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2005-12-17_Minutes--Procès-verbal December 17,2005 156-2005 Minutes of the Portion of the Committee of the Whole Meeting Open to the Public Saturday, December 17,2005,7:00 a.m. Council Chamber - City Hall Present: Mayor McFarlane, and Deputy Mayor Hooton, Councillors Chase, Court, Ferguson, McGuire, Tait, Titus and White - and - 1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Commissioner of Finance and Corporate Services; G Yeomans, Comptroller; P. Groody, Commissioner of Municipal Operations; P. Woods, Deputy City Manager and Common Clerk, and E. Gormley, Assistant Common Clerk 1. MeetinQ Called To Order The Mayor called the Committee of the Whole meeting to order. Councillor Titus requested the Common Clerk to read the submitted Order addressed to Mayor McFarlane from the Superintendent of Pensions dated December 16, 2005. The Clerk read the order which requires the City to pay all special payments due in respect of the actuarial loss identified in the "Actuarial Valuation" as at December 31, 2003 to present, and to continue to make special payments necessary to amortize the actuarial loss identified in the Valuation report in accordance with the Pension Benefits Act and the General Regulation - Pension Benefits Act (the Regulations) as they come due. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the item, City of Saint John Pension Fund previously tabled, be lifted from the table. Question being taken, the motion was carried. Referring to his submitted reports, Options to Fund the Pension Deficit, dated March 18, 2005, and Pension Deficit/2006 Operating Budget (A Second Draft) dated December 16, 2005, the City Manager reviewed the options presented, noted that Council has already proceeded with some of his suggestions contained in the report, and made the recommendation found in the resolution below. He also explained a proposal, which is elaborated upon in his report, from Provincial officials that would see the City of Saint John asking the Provincial Government to repeal the City of Saint John Pension Act and agree to replace it with a City of Saint John By-law Respecting Pensions. December 17,2005 157 -2005 Mr. Totten advised that the City is three years in arrears on the pension deficit, and must begin to make payments. He suggested that Council consider borrowing $12.3 million to fund the shortfall in the pension plan. Councillor Ferguson distributed copies of newspaper articles dealing with disability claims from City employees, and stated that he believes that Council should seek third party expert advice to examine this issue. The City Manager advised Council that the Pension Board has received third party advice on this matter. During discussions on the above, Councillor Court raised a point of order stating that only the pension issue should be discussed and not the budget, on which the Mayor ruled that discussion on the budget only as it related to the pension issue is permitted. On motion of Councillor White Seconded by Councillor McGuire RESOLVED that Council request the Mayor, with the assistance of the City Manager and/or Commissioner of Finance, engage the Actuary, Morneau Sobeco, to prepare an independent professional report complete with recommendations as to the steps Council must take to: a) ensure that its actions are consistent with the legislative requirements b) minimize the effects of the Going Concern Deficit on the taxpayers of this community c) should there be a conflict between (a) and (b) to propose any necessary changes to plan d) propose changes to the Plan that will reduce or possibly eliminate the risks of future deficiencies in the Plan being borne by the taxpayers of this Community, and that they provide advice, regarding the proposal made by the Province and referenced in the City Manager's report, Pension Deficit/2006 Operating Budget (A Second Draft), dated December 16, 2005. Councillor Farren stated that he would prefer to engage an independent outside actuary as opposed to using Morneau Sobeco. Councillor Chase proposed an amendment to the motion to seek another actuary to prepare a report as described in the motion above, which was seconded by Councillor Farren. Councillor Titus raised a point of order noting that the amendment is contrary to the motion, and the Mayor ruled in favour of the point of order. Question being taken, the motion was carried, with Councillors Court, Chase, Farren and Ferguson voting nay. December 17,2005 158-2005 On motion of Councillor Tait Seconded by Councillor Chase RESOLVED that Council request assistance from the province if possible to borrow $12.3 million to fund the shortfall in the Pension Plan for the years 2004, 2005, and 2006, and if not with the help of the province, then borrow on its own, with the repayments being part of the operating budget. Question being taken, the motion was carried, with Councillor Ferguson voting nay. Adjournment The meeting adjourned at 10:23 a.m. Common Clerk