Saturday, June 14, 2008

Cellular Phone Tower -- Ohio Street Helena

A new cellular phone tower is being installed at the old street department lot on Ohio Street. This tower should have the impact of fewer dropped calls and fewer roaming calls from the major national cellular phone service providers. Because this tower will provide clearer signals for the customers served and the company is leasing the land from the city, this seems to be a win-win situation.

We thank former Helena Mayor, Dr. Robert Miller, for his leadership in initiation this action.

Snapshots throughout the City

Playing Basketball - Eating Chili -- Having Fun

The Helena Community Center -- The Armory -- The Place Where Boys Grow into Men and Girls into Young Ladies and Men and Women revisit the fantasies of youth and vigor; the days of old.

Valley Drive Sinkhole Project

This slideshow depicts a sinkhole on Valley Drive. This hole has a storied past. We intend to get to the bottom of the story and do what is right by the city and the property owner. That means that the city will take care of its responsibility and of course, the owner will have to do the same. We have an engineer is looking into this project at this time.

Oakland Street Clean-up

Here's a few shots of our Street and Sanitation Department works, along with Summer Program workers from the Workforce and Phillip County Summer Work Projects cleaning around an abandoned home on Oakland Avenue.



"Clean People Doing Dirty Work!"

Little League Girls' Softball -- North Helena Park

Click on the title link (above) to see the entire album of 91 pictures taken at this game.





Posted by Picasa


Here's a slideshow of all of the pictures:

CITY COUNCIL -MEETING 6-10-2008-AUDIO FILE

CLICK THE LINK TO DOWNLOAD THE AUDIO OF THE CITY COUNCIL MEETING HELD 6-10-2008.
COUNCIL MEETING 6-10-2008

prink: Dictionary.com Word of the Day

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Word of the Day for Saturday, June 14, 2008

prink \PRINGK\, transitive verb:

1. To dress up; to deck for show.
2. To dress or arrange oneself for show; to primp.

Tara has supermodel legs and is already getting used to being prinked and coiffed as she prepares for her first beauty contest in the autumn.
-- Raffaella Barker, "Diary hatched, matched and almost despatched", Daily Telegraph, September 6, 1997
The point is reinforced by a clutch of contemporary art photos . . . showing plump nudes prinking and preening like pouter pigeons, and, in one case, a couple of dancers deliberately posed to recreate a Degas painting.
-- Hilary Spurling, Daily Telegraph, January 23, 1999

Prink is probably an alteration of prank, from Middle English pranken, "to show off," perhaps from Middle Dutch pronken, "to adorn oneself," and from Middle Low German prunken (from prank, "display").

Dictionary.com Entry and Pronunciation for prink


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Friday, June 13, 2008

I Baptize You In the Name of the . . .

Two Little Boys After a hardy rainstorm filled all the potholes in the streets and alleys, a young mother watched her two little boys playing in the puddle through her kitchen window. The older of the two, a five year old lad, grabbed his sibling by the back of his head and shoved his face into the water hole. As the boy recovered and stood laughing and dripping, the mother runs to the yard in a panic. ' Why on earth did you do that to your little brother?!' she asks as she shook the older boy in anger. 'We were just playing 'church' mommy, ' he said.'And I was just baptizing him.....in the name of the Father, the Son and in...the hole-he-goes.

Why Do I Love Her (America)?

This is really worth seeing! Click the link below and watch the moving video.

Why do I Love Her?

apprise: Dictionary.com Word of the Day

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Word of the Day for Friday, June 13, 2008

apprise \uh-PRYZ\, transitive verb:

To give notice to; to inform; -- often followed by of; as, we will apprise the general of an intended attack; he apprised the commander of what he had done.

When Tyler, tuning in to channel seven, became apprised of this news, he raised his eyebrows and smiled.
-- William T. Vollmann, The Royal Family
I felt it a duty almost to stifle opinion: as a doctor, you are there to support the patient, apprise him of the bare clinical facts only.
-- David Loxterkamp M.D., A Measure of My Days
Baum soon apprised Denslow of his plan to mount a Wizard of Oz musical, and Denslow, eager to participate in the project, began to shop around for a producer.
-- Mark Evan Swartz, Oz Before the Rainbow

Apprise comes from French appris, past participle of apprendre, from Old French aprendre, "to learn," from Vulgar Latin apprendere, from Latin apprehendere, "to take hold of (by the mind)," from ad- + prehendere, "to lay hold of, to seize."

Dictionary.com Entry and Pronunciation for apprise


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Thursday, June 12, 2008

Forrest City's Animal Shelter




I visited today with Brook Goodbar regarding the management and operation of the Forrest City Animal Shelter. The proper name may be the St. Francis County Animal Shelter.

Ms. Goodbar was very knowledgeable, professional, and courteous. She provided a tour and explained the operations there.

She counts on the assistance of volunteers and the local humane society working hand-in-hand in a partnership with the city. The building, which was built less than two (2) years ago, is a nice building with an office, restrooms, wash room for animals and dishes, clothes changing area, medical clinic like area and place for storage of towels, food and supplies. In addition, the property includes an outdoor play area for the dogs and puppies. This areas is only available to the animals after determining that they pose no risk to the other like animals.

The building is equipped with an air exchange system which pulls the air through the building to the rear for an exit. This air exchange keep the building from being malodorous. Ms. Goodbar explained the layout and design of the building and how such makes it easier to maintain and good, clean and wholesome environment for the animals.

The slideshow, above, is a series of shots taken while on-site today. Previously, Mayor Gordon McCoy had gone to the shelter, however, I had not been given the tour like I was today. Ms. Goodbar works seven (7) days a week including Sundays and Christmas Day. The weekends and holidays are abbreviated and generally involve only cleaning and feeding.

The Animal Shelter has two (2) employee slots. One slot is open and therefore Ms. Goodbar and the volunteers are taking care of the entire process.

Ms. Goodbar has spoken with persons with concerns about our situation and has offered her assistance in pitfall avoidance and good planning strategy. She emphasized that there must be cooperation, coordination and teamwork between and among those groups that care about the health and welfare of the animal population.

I thank Ms. Goodbar for her handy assistance today. I also thank Ms. Glynis Lynch and Mayor Gordon McCoy for their assistance with this and other matters of importance to our local community.

Sen. Crumbly retains seat

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Mayor James F. Valley
CITY OF HELENA-WEST HELENA, ARKANSAS
P O BOX 248 (72342)
(870)817-4035 Cell (866)786-9885 Fax

-----Original Message-----
From: andrew <abagley75@gmail.com>

Date: Thu, 12 Jun 2008 09:54:12
To:MAYOR JAMES F VALLEY <mayorjfvalley@gmail.com>
Subject: Sen. Crumbly retains seat


 
 

Sent to you by andrew via Google Reader:

 
 


Sen. Crumbly retains seat <http://www.arktimes.com/blogs/arkansasblog/2008/06/sen_crumbly_retains_seat.aspx>

via Arkansas Blog <http://www.arktimes.com/blogs/arkansasblog/> on 6/12/08

The Arkansas Senate voted 19-12 today to affirm a committee's recommendation not to overturn the results of Sen. Jack Crumbly's 2006 election. Arnell Willis had challenged the outcome.
The committee had voted 4-3 to recommend that Crumbly, of Widener, keep his seat despite allegations of fraud. <http://arkansasnews.com/archive/2008/06/12/News/346643.html>  Senate debate was vigorous. In the end, it was not a Brotherhood-v.-Otherhood decision. Patterns: Black members of the Senate voted not to oust Crumbly, who is black, as is his opponent Willis. All but one of the Senate Republicans present, the exception being Gilbert Baker, voted to overturn the results. Point worth noting: It is not clear whether the irregularities noted in this election arose strictly from the Senate race. A number of other important local contests were on the ballot then.
For (19): Argue, Baker, Bookout, Broadway, Brown, Bryles, Critcher, Faris, Horn, Jimmy Jeffress, Johnson, Laverty, Luker, Madison, Malone, Smith, Steele, Wilkins, Wilkinson.
Against (12): Bisbee, Capps, Glover, Hendren, Miller, Pritchard, Salmon, Taylor, Thompson, Trusty, Whitaker, Womack.
Abstained (1): Crumbly.
Absent (3): Altes, Hill, Gene Jeffress.

 
 

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CITY COUNCIL MEETING NOTES 6-10-2008

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The Helena West Helena City Council met on Tuesday, June 10, 2008 in the City Council Chambers and dealt with the Agenda posted at http://mayorjfvalley.googlepages.com/june102008agenda.

Here's a slideshow of snapshots from the meeting:




A couple of items were essential tabled for later consideration including a presentation on the placement of a cellular phone tower on Reservoir Hill near our water tank; and the presentation of Mr. John Crow as a member of the Warfield Committee,

The West Helena Housing Authority, which is an independent governmental agency, has a board of directors. The board of directors nominate, actually re-nominated, Mr. Rochester Johnson to serve another five (5) year term. His appointment was theirs to make subject, only, to the approval of the city council. Mr. Johnson appeared before the council and spoke very briefly about his experience on the board. Mr. Johnson said quite simply that if a person has served in a position for 30 something years there is not a whole lot of talking to be done.

Mr. Jay Hollowell spoke favorably about Mr. Johnson and Mr. Joe St. Columbia seconded a motion by Mr. Hollowell to confirm the pending appointment. Mr. Rochester Johnson was then confirmed by the city council.

Rev. Danny Robinson appeared before the council to discuss several things. He praise the council and particularly his ward representatives, Tommy Hunt and Red Johnson, as well as Mrs. Trece Shepherd Williams for the work they do. He requested a speed bump near his church. Jay Hollowell explained his preference for stop signs. I joined in the same expression as that has been this administration's approach to traffic control issues. We determined that a four-way (4) stop sign would work better and have directed the street department to make that happen.

Rev. Robinson also discussed the Arkansas Street Fire Station and wants the city to decide what is best for the building and fix it or raze it.

Finally, Rev. Robinson complained that a contractor did some work in the Lithicum and Rembrandt street area of Helena Crossing and has caused some drainage issues. That area already has more than its share of drainage concerns because it sits low and is en route to Long Lake and water passes through that areas on its way out to Long Lake.

City employees were granted vacation. Mr. Jay Hollowell moved that the mayor and city clerk be permitted to make the transaction with the State of Arkansas to officially state a retirement plan for our employees effective July 1, 2008. The motion was seconded and unanimously passed. City employees are encouraged to review the 2008 APERS (Arkansas Public Employees Retirements System) Handbook which is available online. The website is: http://www.apers.org/. The handbook is found under publications, I think.

Don Etherly addressed his request for more stringent enforcement of the city's code on vacant lots. His particular concern is the lots with tall grass that hide rodents, vermin and pest. Code Enforcement has been directed to step up its efforts. As a result of that order, Code Enforcement has created a post card called the Chapter 5 Notice which details the potential penalties for failing to comply with the city code. The initial fine could be as high as $150.00. Then, the daily fine for a continuing problem could be as much as $75.00 per day. Those are stiff penalties for lots that would cost about $35.00 on the average to cut.

Marvin Jarrett and Diane Corbin presented a Smoking Free Parks Ordinance. The link to the language is here: http://jfvalley.blogspot.com/2008/06/fyen-smoke-free-parks-ordinance-draft.html. The ordinance was passed by the city council and effective in 30 days all parks in the City of Helena-West Helena will be smoke free areas.

Finally, Joe Dean moved the reappointment of Pat Roberson and the appointment of Trece Shepherd Williams to serve on the A & P Commission and that motion was passed as well.

The next city council meeting is set tentatively for June 24, 2008. I will not be present. I will be at the Delta Regional Authority's 4th Annual Convention. For more information on that see www.dra.gov.

Here's a copy of the audio file containng the recorded meeting. Council Meeting 6-10-2008

hyperbole: Dictionary.com Word of the Day

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Word of the Day for Thursday, June 12, 2008

hyperbole \hy-PUHR-buh-lee\, noun:

Extravagant exaggeration.

Oh God, was he a hater of hyperbole? A stickler for accuracy?
-- Delia Ephron, Big City Eyes
Even allowing for Wylie's hyperbole, his words seemed to me far removed from reality.
-- F. Carolyn Graglia, Domestic Tranquility
Those were the days when I still liked hyperbole, before an excess of real drama killed my taste for the manufactured kind.
-- Katherine Russell Rich, The Red Devil

Hyperbole comes from Greek hyperbole, "excess," from hyperballein, "to exceed," from hyper, "beyond" + ballein, "to throw."

Dictionary.com Entry and Pronunciation for hyperbole


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Wednesday, June 11, 2008

West Helena Water Installing 2" Water Line





You may have noticed the major street cut at the intersection of Plaza and Highway 49. The Boys & Girls Club, which will be located at that intersection in the old H & M Lumber building, is have a tremendous amount of work done. Part of the renovations included the installation of a fire suppression system. That system included an 8 inch water line. In addition to the fire suppression line, the club needed a 2 inch water line for other purposes.

I have three (3) videos, about one minute in length, from the water department guys tapping a main to install the 2" water line.

The guys, Jody Warren, Charles Cunnings and Willie "Peter Will" Dean are seasoned employees. Peter Will is explaining how to tap into a water main and that it will take about 15 minutes to complete. He also slips in a request for an increase in pay. I will be sure to pass his message on to the appropriate department.



In this next video, progress has been made, however they tap is not complete. The guys are describing the use of a 2 inch tapping machine. This machine, working like a drill bit, cuts a hole through the opened valve into the main and causes water to flow through the valve to the desired location.




Finally, in 15 minutes or less, the main is opened up and water flows into the 2 inch line. This is just snapshot of these guys and our city employees do to serve the greater good of the whole community.



Online registration still open for DRA conference




Contact DRADelta Regional Authority Homepage

 

June 11, 2008
FOR IMMEDIATE RELEASE
CONTACT REX NELSON
(501) 686-6188

Online registration is still open for the Delta Regional Authority annual conference. The conference will be held June 23-25 at the Ritz-Carlton in downtown New Orleans. Registration is free. Those wanting to attend the conference should go to www.dra.gov.

Those desiring rooms at the Ritz-Carlton should call 1-800-826-8987 and mention they're attending the DRA event.

Political expert Michael Barone and noted author Rick Bragg will be among the featured speakers at the three-day gathering of Delta leaders. The conference, with the theme of "Reimagining The Delta," is expected to attract several hundred business and government leaders from across the eight-state DRA region.

For additional information, call Sissy Kidd at (501) 686-6195.

"If there's a more astute observer of contemporary American politics than Michael Barone, I'm not sure who it is," said Pete Johnson of Clarksdale, Miss., the DRA's federal co-chairman. "In this remarkable election year, when the world is watching to see which candidate the people of the United States select as their next president, we're fortunate to have Michael join us. He's part of an all-star lineup for this conference."

Barone is the principal author every two years of "The Almanac of American Politics." He's also a regular commentator for Fox News and a senior writer for U.S. News & World Report. Barone will discuss the presidential race and the role played by the eight DRA states.

Barone received his bachelor's degree from Harvard University in 1966 and his law degree from the Yale University Law School three years later. He was editor of both the Harvard Crimson and the Yale Law Journal. From 1974-81, Barone was a vice president of Peter D. Hart Research Associates, one of the nation's leading opinion research firms. He was a member of the editorial board of The Washington Post from 1981-88. Barone wrote for U.S. News & World Report from 1989-96, joining Reader's Digest as a senior staff editor for two years before rejoining U.S. News & World Report in 1998.

Bragg, meanwhile, is recognized as one of the greatest contemporary Southern storytellers. The Alabama native won the Pulitzer Prize for feature writing in 1996 for his work at The New York Times.

"Rick has taken the oral storytelling style of his family in the hills of north Alabama and turned it into his own distinctive form of writing and speaking," Johnson said. "You will find Rick entertaining and informative."

Bragg has received more than 50 writing awards during the past two decades, including the American Society of Newspaper Editors' Distinguished Writing Award twice. In his first book, "All Over but the Shoutin'," Bragg told the story of his mother, who overcame the abuse of an alcoholic husband. The book was selected as one of the best books of the year by several organizations and became a sort of anthem for poor working people across the South.

The second book in the Bragg trilogy was "Ava's Man," the story of his mother's father, Charlie Bundrum, who was a poacher, roofer and whiskey maker. One reviewer described the book as a "powerfully intimate piece of American history as it was experienced by the working people of the Deep South, a glorious record of a life of character, tenacity and indomitable joy, and an unforgettable tribute to a vanishing culture."

The recently released third book in the trilogy is "The Prince of Frogtown." The book is based on Bragg's relationship with his 10-year-old stepson. Bragg will sign copies of the book following his June 24 luncheon speech.

The conference will begin at 1 p.m. on Monday, June 23, with a technical assistance workshop. The four-hour workshop will be held in conjunction with the U.S. Department of Health and Human Services' Health Resources and Services Administration. The workshop is designed to make participants aware of the funding opportunities and other resources available to rural communities.

Johnson will speak at 9 a.m. on Tuesday, June 24, on the state of the Delta and the work of the DRA. At 9:30 a.m. on June 24, Ron Crouch of the University of Louisville will speak on the changing demographic face of the Delta. Crouch is the director of the university's Kentucky State Data Center. He will discuss how the population of the region is aging, becoming more diverse and moving from a manufacturing base to the knowledge-based economy.

At 11 a.m. on June 24, Jon Roberts of TIP Strategies Inc. of Austin, Texas, will speak on the vision for the Delta in the new century. Roberts is a nationally recognized consultant in the areas of strategic planning and redevelopment analysis. TIP Strategies is helping the DRA board create a strategic development plan for the 240 counties and parishes it serves.

Bragg will speak at lunch June 24, and Barone will speak at 2:15 p.m. that day. A reception for conference participants will be held from 5 p.m. until 6:30 p.m. on June 24. On Wednesday, June 25, a continental breakfast for conference participants will be held from 8:30 a.m. until 9 a.m. The meals and reception are part of the free registration at www.dra.gov.

"The afternoon reception and the breakfast the next morning will provide an opportunity for people from across our region to visit, renew old friendships, make new friends, compare notes and discuss the Delta," Johnson said.

At 9 a.m. on June 25, Sean Cummings will speak on the future of New Orleans. Cummings is the president of a real estate development firm that has created lofts and boutique hotels that mix historic architecture with the city's unique culture. Cummings also serves as the chief executive officer of the New Orleans Building Corp. In that role, he recently signed a deal with a New York company to redevelop the World Trade Center of New Orleans as a mixed-used project.

At 10:30 a.m. on June 25, Nicolas Perkin of the New Orleans Receivables Exchange will speak on how to keep talent in the region. Perkin brings extensive management and analytical experience to the exchange. Cummings and Perkin are among the region's most talented young entrepreneurs.

"Both of the speakers on the final day will show us how entrepreneurship can be part of the economic salvation of the Delta," Johnson said. "This promises to be our best conference yet. I hope people will go to www.dra.gov to register."

The DRA is a federal-state partnership that covers parts of Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri and Tennessee. Johnson serves on the DRA board with the governors of the eight states. Gov. Bob Riley of Alabama is the state co-chairman.

The DRA operates a highly successful grant program in each of the eight states. This program allows cash-strapped cities and counties to leverage money from other agencies. The DRA also has expanded its regional initiatives in the areas of leadership development, transportation, health care and information technology.

 


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patrician: Dictionary.com Word of the Day

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Word of the Day for Wednesday, June 11, 2008

patrician \puh-TRISH-un\, noun:

1. A member of one of the original citizen families of ancient Rome.
2. A person of high birth; a nobleman.
3. A person of refined upbringing, manners, and taste.
4. Of or pertaining to the patrician families of ancient Rome.
5. Of, pertaining to, or appropriate to, a person of high birth; noble; not plebeian.
6. Befitting or characteristic of refined upbringing, manners, and taste.

London possessed the manner of a patrician. He was a man whose stately elegance suggested that he deemed himself above the fray.
-- Martin Garbus, Tough Talk
In Senator Harrison G. Otis's words, King was the "last of the Romans," or those patrician Federalists who hoped to model the American Senate upon the aristocratic body of the Roman Republic and to keep the plebeian House in check.
-- Joseph Martin Hernon, Profiles in Character
A neutral observer could not have said whether the handsome gentleman with the black satin eye patch over his left eye, and the meticulously trimmed salt-and-pepper goatee, and the jaunty straw hat, and the air of patrician confidence, was betraying now and then a just-perceptible apprehension, or whether, like numerous others, quite naturally in these heightened circumstances, he is merely anticipating the contest to come.
-- Joyce Carol Oates, My Heart Laid Bare
I stuck up for patrician values, incarnate, as I imagined, in the professional class I issued from, exemplified by my grandfather.
-- David Laskin, Partisans

Patrician derives from Latin patricius, from patres, "senators," plural of pater, "father."

Dictionary.com Entry and Pronunciation for patrician


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Tuesday, June 10, 2008

School Board Meeting

Here's a brief discussion that took place at our school board meeting on Monday, June 9, 2008

FYEN -- Smoke Free Parks Ordinance Draft

Name of the Ordinance
The ordinance's name should relate to its purpose. Examples of names are "Smokefree Air Ordinance" or "Ordinance for Smokefree Public Places and Workplaces."

Intent of the Ordinance
The ordinance should have the intent of protecting people from the health hazards of secondhand smoke. Examples of "whereas" clauses for the preamble are as follows:

"WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;"

"WHEREAS, the American Academy of Pediatrics published a study (Pediatrics, February 1998) that attributes approximately half of early childhood cases of asthma, chronic bronchitis, and wheezing to secondhand smoke;"

"WHEREAS, the U.S. Surgeon General found in his 1986 Report that environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers;"

"WHEREAS, studies have shown that environmental tobacco smoke is a cause of cardiovascular disease in nonsmokers;"

"WHEREAS, studies have shown that breathing environmental tobacco smoke is a significant health hazard for children, the elderly, and individuals with cardiovascular disease, impaired respiratory function, and asthma;"

"WHEREAS, the Americans with Disabilities Act, which requires access for handicapped persons in public places and workplaces, deems impaired respiratory function a disability;"

"WHEREAS, the U.S. Surgeon General further found that separating smokers from nonsmokers within the same air space does not eliminate the exposure of nonsmokers to environmental tobacco smoke;"

An example of a summation preamble clause is as follows:

"WHEREAS, on the basis of the published warnings of the U.S. Surgeon General and on the basis of scientific reports and other authoritative and instructive data, the [municipal council or board of health] of [municipality name] has determined that the public interest requires certain measures to be established to eliminate the exposure of people to environmental tobacco smoke in public places, and that this ordinance intends to (1) protect the public health and welfare by eliminating smoking in public places and workplaces, and (2) guarantee that the need to breathe smokefree air shall take priority over smoking;"

General Restrictions for Public Places
The ordinance should describe the location of public places that are to be smokefree. Examples are:

"Smoking shall be prohibited at all times in all enclosed public places within [municipality name] including, but not limited to, the following places:

1.      All enclosed areas available to and customarily used by the general public and all areas of business establishments and non-profit entities generally accessible to the public, including, but not limited to, the public areas of retail stores, banks, offices, movie theaters, laundromats, hotels, motels, sports arenas, bowling facilities.

2.      All restaurants and bars in accordance with N.J.S.A. 26:3E-7 to 26:3E-13.

3.      All outdoor areas within ten linear feet from any and all entrances and exits of any and all enclosed indoor areas where smoking is prohibited, to ensure that tobacco smoke does not enter the smokefree indoor areas through entrances, windows, ventilation systems, or any other means.

4.      All rest rooms, lobbies, reception areas, hallways, elevators, service lines, and any other common-use areas in enclosed public places.

5.      All polling places.

6.      All places that host bingo games.

7.      All lobbies, hallways, elevators, and other common areas of multi-unit residential buildings, including, but not limited to, apartment buildings, condominiums, town houses, trailer parks, retirement facilities, and nursing homes.

8.      All buses, taxis, other means of public transit and waiting areas of public transit depots, and limousine and car services.

9.      All private residences that are used as childcare or healthcare facilities.

10.  All healthcare facilities, including but not limited to clinics, physical therapy facilities, and offices of doctors, dentists, chiropractors, and psychiatrists.

11.  All enclosed facilities owned, leased, or operated by [municipality name]."

Voluntary Smokefree Policy
A provision that provides for owners to make their establishments smokefree could be as follows:

"Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a smokefree establishment."

General Restrictions for Workplaces
The ordinance should provide that workplaces are required to be smokefree. An example is:

"All employers within the boundaries of [municipality name] shall provide a smokefree workplace for all employees. Smoking shall be prohibited in all enclosed facilities within the workplace at all times without exception. This includes, but is not limited to, all common work areas, private offices and work areas, meeting rooms, conference rooms, auditoriums, classrooms, hallways, elevators, stairs, cafeterias, employee lounges, rest rooms, medical facilities, and all other enclosed areas, including vehicles. The employer shall adopt and provide a written policy within 90 days of the effective date of this ordinance, and that smokefree policy shall be in effect, making that workplace smokefree within 120 days of the effective date of this ordinance. The employer will provide all employees with a copy of the policy within two weeks of its adoption. All prospective employees will receive a copy of the policy."

Non-Retaliation
An employee or applicant for employment who desires a smokefree work environment can be protected from retaliation. An example follows:

"No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for

Outdoor Restrictions
A provision that provides for smokefree school grounds and outdoor recreational areas could be as follows:

"It is unlawful for any person to smoke tobacco on the property of any and all educational facilities, and at any and all recreational facilities, parks, playgrounds, sports fields, and recreational properties that are owned, leased, or operated by [municipality name] or by the [municipality name] recreation commission."

Posting Signs
A provision that provides for notice of the local law is useful for awareness and enforcement purposes. An example of a sign provision is as follows:

"A 'No Smoking' sign shall be clearly, sufficiently, and conspicuously posted at every entrance to every public place where smoking is prohibited by this ordinance.

The sign(s) shall be posted by the owner, operator, manager, or other person having control of such building or other area.

The sign(s) shall have the words 'No Smoking' in lettering that is not less than two (2) inches in height, or shall contain the international no smoking sign or symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar diagonally through the cigarette) that is not less than two (2) inches in height.

Signs that are removed shall be replaced within five (5) working days by the owner, operator, manager, or other person having control of such building or other area."

Public Education
Awareness of the ordinance is important for compliance and enforcement. Here is an example of such a provision:

"The Health Officer, or designee, shall engage in a continuing program to explain and clarify the purpose and requirements of this ordinance to citizens affected by this ordinance, and to guide owners, operators, and managers in their compliance. Such a program may include publications explaining the provisions of this ordinance."

Enforcement
Enforcement is vital to the viability of the ordinance. Here is an example of an enforcement provision:

"The Health Officer, or designee, and the Police Department are hereby charged with the enforcement of this ordinance. All members of the Health Department and the Police Department are hereby designated as enforcement officers for the purpose of enforcement of this ordinance.

Enforcement shall be implemented by the Municipal Manager or designee. Notices of this ordinance shall be given to all applicants for a business license in [municipality name].

Any employee or person who desires to register a complaint under this ordinance may initiate enforcement with the Health Officer, or designee, Police Officer, or designee, or Municipal Manager. [Select one registration location.]

Notwithstanding any other provision of this article, any person or employee may bring legal action to enforce this article.

Any owner, manager, operator, or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof."

Penalties
The penalties provision will encourage compliance by the public and by persons who control the smokefree public places covered by this ordinance. Here is an example of a penalties provision:

"It shall be a violation of this ordinance for any owner, operator, manager, or person who controls any premises subject to this ordinance to fail to comply with any of its provisions.

It shall be unlawful to smoke or carry a lighted cigarette, cigar, or pipe where smoking is prohibited.

Any person who violates any provision of this ordinance shall be guilty of an infraction, punishable by:

1.      A fine not exceeding $100 for the first violation.

2.      A fine not exceeding $200, but no less than $100, for the second violation.

3.      A fine not exceeding $500, but no less than $200, for the third violation."

Power to adopt more comprehensive smokefree policies
Managers and owners of establishments and businesses may want to have more comprehensive policies. An example would be as follows:

"Notwithstanding any other provision of this ordinance, any owner, operator, manager, employer, or other person who controls any establishment or place of employment regulated by this ordinance may adopt policies relating to smoking which are more comprehensive than those provided herein."

Other applicable laws
Other local, state, and federal laws need to be considered. This provision ensures that compliance:

"No provision in this ordinance shall be construed or interpreted to allow smoking where it is otherwise restricted by other laws."

Severability
This provision can ensure that the ordinance remains valid, even if a provision of the ordinance is held invalid:

"If any provision or application of this ordinance shall be held invalid, such invalidity shall pertain only to that specific provision or application, and shall not affect the other provisions and applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable."

Effective Date
Citizens and those owning, managing, or controlling the public places and workplaces affected by this ordinance need to know its effective date for compliance purposes.

"This ordinance shall be effective thirty (30) days from and after the date of its adoption, unless specified otherwise."



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Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
Helena-West Helena, 72342
870-572-3421 Phone
870-572-5034 Fax
870-817-4035 Cell