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MINUTES <br />ORANGE COUNTY BOARD OF HEALTH <br />January 27, 2010 <br />Board of Health Minutes Transcription completed by Anne Miles Cassell 6 January 27, 2010 <br /> <br />The law also allows for local governments to adopt more stringent rules and ordinances <br />governing smoking. If Board of Health rules are adopted that are more stringent, they <br />must be followed by an ordinance that is also adopted by the Board of Commissioners. <br /> Boards of Commissioners may adopt ordinances in this area independent of Board of <br />Health action. The current ordinance adopted by the Board of Commissioners limits <br />smoking and tobacco use to all county buildings and grounds within 50 feet of Health <br />and Social Service building entrances. This new law would enable this ordinance to be <br />revised and could provide for all grounds owned or operated by the county to be <br />tobacco free. <br /> <br />The staff recommended that the Board of Health send a letter to the Board of <br />Commissioners requesting that the current ordinance be amended to require all <br />buildings and grounds owned or operated by the county to be tobacco free. In <br />addition, it is recommended that the Board of Health send a letter to all municipalities <br />in Orange County encouraging them to adopt similar ordinances for their buildings and <br />grounds. The Board felt that it had insufficient information to act on this request. <br /> <br />Emily Leazer, UNC School of Journalism, asked if enforcement was reactive or <br />proactive. Tom Konsler replied that complaints are submitted to the state or directly to <br />the health department. The department responds with an educational letter and a <br />copy of a Business Guide. The first letter is hand delivered by a staff member who is <br />then available to answer any questions the bar or restaurant owner may have. <br /> <br />Christopher Cooke asked how a fine is enforceable. Rosemary Summers stated it is <br />enforceable through the court system and law enforcement. The responsibility to <br />enforce the law is on the restaurant or bar owner. <br /> <br />Paul Chelminsky asked how an appeal is handled. Rosemary Summers stated that <br />once an individual is fined for non-compliance they would be able to appeal to the <br />Board of Health to assure that proper procedure was followed. <br /> <br />Motion to adopt Orange County Health Department Protocol for Enforcement of the NC <br />Smoke-Free Restaurants and Bars Law was made by Michael Wood, seconded by Jessica Lee, <br />and carried without dissent. <br /> <br />Motion to send a letter to the Board of Commissioners recommending expansion of the <br />tobacco-free ordinance to be campus-wide was made by Jessica Lee, seconded by Chris <br />Harlan. The motion was not voted on and deferred for further discussion. <br /> <br /> E. Whitted Space Assignment <br /> <br />The Department of Social Services and the Library completed their move out of the <br />Whitted Building in mid-January. At the Department’s request, the Manager has <br />proposed to the Board of Commissioners that the Health Department be assigned <br />additional space in the Whitted Building that includes all of the ground floor of Building <br />A. The Housing and Community Development Department will be moving to the <br />second floor above the current Health Department space and the remaining space is <br />proposed to be offered to the Orange County Schools for relocating some of their