July 23, 2014 at 2:10 p.m.

County says no to smoking ban (01/14/08)

Jay County Commissioners

By By JACK RONALD-

Smoking will not be banned in Jay County's public places.

But buildings will be posted so that the public knows where smoking is allowed and where it's prohibited.

"That's our compromise," commissioner president Milo Miller Jr. told county health officer Dr. Stephen Myron this morning.

Commissioners unanimously agreed that the health department should work with commissioners' attorney Bill Hinkle to draft an ordinance requiring that all buildings in which smoking is allowed be posted with a warning sticker at the entrance.

"Like a scarlet letter," said Myron.

The county health board proposed a countywide ban on smoking in public areas last spring, and a hearing on the topic drew heated comments - both pro and con - last summer.

Commissioners had shied away from taking action on the proposal and showed no support for an outright ban this morning.

"I don't think Jay County should be run by three dictators," said commissioner Gary Theurer.

"We feel we're stepping on someone else's shoes," said commissioner Faron Parr. "I don't think any of us question (the health issues related to second-hand smoke). Eventually it may be banned in all states in public areas."

None of the commissioners is a smoker.

A ban could have exempted not only private lodges and clubs but taverns as well. But commissioners expressed no enthusiasm for enacting a ban with numerous exemptions. "The first thing you know you have an ordinance with a bunch of holes in it," said Theurer.

Myron, who had led the effort to bring the issue to the commissioners, said a ban could have had significant public health benefits. "When you go smoking in a public area, that's when it affects others," he said. "I don't want Jay County to be the last county (to implement a ban) because I didn't do my job as health officer."

"What it comes down to," said health board member Dale Widman, a pharmacist, "is a quality of life issue." He noted 32 of 50 states have implemented some degree of restrictions on smoking in public.

Commissioners received drafts of possible "pro-farm" ordinances presented by Vickie Lochtefeld on behalf of Jay County Farm Bureau. The various "right to farm" ordinances address such things as defining and limited when agricultural operations can be considered a nuisance.

Such an ordinance could also change the minimum lot size for properties in areas zoned agricultural-residential.

The current minimum lot size is two acres, which Lochtefeld believes unfairly restricts farmers who might be interested in developing confined animal feeding operations. A five-acre or even 40-acre minimum could be established under such an ordinance.

Commissioners took no action on the proposals but forwarded them to the zoning and planning board for consideration.

"This is a heavy ag revenue county," said Lochtefeld. "The face of agriculture is changing."

In other business this morning, commissioners:

•Discussed the impact of a potential jail expansion on an alley between Main and Water streets with Fred Bailey, owner of the former Bailey Furniture buildings. "We need semi access to these buildings," said Bailey. "It would decrease the value of our buildings considerably." Commissioners assured Bailey there was no interest in vacating the entire alley and said they would take semi access into consideration as plans develop.

•Scheduled a meeting Jan. 21 at 1:30 p.m. with Sheriff Ray Newton and county council members Gerald Kirby and George Meehan, both of whom are former county sheriffs, to discuss jail plans.

•Discussed having the Jay County Development Corporation loans of county economic development income tax funds to Omnicity reassigned to the county. "It probably was intended to be yours from day one," said JCDC executive director Bill Bradley. He noted that it is possible the rural wireless Internet provider might be acquired by another company.

"There have been some overtures from other companies," Bradley said. "The customers are still there and still receiving service."

•Agreed with Bradley's suggestion that no one on the JCDC staff should act as chair of county's EDIT advisory committee. "It really isn't appropriate for us as a staff person to be chairing that committee, in my opinion," said Bradley.[[In-content Ad]]
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