Travis County Commissioners Court
December 6, 2011 (Agenda)
Item 17
17.
consider and take appropriate action on request to post notice of public hearing to receive comments regarding proposed amendments to chapter 57 (Travis County smoking policy) of the Travis County code.
>> good morning, sheriff fleming.
this item is for you to post a public hearing in Commissioners court on 2012, January 10th.
to have an opportunity to hear from the public about proposed changes to chapter 57 which is our policy related to tobacco use on -- in Travis County facilities.
you approved an agreement with with the city of Austin back in November of last year, to receive $200,000 roughly in grant funds that came to our community from the federal government to look at the reduction of tobacco use and the impact of secondhand smoke in public facilities, and so a part of that work over the last year, we have had grant employees who have been speaking to your employees and strategically attending public functions indicating our intention to recommend a policy that will prohibit the use of tobacco products at Travis County facilities.
it is important to note a couple of things, first that your facilities that are located within the city of Austin are already smoke free by virtue of city of Austin ordinance, so the primary change or impact from any action that you would take would affect your facilities outside of the city of Austin.
it is also necessary to note that your acceptance of these grant funds does not in any way enjoin you or force you to approve recommended policy changes, so at the time these recommended changes are presented to you, you have the option to approve or reject the recommended changes, so this item allows us to hear from the public on recommended changes to your tobacco policy that would primarily affect facilities outside of the city of Austin.
>> can you just basically, since we are in the jurisdiction, as you stated earlier, of the city of Austin and they have initiated an ordinance as far as smoke free is concerned for the facility, within the jurisdiction, smoke free, I am trying to get exactly a definition of smoke free.
my interpretation is that that is within the building.
however, is smoke free also a situation where a person can smoke outside of a building?
is that what the city of Austin ordinance refers to?
or is it not smoking anywhere on city property when we are saying smoke free?
>> that is a really good question.
thank you, Commissioner.
the ordinance allows 15 feet from any entrance currently.
so one of the recommended changes to your policy would be to have your campuses be completely smoke free.
so that would mean not 15 feet.
anywhere on the property.
now, we are not able to --
>> off the property?
>> so you would have to be off the property?
>> 15 feet?
>> no.
not necessarily 15 feet.
15 feet is what is allowed by city ordinance.
>> okay.
>> but by designated your campuses smoke free, basically your property lines would indicate that.
however, we have to keep in mind, we can't prevent people from smoking on the sidewalk, for example.
so to the extent that you have a sidewalk immediately in front of your building, that would fall under the city ordinance, if it is within 15 feet of your entrance.
>> okay.
>> and we can't require people to stand in the middle of the street and smoke.
>> yes.
>> I appreciate you asking the clarifying question.
>> I think you need to clarify that a little bit, because I think there may be confusion.
let me ask you this, how far reaching does that go -- I mean, it's county, but is that every facility within the jurisdiction of the city ordinance including state, federal, all government entities, aisd, all governmental entities?
let me ask that question.
>> the changes you would make would affect those facilities owned by Travis County.
>> right.
I am just saying, as far as the city of Austin is concerned.
>> the grants we received was also received by a variety of entities including the university of Texas, central health, aisd, Austin Travis County, integral care, so there were many, many of our partners who would also have facilities similar to ours who are alsos -- either are in the process of passing or have already passed similar policy to restrict or to require their facilities to be smoke free.
>> so chapter 57 --
>> chapter 57 only affects Travis County-owned facilities.
>> but outside of the city limits -- outside of the jurisdiction of a municipality?
>> no.
it affects all of them.
my reason for mentioning those within the city of Austin is because you currently, because of city ordinance, your facilities within the city are subject to that ordinance, regardless of the policy, we are subject to city ordinance because we are located within the city of Austin.
>> I want to get clarity.
>> yes, sir.
>> so we know exactly what the public can expect and anticipate in the public hearing and make sure we have a definition of what smoke free really is and so I think that needs to be laid out for the folks to have a better understanding.
>> means no smoking on your campuses.
>> thank you.
>> so when would we receive a draft policy to share with interested residents?
>> a draft policy is available right now.
I believe it has cleared -- not cleared legal.
it's in legal.
>> and it's not in the backup?
>> its not in the backup, but we will be publishing the date of the public hearing and as soon as the policy draft clears legal, we will post that information on your website.
>> no, when I was a citizen, I always liked the Commissioners court to review a draft document before releasing it to the public.
>> okay.
>> and as county judge, I have become a much firmer believer.
so my point is, it seems to me that we ought to see that draft document.
>> [laughter]
>> now, there are serious questions, I think ability --
>> okay.
>> I think in addition to the draft document, because the language is important.
there ought to be a list of places where you cannot smoke, but the smoking community will want to know, well, where can I smoke?
and for county employees, I have several who have asked me, well, can I sit in my car and smoke?
my interpretation has kind of been that if your car is parked on county property and we adopt this no smoking, you know, blanket, you wouldn't be able to do that, right?
you would have to get in your car and drive your car off county property?
>> the current draft policy would -- would be exactly what you said.
now, the court has the authority to make any modifications you would choose.
>> if we are able to see it.
>> [laughter]
>> yes, sir.
let me just make a qualifier about you being able to see it.
we fully expect the court to see it.
this public hearing, we are following a grant time line, and our personnel will complete their work in the early 2012.
your approval of this policy has no set time line, so you may take as much time or as little time as you require to take action on this policy.
but if you would prefer to have this -- have an agenda item to review the policy prior to the public hearing, that can certainly accommodate that.
>> well, half of it is for the court to review the draft before we release it.
>> okay.
>> the other half is for interested residents to be able to see language before the public hearing.
otherwise, their comments will be too general, right.
>> yes, sir.
>> in addition to draft policy language, it seems we need to list at least where you can smoke, one is if you are a county employee and two, if you are a citizen or resident down on county property doing business.
>> we can provide the policy today with the court with the understanding it is still being reviewed by legal.
>> well, does the city of Austin have designated area of where they are supposed to smoke, the employees?
under the current policy?
>> I can't speak to their particular policy.
>> it would be good to know.
>> the ordinance calls for 15 feet away.
>> so I am saying -- the judge brought up a good point.
>> employee smoking areas, I would have to look at their policy.
>> look at what the city of Austin is doing, since this is far reaching as far as the ordinance making ability -- authority, rather, and see what they have designated as far as where a person can and cannot smoke.
I think we need to look at that, also, if possible.
if you can provide that information.
>> well, judge, on this end, normally I thought cars were public property, and wherever it is parked, if someone looked in and saw something, contraband or whatever, they have a right to search it?
I thought it was public property.
>> it is private property but if you have your car on county property, you have a right to regulate what you can --
>> okay.
>> that's my layman opinion.
when will we have the legally sanctioned draft?
can we have it in two weeks?
I think we can have it in one week.
we may just need to come up with a version and then probably attorney opinion to the court when they look at that version as far as comments and possible issues, so I think we can get that put together.
>> the public hearing is January 10th so we have time to look at it.
>> January 10th.
>> January.
>> sorry.
>> now, if we feel like that date needs to be different in light of the questions the court has posed today, I believe we have time, I hope staff is listening, to alter our ads posting.
>> if we can alter it, I would be available to that, if we move it to 17th.
>> move the public hearing to the 17th, judge?
>> I would.
if we are trying to act before February 1?
>> no, sir.
there is no qualifier on when you have to act.
>> we could wait to act until a year and a half goes by?
>> exactly.
your contract with the city ends at the end of March, I believe.
and so the staff that have been specifically working on this project will no longer be in our employ.
however, health and human services and the wellness staff who have been helping with this will be here and we will be able to carry this project forward.
so your action is your time line.
>> if we want to move the public hearing to January 24th, is that all right, does it cause a problem?
>> I don't believe so.
we can -- I will leave here and make sure we can catch our ads.
>> I will feel better doing that because I think we ought to approve a draft.
then we ought to have something to release to the public if they ask for it.
>> yes.
>> I agree.
>> and so if we can do that next week, that will give residents a little bit more than a month to look at it, give comments.
we invite comments in writing before the public hearing, right?
>> yes.
>> okay.
that timing works better for me.
anything wrong with that?
>> you may also extend your public comment period past January 24th, so if you were to receive comments, you felt like you did not have a representative number, you could continue your public comment past January 24th.
I don't believe that you have a policy requiring any particular period of time, so you -- you control how much comment you wish to receive.
>> well, this item is to post notice of public hearing, to receive comments.
so I move that we set January 24th, 2012 as the date.
>> second.
>> and that we authorize posting of this immediately after court approval of an appropriate draft.
>> yes, sir.
>> and if that closes prior to then, let us know when to look at the draft -- will we have this draft next week?
>> I think -- if they can provide the draft, as long as they provide it without our comments.
we have a draft that has comments incorporated in the draft.
provide the draft without the comments and I will provide comments separately to the court.
okay.
>> should we post that for comments in executive session next week of legal review?
>> you know we like to have our legal opinion before we take action.
>> we can do that.
>> I am seconding that motion but I also want to see is there any way possible for me to get exactly the areas that the city of Austin has designated for their employees, whomever to smoke around.
>> yes, we will request that to get that information for you as soon as possible.
>> I think that's very important for us to review.
thank you.
>> absolutely.
>> any more discussion on the motion?
all those in favor?
this passes by unanimous vote.
thank you very much.
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