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2006-04-10_Minutes--Procès-verbalApril 10, 2006 170-2006 Minutes of the Portion of the Committee of the Whole Meeting Open to the Public Monday, April 10, 2006, 5:00 p.m. 8th Floor Boardroom, City Hall Present: Mayor McFarlane, Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Deputy City Manager of Programs and Priorities and Acting Treasurer; J. Baird, Commissioner of Planning and Development; P. Groody, Commissioner of Municipal Operations; E. Gormley, Assistant Common Clerk and J. Ferrar Administrative Assistant 1. Meeting Called To Order The Mayor called the Committee of the Whole meeting to order. Commenting briefly Mr. Beckett reminded Councillors of the Change Leadership th Executive Briefing Session at the Loch Lomond Villa on Tuesday, April 18 from 8:30 a.m. - 4:30 p.m. Concerns were expressed by several Councillors that the session is scheduled during their regular working hours. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the report from Mayor McFarlane, which was distributed at the meeting, regarding Council priorities be added to the agenda of open session later this evening as item 3.1. Question being taken, the motion was carried. Discussion continued concerning the session at the Villa with Councillors inquiring if it could be rescheduled, to which Mr. Beckett advised that it was not possible. Councillor Tait proposed that the City reimburse the employers of those Councillors that have a conflict with their regular working hours. On motion of Councillor Tait Seconded by Councillor White RESOLVED that The City of Saint John reimburse the employers of Councillors that are unable to take paid leave from their jobs to attend any specific conference or meeting of Council during their regular working hours. It was agreed to add this item to the Council agenda of open session later this evening as item 3.2. Councillor Chase spoke against the proposed motion. April 10, 2006 171-2006 Question being taken, the motion was carried with Councillor Chase voting “nay”. 2. Discussion of Procedures Regarding Confidential Matters 10.2(4)(d) Referring to item 1.3 Property Negotiations - Development Proposal - Westmorland Road, Mr. Nugent recommended that this item be dealt with in open session as it came up during the public hearing; and explained that it is related to the subject of the public hearing and if Council deals with the matter in Committee of the Whole there is the risk that should someone challenge the process of the matter being discussed in closed session rather than open, they could be successful. A brief discussion followed with Mr. Nugent responding to questions and reminding the Committee that they have the right to take whatever time they wish to deal with this application as long as it does not exceed the six month time limit as provided for in the Community Planning Act. Referring to the financial side of this project, Mr. Totten stated that the developer has the expectation that this matter will be dealt with in closed session and advised that he has not had any discussion with the developer as to his view on what the impact would be concerning negotiations with potential tenants. Mr. Nugent suggested that Mr. Totten confirm with the developer before open session his agreement with this issue going to open session. Following discussion Mr. Totten confirmed that he would speak with the developer and advise them that Council would like to discuss the contents of item 1.3, and has been advised that this report should be part of the discussion during open session. Councillor Court called the City’s attention to the fact that the developer only recently advised that a contribution from the City for the proposed road was required. Councillor White questioned what would happen if the developer decides that they do not want this item discussed in open session. Mr. Nugent responded that Council’s decision would then be based on the alternative before them publicly. Responding to a question raised with regard to the proposed cost sharing for Retail Drive, Mr. Totten stated that traditionally the City enters into cost sharing arrangements with developers for piping material. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the public be excluded from the meeting for the 10.2(4)(b) duration of the discussion on the following matter(s):Staffing Issue ; Property 10.2(4)(d)10.2(4)(b) Negotiations ; Nominating Committee ;Revisiting the 2002 10.2(4)(b) Organizational Renewal Strategy; and Staffing Processes - Spring 2006. Question being taken, the motion was carried. Assistant Common Clerk April 10. 2006 172-2006 Record Pursuant to Section 10.2(4) The meeting of the Committee of the Whole of Common Council held on April 10, 2006 was closed to the public pursuant to Section 10.2(4) of the Municipalities Act during the 10.2(4)(b) Committee's discussion of the following matter(s): Staffing Issue ; Property 10.2(4)(d) 10.2(4)(b) Negotiations ;Nominating Committee ;Revisiting the 2002 10.2(4)(b) Organizational Renewal Strategy; and Staffing Processes – Spring 2006. Assistant Common Clerk