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HomeMy WebLinkAbout2004-06-14 Adopted Special Council Meeting Minutes.pdfCorporation of the District of Maple Ridge SPECIAL COUNCIL MEETING June 14, 2004 The Minutes of the Special Municipal Council Meeting held on June 14, 2004 at 7:00 p.m. in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular Municipal business. PRESENT Elected Officials Mayor K. Morse Councillor E. Daykin Councillor J. Dueck Councillor C. Gordon Councillor J. Harris Councillor F. Isaac Councillor C. Speirs GUESTS K. Meikle, Royal LePage G. Cockrill, Lidstone, Young, Anderson R. Young, Lidstone, Young, Anderson D. Donnelly, Clark Wilson B. Cox, BDO Dunwoody Appointed Staff J. Rule, Chief Administrative Officer T. Fryer, Municipal Clerk M. Murray, General Manager of Community Development, Parks and Recreational Services P. Gill, General Manager Corporate and Financial Services F. Quinn, General Manager Public Works and Development Services C. Marlo, Confidential Secretary Note: These Minutes are also posted on the Municipal Web Site at www.mapleridge.org 1. CALL TO ORDER Mayor Morse called the meeting to order. She explained that by accepting the deal Council was not blessing past events. Council could not change history but could change the future. Serious mistakes were made but steps have been taken to rectify those mistakes. She suggested that the deal being presented is better than the previous deal and expressed her hope that this would provide a sense of closure to this issue for the public. Special Council Minutes June 14, 2004 Page 2 of6 2. PRESENTATION OF DOWNTOWN CORE AGREEMENTS The General Manager Corporate and Financial Services gave a comprehensive PowerPoint presentation highlighting the following: • The Downtown Core Facilities • History of the Project • Kroll Report Recommendations • Negotiating Team & Challenges Faced • Summary of the Deal • Benefits of the Deal • Approvals Required • Timeline from Today 3. PUBLIC COMMENTS, QUESTIONS, CONCERNS Mayor Morse explained that the deal is not negotiable but that people could comment on its content. She explained that there would be no time limit for speakers but asked that speakers bear in mind that other people wish to speak. On behalf of Council she thanked the members of the Negotiating Team. Gord Robson Mr. Robson reviewed the history of the Downtown Core from the time the ECRA project commenced to the completion of the current negotiations. He thanked Council and current and past staff members for their work. He pointed out that the District would be getting back the lot behind the Arts Centre and the hotel site and would be able to control security of the entire project. He remarked that the decision of Council to spend $10,000 to review the Kroll report and send the findings of the review to the Inspector of Municipalities was an important step toward re-establishing public trust. He felt it was important to look to see if any criminal activity had taken place noting that pursing civil liability made no sense. He indicated that the Kroll Report would allow closure. He stated that this decision would enable him to tell his friends and neighbours to support the deal and not to petition against it. Mike Boileau Mr. Boileau felt that the deal was a good thing for the Municipality. He asked if arrangements could be made to make bi-weekly payments rather than monthly payments and pay down some of the principle to shorten the payment period to 15 or 16 years. The General Manager Corporate and Financial Services indicated that all of those options are available. The financing is not yet locked in. The numbers used in the presentation were selected to enable a direct comparison of the current financing of the SunLife mortgage. The terms of the financing will be Special Council Minutes June 14, 2004 Page 3 of6 a decision of Council. Mr. Boileau asked if this would be a decision of Council or of the subsidiary. Mr. Cockrill responded that the decision would be Council's as the District is borrowing the money to lend to its subsidiary to enable the purchase. Mr. Boileau applauded the decision to hire an independent property management firm and asked if they could be instructed to maximize revenue from the property to pay the debt. The General Manager Corporate and Financial Services advised that during interviews with prospective firms they were advised that one of the expectations was that they would do what Mr. Boileau described including offering suggestions on what to do with the land. Mr. Boileau asked if Council would make this decision or if it would be a public process. The General Manager Corporate and Financial Services felt it would be as this Council has conducted business in an open forum. Mayor Morse indicated that the answer was yes, Council would make this decision in a public forum. Mr. Boileau asked if a decision could be made sooner rather than later on what the revenue will be dedicated to. Mayor Morse noted that Council has not yet had the discussion of what should be done beyond the public approval process but that this discussion would take place. Mr. Boileau asked if the District had any intention to retract office space in the Tower currently occupied by the District and open up that space for further revenue. Mayor Morse indicated that Council had had initial discussions on this and would seek the advice of the property management firm. Mr. Boileau concluded by saying that he would support the deal. He did not feel it was a good deal but is the best that can be done. Simon Challenger Mr. Challenger stated that he was not happy, doesn't like the deal, didn't like the original agreement and doesn't like the process but felt it was as good as it would get. While he applauded the effort of the public process to gain approval he felt that the public really doesn't have a say as this opportunity was taken away by the Council of the day. He suggested that when he remits his taxes he will always remember that a significant portion is going to a deal he didn't want and didn't have a say on. He asked to know what the rationale was behind the creation of the holding company to run the assets of the core. The General Manager Corporate and Financial Services indicated that there were several reasons for this. It enables the core to be treated as a separate cost centre and makes for greater accountability. The suggestion to do so came from business people in the community whose advice was sought during the process. There are no untoward consequences to the District to do so . This does not preclude the eventual transfer of the assets to the District. Mr. Challenger asked if the rules for getting access to information are different for this company than for the District. Mr. Cockrill advised that the subsidiary will be subject to the provisions of the Freedom of Information and Protection of Privacy Act just as the District is. Mr. Challenger asked if the District is pursing the potential for a criminal investigation as mentioned by Mr. Robson. Mayor Morse referred to the resolution passed on June 8, 2004 by Council to spend $10,000 on a review. Mr. Challenger asked if this Special Council Minutes June 14, 2004 Page 4 of6 was enough and Mayor Morse indicated that this was the amount suggested by the citizens who originally recommended this review. She noted that the District had talked to people along the way who offered their assistance in the negotiation process. Mr. Challenger was glad this was being undertaken but said he would reserve judgement until there is a response from the investigation. He expressed his hope that there is a legitimate effort made to resolve this issue properly instead of sweeping it under the carpet. He was supportive of increasing the amount. Andy Cleven Mr. Cleven thanked Council and staff for bringing the deal to a satisfactory end. He has full confidence in what was done. He said that the focus bas been on the negative aspects but we have a great asset in town that is the work of three Councils. He felt the public loves the facilities. He thanked the previous two Mayors and Councils for bringing these facilities to town, money matters aside. Robert Prince Mr. Prince expressed his disappointment with the process. He loves what has been created but doesn't like the financing. He asked if anything was learned from this experience and what was in place to prevent this from happening again. Mayor Morse indicated that this was one of the major concerns and offered that the legal issues and legal avenues in place would make it difficult for anyone to do this again. She cited the changes in record keeping, the openness of Council meetings to the public and the adherence to the rules of what can be discussed in a Closed meeting as examples of what has been done. She noted that Council could not bind future Councils. She felt if ever a lesson was learned in a public way, this was it. All Councils would carry the lesson with them. She indicated that people were getting answers to their questions and could phone staff members to get their answers right away. She stated that Council takes the issue of public trust seriously and what was needed had been put in place. Open communications is the most likely solution to preventing this from happening again. Gord Robson In response to a question of Simon Challenger, Mr. Robson referred to a comment by Lynda Lawrence, who was not at the meeting, that it makes sense to have a stand alone corporation as she could not imagine having every lease presented to Council. Mr. Robson asked if the resolution of Council with respect to the review was in error in saying that the reporting would be to the Inspector of Municipalities rather than to whomever necessary. Mayor Morse responded that the resolution was correct and that this wording was the choice of the group who recommended the review. Mr. Robson asked if the person reviewing the report would be obliged to report to the Crown Prosecutor if any criminal activity was suspected. Mr. Young advised that the Inspector has enourmous powers to investigate. If sufficient evidence was found the Inspector would launch an inquiry and put people under oath. The Inspector would be free to go to the RCMP but under no obligation to do so . Mr. Robson asked that Council Special Council Minutes June 14, 2004 Page 5 of6 reconsider the wording of the resolution. He asked if the Inspector is a lawyer. Mr. Young responded that he is not but he does have access to the Attorney General. The Municipal Clerk explained the alternative approval process and the dates for publication of the Notice. The response period will be June 22 to 4:00 p.m. July 23. Response forms will be available in the newspapers and at Municipal Hall, the Arts Centre, Leisure Centre, and Library and on the District web site. Responses can be delivered to Municipal Hall personally, by mail or by fax. E-mail responses will not be accepted. He described who would be eligible to vote and advised that the number ofresponses required to negate the deal is 5,481. Joe Osborne Mr. Osborne asked how long citizens would have to pay the 1 % tax increase in support of this. The General Manager Corporate and Financial Services responded that the increase remains until 2007 and after that period of time the model becomes self-sustaining. Mr. Osborne asked what would happen if more than 10% vote against it. Mayor Morse responded that the bylaw would be defeated and the issue would end up in court. Mr. Osborne asked if this thought would be expressed in the notice. Mayor Morse advised that the wording of the notice is governed by legislation and is very rigid. Opinions are not permitted in the advertising. Mr. Osborne asked what legal procedures are in place if the bylaw fails. Mr. Cockrill described the events that would follow and suggested that a court case would take a long time, appeals would be made and a lot of money would be spent. The result could be worse than what the existing arrangement is. Mr. Osborne hoped that there was some way to make this clear to the public as he felt people who are angry might vote against it just because of their anger. He said he felt this way initially but he now saw that there was a lot more involved. Mike Boileau Mr. Boileau asked Mr. Cockrill to clarify his remarks with respect to the District's liability if there was criminal activity. Mr. Cockrill stated that he was suggesting that there is risk to the District if the matter comes to court. A choice was made to negotiate a new deal and the Negotiating Team feels this has been achieved. Mr. Boileau asked if nothing could be done to stop future Council's from doing something similar. Mayor Morse replied that this was not what she thought was being suggested. If the issue goes to Court, there is a risk to the District. Gord Robson Mr. Robson felt that an understanding of the issue by citizens is critical and it was his hope that those in attendance at the meeting would spread the word. He suggested that as citizens they have to talk to opponents of the bylaw. Special Council Minutes June 14, 2004 Page 6 of6 Harry Nicholson Mr. Nicholson expressed his objection to the Alternative Approval process to gain public approval. He felt it was philosophically wrong. While the process is legal, he felt it took advantage of the lackadaisical attitude of the public. 4. SUMMARY OF ISSUES Mayor Morse concluded the meeting by suggesting that anyone with further questions contact Municipal Hall for an answer. She noted that the work of the Negotiating Team is done and thanked the team for the work that they did. 5. ADJOURN -8:45 p.m. K. ~yor Certified Correct