Welcome to our online chat with City Commissioner Boog Highberger.

The chat took place on Wednesday, May 12, at 2:00 PM and is now closed, but you can read the full transcript on this page.

Moderator: Welcome to the chat with Commissioner Boog Highberger. We’ll start in a few minutes. Though people understandably want to talk about the smoking ban — and we’ll have lots of questions about it — questions about ANY City hall topic are welcomed.

Commissioner Boog Highberger: Thank you, nameless Moderator. I’m looking forward to our little lovefest here today.

Steve, Lawrence: Regardless, of my opinion on the smoking ban, why would the commision vote on such a highly debateable topic without hearing feedback from the community and business leaders? Does this mean that this current elected commission doesn’t need to report to the community that elected them anymore?

Commissioner Boog Highberger: Steve, we did hear feedback from hundreds of citizens and community leaders. We were elected to make difficult decisions like this. Kansas law doesn’t give the city commission a direct way to put a question like this on the ballot. If enough signatures are gathered, there will be a referendum and if the voters decide that the ordinance should be repealed, that’s what will happen.

Josh, Lawrence: Is it truly the job of the commision to dictate bans in the name of safety and health when subjection to said environment is 100% voluntary?

Commissioner Boog Highberger: Yes, one of the jobs of the city commission is to protect the public health and welfare. Our laws have long recognized the difference between private places and public accomodations. Furthermore, there is substantial evidence that second-hand smoke in the workplace, including bars and restaurants, is a health risk for people who work in those places. Some people say that if you don’t want to be exposed to cigarette smoke, you can work somewhere else. To me, that is sort of like a coal mine owner saying to his or her workers that if you don’t want black lung disease, you can work somewhere else.

Andy, Lawrence: The article on the Smoking Ban mentions ‘smoke shops’ as an exception to this ordinance. Can you explain what a smoke shop is? Are smoke shops eligible for liquor or food licenses?

Commissioner Boog Highberger: A smoke shop is a place whose primary business is selling tobacco products and accessories. A place that sells food or liquor would not qualify as a smoke shop.

Ryan, Lawrence: This commission’s action of imposing a smoking ban is dangerously close to discrimination against smokers. How will that attract customers to restaurants & bars?

Commissioner Boog Highberger: Actually, Ryan, I think the smoking ban will attract many new customers to local bars and restaurants. I can’t tell you how many people I’ve talked to that have told me that they can’t go out because they have health problems or that choose not to go out just because they can’t stand the smoke. I don’t see the ordinance as discriminating against smokers. I don’t think the ordinance discriminates against smokers anymore than a law prohibiting dumping toxic chemicals in the river discriminates against businesses.

John, Lawrence: You changed your mind so quickly after initially suggesting the smoking issue be put to a referendum. How can constituents have faith that you’ll stick with decisions you make?

Commissioner Boog Highberger: You’re right, John, I made a mistake. The decision to put the smoking ordinance to a referendum was made without any discussion of the pros and cons of doing so. I realized by the next morning that I had made a mistake and took immediate steps to correct that. This is the only decision that I have changed my mind on after a final vote. I realize it would be ideal to have elected representatives that were perfect, but in the meantime, you’re stuck with me.

Michael, Lawrence: When the Progressive Lawrence Campaign trio was elected last year, I expected to see a lot more in the way of “smart growth” initiatives on your part. Do you feel like the commission is still pursuing the agenda you campaigned on, or have you been distracted by issues like the Patriot Act and the smoking ban?

Commissioner Boog Highberger: Yes, Michael, the smoking issue has consumed a lot of time and energy that I would prefer to be spending on development issues. We have made some progress toward “smart growth” but we have a long way to go. There are some things that have been happening that are still under the radar, such as the public improvements task force and the revisions to the zoning and subdivision codes, that will bring us closer to that goal, but they aren’t getting much press yet. Making sure that Lawrence grows in a way that is consistent with our community values is still my highest goal as a city commissioner.

Dayna, Lawrence: Is the city going to be responsible for supplying the owners of these said restaurants and bars with ashtrays outside their establishments and also clean them out after closing each night so that our dowtown doesn’t smell like or look like an ashtray?

Commissioner Boog Highberger: Keeping the areas in front of their businesses clean will be the responsibility of the business owner, just as it has always been. I understand your concern about having lots of cigarette debris on the sidewalks downtown, but I am confident that our local business owners will continue to do an excellent job of keeping downtown clean and attractive. City staff will be available to assist business owners with all aspects of compliance with the ordinance.

Ray, Lawrence: Since Wal-Mart is getting ready to expand the south store are you going to vote it down?

Commissioner Boog Highberger: I haven’t seen all the details of Wal-Mart’s proposed expansion so I don’t know if it will require any zoning changes or variances. I like the idea of putting the empty Payless Cashways building back into use again. That area of Lawrence is already zoned for large-scale commercial use. I’m not going to commit one way or the other to the proposal at this time, but right now I don’t see any compelling reason to reject the proposal.

M., Lawrence: During key decisions about Sixth and Wakarusa — and the attempt to keep Wal-Mart from locating there — commissioners have frequently said they can’t comment about the rationale behind decisions because of pending lawsuits. But is that fair to the public to be denied an explanation for actions that are costing taxpayer dollars?

Commissioner Boog Highberger: I understand your concern and I am committed to as much openness as possible in our city government. Unfortunately, because this issue is in llitigation, almost anything we say about it can potentially be used against us and could end up costing even more taxpayer dollars. I would really like to respond to some of the claims and allegations made by the plaintiffs, but that will have to wait until the lawsuits are settled. I am committed to defending the city’s rights to make an enforce land-use decisions and I think the commission is right not to be bullied by a plaintiff with deep pockets.

Dayna, Lawrence: I want to know why there [aren’t] stop signs on 10th and New Jersey going East and West, and also stop signs on New York and 10th going North and South. I walk my daycare kids to New York School everyday and the speed limit people are driving on New York and 10th is outrageous. Since we don’t have a crossing guard posted at to cross the children, there should be stop signs there. As a parent whose child attends New York School, I see alot as I walk my child to school each day.

Commissioner Boog Highberger: Dayna, thanks for bringing that concern to my attention. I will discuss it with our traffic engineer to see the history of why the current stop signs are posted where they are. If there is a safety problem with the way the signs are posted now, our traffic safety commission can look at the situation and make a recommendation for change to the city commission. I would be happy to work with you on this. If you would like to talk more about this, you can call me or e-mail me at boog59@juno.com. I will check to see if there are any plans to post a crossing guard in that area.

Sarah, Lawrence: From the couple of conversations I have had with you in passing and the Commission sessions I have observed on TV, I have found you to be an extremely reasoned and thoughtful commissioner. However, there is a small, but noisy, group of rabble-rousers out there (primarily in online “community forums” determined to cast doubt on the work you all do (and are almost always factually incorrect in doing so). What are your thoughts relating to all the played-up hand-wringing and histrionics of these few regarding not just your decisions, but impugning your motivations personally?

Commissioner Boog Highberger: Sarah, thank you for your overly generous comments. In general, I think we in Lawrence can pride ourselves in the level of civility of our public discourse. Almost all the people I deal with do a great job of treating each other with respect even though they may disagree on controversial issues. I really appreciate the ability of electronic media to enable greater citizen participation in government but one drawback of online community forums is that most of the participants are anonymous. When people deal with each other face-to-face, they are more likely to treat each other with respect. Anonymity seems to encourage bad behavior.

Hunter H., KC, Mo.: Boog, It has been great working with you this year on the Hobbs Taylor Lofts! What issue and/or achievement are you most proud of in your current service? Also, what are your key initiatives and efforts going to be in the coming year? Thank you.

Commissioner Boog Highberger: Hunter, I’ve enjoyed working with you, too. I think the Hobbs Taylor Lofts project is a great example of mixed-use development that will prove to be a real asset to Lawrence (although I still prefer it to be a story shorter). One initiative I intend to start before the end of this year is a community visioning project. I want to talk to people from all parts of the city about what they love about Lawrence and what they would like their city to look like in the future. The goal will be to take that information and use it to revise our zoning and planning requirements to help ensure that our future growth is consistent with the desires of our community.

Nick, Lawrence: I’m concerned about the bus system. When it was first started, there were small buses. Then they jumped to the large buses. However, I never see more than a handful of people on them when I drive by one. Most of the time they are totally empty. How much does it cost to run this bus system? Wouldn’t it be cheaper to let the elderly and handicap who need transportation have some special small service to get around town, and not run these large buses that are always empty? I would assume with gas prices the way they are now, these big empty buses cost even more to run.

Commissioner Boog Highberger: A large part of the funding for our bus system comes from the federal government. As with any federal program, that money comes with a lot of strings attached. I personally like your idea of running the system with smaller buses, but I don’t think we can do so and meet all the federal requirements. One advantage of the larger buses is that they are handicapped accessible, and I think the ultimate goal is to make the bus system useable by as many people as possible. Ridership on the T has been increasing steadily and I expect it to continue to increase. If you have ideas on how to improve the efficiency and effectiveness of our bus system, please pass those on to our public transportation advisory committee. You can get contact information for PTAC on the city Web site.

Cal from LA: Boog, kind of off the topic here, but how did you get the name “Boog” anyways? The people want to know!

Commissioner Boog Highberger: I wish I could say I got it because I used to be such a great first base player (does anybody out there remember Boog Powell?), but to be honest, it’s a nickname I picked up in grade school and it is derived from my last name. As you can guess, it could have been much worse.

Moderator: Thanks for participating in the chat — we’re sorry we couldn’t get to all the questions. We’re trying to make this a monthly event, so check back in June for the next chat with a Lawrence city commissioner.