Agenda - 11-20-2012 - 6a - Laserfiche WebLink

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' 34 _ October 22,2012 Town Board Monthly Workshop Approved: 7:39:58 PM Commissioner Gering asked if state rights ofway were considered under this. Ma. Bridger said no. Nothing owned by the state is covered hythis. Commissioner Gering asked then ifthe establishments along Cbudou Street downtown that allow smoking outdoors at the restaurants would not he covered. Ms. £;ddger replied that io the dofiuftiuuof the rule,they specifically talk about sidewalks and the dofioitiuoo[n sidewalk im ifdim owned,maintained,or controlled hy the county orumunicipality. Iu her mind,the question is,if there's u problem with that area in front of the storefronts on Cbm1mu,who pays to repair it. Commissioner Gering said that would be a question for Staff to provide guidance on. Mr. Peterson added historically ai that have been necessary on Churton,for example,the Town has paid for.The s of thousands of dollars th on maintenance costs in the last couple of years but that doesn't mean s , ,ect. 7:41:16 PM Commissioner Gering asked Mr. Hornik if he a d t - ' uld be covered by that qualification. Mr. Hornik replied that he's not sure. They in int in 'as far a irs but he doesn't know whether that's by arrangement or just by them deciding it e est inter the town to do so. Commissioner Gering said he brings this up because it see ike an equity issue o to consider what businesses in Hillsborough would be affected or if it would plied evenly to everyone 0 o e. 7:42:15 PM Mr. Whitaker stated the situation alo Fr et 4pel Hill was th me as Churton Street. The state DOT right of way essentially goes 0 the s r the entire sidewalk along the frontage of Churton and Franklin, while in the DOT right ay, is ally controlled sidewalk for practical Mr. Whitaker added by way of clarification wi e equity issu ny dining area or area that's outdoors on private property, or private dining pati, ha is e public ewalk,would not be covered by this rule. If they're enclosed,however,it's covered the 7:43:48 PM Commissi id it just see counterpr uctive to walk down the street through town and smoke. He as fthey w 1 ot subject to p *ce enforcement since they are on town property. He asked if he would be re the la he stood in th ' t of way that is fifteen feet from his house and smoked a cigarette. 7:44:37 P said t alogy t ey o use there is the open container law. If he's standing in the front of his is ac, owned by the town and he's drinking a beer, he is technically in violati the open contal w. H one is going to come enforce that. The same analogy applies Ms. Bridger ey are pullin gether the Chiefs of local law enforcement and the Sheriff to talk about consistency in e ent of thi le if it does pass. Like a lot of other laws,the police have discretion in how they enforce it and . *mple r inder from someone that an area is smoke-free is sufficient,that person can move away, and the o e who doesn't want to breathe the smoke is good. There's no need to involve law enforcement. She be it will be a rare situation. Ms. Bridger stated the example they have is with the implementation of House Bill 2. There was a lot of concern about enforcement of this with the smoke-free restaurants and bars. In that law, the local Health Director enforces violation of that law. She's been the local Health Director since before it was implemented and never once has had to go to restaurant or a bar and enforce it. It was enough for there to be that law for the owner to say there is no smoking. They've heard the enforcement concerns and that is why they are bringing the local law enforcement leaders together to make sure they're consistent across the county. They have other