Council members occupy positions of duty, trust and authority with broad powers that impact the lives of the residents they serve. Since council decided to dispose of a portion of priceless green space at Skaha Park the more research I do the more I’m convinced our council has not done their due-diligence.
It doesn’t take much digging to find that councils can incur liabilities when they enter into agreements. Liabilities are not just related to debt.
A liability also includes matters like the time it takes to reasonably complete an activity or do something under an agreement. The agreement with Trio Marine is for 29 years with two options to extend for an additional five years.
That has created many other liabilities too.
Because council is in a position of trust and authority they have the utmost duty to do the right thing and carefully consider all matters such as the following excerpt from the Community Charter (See Section 175).
“A council may, under an agreement, incur a liability if … an agreement is … for more than five years, or … for a period that could exceed five years by exercising rights of renewal or extension … with the approval of the electors.”
Penticton’s council has entered into an agreement that is a liability for both Trio Marine and more importantly the citizens of Penticton. It’s amazing council wouldn’t first seek the approval of its electors before doing that.