Action postponed on City's No Smoking Ordinance

Because of the absence of one Fulton City Commissioner, during regular session Feb. 24, Mayor David Prater suggested, and the Commissioners present agreed, to postpone action on a proposed No Smoking ordinance for the city’s public businesses.

That action, however, came following a number of citizens addressing the officials on the topic.

First to speak was Fulton resident George Frazier, who first stated he was an engineer and for 39 years, most all of his professional responsibilities pertained to air quality.

He suggested the air quality testing, to which the proposed ordinance could be tied, was “fatally flawed” and questioned whether qualified people conducted the testing “done in secrecy” without making any businesses tested aware of the procedure.

Frazier contended neighboring communities which may have enacted a ban on smoking possessed a larger customer base than most businesses in Fulton, and the prohibition of smoking in the city’s businesses could actually harm their business.

Frazier said he knew of two civic organizations, the Lions Club and the Rotary Club, whose members held meetings each week at The Keg in the private dining area and there was never a complaint of issues with smoking in the bar area of the restaurant, the only area designated for smoking.

Tracy Pulley, the Family Resources Youth Services Coordinator for Fulton Independent Schools, and key role player in the formation of what is now the Fulton-Hickman Counties Agency for Substance Abuse Police, ASAP, next spoke to Mayor Prater and Commissioners Martha Vowell, Elaine Forrester and Jeff Vaughn, emphasizing the whole council supported the air quality testing which took place in Fulton County, after having been approached by the Purchase District Health Department.

She explained there were health concerns not necessarily directed toward the risk for customers and patrons of businesses which allowed smoking, those who might only be exposed to the second hand spoke for an hour or so, but more about safety concerns for employees who work at those businesses.

“This is a town that does not have a million job opportunities. Those who are working at these places are effected,” she said, adding the contention of taking away rights of those who smoke by prohibiting smoking indoors was not relevant, as smokers could always walk outside and smoke.

Hoyt Moore, one of the owners of The Keg Bar and Grill, where smoking is allowed in the interior bar area, first told the commission, in the bar area he had installed special ventilation units, five of them, at a cost of $700 each. He said he changes the filters more frequently than required, every six months, and each of the units would serve to ventilate a 20 x 20 room, whereas the bar area is 25 x 40 and he has five units.

He said even his bartenders in the bar area, who are smokers have not voiced any complaints, nor have any other employees of the Keg. He said his wife is not a smoker and she chooses to sit in the bar area when dining at The Keg.

When asked by Mayor Prater, whether bar patrons, if not allowed to smoke there, would still patronize the bar, Moore said some would not but he believed most would. He said probably one half of those who frequent the bar area are smokers.

Moore said he had heard that a No Smoking ordinance would enhance tourism in the area, but he believed customer service is what would increase tourism, citing a recent visit to The Keg by a family of seven.

He said they were traveling and were looking for a place to eat, however his waitress staff had gone home for the night. His only option was to offer seating in the bar. Moore said at that time, he asked all the customers already in the bard to refrain from smoking to allow the family time to eat their meal, and the customers obliged.

“I have expressed my concerns. I have no engineering background and no air quality background, but no one can argue that second hand smoke is a problem,” said Mayor Prater., extending his appreciation to those who were in attendance for the meeting and who spoke.

“To allow smoke suppression, I will definitely lose business,” Moore said.

Pastor Robert Drewry said, when addressing the officials, “I think patrons of businesses, restaurants, clinics, department stores, staff and management, they should decide.”

Karastin Hancock, who resides in Fulton County said she s a small business owner and supports the smoke free ordinance.

Hancock said she had researched the approximately number of people who smoked in the county, and found an estimate of 1,600 people, a small demographic she said, than non-smokers.

She urged the commission to consider due diligence to help citizens become healthier and combat the prevalence of drug dependency, smoking and obesity.

Don Lewis next addressed the Mayor and Commissioners, stating he was a smoker and had smoked for 50 years. He admitted while it was not a good choice, it was his choice. He stated smokers were few and far between and that there were already enough restrictions. He said he did not agree with being required to leave his table while waiting on a meal order to be served to his table, to go outside to smoke.

City Manager Mike Gunn then referred the commission to two ordinances, one of which was proposed in 2018 to prohibit smoking in Fulton, which died for lack of a second. That ordinance did allow for business owners to install specialized ventilation system to combat the presence of smoke in the air, in designated interior areas. The other ordinance provided to the officials was an updated version recently drafted, which did not allow for any ventilation systems and simply prohibited all indoor smoking in public access areas as well as in outdoor areas such as bleachers, park playground equipment, etc.

Both ordinances limit outdoor areas of smoking within several feet of an entry way.

“I am not for passing it. They are grown people,” said Commissioner Forrester, expressing her concerns about imposing more and more regulations and restrictions on businesses.

Commissioner Vaughn, himself a restaurant owner, already imposes no smoking in his business. He also added it is his choice to patronize a business which does allow smoking and recently he and his wife had considered going to an out of town restaurant with a large party, but when they realized smoking took place there, they opted for another choice.

“We are regulated enough, It’s up to the owners. I can’t sit in a room with it (smoking). It’s up to you. I recently spoke to a business owner and she said it is making her employees sick and they had to stop it,” Vaughn said.

“I am not ready to vote on this tonight. I would like to have Darcy here. I know how harmful it is. I don’t like regulations. Is that what this is? I am just not prepared to read it and I want to wait on Darcy,” Mayor Prater said.

Commissioner Vaughn expressed his appreciation to those in attendance for the meeting. He urged the small population of citizens to work together to grow the community and not just come to commission meetings for matters of controversy, but work together in a united front to make things better.

In other business, recently hired Executive Director of the Fulton-Hickman Counties Economic Development Partnership Mark Welch introduced himself to those in attendance for the meeting, recalling his last visit before the commission was when he came to announce the city’s receipt of the Governor’s discretionary funds to benefit the city’s streets with paving.

“I am learning a lot and I have a lot to learn,” said Welch, adding “projects are in the pipeline.”

Municipal Orders were approved to authorize Mayor Prater to accept and sign a deed for property at 300 Walnut from Mike Homra, and then o declare that property as surplus and proceed with demolition. Gunn said the city will pay Homra $1, and Homra will pay the city $5,000 toward the demolition. Gunn estimated the total cost for demolition to be $10,000, with the remaining $5,000 to be secured from Code Enforcement funds.

Casey Kirby-Browning was appointed to the City’s Board of Adjustments, and already serves on the city’s Planning and Zoning board.

Kyle Crawford was appointed to the Fulton Tourism Commission Board as a member-at-large, replacing Bob Shelton.

Gunn updated the Mayor and Commissioners on his recent attendance at the Kentucky City Managers’ Convention, and Kentucky League of Cities Night with legislators. He said the retirement system was a hot topic, and House Bill 357 had passed the House Floor, the bill to go on to the Senate, relating to EMS personnel allowed to cross over state lines for employment.

In a matter relating to the city’s finances, Gunn explained when a switch was made for the city’s banking service provider, one CD for the General Fund reserves was not transferred to Security Bank, from The Citizens Bank, in the amount of $100,000. That transfer was authorized Monday night.

Mayor Prater initiated discussion about the recent announcement of the Farmers Market area on Middle Road being closed by Fulton County Transit Authority, which owns the property where the produce vendors had customarily displayed and sold fresh fruits, vegetables and other home grown wares.

The Mayor said he wanted to make sure the public as well as produce vendors knew it was not the city which initiated the closure, however the city would work on securing another location for vendors to continue the Farmers Market. Gunn suggested looking in to possibly locating produce vendors on “Vendor Row” in close proximity to the Pontotoc Community Center.