1993-05-26_Minutes
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COMMON COUNCIL
MAY 26,1993
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Wednesday, the twenty-sixth day of May, AD. 1993, at 5:30 o'clock p.m.
present
Elsie E. Wayne, Mayor
Councillors Chase, Coughlan, Knibb, McAlary, Trites, A Vincent
and M. Vincent
- and -
Messrs. 1. Totten, Acting City Manager; F. Rodgers, City Solicitor;
D. Wilson, Commissioner of Finance; C. Robichaud, Assistant City
Manager - Operations; S. Bedford, Commissioner of Development
Services; S. Armstrong, Director of Engineering; D. Logan,
Purchasing Agent; A Martin, Assistant Deputy Chief of Police;
Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant
Common Clerk.
The Mayor noted that this is a continuation of the Tuesday, May 25, 1993
Common Council meeting which adjourned until this time.
Public presentation was made of a proposed Municipal Plan amendment
to redesignate on Schedule 2-A, the Future Land Use Plan, a triangular parcel of land
located at 100 Kierstead Road (NBGIC Number 467696), from Medium Density
Residential to Light Industrial classification, to permit re-zoning of the same property to
"1-3" Light Industrial Park and reuse of the existing building for offices, retail and
showroom, as requested by Pro-Woodworking Enterprises Ltd.
The Mayor advised that arrangements have been made for the Duck
Cove Recreation & Heritage Association Inc., which was scheduled to make a
presentation at this meeting, to make its presentation to Council at a later date.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the letter from Mayor
Wayne submitting a letter from Dalhousie University advising that, for the sixth
consecutive year, the Centre for Public Management, Henson College, Dalhousie
University is engaged in its annual financial campaign for its Municipal Endowment
Fund, and requesting a contribution in 1993-94 to this cause -- be received and filed.
Councillor Trites, a representative of the New Brunswick elected officials
on the Maritime Municipal Training and Development Board, advised that he would not
support the above motion on the basis that the matter should be referred to the City
Manager to review the City's training budget to determine if an amount is available to
contribute to the trust fund which will generate an income to help in developing courses
which are very valuable to municipal representatives, both administrators and elected
officials. Councillor Knibb expressed the opinion that it is not the time for the City to
consider giving tax payers' money to an institution outside the Province even though it
does something to service the training of municipal officials, and also the University
should be well able to manage in view of the amount of the registration fee associated
with its weekend courses.
Question being taken, the motion was lost, a tie vote having been created
with the Mayor and Councillors Coughlan and Trites voting "nay".
(Councillor M. Vincent entered the meeting.)
On motion of Councillor Trites
Seconded by Councillor Coughlan
RESOLVED that the above matter be
referred to the City Manager for a recommendation.
Question being taken, the motion was carried with Councillor Knibb voting
"nay".
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MAY 26,1993
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from Mayor
Wayne submitting a letter from The Honourable Russell H. 1. King, Minister of Health
and Community Services, commenting on two cost recovery initiatives which are part of
the Provincial Government's continuing review of its services and its rationalization of
who should pay for those services in keeping with the desire to encourage the
development of private enterprise -- be referred to the City Manager.
Mr. Robichaud advised that, with regard to the increase in the fee for
bacteriological water testing from $15 to $35 per sample, it is staff's intent to discuss the
matter of water testing with District Medical Health Officer Scott Giffin as the City, in
following guidelines for Canadian drinking water, carries out more tests than specified by
the drinking water standards; therefore, there is an alternative of possibly reducing the
number of tests; and that staff will also consider new technology, as well as discuss with
the Province that, as this is a bacteriological test as opposed to a chemical test, the
former does affect health and is a Provincial, not a City, responsibility. With regard to the
Province's cost recover initiative with respect to the fee for assessing land which is to be
subdivided for development with on-site water and sewerage, Mr. Bedford advised that
staff will discuss the matter with the Department of Health to determine how it
specifically impacts the City's processes with respect to prepared recommendations from
the Planning Advisory Committee. Councillor A. Vincent made the observation that,
since the enactment of equal opportunity legislation in 1967 at which time the Province
took over the responsibility for such matters, the Province has continually reversing the
responsibility back to the municipalities.
(Councillor Chase entered the meeting during the above discussion.)
Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
The Mayor called for a motion to add to the agenda of this meeting two
matters which were considered in Committee of the Whole on Tuesday, May 25,
concerning the 1995 Acadian Games and a Nominating Committee recommendation.
On motion of Councillor M. Vincent
Seconded by Councillor Trites
RESOLVED that the above-mentioned
matters be added to the agenda for consideration at this meeting.
Question being taken, the motion was carried.
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, (1) Common Council approve funding for the 1995 Acadian Games in the
amount of 10% of the audited cost of the Games up to a maximum of $15,000; (2) the
City make available the necessary fields and facilities to the Games; and (3) as a
condition of (1) and (2), the Samuel de Champlain group accept responsibility as host for
the Games and guarantee any loss that may be a result of the event.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor McAlary
RESOLVED that as recommended by the
Nominating Committee, further to the resolution adopted by Common Council on March
29, 1993, the following persons be appointed to a committee to review the taxi industry
and submit a report and recommendations to Council, namely:- Norman E. Herrington,
Vijay Kawatra (Hospitality Saint John Inc.), A. C. Martin (Assistant Deputy Chief of
Police), Shirley Elliott (Tourism & Communications Department), Brian Beckingham
(Uptown Saint John Inc.), Councillor Derek Chase (Council liaison), Advisory staff: Frank
Rodgers, Legal Department, and Taxi Industry advisors Paul Ram & Robert Gale.
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Question being taken, the motion was carried with Councillor Knibb voting
"nay".
Her Worship the Mayor gave the following Notice of Motion:-
"I do hereby give Notice that I will, at a meeting of Common Council held
after the expiration of thirty days from this day, move or cause to be moved, the following
resolution, namely,
RESOLVED that occasion having arisen in the public interest of the following
Public Civic Works and needed Civic Improvements, that is to say:
GENERAL FUND:
Protective Services
AS400 redundancy $46,618; Fire Station #1 $35,690; Fire Station #2 $11,715; Fire
Station #4 $10,597; Fire Station #6 $38,236; Fire Station #8 $49,165; Hazardous
Materials Vehicle $63,601; North End Fire Station $720,112; Opticom Traffic Light
System $40,592; and West Fire Station $304,674 -- $1,321,000
Transportation Services
Arthurs Road $16,664; Bleury Street $104,819; Bradley Lake Road $20,587; Busby
Street $18,552; Champlain Drive $30,358; Chipseal (Various) $23,032; City Line
$66,369; Coburg Street $16,130; Connors Street $17,124; Cracksealing (Various)
$20,893; Cranston Avenue $89,656; Crowley Road $14,165; Dufferin Row $90,434;
Duke Street Central $17,805; Glen Road $41,679; Golden Grove Road $138,131;
Goldsworthy Road $13,072; Green Street $20,783; Hillcrest Road $64,476; Main Street
North $122,178; McAllister Drive $274,145; Mt. Loyal Roadway $18,234; Municipal
Operation Complex $72,330; Orange Street $127,165; Park Avenue $74,833; Sand
Cove Road $34,360; St George Street West $49,388; St. John Street West $47,769;
Thorne Avenue $52,243; Union Street $26,532; Woodville Road $60,698; Works
Complex East $89,211; Works Complex North $162,886; Works Complex West $27,299
-- $2,064,000
Environmental Development
City Market $1,118,320; Housing Infill Development $10,045; Loyalist Place New
Construction $5,933; Pedway - Exhibition Centre to Mercantile Centre $45,894; Saint
John Regional Exhibition Centre $3,600,000; Subdivision Cost Sharing $229,958;
Tourist Bureau $25,850 -- $5,036,000
Recreation & Parks
Belyea Arena $6,695; Carleton Community Centre $42,350; City Market Systems
$14,329; Fisher Lake $357,440; Forest Glen Community Centre $3,850; Golf Clubhouse
Systems $1,960; Gorman Arena $64,123; Hurley Arena $6,695; Lancaster Arena Interior
$63,253; Landscape Market Square $21,481; Maintenance Building Adelaide Street
$33,467; Millidgeville Centre $109,865; North End Community Centre $14,686; Old
Provincial Building $20,024; Playground & Community Development $177,921;
Shamrock Park Systems $20,169; Simonds Arena $20,692 -- $979,000
Public Transit -- $1,600,000
Total General Fund -- $11,000,000
WATER & SEWERAGE UTILITY
Water System
Charlotte Street $43,300; Connors Street $46,323; Dead End Elimination Program
$16,365; Duke Street West $60,230; Lead Services $82,722; Ludlow Street $36,998;
Main Street North $104,986; Mount Pleasant Avenue (Central) $90,089; Newman Street
$16,556; Pokiok Road $19,327; Spruce Lake Screens $31,154; Station Street $164,234;
Union Street $56,845; Victoria Street $61,050; Watershed (Loch Lomond) $39,681;
Woodville Road $22,140 -- $892,000
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Sewer System
Boars Head Road $51,191; Burpee Avenue $33,194; Central Avenue 44,108; Charlotte
Street $27,863; City Line $21,095; Connors Street $74,943; Duke Street Central
$87,378; Expansion Drive $46,370; Fundy Drive $24,912; Glen Falls Lift Station
$78,017; Harbour Wastewater Study $194,128; Kennedy Street $95,524; Local Drainage
$38,896; Ludlow Street $89,758; Main Street North $138,998; Manawagonish Road
$147,520; Millidgeville Sewage Treatment Plant $31,904; Mount Pleasant Avenue
Central $129,023; Newman Brook Trunk $142,049; Todd Street $22,394; Union Street
$81,262; Victoria Street $102,104; Westmorland Road $95,940, Woodville Road
$29,429 - 1,788,000
Total Water & Sewerage Utility -- $2,680,000
Total for all purposes -- $13,680,000
THEREFORE RESOLVED that debentures be issued under provisions of the Acts of
Assembly, 52 Victoria, Chapter 27, Section 29 and amendments thereto, to the amount
of $13,680,000.".
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the correspondence
concerning the above Notice of Motion be received and filed.
Question being taken, the motion was carried.
Consideration was given to the report from the City Manager
recommending the award of the tender for sand and gravel, which was tabled on May
17, 1993.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender for sand and gravel be awarded to the low bidders meeting
specifications and the terms and conditions of the tender in each case, as indicated in
the submitted bid summary.
Councillor Knibb asked if, in view of Council having tabled the above
matter for discussion in Legal Session on May 17, staff has any further information for
Council with respect to the tender in the case of crushed gravel on which Gulf Operators
was the low tenderer but not recommended by staff as it has yet to receive approval of
its application for a permit at the specified location and further qualified its tender; to
which Mr. Totten made the observation that the report before Council is that which was
tabled on May 17 and nothing has changed since that time. In response to Councillor A.
Vincent, Mr. Totten expressed the understanding that discussion has taken place
between legal representatives of the Company in question and the City and the matter is
still being pursued at this point in time; however, there is still no solution that would
cause staff to change the recommendation; and Mr. Logan advised that, as he did not
anticipate a question relevant to any additional cost to the taxpayer due to the unsettled
matter with Gulf, he did not calculate a total on the six items on which Gulf Operators
was the low tenderer and not recommended for acceptance. Mr. Totten made the
observation that, in comparing staff's recommendation to the prices quoted by Gulf, a
preliminary review would indicate that the City would be paying 60 cents more per ton for
whatever quantities of the product concerned the City would use in a year, although he
does not have the estimated quantities. Mr. Rodgers advised that, with regard to the
outstanding issue of security with respect to a permit for excavation in a general
application, the security, in the City's opinion, is not satisfactory, and that has been
communicated to Gulf Operators from the point of view of what the last meeting was
supposed to have done to resolve the matter and no response has been received from
the Company to the City's request for security, along the lines of the letter, for the City to
examine. Mr. Logan made the observation that the reason staff is recommending
rejection of Gulf Operators' tender is because of non-compliance in that it qualified its bid
and indicated that it would not comply with term and condition number 6 of the tender
which specifically indicates that, if the contractor's gravel pit does not meet this
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requirement, meaning the permit, then the material shall be obtained by the City from
another source and the contractor shall be required to pay the difference in cost;
therefore, if the City awarded the tender to Gulf Operators at this point, then Galbraith
Construction, which is the next low bidder, is not obligated to honour the prices that it
tendered, and that the noted difference of 60 cents could be substantially more than 60
cents. Deputy Mayor McAlary advised her intent to oppose the above motion as the City
apparently bas not completed the legal work on this matter, and she still does feel
uncomfortable about this issue in that nothing has been completed between the last
Council meeting and this meeting.
Question being taken, the motion was carried with Councillors McAlary
and A. Vincent voting "nay".
On motion of Councillor M. Vincent
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, contract 93-1, curb and sidewalk construction, be awarded to the low
tenderer, Fairville Construction Ltd., at the bid price of $2,049,198.20, as calculated
based upon estimated quantities, and that the Mayor and Common Clerk be authorized
to execute the necessary contract documents.
Question being taken, the motion was carried.
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that as recommended by the
City Manager, contract 93-9, Union Street reconstruction - St. Patrick Street to Hazen
Avenue, be awarded to Standard Paving Maritime Ltd., at the tendered price of
$141,275, as calculated based upon estimated quantities, and that the Mayor and
Common Clerk be authorized to execute necessary contract documents.
Question being taken, the motion was carried.
Read a report from the City Manager advising that, further to Council's
consideration on January 11 of a letter from the Brewery and Soft Drink Workers - Local
362 concerning Refillable Beverage Container legislation, the National Union is
advocating a reduction in recyclable containers and a corresponding increase in
refillable containers and, more specifically, is proposing a ten-year phase-out of
recyclable containers used for soft drinks, wine and liquor, and a similar ten-year phase-
out of recyclable containers (cans) used in the production of beer; commenting further in
this regard; and submitting a recommendation for Council's consideration.
On motion of Councillor M. Vincent
Seconded by Councillor McAlary
RESOLVED that as recommended by
the City Manager, the Brewery and Soft Drink Workers - Local 362 be commended for
raising the issue of the Refillable Beverage Container legislation at the national level and
be encouraged to continue to work closely with the Department of the Environment in a
holistic approach to the reduction of the solid waste stream.
Councillor M. Vincent asked if there would be anything further Council
could do to bring the above matter into more visible focus, and suggested that it could be
a matter for consideration by the Cities of New Brunswick Association. Councillor Knibb
asked if staff consulted the manufacturers to determine their views on the matter in that,
while the environmental side of the matter is known, it would not be in order to request
the Province to enact legislation which might be harmful to industry which is producing
things in bottles, cans and plastic, to which Mr. Totten relied that staff is not in a position
at this time to respond to the question of the manufacturer.
Question being taken, the motion was carried.
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MAY 26,1993
On motion of Councillor M. Vincent
Seconded by Councillor Trites
RESOLVED that the above matter be
referred to the City Manager to review further the production and usage side relevant to
the supplier and that the matter be referred to the Executive of the Cities of New
Brunswick Association for consideration at the October meeting to be held in Saint John,
along with a copy of the Mayor's letter to Council in this regard on January 11, 1993.
Councillor Trites suggested that a panel type of approach could be
arranged for discussion of the above matter at the Cities' meeting with representatives of
the different sides to debate the issue before the Cities' representatives.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Chase
RESOLVED that as recommended by the
City Manager, Common Council resolution of May 3, 1993, concerning the erection of a
stage on North Market Wharf, and Common Council resolution of May 17, 1993
regarding the "Sand & Slip" operation, be amended by changing the name of the party to
the agreement from Paul Grannan to Fog Cutters Inc.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that as recommended by the
City Manager, the tender of L. Doherty Chipping, Apohaqui, N.B., be accepted for the
right to cut and remove approximately 300 cords of selected wood fibre, as indicated in
the submitted bid summary and in accordance with the City's Municipal Watersheds
Forest Management Plans.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the report from the City
Manager comparing the National Home Based Business Project Committee's
recommendations in its report entitled "Home Enterprise: Canadians and Home-Based
Work" with the current approach to home-based businesses in the City of Saint John;
advising that the direction of the Report's recommendations and the City of Saint John's
approach to home occupations are consistent in most ways, nevertheless there are
some adjustments which could be considered with respect to permitted number of non-
resident employees, floor area, parking and range of uses, and, in addition, the outright
prohibition of home occupations by the Millidgeville Secondary Plan needs to be re-
examined in light of the growing trend toward home work, particularly substituters and
supplementers; and recommending that (1) a data base be maintained to monitor
complaints concerning home occupations; (2) as part of the Millidgeville Plan
Implementation Program, consideration be given to relaxing the current prohibition of
home occupations in Millidgeville; and (3) the Zoning By-Law be amended to increase
the maximum number of non-resident employees in a home occupation from one to two;
and to increase the maximum dwelling unit area which may be devoted to a home
occupation from 20 per cent to 25 per cent - be received and filed and the
recommendation adopted and the proposed Zoning By-Law amendment be referred to
the Planning Advisory Committee for a report and recommendation and that the
necessary advertising be authorized in this regard, with the public hearing to be held on
July 5, 1993.
During discussion Councillor Trites suggested that recommendation (1)
should indicate that a data base be maintained to monitor comments, rather than
complaints as indicated in the City Manager's report; Councillor Chase noted the down-
side to the home occupation relevant to persons being paid less than the minimum wage
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for work done; and the Mayor noted that on July 6, 1992 she submitted correspondence
to Council from FCM related to home-based business
Question being taken, the motion was carried.
Read a letter from the City Solicitor submitting for Council's consideration
of third reading a proposed Traffic By-Law amendment concerning parking on Elliott
Row, which was given first and second readings on May 17.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the by-law entitled, "A
By-Law To Amend A By-Law Respecting Traffic On Streets In The City Of Saint John
Made Under the Authority of The Motor Vehicle Act, 1973, And Amendments Thereto",
with regard to parking on Elliott Row, be read a third time and enacted and the Common
Corporate Seal be affixed thereto.
The by-law entitled, "A By-Law To Amend A By-Law Respecting Traffic
On Streets In The City Of Saint John Made Under the Authority Of The Motor Vehicle
Act, 1973, And Amendments Thereto", was read in its entirety.
Question being taken, the motion was carried.
Read report of the Committee of the Whole
(as follows)
To the COMMON COUNCIL of the City of Saint John
The Committee of the Whole
reports
Your Committee reports that it met on May 17, 1993, when there were
present Mayor Wayne and Councillors Chase, Coughlan, Gould, Knibb, Landers,
McAlary, Rogers, Trites and M. Vincent, and your Committee submits the following
recommendations, namely:-
1. That as recommended by the City Manager, consistent with Council's
policy, The Boys & Girls Club of Saint John Inc. be advised that the City is not prepared
to waive the Lily Lake Pavilion fee for its upcoming fund-raiser.
2. That as recommended by the City Manager, the bids received from Grove
Construction (1986) Inc. and Standard Paving Maritime Limited under tender #93-080
"Utility Cut Repairs" be rejected, bid deposits be returned, the specifications be rewritten
requiring a pre-tender meeting to explain the City's requirement, and the work be re-
tendered.
3. That as recommended by the City Manager, Common Council resolution
of April 26, 1993 concerning Skyfest be amended to read: "that as recommended by the
City Manager, the City give a grant to Skyfest Productions Inc. of up to $25,000 upon
completion of the May 29 - 30, 1993 air show in Saint John, and the presentation of a
financial report; and further that the $25,000 be held in trust as guarantee to Transport
Canada to cover a land lease agreement and renal costs, and further that the $25,000
fee will only be released to Skyfest after receiving a release from Transport Canada that
the obligation between Skyfest and Transport Canada has been honoured.
Tuesday, May 25, 1993,
Saint John, N.B.
Respectfully submitted,
(sgd.) Elsie E. Wayne,
C h air man,
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 1 of the above
report be adopted.
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Question being taken, the motion was carried with Councillor A. Vincent
voting "nay".
On motion of Councillor Trites
Seconded by Councillor Knibb
RESOLVED that section 2 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Trites
RESOLVED that section 3 of the above
report be adopted.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Coughlan
RESOLVED that as recommended by
the Planning Advisory Committee, (1) Common Council assent to the submitted photo-
reduced subdivision plan of the Silver Falls Subdivision at 145-153 Garnett Road, under
the condition that the developer provides a 6-metre (20-foot) municipal services
easement between Lots 93-2 and 93-3; (2) Common Council permit the extension of
municipal sanitary services from Myles Drive over Lot 72-6 to service the proposed lots
and that such location shall be subject to the approval of the Development Officer; and
(3) Common Council authorize the preparation and execution of a City/Developer
subdivision agreement to ensure provision of required services.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that as recommended by the
Board of Trustees of the City of Saint John Pension Plan, Common Council approve the
retirement of Mr. Wayne Joyce, an employee of the Fire Department, in accordance with
Section 9(1) of the City of Saint John Pension Act, the Board having been supplied with
the required medical reports as to his permanent disability.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that the letter from the
Board of Trustees of the City of Saint John Pension Plan notifying Council of the
employees who will reach the compulsory retirement age in 1993, namely:- Velma
Keirstead - Finance Department; Edgar W. Garnett - Works Department, Edward G.
Findlay - Works Department, and Douglas S. Fordham - Parks Department - be
received and filed.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the letter from Mr. John
R. Belyea regarding problems being experienced on Highview Roadway in that the
residents of Highview Roadway have not been given the same service as residents of
other roads in the Morna area - be referred to the City Manager.
Question being taken, the motion was carried.
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On motion of Councillor Coughlan
Seconded by Councillor M. Vincent
RESOLVED that the letter from Mr.
Rashida Memon, Manager of Rockwood Park Waterslides Ltd., requesting that, in light
of financial constraints on the waterslide operation because of the weather and
vandalism, the City forgive the 1992 licensing fee and postpone the payment of the 1993
season until the year's end - be referred to the City Manager and the Rockwood Park
Advisory Board.
Question being taken, the motion was carried.
On motion of Councillor Knibb
Seconded by Councillor McAlary
RESOLVED that the application of Mr.
Kemal Raymond Debly for the re-zoning of 90 Park Street Extension be referred to the
Planning Advisory Committee for a report and recommendation and that the necessary
advertising be authorized in this regard, with the public hearing to be held on July 5,
1993.
Question being taken, the motion was carried.
The Mayor noted that the meeting would recess at this time and
reconvene at 7:00 o'clock p.m. on this date for the hearing regarding the proposed
Smoking By-Law, which was given first and second readings on April 26.
The meeting reconvened at 7:00 o'clock p.m., when there were present
Mayor Wayne and Councillors Chase, Coughlan, Knibb, McAlary, Trites and A. Vincent,
and Messrs. Totten, Rodgers, MacKinnon, Bedford; J. Johnson, Building Inspector; Mrs.
Munford and Ms. Joyce.
Consideration was given to a letter from Evelyn Nolan advising that she
works in a very public place and is concerned about the effects of smoke on the health
of people who do not smoke, and that consideration should be given to non-smokers,
especially the innocent children. Ms. Nolan was not present to address the matter.
Consideration was given to a petition from SHARE Activity Centre Inc. in
opposition to the proposed Smoking By-Law. The Centre was not represented at the
meeting.
Messrs. Jean Cormier and Frank Hogan were present at the meeting on
behalf of the Saint John Chapter of the New Brunswick Lung Association and, Mr.
Cormier, in addressing the Chapter's letter to Council, noted the Chapter's previous
comments to Council on November 5, 1992 with respect to the proposed By-Law. Mr.
Cormier advised that the Association has narrowed down its concerns as regards to the
current draft of the proposed Smoking By-Law and has one recommendation to Council,
that concerning the exemption for some bars and restaurants in that the Association
recommends that this exemption should be eliminated and the By-Law should include all
bars and restaurants in the requirement to have a non-smoking area; and explained that
the Association has three basic reasons for this recommendation as follows: (1) the
difficulty with exempting smaller locations as it pertains to the toxins and cigarette smoke
in that smaller premises will affect the concentration of cigarette smoke and thereby the
effect of the toxins in that cigarette smoke; (2) a by-law without any exemptions as to a
non-smoking area would be a better example of fairness in legislation and the failure of
the By-Law to touch all such public places will, in fact, be regressive since some of the
restaurants and bars that already have non-smoking areas will not be affected and could
see their way to reduce the size of the non-smoking area and perhaps even eliminate it
as they see fit; and (3) if all bars and restaurants are included at this stage, it would be
easier for Council to make amendments or review the process in two years as provided
for and, as it is likely that Council will eventually be concerned with community
awareness and involvement and perhaps even participation, the Association is of the
opinion that Council would be leaving out a great deal of participation and participants by
allowing the exemption. Mr. Cormier offered assistance by making Association
representatives available for consultation in the process of education, public awareness
and assistance in whatever way they can, through presentations to school students, its
smoking cessation seminars, and increased involvement in the community. Mr. Cormier
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asked Council to consider a change in the definition of indoor public place, which defines
the seating arrangements and so on, and also to consider that the non-smoking area, as
defined in the proposed By-Law, does not represent a great financial investment as far
as setting up a non-smoking area is concerned and that, if Council chooses not to
exempt any bars or restaurants, no great hardship would be created for those which do
not have non-smoking areas to set them up or for those who do have them to continue
them. Mr. Cormier concluded that the reality of the By-Law is that Council has taken a
good step in the right direction toward a healthy and healthy-minded community and that
the By-Law will be an example to, as well as a model for legislation in, other
municipalities, and asked that Council keep in mind that the example it is setting should
be the best it can be and that the Council which reviews and debates the issue in two
years time should expect that its job will be as easy as possible.
Ms. Heather Campbell addressed Council in objection to the proposed
Smoking By-Law with regard to its effect upon the operation of private business in the
City of Saint John, having appeared before Council on October 27, 1992 in this regard;
and, referring to her brief submitted to this meeting, explained that, while she
appreciates the need for some type of by-law to be implemented to control smoking in
areas such as pedways, corridors, elevators and such, she is of the firm belief that as far
as whatever smoking restrictions should apply within a rented space or owner-occupied
space should be at the discretion of the person paying the rent or mortgage, and also
that she can appreciate that the revisions that have been made to the proposed By-Law
will allow a greater number of presently operating businesses to be exempt from the
condition of the By-Law as long as they adhere to certain restrictions placed upon them.
Ms. Campbell expressed concern, particularly, about the $75,000 renovation limit
proposed in the By-Law, and asked for clarification on whether or not this amount is a
per annum figure or a one-time renovation expense, and what is the cut-off on this
amount, and if it refers to leasehold improvements, or a combination of leasehold and
equipment expense and, if it is leasehold, is it leasehold material cost or leasehold
material and labour cost. Ms. Campbell expressed concern also about occupant load
taking into consideration that the proposed By-Law states the National Building Code
and does not take into consideration the square footage of work areas, washrooms,
etcetera of an establishment or business and, as well, the occupant load may allow 100
persons but, in actuality, the practical seating capacity may only be 60 once areas are
designated for business use; and made the observation that, in the business she
occupies, she would not know what the National Building Code occupancy load in that
she is governed by the Department of Health which allows her 75 seats, and the Fire
Marshal's Department in conjunction with the Liquor Licensing Board which allows 104
seats; therefore, there is a 29-seat discrepancy between those two Government bodies;
and noted that she would be curious to know what the National Building Code tells her
she can have in seating. Ms. Campbell suggested that, if 25 per cent seating is to be
considered, it will be necessary to take each individual establishment and what it
contains into consideration and base its seating on that; and asked what effect the June
1, 1993 cut-off date, which will exempt current business from the more stringent aspects
of the By-Law, will have on future development of the hospitality industry in the City of
Saint John. Ms. Campbell expressed the opinion that a stunting of the growth of the
hospitality industry will occur and, in re-iterating her opposition to the proposed By-Law
in principle, stated that she does not feel that the business community of this City should
be held responsible for what is a health issue. Ms. Campbell concluded her remarks by
expressing the view that while presumably the number of smokers will continue to
decline to the extent that smoking will be eliminated in the future, this will occur not
because of legislation or restrictions but through continuing education of the public and
that, when a business owner sets the guidelines for controlling smoking in their
establishment, it should be because of the requirements as ascertained through their
dealing with the public and not enforced legislation.
Mr. Johnson advised that the intent of the $75,000 relates to the cost of
an improvement to a tenant's space or improvement to a building that affects the
building so that it could be used for a tenant so that, in a stand-alone building, it would
be those repairs or renovations necessary to convert the building to the new use, and, if
it were a use in an existing building such as a mall, it would be the renovations made to
make the use compatible; and it is the total project cost. With respect to occupant load
calculations, Mr. Johnson advised that the Building Code does acknowledge that
restaurants have kitchen areas and the occupant load is not assessed on the same
basis in the kitchen area as it is on the other areas of the building, and those types of
calculations are all covered and understood within the occupant load calculations.
84-146
COMMON COUNCIL
MAY 26,1993
Consideration was given to a letter from Beverly A. Sanders in favour of
the proposed Smoking By-Law, and submitting a copy of an article relating to a smoking
policy in the workplace. Mr. Sanders was not present to address the letter.
Consideration was given to a letter from the New Brunswick Division of
the Canadian Cancer Society advising that, in specific reference to the currently-
proposed By-Law, the Cancer Society supports any move toward positive control and,
despite its preference to have a stronger by-law in effect, the Society hopes that this will
pave the way for improvement in future and will provide an example to other
municipalities; and urging Council not to allow weakening or erosion of the current By-
Law. No person was present to address the Society's letter.
The Mayor welcomed to the Council Chamber Environment Committee
members, Pat Mallory and Anne Steele, as well as a number of restaurant owners. The
Mayor advised that Council will not be dealing with third reading of the proposed
Smoking By-Law at this meeting but will take under advisement the comments made at
this meeting and consider third reading, probably, at its next meeting.
On motion of Councillor A. Vincent
Seconded by Councillor Coughlan
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk