Cayce City Council holds public hearing to discuss smoking ban

Roll call

The October meeting of the Cayce City Council was called to order just after 6 pm, Tuesday, January 5, 2010, by Mayor Elise Partin. In attendance were Partin, James Jenkins, Kenneth Jumper, Rick Myers, Steve Isom, City Manager John Sharpe, and Assistant City Manager Tammy Barkley.

Public hearing

Mayor Partin opened the public hearing by announcing the floor was open to public testimony in regards to the proposed smoking ban ordinance to be discussed by Cayce City Council. David Murray, a Cayce resident of 30 years and a local business owner of 18 years, spoke first stating that he was not there as a promoter of smoking but that his concern with the proposed ordinance was the timing and lack of collaboration between the City of Cayce and the City of West Columbia. As the owner of Murray's Bar and Grill, Murray asked that Council table discussion until given the opportunity to talk to their counterparts in the City of West Columbia.

Tommy Howard, who ran Howard and Howard Sports from 1977 until 2000, agreed with the notion that West Columbia should come on board. With the County on board, Howard said, the cities should follow suit.

Dr. Katie Wynne, a health consultant who works at DHEC, told Council that she fully supports the City of Cayce collaborating with the City of West Columbia, adding that “the right to breathe always trumps the right to smoke.”

A number of other residents and spokespersons commented, representing DHEC, “Rise Above It,” the Regional Lung Association, the South Carolina Cancer Alliance, and the Lexington County Council. The director of the South Carolina Tobacco Collaborative also spoke and presented Council members with 300 signatures gathered in the span of one hour during the Cayce Parade of Lights. The signatures represented 300 Cayce citizens who are currently satisfied with Cayce without the enactment of a smoking ordinance.

Chris Kueny, owner of Sub Station II on Knox Abbott Drive, reminded Council members that a smoking ordinance is meant to protect the workers and not to take away personal freedom.

Following testimony, the public hearing was adjourned.

Regular Council meeting

Partin called to order the January Regular Council Meeting of the City of Cayce at 6:51 pm. Jumper led in the Invocation and Pledge of Allegiance.

Minutes of the November 23, 2009, special meeting were approved. Minutes of the December 1, 2009 regular meeting, with changes. Both motions passed with unanimous consent.

Presentations

The presentation of the Ambassador Award was given by Jenkins, with the help of Partin, to Nancy Coles who turned 92 September 28, 2009, and has spent much of her life giving back. For 12 years, Coles volunteered at the VA Hospital and she also worked at the Lexington County Extended Care Facility exhibiting “quiet dignity and Christian ways.” For all of this and more she was awarded for being an ambassador of good will.

Jeff Lawhon, a 15 1/2 year employee of the City of Cayce, was awarded the Employee of the Quarter Award. Partin thanked Jeff, in his absence, for all of the hard work he has done for the City.

Partin presented the Decorate Cayce Contest Awards, sponsored by the City of Cayce Beautification Committee. For the residential awards, Overall Lights was given to Alice Creech, first place and Kevin Poole, second place; Overall Creativity, John Hiot t, first place, and Robert Varn, second place; Overall Theme, Becky Baxley, first place, and Charles Gantt, second place. For the Business Awards, Twi light Manor was awarded first place and State Farm second place.

Chr is tina Hul slander prsented the Treasure Tree Awards to the City of Cayce for the Laurel Oak Trees in Sunnyside Park. Out of 14 awards presented, the City of Cayce was the recipient of two.

Ordinances

With no one being signed up for public comment, Council moved to the approval of a resolution stating opposition to H.3272, the Point of Sale Bill. Ed Schafer with the Municipal Association was present and briefly spoke on the issue. The Council then made the decision to take no action.

The Council began discussions regarding the approval of and ordinance amending the Cayce City Code to add a new Chapter 35 regarding smoking in places of employment on first reading. Jenkins made a motion to pass with the recommendations made by the city manager to substitute with the revised ordinance provided by Ci ty Attorney Danny Crowe just prior to the Council Meeting. Jumper seconded the motion commenting that there “needs to be some changes made on second reading” and noted that Council “need(s) to think about this a little more before we have final reading.” Discussion continued on the ordinance, leading Jumper to make the suggestion that Council postpone passage of this ordinance until February. Isom commented that he would like to give positive incentives to restaurant owners who opt to go non–smoking rather than forcing, by City Ordinance for them to do so. Myers, as a compromise, suggested Council pass a resolution encouraging citizen and businesses to become nonsmoking and then maybe, if there is still a need, Council come back and draft an ordinance. The motion was put to a vote and with a vote of 3–2, the motion passed, with Isom and Myers voting against it.

An ordinance to amend Chapter 2 regarding expenses of Council was approved on second reading with a vote of 5–0 in a motion made by Isom and seconded by Myers.

Other business

Council discussed the appointment of Myers as a representative of Cayce before the Gills Creek Watershed Association. This gives Myers the ability to attend Gills Creek Watershed Association Meetings and speak on behalf of Council. Council voted unanimously in favor of this.

A bid award for the asbestos material removal and remediation of a utilities compound purchased by the City of Cayce at 1972 Old Dunbar Road was accepted.

Jumper made a motion, seconded by Isom, to approve the low bid for the purchase of a new trailer sewer jetter unit. This bid came in lower than budgeted, and the motion passed unanimously.

The approval of committee minutes from the November 10, 2009, Beautification Board meeting, the December 14, 2009 Planning Commission Meeting, and the December 15, 2009 Cayce Housing Authority Meeting was done in a motion made by Jumper and approved unanimously.

Council looked at the committee recommendations of the Accommodations Tax Committee and discussed a funding limit for all sports related tournaments. Myers made a motion to approve $2,500 for an upcoming event and recommended that all sports related tournaments be given a maximum of $2,500 from the Accommodations Tax Committee. The reason for capping the amount of allowable funding is to focus on advertising for events that bring business into the City of Cayce and to make sure money from local businesses (accommodations taxes) is used with the goal of putting money back into local businesses. This motion passed with a vote of 5–0 from Council.

Two positions, one to the Accommodations Tax Committee and the Cayce Historical Museum Commission, were before Council for approval. With a vote of 5–0, these positions were filled.

Following the city manager report, Council adjourned at 8:48 pm.