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A Closed Meeting Investigation request took issue with Council’s private deliberations over the purchase 6343 Main Street—which was acquired to expand Main Street’s Civic Square.
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The request alleged the closed session contravened the Municipal Act in debating a land purchase proposal put forward by a private owner, and that Council failed to follow procedural by-laws in not adequately reporting decisions.
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According to Aird & Berlis, the third party responsible for conducting these investigations:
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There is no basis to the claim that the Municipal Act demands Council discuss land purchase proposals originating from a private owner in open session.
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Closed session deliberation is important in preserving the Town’s bargaining position when negotiating purchase prices.
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Reporting of their decision to purchase the property was “sparse” but not in contravention of Council’s Procedural By-Law.
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Council has twice been in contravention of closed meeting procedures in recent years: first in 2021 regarding the inclusion of Civic Square lands in a proposed restaurant patio, and again in 2022 over the proposed Bethesda Sports Fields sale.
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The Town is required to cover the estimated $4,000 cost of the investigation.