Concerns over “lame duck” council expressed

Amherstburg Municipal Building.

A resident has brought forth his concerns with regards to a “lame duck” period town council could be faced with, given that this is an election year.

Bill Petruniak stated his presentation started formulating after the April 16 economic development advisory committee meeting, one where he was also a delegate. He said there were a number of items on the April 27 town council agenda he was concerned with, but he decided to speak on the “lame duck” period.

“At that meeting, Melissa Osborne, the deputy CAO, mentioned something that took the committee and the audience by surprise. She announced the administration was hoping to start the Richmond St. sewer replacement project by the fall of this year. I wonder where the extra $2.5 to $3 million will come from?”

Petruniak said he is concerned that a project of this type can cause “tremendous disruptions.” 

“The businesses along Richmond St. to Seymour St. deserve to know well in advance this project may be happening. The informed decisions they make now could be the difference between survival and closure.”

Petruniak said businesses need to know when the project will start, how long it will last and efforts to minimize disruptions.

“Please don’t let this project drag on like the fire hall. Set a completion date with a penalty clause for non-compliance,” he said. “Projects of this type can devastate small businesses under the best of cases.”

Petruniak noted the provincial grant to help pay for a portion of the Richmond St. project, but emphasized he is concerned with impacts on business. He said when some are planning to buy winter and Christmas stock, they need to know how the project will impact them.

“Let everyone know this will be happening.”

Petruniak added the Ontario Municipal Act provides a mechanism for the CAO to “continue running Amherstburg until after the next council and mayor are sworn in. This is a time when our present council takes a leap of faith in trusting our unelected administration to use sound judgment in the town’s operation.” He also suggested a motion to delay the disposition of any real or personal property of the municipality and to delay the awarding of any tenders that have not been approved by council on or before Aug. 20 until after the new council is sworn in Nov. 15.

“Please don’t hamstring the next council with decisions they cannot undo,” said Petruniak.

Councillor Diane Pouget asked if anyone has checked with the downtown businesses about the Richmond St. sewer project. Osborne stated the economic development team is putting together a program to engage businesses impacted in the downtown core. Infrastructure services, the clerks’ department, tourism and heritage departments are being consulted with businesses also to be worked with.

Osborne stated if there are cost overruns and the town is in lame duck, approval is with the CAO and notification would be given to council. The treasurer would state where funding over $50,000 would come from.

Language in the bylaw is the same as previous elections, clerk Kevin Fox told town council, after hearing concerns from Pouget. 

Deputy Mayor Chris Gibb asked if delegation of authority happens across Ontario, with Fox saying the Municipal Act states there is a restricted act period and there is a tool for councils to provide a delegation of authority back to administration.

“In this town, that’s always been put in place but it’s up to each council to make that determination,” Fox said.  

Fox added “it’s permissible and not required,” but recommended the delegation of authority to ensure the “prudent operation of the municipality.”

Osborne said currently there are 13 tenders that are going to be going out and they may close during a possible lame duck period. She said there might not be a lame duck council but the delegation of authority, which council passed, prepares the town for that.

Budgeted projects, some that are tied to grants, would not be able to proceed if there is no delegated authority, Osborne indicated. Projects could be delayed or adversely affected, she said.

Councillor Don McArthur said the business of the town could proceed. Fox confirmed for McArthur there were similar delegations of authority done in the past.

Pouget put forth a motion similar to the one Petruniak suggested, but it failed due to a lack of seconder. The staff recommendation to delegate authority during a possible lame duck period, put forth by Councillor Linden Crain, was approved in a 5-1 vote with all but Pouget supporting it and Councillor Peter Courtney absent.

“It’s a very standard process,” said Crain. 

Crain added the CAO would inform council if she uses that authority and “the municipality has to move forward.” He believed it was the right approach if council enters a lame duck situation.

Gibb said the town is a $65 million corporation and “has to keep moving.” 

“I can’t see how we leave a $65 million a year corporation while we sit and wait for an election. It defies logic,” he said. Mayor Michael Prue said he supported the delegation of authority motion as well. In the municipalities where he has served, including Amherstburg, he couldn’t recall not passing a motion like this.

“It always works out. You have to put a certain amount of faith in your staff for that few week period,” said Prue. “I am almost guaranteed in my own mind nothing will happen untoward,” he said.

Concerns over “lame duck” council expressed

By Ron Giofu