Niagara Region Finally Says Yes To Byelection In Welland

By Willy Noiles

It was a long, winding circuitous, often pock-marked ride, as Welland Mayor Barry Sharpe put it, but regional councillors finally approved a byelection in the Rose City to fill the vacancy left by Cindy Forster’s provincial victory in October.

After not one but two reconsideration motions, a majority of regional councillors finally came around to supporting Welland city council’s original request for a by-election. At regional council’s last regular meeting on Nov. 17, councillors rejected Welland’s request. At that meeting, they also rejected a motion by Lincoln Coun. Mark Bylsma to appoint the runner-up, former mayor Damian Goulbourne.

Unable to resolve the issue, they ultimately voted to refer the matter back to Welland council, asking them to recommend somebody to appoint.

But knowing it would require a reconsideration (which requires a councillor who voted against the original motion to move it plus a two-thirds majority vote) of either their unsuccessful motion to appoint Goulbourne or their second successful vote to ask for a byelection, Sharpe and council chose instead to receive the request from the region for information, thus putting the ball back in the region’s court.

When regional councillors voted to reconsider the request for a by-election the first time, they were two short of the necessary two-thirds. Bylsma then suggested asking regional staff to talk to Welland staff regarding the possibility of the city splitting half the costs of a by-election. Under the Municipal Act, the region is responsible for the cost of a by-election, which has been tagged at about $100,000. Niagara Falls Coun. Bart Maves seconded the motion.

As this would ultimately require another reconsideration vote on the same issue, while the region’s Procedural By-Laws only allows one reconsideration vote, Regional Chair Gary Burroughs asked Bylsma to “stand down” his motion so he could hear from more councillors. Next up was Port Colborne Coun. Dave Barrick, who moved, seconded by Grimsby Coun. Debbie Zimmerman, that the runner-up in Welland’s mayoralty race, David Alexander, be appointed. The next one to speak was Welland Coun. George Marshall who suggested council could vote to suspend their own rules and then vote on to reconsider their first two votes.

While Barrick’s motion was technically the only one on the floor at the time, Bylsma challenged this and asserted his motion took precedence. The region’s Clerk, Kevin Bain, ruled Barrick’s motion was the one that should be considered. “This headache that we knew we were going to have tonight is happening exactly as I knew it was going to happen,” Burroughs said, before calling for a short recess to consider the issue with senior staff.

He ultimately ruled with Barrick, upon which Bylsma challenged the chair’s ruling. A majority of councillors supported Bylsma in a vote. That settled, councillors voted in a two-thirds majority to suspend their own rules. They then voted successfully to reconsider their reconsideration vote. They then voted on Bylsma’s new motion, which was for the region to pay the full costs of the by-election. The costs will be covered through the region’s expected 2011 operating surplus. This third vote was the successful one.

Following the hour-plus wrangling, Sharpe said, “I think everyone involved has cause to be concerned about the process that got us to the affirmative vote for the by-election this evening.” While he was relieved Welland got the by-election they had requested, he said he was bothered by the road that led to it.

In accordance with the Municipal Act, once Welland has officially been advised of regional council’s decision, Welland’s city clerk must set a Nomination Day within 60 days. Voting Day must be 45 days after Nomination Day. As Bain wrote in a memo to councillors, this essentially Welland will be without its second regional councillor for up to another three-and-a-half months. While the seat was declared vacant in late October after Forster’s win in the Welland riding, she had taken a leave of absence Sept. 1 for her campaign. Sharpe said he hopes the by-election can be held in March or the first week of April.

HOW THEY VOTED:

First reconsideration:

YES: Grimsby Coun. Debbie Zimmerman, Niagara Falls Coun. Selina Volpatti, Thorold Coun. Henry D’Angela, Niagara Falls Coun. Barbara Greenwood, Lincoln Mayor Bill Hodgson, Port Colborne Mayor Vance Badawey, Pelham Mayor Dave Augustyn, St. Catharines Coun. Alan Caslin, Niagara Falls Mayor Jim Diodati, Welland Mayor Barry Sharpe, St. Catharines Coun. Bruce Timms, Niagara-on-the-Lake Coun. Dave Lepp, St. Catharines Mayor Brian McMullan, Welland Coun. George Marshall, St. Catharines Coun. Tim Rigby, Pelham Coun. Brian Baty, Thorold Mayor Ted Luciani

NO: Niagara Falls Coun. Bart Maves, Port Colborne Coun. David Barrick, St. Catharines Coun. Ronna Katzman, St. Catharines Coun. Andy Petrowski, Wainfleet Mayor April Jeffs, Niagara-on-the-Lake Lord Mayor Dave Eke, West Lincoln Mayor Doug Joyner, Grimsby Mayor Bob Bentley, Lincoln Coun. Mark Bylsma, St. Catharines Coun. Brian Heit

Second reconsideration:
YES: Zimmerman, Volpatti, D’Angela, Greenwood, Hodgson, Badawey, Augustyn, Maves, Katzman, Diodati, Sharpe, Eke, Timms, Lepp, Bylsma, Heit, McMullan, Marshall, Rigby, Baty, Luciani

NO: Caslin, Barrick, Petrowski, Jeffs, Joyner, Bentley, Fort Erie Mayor Doug Martin (was not present for first vote)

Willy Noiles is a Niagara native, a long-time reporter of regional affairs and and contributor to Niagara At Large.

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