilman Bob Caesar, who introduced the ordinance, said at the previous meeting he would be willing to look at some of the language for possible changes.

A phone call to Caesar had not been returned as of press time.

Council members Jack Messer, Steve Price, Kevin Zurschmiede and Benedetti voted against the ordinance on first reading, but at least one has said they would compromise.

While speaking at the 40 & 8 club last week, Messer said allowing smoking in bars and private clubs would be middle ground he could agree on.

“I promised I would vote for it if bars and private clubs are excluded from the ban,” Messer said.

Councilman John Gonder defended his vote in favor of the ban in a recent post on his blog Web site.

Gonder wrote that the people the ordinance is written to protect may not have much of a voice in the proceedings, but they still deserve representation.

“I took an oath to which I interpret to, among other things, protect the health of the citizens of New Albany,” Gonder wrote.

The councilman went on to call the smoking vote the toughest he’s had to cast since joining the council.

If the council passes the ban the last hope for those opposed would be Mayor Doug England, who could veto the action. It would take a vote of 6-3 to overturn a possible veto, but England has not declared his intentions publicly regarding the council’s vote.

If it does happen, it would be England’s first veto of council action since taking office in January.



OTHER COUNCIL BUSINESS

• Council members will vote on a resolution Thursday to transfer $50,000 from the Riverboat Fund to the police department to pay for expenses to establish a tow-in lot. The department has already agreed on a lease with the option to buy agreement for property on Ind. 111 to be used for a storage lot of impounded vehicles, bicycles and other items. Officials say the tow-in lot could lead to more revenue for the city, since they won’t have to pay other towing services for storage.

• The council is also scheduled to vote on the second and third readings of an ordinance establishing new permit fees for businesses. Some of the fees listed have not changed in more than 30 years according to Ron Carroll, financial adviser for the city. The ordinance passed unanimously on first reading.

• There will be a public hearing at 7:15 p.m. just before the council meeting to discuss the establishment of an economic revitalization area for Urethane of Kentuckiana, Inc.

        

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