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2012-01-28_Minutes--Procès-verbal 1 Committee of the Whole Open Session h January 28, 2012 Minutes of the Portion of the Committee of the Whole Meeting Open to the Public th Saturday, January 28, 2012, 5:00 p.m. th 8 Floor Boardroom, City Hall Present: Mayor Ivan Court Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Norton, Snook, and Sullivan - and – P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; E. Gormley, Common Clerk and J. Taylor Assistant Common Clerk 1. Meeting Called To Order The Mayor called the Committee of the Whole meeting to order. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the public be excluded from the meeting for the duration of the discussion on the following matters: 1.1 Financial Matter 10.2(4)(j) Question being taken, the motion was defeated with the Deputy Mayor and Councillors Farren, Norton and Snook voting nay. (Councillor Higgins entered the meeting) (Deputy Mayor Chase withdrew from the meeting) Responding to a question, the Common Clerk advised that a special Committee of the Whole meeting was called to discuss the City’s 2012 budget, noting that the resolution did not specify if Departments would be presenting. The City Manager recommended that the Committee of the Whole enter into closed session, noting that budget discussions involve information relating to contract negotiations and labour matters. Responding to a question, the City Solicitor stated that the Municipalities Act provides that Council may deal with certain items in closed session, noting that it is not obligatory but rather at Council’s discretion. Mr. Nugent advised that the traditional wisdom has been that collective agreements, collective bargaining and labour relations are topics that are appropriately discussed in closed session. He recommended that if the Committee is going to make a decision that is a departure from RESOLVED RESOLVED that RESOLVED 2 Committee of the Whole Open Session h January 28, 2012 what traditionally takes place, then Council members should discuss the reasons why the Committee is not proceeding in the manner in which it normally does. On motion of Councillor Norton Seconded by Councillor Sullivan RESOLVED that the motion for the public be excluded from the meeting for the duration of the discussion on the following matters: 1.1 Financial Matter 10.2(4)(j) be reconsidered. Question being taken the motion was carried with Councillor Farren voting nay. 2. Discussion of Confidential Matters On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the public be excluded from the meeting for the duration of the discussion on the following matters: budget discussion with the Acting Fire Chief and the Police Commission. Question being taken the motion was carried with Councillors Farren, Higgins and Snook voting nay. The meeting of the Committee of the Whole of Common Council held on March 12, 2012 was closed to the public pursuant to Section 10.2(4) of the Municipalities Act during the Committee's discussion of the following matters: 1.1 Financial Matter 10.2(4)(j) The meeting reconvened in open session Committee of the Whole at 12:30 p.m. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the Committee of the Whole meeting be adjourned for lunch until 1:30 p.m. Question being taken the motion was carried. The meeting reconvened at 1:40 p.m. (Deputy Mayor Chase re-entered the meeting) The Clerk was asked if the present meeting was properly advertised, to which she responded that it was advertised on the city’s website and that the media were notified by the clerk’s office via e-mail. She noted that the media have been given an orientation session which explained that all Committee of the Whole meetings begin in open session until Council decides that the material is properly discussed in closed session. On motion of Councillor Norton Seconded by Councillor Snook 3 Committee of the Whole Open Session h January 28, 2012 RESOLVED that the Committee of the Whole proceed with its budget discussion. The Deputy Mayor stated that he was against the motion as he believes that the meeting should be advertised as an open session council meeting. Question being taken the motion was carried with Deputy Mayor Chase voting nay. The Deputy Mayor asked if the agenda materials are public documents, to which the Common Clerk advised that the agenda packet for this meeting was prepared for a closed session agenda. On motion of Mayor Court Seconded by Councillor McGuire RESOLVED that the City Manager be requested to direct the 2012 budget discussions. Question being taken the motion was carried with Deputy Mayor Chase voting nay. Referring to a submitted report, the City Manager outlined the “Plan B” 2012 operating budget and he responded to questions. Mr. Woods stated that department heads were directed to identify sustainable cost savings and to minimize the impact on the core city services, noting that a potential savings of $7.2 million in budget reductions, savings or new revenue. He noted that the savings that were identified will affect service levels. He stated that Council must adopt a budget, noting that “option A” is a status quo budget that assumes pension reform and “budget B” positions the city to have the necessary funds available should the pension reform request be denied. He added that Council could also choose to proceed with an “option C”, which could be a hybrid budget. On motion of Deputy Mayor Chase Seconded by Councillor Snook RESOLVED that the Committee of the Whole recommends that Council adopt 2012 operating budget “Plan B”, and further this information be vested in the public for at least one week prior to Council voting on the matter. Deputy Mayor Chase stated that he could not support the removal of lifeguards as proposed under the “Plan B” budget. Councillor Snook indicated that he does not support the elimination of lifeguards or the reduction of building inspectors, noting that he would like more information on the reduction of grants. Councillor McGuire stated that he does not support “Plan B” as it may make it easier for the Province to abandon the city’s pension reform request. 4 Committee of the Whole Open Session h January 28, 2012 Councillor Sullivan expressed concern with eliminating lifeguards, reducing building inspectors and reducing the police budget. Councillor Higgins recommended that City Hall management be reduced prior to any reductions being made to front line staff, with the exception of building and inspection services and planning. Councillor Norton stated that he can accept the suggestions of Deputy Mayor Chase and Councillor Snook. The Mayor advised that he recommends budget “Plan A”. Councillor Court stated that he recommends budget “Plan A”, adding that he recommends the eliminating of Enterprise Saint John. Councillor Higgins remarked that she does not support funding Enterprise Saint John, Destination Marketing Organization or Saint John Industrial Parks. Councillor Snook indicated that he does not support reductions to Saint John Transit without considering cuts to Administrative Services, Strategic Services and Legislative Services. Councillor Farren stated that he supports the proposed “Plan B” as the city must account for the pension unfunded liability. Councillor Norton suggested that the management wage increase be excluded from the 2012 budget, further suggesting that budget reductions be achieved through the fire and police departments and through management positions. On motion of Councillor Norton Seconded by Councillor Snook RESOLVED that the City Manager be directed to submit to Council a revised 2012 budget option Plan B with the following items being excluded from cuts: lifeguards, building inspector, dangerous and vacant enforcement, transit, 2 plows and 1 sweeper and raises for management. A motion to amend the main motion moved by Councillor Norton and seconded by Councillor Snook to direct the City Manager to submit to Council a revised 2012 budget option Plan B with the following items being excluded from cuts: lifeguards, building inspector, dangerous and vacant enforcement, transit, 2 plows and 1 sweeper and raises for management was withdrawn by the mover and seconder. On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that the 2012 operating budget be referred to the City Manager and further that he be directed to provide a revised 2012 general fund operating budget based on “Plan B”. 5 Committee of the Whole Open Session h January 28, 2012 Responding to a question, the Clerk advised that the motion to amend has been withdrawn and the original motion on the floor has been superseded by a referral to the City Manager. Question being taken the motion was carried with Mayor Court and Councillors, Court, McGuire and Sullivan voting nay. Councillor Sullivan stated that he has questions concerning discussions that took place between the City Solicitor’s Office and the Superintendent of Pensions, noting that he is requesting that this be discussed in legal session. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the public the Committee of the Whole enter into legal session and the public be excluded from the meeting for the duration of the discussion on the following matters: 1.1 Financial Matter 10.2(4)(j). Question being taken the motion was carried. Record Pursuant to Section 10.2(4) The remainder of meeting of the Committee of the Whole of Common Council held on January 28, 2012 was closed to the public pursuant to Section 10.2(4) of the Municipalities Act during the Committee's discussion of the following matters: 1.1 Financial Matter 10.2(4)(j) Common Clerk