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456 <br /> A. SMOKING ORDINANCE <br /> John Link stated that the agenda abstract summarizes the change..c -. <br /> made. They are recommending that smoking be prohibited from County vehicle <br /> used to transport the public. Smoking is allowed in other County vehicles LL <br /> all occupants agree. Also, for the County Jail he is recommending that the <br /> Sheriff define designated smoking areas for inmates in the jail. Such <br /> designated areas may not include common areas. The ordinance authorizes the <br /> County Manager to define designated smoking areas within County buildings. <br /> Such designated areas shall not include offices, hallways, foyers, public <br /> entrances, stairwells, restrooms, meeting rooms, lobbies and common areas. He <br /> emphasized that this ordinance does not guarantee that a place in each building <br /> be designated for smoking. He will try to locate an area for smoking if it <br /> meets the criteria. However, if it is a building that has no space, he does <br /> not propose taking office space away from present use to create a smoking area. <br /> He noted that by September 15, he will identify those areas. The only building <br /> with a designated smoking area is the new Government Services Center. The <br /> Board discussed the smoking areas as listed in the agenda abstract. <br /> Geoffrey Gledhill, noted that the law indicates that no local law, <br /> rule or ordinance enacted and placed in operation prior to October 15, 1993 <br /> shall be amended to impose more stringent standards. It is not contemplated <br /> that this ordinance would be amended after October 15. It is his opinion that <br /> this ordinance is enforceable. <br /> John Link made reference to the ventilation requirements and noted <br /> that if the County is going to continue to allow smoking in certain parts of <br /> the buildings, they are saying that those parts of the building must be <br /> separated from the rest of the ventilation, heating and cooling system that. , <br /> serves the remainder of the building and he is not sure what that cost may be. <br /> John Link reiterated that this ordinance as it is written does na,. <br /> guarantee, whatsoever, that there be a designated space in each building <br /> beginning September 15, or guarantee that any building would be smoke free <br /> until 1995. He will in good faith work with staff in each building to look at <br /> what possibilities there may be but there may be some buildings that would not <br /> accommodate smoking inside. <br /> Commissioner Gordon asked about the implications of this ordinance <br /> dollarwise. John Link indicated that this ordinance does not guarantee <br /> designated smoking areas In any building. There is no .legal responsibility to <br /> provide designated -smoking areas. <br /> Geoffrey Gledhill distributed two revisions to the ordinance. He <br /> added a sentence which makes it clear that the County is under no obligation <br /> to spend money to provide a smoke-free environment. <br /> Don Stanford, Attorney in Chapel Hill and Professor at UNC, noted <br /> that any ordinance that seeks to accommodate a smoker's rights is mistaken in <br /> its basic approach. Instead of saying there are unappropriated areas or <br /> appropriate areas, simply don't allow people to smoke in a public building. <br /> It is a simple ban that will be nationwide in the near future. He feels the <br /> dangers of smoking are extraordinary. He feels the proper approach for the <br /> Board to consider is to ban smoking outright. He asked that the Board consider <br /> banning smoking in all public places in the County. He feels the first <br /> obligation of any governing body is to protect the welfare of the citizens by <br /> protecting them from the exposure of smoke. <br /> Commissioner Willhoit stated he supports providing a clea- <br /> environment for those who do not care to inhale primary or secondary smoke. <br /> Commissioner Gordon suggested waiting until the Board of Health <br /> adopts a policy and to consider this again on September 7, 1993. <br />