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1992-11-05_Minutes 83-822 COMMON COUNCIL NOVEMBER 5, 1992 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Thursday, the fifth day of November, 1992, at 7:00 o'clock p.m. present Elsie E. Wayne, Mayor Councillors Chase, Coughlan, Gould, Knibb, Landers, McAlary, A. Vincent and M. Vincent - and - Messrs. J. Brown, City Manager; F. Rodgers, City Solicitor; J. C. MacKinnon, Commissioner of Environment and Infrastructure Services; J. Johnson, Building Inspector; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. The Mayor called the meeting to order and noted that its purpose is to hear presentations with respect to the City's proposed Smoking By-Law, which was given first reading on May 4, 1992; and that this is the second hearing, the first having been held on Tuesday, October 27; and advised that, following this meeting, Council will be referring the matter to staff for direction and Council's further consideration. Mr. Frank Hogan appeared before Council, representing the New Brunswick Lung Association as the Volunteer Chairperson of the Saint John Branch; noted the presence in the Council Chamber of Margaret Murdoch, Executive Director of the New Brunswick Lung Association, and Sue Kelso, Co-Ordinator in Fredericton; and explained that the New Brunswick Lung Association, a health agency, must continue to care and try to get the message out on the health effects of both first- and second-hand smoke. Mr. Hogan, through a slide presentation including statistical graphs, commented on the Association's particular concern that children and teenagers, because of factors such as peer pressure and image, are often blinded to the long-term consequences of smoking and the effects of second-hand or environmental tobacco smoke (ETS). Mr. Hogan commented on the results of surveys carried out in the United States, Canada and Saint John with respect to opinions on whether or not there should be restrictions on smoking in restaurants, the workplace, public transport and hotels, and public places; the education level with respect to the benefits of being a non-smoker and the benefits to smokers of smoking restrictions; and advised that the City of Saint John would not be setting a precedent by enacting a smoking by-law in that 280 Canadian municipalities already have some form of smoking by-law. Mr. Hogan also advised that an attempt is being made to obtain from the Provincial Ministry of Health the costs of smoking to the health care system of New Brunswick of smoking; further advised that, if it is not possible to simply ban smoking in indoor public places, which is the Association's first preference, the Association feels that it must at least address the alternatives with regard to indoor public places, including food stores, shops and retail stores, waiting areas, banks, common areas (hospitals, etc.), churches, schools, meeting halls, and similar facilities, which represent approximately 90 per cent of all areas affected by the proposed by-law, in that it is likely that the solution will be to declare them non-smoking areas, rather than consider the cost of installing ventilation systems or enclosed areas for smoking purposes; and, with regard to the places where the most concern is being expressed as indicated by the presentations to Council, noted that such places include restaurants, bars and bingo halls. Mr. Hogan acknowledged the Association's recognition that restaurants are a special circumstance, making the observation that the proposed By-Law provides special considerations in this regard; and recommended that, if a total ban is not possible, bars and bingo halls be given the same consideration as restaurants and also be allowed to phase-in the maximum size of designated smoking areas starting with 60 per cent in 1993, 50 per cent in 1994, and 40 per cent in 1995; and further recommended that an automatic review period in 1995 be provided for in the By-Law in that the risks of tobacco smoke to both smokers and non-smokers are increasing at such a fast pace that any smoking by-law enacted today must be reassessed in light of new information in the future. Dr. Robert C. Beveridge, Chief of Emergency Medicine at the Saint John Regional Hospital and Assistant Professor of Medicine at Dalhousie University, addressed Council from the point of view of health and what he sees as some of the 83-823 COMMON COUNCIL NOVEMBER 5, 1992 direct and indirect consequences of a progressive smoking by-law and on strategies which, in his opinion, would be effective to improve the overall health of the citizens of Saint John, and suggested that there ought not to be debate over whether cigarette smoke or second-hand smoke or ETS is a serious health problem, nor can be it be assumed that people are well-educated about the effects of cigarette smoke in that this has been disproved through a heart health survey done a few years ago when it was found that 40 per cent of the people in New Brunswick were not aware that cigarette smoke is a serious risk factor for heart disease. Dr. Beveridge suggested that, while he does not know why in Saint John the mortality rate for cancer, heart disease and respiratory disorders is about 20 per cent higher than the rest of Canada and the death rate for respiratory causes is as much as 50 per cent higher than in any other community in the Province, there are things that can be done to change that; and advised that a smoking survey in the City determined that the rate of smoking among Saint John persons is about the same as the regional average, being about 30 per cent of the population, while about 27 per cent of Canadians nationally smoke. Dr. Beveridge expressed the opinion that going out into the community and being exposed, intermittently, to cigarette smoke is not likely to be a major risk factor in that it requires substantial doses of environmental tobacco smoke to cause these effects; however, many people suffer from respiratory diseases who are not allowed to enjoy all the benefits of going freely about the community; and cited as an example of this a situation, which was the subject of a letter to him from a concerned citizen, involving her daughter, who has asthma, driving on a City bus in which the driver was smoking and subsequently needing to go to an emergency department for treatment after being exposed. Dr. Beveridge also suggested that, with respect to his priority that young people be educated so as to prevent them from starting to smoke, it could be made to appear to them that it is very clear that society does not accept cigarette smoke because it is an unacceptable risk for bad health by taking it away from areas where children will see it, such as shopping malls, restaurants, and other public places, and that it could be easier to prevent the problem from starting than to attempt to stop the addiction; and made the observation that, in determining how restrictive a by-law should be, bars could be overlooked in that children cannot go to bars and adults have the choice. The Mayor advised that the issue of a City transit bus driver smoking on the bus would be followed-up immediately through the Transit Commission as it is her understanding that this is against the Commission's policy. Heather Erb-Campbell, speaking on behalf of the Heart and Stroke Foundation of New Brunswick, advised that cardiovascular disease is the number one cause of death in Canada, resulting in almost 80,000 deaths per year, and the single most preventable cause of cardiovascular disease is smoking, while tobacco use alone kills over 38,000 Canadians each year and the economic costs of tobacco use are staggering; however, second-hand smoke or environmental tobacco smoke is an important health issue that those who continue to smoke must address for the health of others; and suggested that the issue at hand at this time is one of second-hand smoke, not of smoking, in that the majority of people have chosen not to smoke. Ms. Erb- Campbell commented on the importance of reaching children and teenagers in order to have a major impact on the number of deaths from smoking, with one of the ways to change current smoking patterns being to reinforce non-smoking as normal, the socially-acceptable choice; and expressed the opinion that, critical to doing this while protecting the health of the majority of the population, is to legislate smoke-free spaces. Ms. Erb-Campbell noted smoking restrictions already in place in Canada on domestic and international flight, bus, train and banking services, as well as smoke-free retail stores, theatres and shopping centres; and, with regard to environmental tobacco smoke, advised that the Foundation does not support the creation of separately- ventilated areas for smokers on the basis that such areas would need to be self- contained, properly sealed and separately ventilated to the outdoors in order to remove environmental tobacco smoke air pollution in buildings. Ms. Erb-Campbell also advised that, with regard to concerns about the expense to enforce a non-smoking by-law, the fact is that cities with 100 per cent smoke-free ordinances report that they are even easier to enforce as there is no ambiguity in how to implement smoke-free policy; and concluded that, with the support of the 77 per cent of Saint John citizens who have chosen not to support, Saint John can be first in charting a new, healthier, smoke-free future for the citizens of the community. 83-824 COMMON COUNCIL NOVEMBER 5, 1992 Mr. Dave O'Brien appeared on behalf of the Saint John Charitable Bingo Association, which represents 21 bingo halls presently operating within the boundaries of the City of Saint John; apprised Council of a number of the charitable organizations which are recipients of proceeds from the Charitable Bingo Association, as well as the organizations and nights on which bingo is held, noting that these funds are needed to in some cases supplement the persons who benefit from the charities and in other cases are the sole source of income; and explained that, as bingo halls come under the jurisdiction of the Provincial Lottery Commission, a department of the Minister of Finance, a minimum of 15 per cent of gross sales must be maintained for the charity which must be calculated before all prizes and costs of operating a bingo are paid out. Mr. O'Brien commented on the results of the Association's survey of its bingos and players which concluded that 70 per cent of players are smokers, 27 per cent of non- smokers insist on sitting with their smoking friends even when non-smoking sections are available, 97 per cent of players advised they wanted no change, and 3 per cent of players wanted a change; and expressed the opinion that Council has a mandate to enact a smoking by-law but only in those public areas over which it has direct jurisdiction; therefore, as restaurants, bingo halls, banquet halls and so on are classed by law as private business, the owners of those premises are the only persons who have the right to ban smoking or reduce smoking within their premises, and that, to look at it in any other manner is a denial of personal rights and sets a precedent of intrusion into the private domain. Mr. O'Brien suggested that there are three sides to this issue: the health side, the dollars and cents side and the common sense side; and proposed that a common sense solution might be for the City of Saint John to come up with a formula to rate the quality of air in bingo halls and require operators to post public signs, along with a warning of the health hazard, and it would then be the responsibility of each bingo hall, over a 5-year period, to address its rating by mechanical means and/or by gentle persuasion of its players to slowly reduce their smoking habits. Mr. O'Brien distributed copies of his brief to Council members following his presentation. Mr. Wally Bunn, who with his wife Betty own and operate the Historic Cafe, 1990 Ltd. at 179 Prince William Street, addressed the proposed Smoking By- Law, particularly on the basis that, while the public advertisement with respect the hearings indicated that restaurants with 41 or fewer seats are exempted, the proposed By-Law is written in such a manner that these establishments come under more stringent restrictions than the larger establishments, and asked for clarification of section 6, subsection 1 dealing with an indoor public place, other than a restaurant having a seating capacity for 41 or more persons. Mr. Bunn explained that, as the Federal and Provincial Governments have banned smoking in most of their buildings and due to the proximity of the Historic Cafe to these buildings, employees from these buildings now frequent the Historic Cafe to the extent that it is 95 per cent smoking about 98 per cent of the time; therefore, to try to change that now and adopt a no- smoking policy would be totally devastating for the business. Mr. Bunn made the observation that the proposed By-Law is not one of choice but rather is restrictive in the sense that the architecture of many buildings would not allow the renovations necessary, and the cost for many businesses would be totally restrictive; therefore, the by-law is aimed at having people make their establishments non-smoking; and, in acknowledging that there is a need to enact a by-law to protect people who have no choice but to be in public areas, suggested that the hospitality industry should be allowed to judge its customers as to whether or not they are smokers or non-smokers and attempt to cater to the needs. At the request of the Mayor, Mr. Johnson confirmed Mr. Bunn's observation with respect to the manner in which the By-Law restricts restaurants with 41 or fewer seats; and clarified that this was not the intent, in writing the proposed By- Law in that, while a general exemption for small restaurants in stand-alone buildings was put in the beginning of the By-Law, the fact that there are restaurants with 41 or fewer seats not in stand-alone buildings which should be given the same exemptions was not considered when writing the regulations for restaurants that were larger; therefore, it will be necessary to re-word the By-Law to meet the intent. Paula Cunningham addressed Council as a counter clerk in the hospitality industry; expressed the opinion that, due to the high cost of renovations required to comply with the proposed By-Law, the establishment where she works will be unable to stay open and her job will be gone after 4 years of dedicated service and 83-825 COMMON COUNCIL NOVEMBER 5, 1992 hard work, and she will be unemployed; and asked Council to think again before passing the proposed By-Law. Lisa Anderson, a worker in the food service industry, spoke on the basis that her job depends on Council's decision, and asked Council not to pass the proposed By-Law as is. May Spavold appeared to ask Council to reconsider its decision with respect to a proposed Smoking By-Law; advised that she is a manager in the food service industry in a restaurant that seats 62 people of which 75 per cent are smokers and that, if the By-Law is passed as is, the restaurant, financially, will not be able to do the changes required and will have not choice but to become a no smoking restaurant and lose 75 per cent of its customers; also advised that this would close the restaurant down and result in ten persons being out of a job; and expressed the opinion that any changes warranted should be the restaurant's decision as a lessee not the Common Council. Charlene Roy was not present at the meeting to present her previously- submitted letter which asked Council to reconsider its decision on the basis that, if the By-Law is passed as is, she would be out of work as a counter clerk in the hospitality industry. Diane Putt spoke as an employee of a privately-owned small business in the City on the basis of her opinion that intervention in the private sector by Common Council is unacceptable; expressed agreement that members of the public should be made aware of the environment into which they enter by a smoking/non-smoking sign on the outside of the building, but it should be the individual who has financed the operation and the individuals who choose to enter the establishment to dictate their environment; suggested that the cost of renovations would force many small businesses to close; and requested that Council re-evaluate the proposed By-Law before the final vote. Dr. Christine Davies, Co-Chair of the Health Action Council, addressed the proposed Smoking By-Law, and elaborated on the following reasons for the Health Action Council's support of the By-Law: (1) a healthy community is by definition a non- smoking community; (2) barring smoking in the workplace has encouraged smokers to quit, and barring smoking in public places will further encourage people to quit; (3) smoke-free public places send a better message and set a better example to the youth, who are bombarded by advertising urging them to smoke; and (4) non-smokers have a right to a smoke-free environment in public, to protect their health and comfort. The Mayor noted that the Saint John Charter Rights and Civil Liberties Association submitted a letter to Council at its last meeting which the City Solicitor must address; and Councillor M. Vincent referred the following questions on the proposed By-Law to the City Manager for a response to Council:- (1) does section 3, which deals with public places, include a grandstand; (2) with respect to section 4 b), which indicates that a person may smoke in a designated smoking area in an indoor public place, who is responsible for designating; (3) with regard to section 5.1 b), which refers to the posting of no smoking signs in certain areas which serve the indoor public place, are elevators already covered in the National Fire Code; and (4) does section 6.1 (1) include tents. The Mayor also noted that this concludes the public hearings on the proposed Smoking By-Law and that staff will now review it in view of statements and questions which have arisen, and report to Council at either the November 9 or November 16 meeting. On motion of Councillor M. Vincent Seconded by Councillor Landers RESOLVED that this meeting be adjourned. Question being taken, the motion was carried. 83-826 COMMON COUNCIL NOVEMBER 5, 1992 Common Clerk