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Commission at odds over including leased buildings in smoking rules
By Jeffrey M. Salem
A final vote by the Clay County Commission on a potential smoking ordinance that would further restrict smoking within county buildings was delayed again at its April 28 meeting.
The hang-up in the most recent draft ordinance surrounded whether county-leased buildings should be held to the same standards as buildings owned by the county.
The commission appeared split on the issue with Western Commissioner Larry Larson in favor of including leased buildings in the ban, while Eastern Commissioner Craig Porter and Presiding Commissioner Ed Quick questioned the fairness of that inclusion. Staff was directed to present differing versions of an ordinance for consideration at the May 19 meeting — one that included leased buildings in the ordinance and another that exempted leased properties, according to Clay County Administrator Alexa Barton.
The current county smoking policy allows for certain areas in county buildings to be designated for smoking, though there are only a few.
Barton acknowledged the management from Paradise Pointe Golf Complex was concerned the ordinance could affect business. The current contract with the course does not include any language about a smoking ban, Barton told the commission.
Porter said restricting smoking from county-leased buildings — like the golf course clubhouse, among others — was unfair as the leasees had no prior knowledge that a smoking ban may be enforced on their business.
“These people entered into a lease with us in good faith with the rules the way they were and now we’re changing the rules in the middle of the lease.”
Porter said he may be OK with allowing a grandfather clause to prevent damage to current leasees.
Quick asked staff to rewrite the portion of the ordinance that referred to county-leased buildings and exempt them from the ordinance.
“Maybe what we should do is take another look at this and dispense of all leased property from the ordinance,” he said. “That way we’re not playing favorites. They are either in or they are out. I mean, I don’t think we can logically restrict some of our leasees and not others.”
Larson said the health of the public was more important than protecting any potential loss of business created by the ordinance.
“I think public safety trumps the interests of business,” Larson said. “I don’t believe that there ought to be smoking in any county building whether it’s a business enterprise or county government.”
Larson also said he was against grandfathering buildings with a current lease.
The latest draft ordinance included a few other changes in relation to previous drafts. Language that extended the non-smoking boundaries 15 feet outside of any building entrance was omitted, as was a phrase that would have made it possible for groups to ask the commission for a special exemption of the ordinance.
Staff writer Jeffrey M. Salem can be reached at 389-6653 or jeffsalem@npgco.com.
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The hang-up in the most recent draft ordinance surrounded whether county-leased buildings should be held to the same standards as buildings owned by the county.
The commission appeared split on the issue with Western Commissioner Larry Larson in favor of including leased buildings in the ban, while Eastern Commissioner Craig Porter and Presiding Commissioner Ed Quick questioned the fairness of that inclusion. Staff was directed to present differing versions of an ordinance for consideration at the May 19 meeting — one that included leased buildings in the ordinance and another that exempted leased properties, according to Clay County Administrator Alexa Barton.
The current county smoking policy allows for certain areas in county buildings to be designated for smoking, though there are only a few.
Barton acknowledged the management from Paradise Pointe Golf Complex was concerned the ordinance could affect business. The current contract with the course does not include any language about a smoking ban, Barton told the commission.
Porter said restricting smoking from county-leased buildings — like the golf course clubhouse, among others — was unfair as the leasees had no prior knowledge that a smoking ban may be enforced on their business.
“These people entered into a lease with us in good faith with the rules the way they were and now we’re changing the rules in the middle of the lease.”
Porter said he may be OK with allowing a grandfather clause to prevent damage to current leasees.
Quick asked staff to rewrite the portion of the ordinance that referred to county-leased buildings and exempt them from the ordinance.
“Maybe what we should do is take another look at this and dispense of all leased property from the ordinance,” he said. “That way we’re not playing favorites. They are either in or they are out. I mean, I don’t think we can logically restrict some of our leasees and not others.”
Larson said the health of the public was more important than protecting any potential loss of business created by the ordinance.
“I think public safety trumps the interests of business,” Larson said. “I don’t believe that there ought to be smoking in any county building whether it’s a business enterprise or county government.”
Larson also said he was against grandfathering buildings with a current lease.
The latest draft ordinance included a few other changes in relation to previous drafts. Language that extended the non-smoking boundaries 15 feet outside of any building entrance was omitted, as was a phrase that would have made it possible for groups to ask the commission for a special exemption of the ordinance.
Staff writer Jeffrey M. Salem can be reached at 389-6653 or jeffsalem@npgco.com.