The council for the Town of Saint Andrews has approved roughly $928,000 in capital projects – including a water main renewal and a new parking lot — amid a restriction on its power under the Local Governance Act.
A tender was awarded to MiDi Construction for roughly $627,000 plus tax. The council budgeted $890,000 for this project in the fall.
Neither tender the council received met the minimum score on the town’s metric sheet. Council discussed the contract in closed before voting in favour of it.
The paving for the former Legion lot on the corner of Princess Royal and Queen streets was awarded to Galbraith Construction for about $301,000 plus tax. In the fall budget discussion, the council decided to move ahead with this property to allow for 48-50 parking stalls in the downtown area.
Parking is considered a widespread issue for the town during the summer season, when Saint Andrews takes in about 80,000 visitors.
The town expects to fund the bill through the tourism accommodation levy (TAL) — a fee charged by local accommodation operators — alleviating the burden on local taxpayers.
Staff for the town said the tender was much more reasonable than the cost estimates. The largest portion of the cost is going toward covering the ditches and putting underground storm sewers.
Both projects were discussed and voted on during budget season and do not exceed the town’s allocated funding.
Restrictions for outgoing council
Council, which remains in the same composition as before the May election, is under temporary restricted power through the Local Governance Act.
Section 56(1) outlines what authority is restricted for an outgoing council that is needed to maintain the day-to-day operations of the municipality.
An outgoing council cannot make, amend or repeal a bylaw; become party to any agreement, contract instruments that exceed their annual budget; borrow or make payments; purchase or dispose of capital assets; or hire or fire any employees.
There are two exceptions to that rule under Section 56(3), including if the decision is in the public interest and is urgently needed or it is authorized by a bylaw made before the general election.
There are currently no elected council members for the Ward 3 area — the Town of Saint Andrews.
The Department of Local Government said it has issued post-election guidance to councils that emphasized the outgoing councils with the limits outlined in Section 56 of the Local Governance Act.
“Outgoing councils are not permitted to pass new bylaws, exceed their approved budget, sell major assets, or hire/fire staff during the transition period,” Kelly Cormier, a spokesperson for the department, said. “However, they may continue routine operations, address urgent public matters, or act on matters previously authorized by bylaw.”
Other agenda items
There was one other agenda item the council was unable to act on.
The council wanted to discuss several committee appointments, including one for a new municipal plan and zoning bylaw — something the outgoing council has vowed to further consult on.
Chris “Mac” MacKinnon told council that some people have applied to sit on both the wellness committee and the community engagement committee for the municipal plan.
Staff did reach out to the Department of Local Government for guidance, MacKinnon said.
“As far as addressing the appointment of committee members or creating a new committee, this is something that would typically be addressed by a new council, not [before] a new council taking place,” he told the council. “If council did decide to move ahead with these, which are activities that may impact a future council, we [were] advised the local government assumes any risk that may be associated with these decisions.”
MacKinnon told council those actions would be considered a contravention of the Act, Section 56, and would be void and have no effect.
“They’re basically saying if you’re going to do this, be aware that it could be undone,” he said. “They’re suggesting that we don’t do it, as far as making appointments and creating a new committee.”
Council is expected to continue in its current composition until a new council is sworn in following the June byelection.
