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Courier-Gazette Digital Edition

Still no smoking ban for county
By Donna Comella

Supervisor Frank Guelli of Walworth made note Tuesday of a list of about 500 residents who had written to support the county's proposed smoking legislation.

Guelli has been in the forefront of the fight to ban smoking in places such as restaurants, bowling centers, etc. But he has held off on putting the law to a supervisor vote, for fear he lacks the support of the board's weighted vote. (Each of the 15 supervisors carries a vote based on the population of his/her town. Votes range from Dominic Bartucca's Arcadia vote of 610 to 83 for the sparse population of Savannah, represented by Don Colvin.)

Guelli has bided his time, hoping to gain strength, but, Tuesday, Lyons Supervisor Jim Fabino made a move that would put the vote on hold for a year. Fabino offered what he called a compromise - a proposal to postpone legislation and, instead, launch an "aggressive anti-smoking education effort."

Fabino's plan would appropriate county funds for the educational campaign, while restaurant owners would be given a year to comply with the proposed law. If the business owners do not comply, they would be required to contribute funds to the education plan.

The law would prohibit smoking in such public places as Bingo halls, billiard rooms, barber shops, restaurants without bars, etc. The law is expected to again be the topic of debate at next month's board meeting. (Click here to read entire law.)

After the meeting, Bartucca said he is undecided about his vote. "Every day there are more rules and more regulations. I support a ban in public places, but it is not up to us to dictate to private business."

Bartucca says that as long as there is a state law that protects citizens from second hand smoke in public places, then business owners should be allowed to set their own policy.

"If people complain, then I think restaurant owners will accommodate. They don't want to lose your business."

It is also Bartucca's opinion that the law is discriminatory and may open up the way for lawsuits. And as far as Fabino's proposal, Bartucca says it's not a compromise, it only delays the action.

Bartucca said there have been maybe 100 letters sent to his Arcadia office, but says they're running about 50/50 for and against the law.

In other business, supervisors:

  • Greeted New York State Police Captain Donald Swain for his annual "courtesy call." Bartucca thanked the Captain for the recent use of the SP helicopter to investigate logjams on the Ganargua. Swain said that others should feel free to ask for such assistance. He said that another municipality had used the helicopter to determine damage from the Labor Day storm last year. Fabino had thanks for the SP, too - he thanked them for moving to Lyons. There will be an Open House at the new Lyons barracks on June 26.
  • Made the following appointments to the Wayne County Planning Board:
    - James Fagner, Budd Rd., Newark to fill expiring term of John Benzel. Fagner's term runs May 1, 1999 to April 30, 2002.
    - Russell Waeghe, Garner Rd., Wolcott, to fill vacancy by resignation of John Crane, office expiring April 30, 2000
  • Confirmed the appointment of Newark Police Department's Juvenile Officer Gary Verstraete to the Wayne County Youth Board.

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