The Municipal Act does not say absent mail-in ballots should be counted as yes votes when surveying property owners about local improvement projects, says city councillor Betty Irwin.

Irwin told her council colleagues Monday night that she could find nowhere in the act that suggests unreturned ballots on questions of local improvement charges are to be counted as a yes.

That the city has a legal opinion that says so is neither meaningful nor comforting, she said.

Irwin said as much as she wants the $6.5-million local improvement project to proceed in the Marwell area – because it's long overdue – she has to vote no out of principle.

By counting absent ballots as yes votes, city administration is in effect marking the X, she said.

Irwin insisted the city should only count ballots received, just like it is in every standard voting procedure.

The bylaw required to pass on $1.8 million in costs to Marwell property owners for the 2012 local improvement project received third and final approval Monday from the remaining six members of council.

The federal Building Canada Fund is providing $4.5 million.

Of the 42 ballots returned from the 72 sent out on the Marwell project, 22 were in favour and 20 were opposed, for a split on the returned ballots of 52 per cent to 48.

Council was told by administration last week that when the 30 absent ballots are added in as yes votes, approval climbs to 72 per cent.

Council was also told last week there was an indication from some property owners that they didn't vote because they knew a ballot not returned was counted as a yes.

Mayor Bev Buckway reminded Irwin that if she has an issue with the Municipal Act, there are procedures to recommend changes.

Under city policy, charges for local improvements like new water and sewer pipes, asphalt, sidewalks and such require approval by 51 per cent of the ballots returned by affected property owners.

Local improvement proposals are typically advertised and explained through public meetings before the city calls for the vote.

The city mails out the ballots and provides registered return envelopes. Property owners are given a month or so to return the ballot.

The LIC procedure came under fire last year by residents of Black Street.

They challenged the effectiveness of the mail-out procedure and the adequacy of notifying residents about the street rebuilding project and the public meetings.