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2004-10-18_Minutes--Procès-verbal October 18, 2004 Minutes of the Portion of the Committee of the Whole Meeting Open to the Public Monday, October 18, 2004,5:10 o'clock p.m. 8th Floor Boardroom, City Hall Present: Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - 1. Totten, City Manager; J. Nugent, City Solicitor;; 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. 2. Discussion of Confidential Matters On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the public be excluded from the meeting for the duration of the discussion on the following matter(s): Transit, Parking, Harbour Bridge and Airport Commissions (10.2(4)(c)(Referred Oct. 4, 2004), and Personal Issue 10.2(4)(b). Question being taken, the motion was carried. Common Clerk Record Pursuant to Section 10.2(4) The meeting of the Committee of the Whole of Common Council held on October 18, 2004 was closed to the public pursuant to Section 10.2(4) of the Municipalities Act during the Committee's discussion of the following matter(s): Transit, Parking, Harbour Bridge and Airport Commissions (10.2(4)(c)(Referred Oct. 4, 2004), and Personal Issue 10.2(4)(b). The meeting of the Committee of the Whole of Common Council held on October 18, 2004 re-convened in public at 7:00 p.m. and dealt with the following items. 3. Presentation - Horticultural Association (B. Edwards, Commissioner of Buildings and Inspection Services joined the meeting.) October 18,2004 Mr. Wallace MacMurray addressed Council noting that he was responding to Common Council's resolution of August 16, 2004 as follows: "RESOLVED that as recommended by the City Manager, the Horticultural Association be put on notice that they have until October 31, 2004 to bring to Council written confirmation of their financial capabilities to refurbish the Lily Lake Pavilion and also that Council advise the Association that they must provide dates for construction and completion, and further, if the Association fails to meet the deadline of October 31, 2004 that the Building Inspector is authorized to cause the demolition of the building." Referring to his submitted letter and attachments, Mr. MacMurray advised Council that his Association had financial contributions to the Lily Lake Pavilion Restoration Project totaling $1,085,000. He stated that previous estimates indicated that restoration of the pavilion would require $1,195,000., however that a closer estimate would be forthcoming as soon as they engage architects. He advised that if the remaining funds are required, they would be secured through fundraising. Mr. MacMurray added that the expected completion date is September, 2005. (Mr. MacMurray withdrew from the meeting.) On motion of Councillor Chase Seconded by Councillor Court RESOLVED that consideration be given to providing some funding from the Capital budget and that this item be referred to budget deliberations. Question being taken, the motion was denied. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the authority given to the Building Inspector to demolish the Lily Lake Pavilion be rescinded, and that the information presented by the Horticultural Association regarding the Lily Lake Restoration Project be referred to the City Manager to consult with the Association and to report to Council as soon as there are further developments, or no longer than 6 months. Question being taken, the motion was carried. 4. Procedural By-law Referring to recent amendments to the Municipalities Act which obligate municipal Councils to adopt a procedural by-law, the Common Clerk presented a proposed procedural by-law for Council's consideration. He advised that the proposed by-law would replace the current one adopted in 1972, and address the requirements of the Act. Referring to his submitted report and slide presentation, Mr. Woods reviewed the reasons why a procedural by-law is necessary; certain procedures to be followed while conducting Council business and called attention to the structure of the proposed by-law which allows for the timely disposition and appropriate placement of agenda items. He advised that Councillors would have the opportunity to read and digest the various provisions before formal introduction of the by-law for first and second readings, and October 18, 2004 asked that Council give explicit consideration to the voting privileges of the Mayor, appropriateness of time limits on debate, need for meeting end times, who should chair Committee of the Whole meetings, how motions are withdrawn and inclusion of a summer meeting schedule. On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that the proposed procedural by-law be reviewed by the City Solicitor as to legality and form and submitted to Common Council for adoption. Question being taken, the motion was carried. Adjournment The meeting adjourned at 9:15 p.m. Common Clerk