Roadway funding and smoking restrictions highlighted the Highland Village City Council meeting Tuesday.  The council voted 4-3 to further restrict smoking in its parks and trails, though the ordinance there remains less restrictive than in adjoining cities.  The city still allows smoking areas in bars and restaurants, so long as they have proper ventilating equipment and areas for non-smokers. The ordinance is subject to one more reading before being enacted. The council also heard the desperately needed FM407 expansion project was one of the casualties when the federal government took back $742 million in roadway funding for Texas that had been part of the federal job stimulus programs. The highway is increasingly congested in the shopping areas around its intersection with FM2499. However, because of quick action by city leaders and support from around the county, an alternative source of funding for the project was found that will result in only a minor delay. The contract for the project was originally to be let for contract in October.  Now it will go in January, City Manager Michael Leavitt reported to the council.

     Leavitt said that when he received word of the rescission and its impact on the FM 407 project he immediately contacted the North Central Council of Governments and began seeking ways to save it. Mayor Dianne Costa and Sue Thompson, the city's community development manager also began working the phones.  Eventually, the cause was taken up by the Regional Transportation Council, which will replace $7.5 million in lost federal funding for the project with funds from regional toll roads. The project, between Highland Village and Flower Mound, was project number 82 out of 82 projects the RTC funded, Leavitt reported. The council engaged in a lively discussion on restriction of smoking. The council was taking action to change vague wording in the existing ordinance, which had been interpreted to allow smoking in many areas of city parks and trails. Costa argued against new restrictions as too big an encroachment by government.  Violation of the ordinance is punishable by a $200 fine.  Dr. Scott McDermott, who made the motion in favor of the ordinance, said it is not so much about restricting the rights of smokers but rather protection of those who do not want to be involuntarily exposed to potential health consequences of people smoking in their proximity.  In the ordinance's most recent draft, it prohibits smoking on "any public facility operated or managed by the city, including public parks, trails, playgrounds, recreation fields, restrooms, concession stands and any seating or observation area abutting or immediately adjacent. Smoking will be prohibited within 15 feet of the entrance to public buildings."

   The ordinance exempts parks leased from the U.S. Army Corps of Engineers, which includes Copperas Branch Park and Pilot Knoll Park which are frequented by campers and persons from outside the area.  Voting against the proposal were Costa, Council Members Don Combs and Charlotte Wilcox, who supported changes to the ordinance, but not as comprehensive as the ones suggested by McDearmont. Voting with McDearmont were Patrick Davis, Louis Robicheaux and Bill Meek. Council members say that the ordinance is not intended to generate a lot of fine revenue for the city. Rather it will give law enforcement personnel a reason to politely ask people to put away their tobacco. Fines are likely for repeat offenders or those who defy requests to stop smoking.