Nina Bifolchi

Letter of Intent Becomes Binding

Letter of Intent becomes binding and full authority to execute handed off to three members of staff
-Posted August 3, 2018

At the July 24, 2018 Council Meeting a very preliminary Letter of Intent (LOI) between the Town of Wasaga Beach and FRAM Building Group was approved by the majority of council to now be a binding agreement.

The majority of council also approved handing off the delegated authority to implement this LOI to three staff members between July 27th and December 4, 2018 which is when the new council will take office following the October 22nd election.

This delegated authority has been given to the Town’s Director of Economic Development and Tourism, the Clerk who on July 24th had been with the town approximately 1 week and the CAO who is unknown at this time until an interim CAO has been hired to replace the Town’s current CAO who is retiring.

With morals and ethics in mind, I could not with a good conscience support these motions. On July 27, 2018 Council became in a Lame Duck situation. Lame Duck is a time frame during an election period where the Municipal Act takes authority away from your elected officials to avoid decisions being made that could have serious ramifications to the community.

Municipal Act Section 275 3(c) clearly removes a council’s authority regarding disposition of any real or personal property of the municipality which as a value exceeding $50,000.

Municipal Act Section 275 3(d) removes a council’s authority from making any expenditures or incurring any other liability which exceeds $50,000.

It was not illegal to pass this authority off to staff but for me it was unethical and risky. I do not believe the intent of the Municipal Act is to pass this type of extreme and unnecessary delegated authority to three members of staff who will be in a position to bind the corporation with agreements and complete real estate transactions for multi millions of dollars. This trio is not required to bring any of these details back to council for approval or share them with the public. They have cart blanch.

In my previous post dated July 9, 2018 “Letter of Intent between Town and FRAM” explains more about my thoughts regarding the LOI.

Many people have shared their concerns with me about the current council’s direction…….this is not the change they were told they would be getting when they voted in the last election. They feel blindsided and worried for the future of their community.

I strongly suggest that members of this community hold these three staff members accountable with regard to the delegated authority the majority of council has given them. Ask the tough questions, insist on proper answers (in writing) and if something doesn’t feel right be persistent and take your concerns elsewhere if you feel it necessary.

I would also ask that you copy me as your Deputy Mayor, on your emails to staff as I am very interested in keeping in the loop on these matters.

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