Foes of proposed indoor smoking ban gave county health board an earful at second hearing last night

By Melissa Hill
University of Kentucky School of Journalism and Telecommunications

The battle between personal freedom and public health continued last night at the open forum held by the Woodford County Board of Health on the latest version of its proposed smoking ban. Although the board had changed the proposal, many residents continue to express their opposition to it.

“It’s disturbing that a small group of people want to get together and tell taxpayers what they can and can’t do in their businesses,” says Woodford County resident David Long. Many residents who attended the meeting shared his opinion, including farmer and liquor store owner Carol McDonald. “If it’s your business, it should be your choice,” says McDonald. “Every business should put up a sign and let the public know if they allow smoking or not.”

Since its first forum, in February, the health board addressed some residents' concerns. Health Department Director Garland VanZant laid out the changes to the proposal but said no final decisions have been made.

The definition of “reasonable distance” from a building entrance was changed from 25 feet to “not less than three feet from any outside public entrance to or open windows of any area in which smoking is prohibited.” Also, of particular interest to Midway and its restaurants, smoking would be permitted on restaurant patios and mandatory “No Smoking” signs will be provided by the health department at no cost to the entities. None of these issues were discussed by Woodford County residents or the board of health at last night’s forum.

Even with these modifications, some residents are still not satisfied with the proposed smoking ban. One Versailles resident and firefighter said, “I feel like I am being treated as a second class citizen because I smoke. I don’t want to live in a society where the government tells us what we can and can’t do.” Liquor store employee Cindy Reed, as well as other residents at the forum, said business people should have the freedom to choose how they want to run their businesses. “Choice is a God-given thing," she said. "I have heart disease and I am still a smoker, but it’s my choice.”

Other Woodford County residents have concerns about fines businesses will have to pay if customers break the rules and say the person or persons violating the smoking ban should have to pay the fine, not the business. As the proposal now stands, enforcement will be on a complaint basis and a person violating the ban would be fined up to $50. A person who owns, manages or operates a public place and fails to comply with the provisions of the regulation will be fined up to $100 for the first violation, up to $250 for the second, up to $500 for a third and up to $1,000 for the fourth and each additional violation within one year from the previous offense date. Some residents say these regulations are too harsh on the businesses because they are not responsible for their customer’s actions.

The exemption of “private clubs,” such as the Versailles post of the American Legion, is also a concern of some residents. Billy Wilson of Wilson’s Pool Room says it’s unfair to exempt certain businesses and not others. Although Wilson is not for the proposed smoking ban, he wants the same rules to apply to every person and every business in Woodford County. “This country’s going to hell,” alleged Wilson as he stormed out of the forum.

The first hearing brought out many supporters of the ban, but the sole supportive opinion last night came from American Cancer Society employee Cindy Young. “I want to thank the board of health for considering this,” she said. “We want to protect the health of workers; second-hand smoke causes cancer and disease. The American Cancer Society applauds you and we are behind you.”

County Judge-Executive John Coyle, chairman of the health board, stressed that no final decisions have been made regarding the ban and said the health board’s goal is to fully and fairly consider the health and economic impact the smoking ban would have on Woodford County residents and businesses. Coyle said the next meeting concerning the proposal will be on May 15 at 5:30 p.m. This meeting will be open to the public to observe but not to participate and a second reading of the regulation could be given and voted on. If it passes, July 1, 2008 would be the proposed effective date of the smoking ban.

Midway Renaissance group takes over art fair

By Emily Zengel
University of Kentucky School of Journalism and Telecommunications

Two Midway organizations have established a much stronger connection, giving hope that both will continue with their successful pasts. But in the town of 1,620, not everyone had the same views about combining a not-for-profit corporation and the Francisco’s Farm Arts Festival.

Midway Renaissance Inc. will now be solely responsible for planning the start-of-summer festival. The decision came during the Jan. 21 city council meeting, where members voted to rescind Midway’s current agreement with Midway College, and transfer the responsibility for the festival to Renaissance.

“It will remain a partnership, really a collaborative effort of Renaissance, the city of Midway, and Midway College,” Midway Renaissance President Randy Thomas said in an interview. “The only thing that’s changing is the oversight responsibility.”

Francisco’s Farm has been a successful, juried art fair since its creation in 2004.

The festival has won numerous awards since its debut. It won the 2004 Enterprise Cities Award from the Kentucky League of Cities. It’s twice been placed among the Top Ten Festivals and Events by the Kentucky Tourism Council and was among the “Top 20 Events” for June 2007 and 2008 chosen by the Southeast Tourism Society. In January, The Kentucky Festival and Events Association presented Francisco’s Farm with its “Best Festival Website” award. To see the site, go to www.franciscosfarm.org.

Christensen said the change in responsibility will not affect Francisco’s Farm.

“I don’t think the festival will change as a result of moving to Midway Renaissance. I think it’s just come home to Renaissance, because it started there,” said Christensen, who is employed by the corporation.

The festival took some time to get ready for the public. According to Christensen, a small committee of Midway Renaissance, the Social and Cultural Action Team, began planning the event with some advice from Mike Stutland, owner of the Artique Gallery in the nearby city of Lexington.

“They decided that an art festival would be a very good fit for Midway, something to engage the whole community, and something of which the whole community would be proud,” said Christensen.

And so far, the festival has engaged a large part of the community.

“We average that better than 10 percent of the community is involved,” said Council Member Charlann Wombles. The city’s population in 2000 was 1,620, so if Wombles is accurate, about 162 people help with the festival.

At the first festival, volunteers outnumbered the artists two to one, according to Christensen. They helped set up booths for the artists, brought them water and helped many other ways as well. In its first year, Christensen estimates that there were 75 artists. Last year’s festival brought in 130.

Christensen and Wombles attribute part of the growth and success of the festival to the way volunteers treated the artists. It seems the festival had some unexpected benefits for the community, especially those involved with the event.

“There’s something about working side by side with people that you may not socialize with, necessarily, year round; but getting to know people who have, for one thing, the common interest: loving the town where you live,” said Christensen.

Midway Renaissance, is an organization that receives funding from the statewide Renaissance on Main Program. Gov. Paul Patton began the initiative as Renaissance Kentucky in 1999; the goal of which was to give financial assistance to small communities for downtown development.

The original agreement made Nov. 27, 2006, between Midway College, the City of Midway and Midway Renaissance said the college was to provide facilities, food service and college employees. The city was to provide a contract with an event coordinator (with the advice of Renaissance), a bank account for event funding, fundraising, and student scholarships.

That agreement and another were rescinded at the council meeting. The new agreement states that Renaissance is responsible for conducting Francisco’s Farm in 2008. New Renaissance responsibilities will also include handling all financial aspects of the event and contracting with the event coordinator, to be paid solely from festival funds. Upon request, the city may provide employees to help before and after the event.

“I think the college is glad where [Francisco’s Farm] can come out from under them because it’s less responsibility for them. I know from the mayor’s standpoint, I feel like it’s the same thing with him. They have more important issues to deal with,” said John McDaniel, who is a director of Midway Main Street Renaissance.

Main Street Renaissance, which is a branch of Midway Renaissance Inc., focuses on the improvement of Main Street.

The new agreement was signed by Thomas and Mayor Tom Bozarth, after a few changes that were made during the council meeting. Council Member Charlann Wombles said the changes made involved the wording of the contract.

“There have been agreements that have had to be developed and worded to suit everyone,” said Wombles.

Wombles added that most of the work on the agreement was done by volunteers. One of the changes made was requested by Council Member Sheila Redmond. She suggested that Renaissance should be able to request, instead of require, assistance from the city. That change was approved.

Redmond originally said she was disappointed about the transfer of Francisco’s Farm to Midway Renaissance, because she wanted to see more people in the community involved than just those in Renaissance.

“It’s not really going exactly the way I think it should go. I’m glad it’s out from under the city,” Redmond said. “But the city is so intertwined with Renaissance, that I question the wisdom of that. But at the same time, maybe it is the way to go.” Renaissance was created by the city, and Bozarth is the corporation’s process agent.

Redmond would like to involve new community members and possibly residents of Lexington and Frankfort as well, because she said fresh ideas can help organizations thrive, and would like to see a creation of open forums.

“People could sign up and say, ‘you know I really think I have some things that I could add to Francisco Farm, and I’d like to be part of that’,” said Redmond.

Although everyone may not be on the same page about the agreement, it seems that people really do love the town of Midway, and want to see it grow and thrive, through Francisco’s Farm, other arts or other avenues all together.

“I would love to see a venue for art education and opportunities for adults, children and the whole community,” said Wombles, adding that she believes Midway residents are very ripe for art education.

Redmond wants one organization to house several kinds of arts projects, and hopes that in the future, something like this may be possible. She originally created the Midway Arts Foundation for similar reasons.

“It started out pretty good. They had a pretty good response and everything,” said McDaniel. But after a little while, he said, “Arts in Midway kind of faded.”

The festival may be an exception to McDaniel’s statement. When asked about her vision for arts in Midway, Redmond said “For all intents and purposes right now, there is no arts in Midway. It’s kind of a failed effort, one that I hope in the future will revive in one sort or another.”

Despite her disappointment in Renaissance’s new responsibilities, she remained positive.

“I think there’s hope for the future, and I think the time has to be right for things, and maybe just the time isn’t quite right,” said Redmond.

But no matter what organization residents become involved with, whether it’s a current one or one that has yet to be created, Christensen gives a good reason for why people do so.

“I think that everyone has a need to be, to contribute and to be involved with other people in the creation of something that they see as a good thing,” said Christensen.

This year’s Francisco’s Farm will be held June 21-22.

Fund-raiser supports Francisco's Farm arts festival

By Emily Zengel
University of Kentucky School of Journalism and Telecommunications

“I like to compare it to Northern Exposure meets Mayberry.”

That’s how singer Billy Hill describes Midway, Ky. It may be a small town, but people from across the globe are drawn to the restaurants and antique stores lining Main Street.

There’s another reason people go to Midway: Francisco’s Farm Arts Festival. It's a juried art event and takes place annually at Midway College. There’s also live music throughout the festival. This year's festival will take place June 21-22.

At a recent fund-raising event in Midway for Francisco's Farm, people were able to see what it's all about. There was live music, a silent auction and an intermission show. Here's a report.

Health board plans to have much lighter limits on outdoor smoking

The Woodford County Board of Health decided last night to scale back its proposed smoking ban, largely to meet the objections of restaurant owners, and primarily those in Midway.

Outdoor smoking at businesses will be limited only to within "a reasonable distance," at least 3 feet from any public entrance. That will keep smokers out of doorways but allow continued smoking on restaurant patios. That was a big issue for Midway restaurants such as The Black Tulip, which has a patio with tables at its front entrance.

Midway Mayor Tom Bozarth, who attended the meeting, said afterward, "I think it's good for us, and I'm happy." County Health Director Garland VanZant said the board plans to have first reading of the revised ordinance next month, a public hearing in April and final passage in May, with the ordinance to take effect around July 1.

VanZant said the board also decided to exclude volunteers of non-profit groups from the definition of "employee," a change sought by veterans' organizations, and to ban all smoking in hotels and motels, instead of requiring designated smoking or non-smoking rooms. VanZant said Woodford County has no hotels or motels. One is planned along Interstate 64 at Midway.

For a copy of the draft regulation, click here.

Midway restaurants, other businesses object to outdoor limits proposed in county smoking ban

By Melissa Hill
University of Kentucky School of Journalism and Telecommunications

VERSAILLES, Ky. -- Many residents and business owners attended last night's forum in Versailles on a proposed smoking ban in Woodford County, including Midway Mayor Tom Bozarth and Bill Van Den Dool, the owner of The Black Tulip restaurant.

One of their main concerns is the provision that would prohibit smoking within 25 feet of outside entrances or open windows. “Twenty-five feet in Midway is a lot," Bozarth said. "If you go out 25 feet, you’re going to be in the middle of the road. This needs to be addressed. It will not work in Midway.”

Van Den Dool’s main issue is his restaurant's patio. He says when the weather is warm, he gets most of his business from people eating, relaxing, and smoking on the patio. “I can understand no smoking indoors, but people on the patio should not have to be asked not to smoke,” he said. Other restaurants in Midway, such as the Holly Hill Inn and Quirk Café and Coffee, have patios.

Bozarth and Van Den Dool were not the only Midway business owners and residents with concerns about the proposal. At a merchants meeting in Midway this morning, many business owners expressed their opinions. Quirk owner Grayson Vandegrift said, “We put a lot of time and money into our businesses and to tell us what we can and can’t do is wrong.” Midway businesses already ban smoking on their own, but not to the extent the county Board of Health has proposed.

Overall, business owners said the ban would be a good thing, but feel the health board, residents and business owners should work out a compromise. Bozarth told them he plans to write a letter expressing Midway’s concerns to County Judge-Executive John Coyle, the health board chairman. Some Midway business owners are petitioning Coyle, saying they want a compromise that would benefit all residents.

The proposed ordinance would prohibit smoking in all enclosed public places and places of employment, including restaurants, bars, sports arenas, and shopping malls, as well as many other public places.

Health Department Director Garland VanZant said in an interview that the health board will meet tomorrow evening to discuss what transpired at the forum. He said the board may send the proposal back to the committee that developed it and ask the committee to meet with restaurant owners and concerned residents to work something out, or could drop it. VanZant said passage of the ordinance would require a first and second reading and a formal public hearing, which probably would not be until May, if then.

Midway can be more than just the town of 1,620

Where is Midway, Ky.? A complete answer to that question should also answer another form of the question: What is Midway?
Why? Because Midway can be more than just the land and people in the city limits. About 2,500 people have Midway addresses because they live in the ZIP code that includes the city, 40347. For example, former Gov. Brereton Jones is often referred to as "a Midway horse breeder," though his home is closer to Franklin County than to the Midway city limits. A HometownLocator.com map of the postal zone appears below. It includes small parts of eastern Franklin County and southern Scott County.

The Census Bureau has a slightly different "definition" of Midway, limited to the boundaries of Woodford County. It is smaller than the ZIP code area, but includes a section east of Pisgah Pike and north of Old Frankfort Pike that is not in the postal zone. Here is the Midway census tract:

Council meeting gives glimpse into Midway's future

By Autumn Harbison, Melissa Hill, Sean Patterson & Monica Wade
School of Journalism and Telecommunications, University of Kentucky

Midway’s City Council meeting Tuesday night gave a glimpse into Midway’s future. The proposed Midway Station development and changes in an annual art fair dominated the meeting, but the council also discussed the proposed Woodford County smoking ban and a journalism experiment with the University of Kentucky.

Change is coming to Midway and Anderson Communities is the catalyst. The Midway Station commercial and residential development being planned by the Anderson company would bring 700 new residences to Midway, said Bob Rouse, right, the Midway representative for the Woodford County Economic Development Authority.

That would slightly more than double the number of residences the town currently has, according to the U.S. Census Bureau. "That’s what Midway is all about, bringing people in, and I think this will do that,” said Rouse. “This community is going to change.” He assured the council that it would not be a sudden change, but that the plan would unfold throughout the course of 10 years.

The authority has signed a contract to sell the property, contingent on a zoning change. Rouse said it also depends on the permission of the four companies who bought property with the expectation that it would be zoned for industrial use. The rezoning hearing has not yet been scheduled, pending approval from the former property owners, but the most likely date is March 27, Mayor Tom Bozarth said.

The land in question has been the subject of contention lately. It was the intended location for the Bluegrass Stockyards facility that ended up not being relocated from Lexington. Rouse said the four companies "bought into a plan that has since changed," referring to their approval of the stockyard plan. "We need to get them on board before we move forward."

Asked about the proposed zoning change, Bozarth said, "We need to learn more about it and how it would impact the city of Midway. "We have to look at costs and other factors." But he also noted that the city has a lot invested in the property already. “We’ve paid over $700,000 in interest on the property,” he said. “It’s an interesting piece of property that is not paying down like we wanted to.”

Rouse said the project would lower sewer rates and increase tax revenue. He said he didn't know if the project would provide jobs for local residents, but Council Member Aaron Hamilton, who asked him that question, seemed positive about the plan. “I think it will be a good thing for Midway to bring in new faces and new people,” he said. Council Member Diana Queen also said in an interview that she supports the change.

Art fair responsibility shifts

The only major, formal action of the evening was approval of a new contract transferring responsibility for the annual Francisco's Farm art fair from Midway College to Midway Renaissance Inc., a not-for-profit organization that has worked with the fair in the past.

At the suggestion of Council Member Shelia Redmond, the agreement was changed to say that the Renaissance organization could request, instead of require, assistance from the city.

Council Member Charlann Wombles, right, alluded to past conflict over the issue. “It’s required a lot of patience, but it’s a good thing,” she said.

Other business

Al Cross, assistant professor of journalism at the University of Kentucky, addressed the council and introduced five journalism students who he said would be reporting on Midway for his class. He said he wants his students to get real-world experience in covering a small town, and the city deserves its own news outlet. “This is a town that gets visitors from all over the world,” he said. “People in small towns deserve good journalism just as much as people in large towns.”

For now, a Midway blog has been set up at this site, but the class will soon develop a Midway Messenger Web site. Bozarth said of the students, “I encourage everyone … to be open with [them].”

Bozarth, left, criticized Garland VanZant, the director of the Woodford County Health Department, for not notifying the Council of the county health board's plan to enact a countywide ban on smoking in public places. “I think out of respect and courtesy he should have done so,” Bozarth said -- noting later that Midway businesses already ban smoking.

The proposal, the subject of a Feb. 5 public hearing, would be a major change for Woodford County, which was once among the top five producers of tobacco in Kentucky and still raises the crop.

The council ended the meeting with a closed session that lasted approximately 10 minutes. The motion to hold the session said it was to discuss the purchase of property, one of the exceptions to the state open-meetings law.

Photographs by Sean Patterson