April Burbank

Free Press Staff Writer

Burlington's Church Street Marketplace will prohibit smoking, following a vote from the Burlington City Council on Monday and support from Mayor Miro Weinberger.

Councilors expressed concern about the health effects of secondhand smoke, though a few wondered whether the new ordinance would be too restrictive. The ban passed by an 11-3 vote.

The measure prohibits the use of lighted tobacco products, as well as "tobacco substitutes" like electronic cigarettes, at all times on the Church Street pedestrian walkway between Main Street and Pearl Street. A first violation carries a $50 fine; subsequent offenses after a warning will be fined $100.

It was unclear what date the new smoking ban will take effect. City Attorney Eileen Blackwood said Monday night that she was looking into the question.

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Prior to the vote, councilors heard a public forum dominated by supporters of the proposed smoking ban.

Joe Harig said he likes to visit Speeder and Earl's Coffee on Church Street with his wife every Sunday.

"We can't sit for a 10-minute span without gagging on someone else's secondhand smoke," Harig said. "I start to get a headache, I start to get a sore throat, I start to get a tad bit irritable."

"In my opinion, a vote against this ordinance is a vote for Big Tobacco," said Eli Lesser-Goldsmith, a member of the Church Street Marketplace Commission, which unanimously supported the Church Street smoking ban.

City Councilor Jane Knodell, P-Ward 2, was one of three councilors who opposed the measure, with Kurt Wright, R-Ward 4, and Max Tracy, P-Ward 2.

"It does send a message that smokers are not welcome on the Church Street Marketplace," Knodell said. "I think it will reduce the diversity of people who feel like the Church Street Marketplace is a place for them, too."

Wright called the smoking ban "more a solution looking for a problem."

City Council President Joan Shannon, D-Ward 5, spoke personally about secondhand smoke on Church Street.

As someone with asthma, Shannon said smoke makes it difficult for her to sit outside at a Church Street cafe. Banning smoking would target behavior, not people, she said.

"I want to be able to enjoy the marketplace," Shannon said.

Also during public forum, several people spoke in favor of banning smoking in city parks — a separate resolution considered by the City Council for the first time on Monday.

"One's right to clean air supersedes anyone's right to smoke in a public park," said John Bossange, a member of the Burlington Parks and Recreation Commission.

The City Council ultimately voted 13-1 to send the idea of banning smoking in city parks to the Ordinance Committee for further discussion.

Gas sales proposal fails

The Burlington City Council sided with Mayor Weinberger and Public Works Director Chapin Spencer as they shot down the idea of opening city gas pumps to customers.

The resolution, sponsored by four Progressive councilors, asked the city to explore the feasibility of selling gas at the Public Works Department building gas pumps on Pine Street.

Such a move, the councilors reasoned, could create competition and combat gas prices that are consistently higher in Burlington than in other parts of Vermont.

"I don't like gasoline," said Councilor Rachel Siegel, P-Ward 3. "But I do think it should be sold at a fair price."

Spencer, the Public Works director, had written in a memo that selling gas would require significant city investment and would likely disrupt crucial city operations at the Pine Street site.

"I think that they were looking for reasons to say no," said Councilor Tracy, P-Ward 2, the resolution's lead sponsor.

Councilors took Spencer's memo as an authoritative word and said no other feasibility study would be necessary.

Councilor Karen Paul, D-Ward 6, said she was also concerned that selling gas would be too reminiscent of Burlington Telecom, the city-owned Internet, cable television and phone utility that led to major financial challenges for the city's funds and credit rating with Moody's Investors Service.

"Even the hint of us exploring a competitive business venture would send a message to Moody's that I don't think any of us really want to send," Paul said.

"Are we at some point going to look at groceries and say, 'Gee, maybe the city ought to go into the grocery business next?' " said Councilor Wright, R-Ward 4. "I think the city should stay out of this business."

In response to the criticism, Councilor Tracy asked for other ideas for dealing with high gas prices. Councilor Tom Ayres, D-Ward 7, suggested that perhaps Burlington residents could explore a co-operative model for gasoline purchasing instead of having the city get involved.

The gas sales resolution failed, 7-3. Councilors Knodell and Chip Mason, D-Ward 5, had recused themselves from voting; Councilor Dave Hartnett, D-Ward 4, was not present at the vote.

Contact April Burbank at (802) 660-1863 or aburbank@freepressmedia.com. Follow her on Twitter at www.twitter.com/AprilBurbank