By MaryHelen Swanson

Chisago County commissioners, Wednesday, Feb. 28, could not support the state's proposed Freedom to Breathe Act. It's not that they don't agree with it, they said, but as the resolution in support was written, it just couldn't gain unanimous approval.

Commissioner Lynn Schultz said she would like to see a survey of county businesses on what they have to say about the ban. It needs to go back to the state Legislature, she said, some statistics in the resolution need clarification.

Commissioner Bob Gustafson said he agreed with the premise of the resolution, but had some exceptions with the "loop holes" wording in the "be it resolved" portion.

It reads, the commissioners support: "The passage of the Freedom to Breathe Act during the 2007 legislative session, putting in place a strong smoke-free workplaces law with no loopholes that would protect everybody's rights to breathe clean air.."

Gustafson said he really did not want to vote against the resolution.

Commissioner Ben Montzka, who joined Gustafson in opposing the motion to not support the resolution, wanted to remove the "objectionable" loophole wording.

As the discussion continued, Commissioner Schultz said that sometimes the focus on issues gets sidetracked. In Chisago County, she noted, there has been much advancement in tobacco education; she said alcohol is this county's number one issue.

She said the focus should be on drug and alcohol use.

Board chairman Mike Robinson said while he has never smoked cigarettes, this issue is a matter of property rights.

Businesses can be smoke-free without us telling them, he said. He said he didn't like taking away rights. "Where do we stop?"

"Government shouldn't be telling people how to live their lives," he added.

Health and Human Services director Mary Sheehan reminded the commissioners that, while this has ben labeled an individual's rights issue, there is evidence of the toxicity and the effects of second-hand smoke on people.

She spoke of historical efforts to clean up streets and communities with sanitation procedures.

She said the smoking ban is the next wave of improving community sanitation.

The commissioners voted 3-2 not to support the resolution.

Montzka attempted to remove the words that were an issue to some of the commissioners, his motion received no second.

Robinson concluded the agenda item by saying everyone has the freedom not to enter a business where smoking is allowed.

In other business last week, the commissioners:

• Learned that Public Health Director Bette Friederichs is retiring in May and authorized Sheehan to advertise for the position on the Internet.

• Heard a year-end report (2006) from county Recorder Thora Fisko, who noted that the recorders office houses real estate records dating back to 1852 and birth and death records back to 1870. Also noted: 61 plats recorded in 2006, 1989 certified birth certificates issues, 1601 certified death certificates issued, 598 new resident births recorded, 102 passport applications processed and 242 marriage licenses issued. Fisko also noted that foreclosures increased 40 percent over 2005.

• Heard the MCIT (Minnesota Counties Insurance Trust) annual report from MCIT account executive Bob Goede. MCIT executive director Robyn Sykes accompanied Goede for this report.

• Learned from County Treasurer Lee Olson that the county spent 88 percent of the Levy in 2006 by the end of the year. "That's excellent," he said. He noted that the Heartland Express program needs to be dealt with. The total budget overage for 2006 was about $140,000 due in part to expenses for personnel and benefits and mileage for volunteer drivers being above budget. Additionally, gas, oil and repairs were above budget. Olson said the county needs to budget more accurately for this service. He also noted that the annual audit costs were about $28,000 above what was budgeted due in part to additional audit services provided last year. He also noted that interest income exceeded budgeted amount by over $900,000. Income in the Recorder's office was also up due to the new $46 recording fee.

• Discussed the Gustafson ball field issue and postponed any decision to tonight, Feb. 7. The meeting is at 6:30 p.m. at the Government Center in Center City.