HomeMy WebLinkAboutJune 06, 2011 - Special CouncilCOUNCIL BUDGET MEETING AGENDA
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Monday, June 6, 2011
7:00 p.m.
Page
1.CALL TO ORDER
2.DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF
3.2011 DRAFT BUDGET
(a)2011 Draft Budget as previously circulated.
(b)Staff Report F2011-05 regarding "Tax Sale".
File: F22-11
(c)Harbourfront Committee - Additional Dredge Information. (Not available at time
of publishing)
4.BY-LAW
(a)By-Law 2011-050 A By-Law to confirm all actions of Council
5.ADJOURNMENT
(a)Adjournment
3-5
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CORPORATION OF THE MUNICIPALITY OF BAYIIAM
CONFIDENTIAL STAFF REPORT
TO: Mayor & Mernbers of Council
FROM: Denis Duguay, Treasurer
SUBJECT: Tax Sale
DATE: March l7,20ll
FILE: F22-ll
NUMBER: F20ll-05
Purpose
To receive council's direction regarding a particular property that has been through the
tax sale process.
Background Comments
As council is aware, the tax sale process has been completed for the Fabco property in
Vienna. The tender portion of the process closed June 17, 2009. No bids were received.
I)iscussion
The municipalityhad a tax sale for the property on June 17th2009 in which there were no
tenders. Pursuant to section 379(15) of the Municipal Act,200l, if aNotice of Vesting is
not registered within two years of the sale, in this case before June 17th 2011, the Tax
Arrears Certificate will be deerned to be cancelled.
Council may chose to re-advertise this property for sale before June 17th and if the taxes
have been written off, there might be a greater interest in the property if the price was
more attractive, council should be advised that it might not have been the only reason the
property did not sell. In the past a Gas Station was situated on this property, and Staff did
recommend a Phase II Environmental Assessment to be undertaken to determine if there
are any issues.
"Conclusions of the Phase II assessment indicated impact bypetroleum hydrocarbons in
the vicinity of the former tank nest at the south-west end of the site in front of the
building. The impacted soil appears to be concentrated at or above the water level. It is
recommended to complete soil remediation in the petroleum impacted area due to the
elevated Petroleum Hydrocarbon concentrations and to prevent the potential future
migration of petroleum impacted groundwater. The cleanup would include excavation of
Staff Report F2011-05 regarding "Tax Sale".
File: F22-11
Page 3 of 7
impacted soil and disposal in a sanitary landfill facility. No conditions that are perceived
as risks to human health or the environment were revealed by the investigation"
If council would choose to re-advertise the property for sale, real tax would have to send
out notice (Form 10) to all the interested parties. Section 380.1(2) says this notices must
go out at least 30 days prior to the first ad, if council was going to re-advertise, the first ad
would have to be in early May which would mean the notices would have to go out in the
beginning of April.
If council chooses to vest, the Notice of Vesting must be registered on title before June
17th20lt.
Estimated cost for clean up based on 2009 investigation two scenarios:
lY'orst case scenørío
Disposal only 300m3X5225 :67,500
Transportation with 20m3 rolls off : 106,450
Fill in excavation with public works Crew :3,724.00
Total :S7tn ffl{
Best Case Scenørío
Disposal only 300m3 X $110 : 33,000
Transportation with 20m3 rolls off : 68,950
Fill in excavation with public works Crew :3,724.00
Total : $1I)5.621
Tax breakdown:
Penalties :57,372.41
Princþal : $84,836.42
Financing this write off of taxes/acquisition of property would have to be done one of two
ways. Council can draw funds from the operation rate stabilization reserve (all other
reserves have been allocated/spoken for or are not eligible for this transaction).
Alternativel¡ council may coÍrmit20ll budget dollars.
Staff Report F2011-05 regarding "Tax Sale".
File: F22-11
Page 4 of 7
Strateeic Plan Goal(sl
Goal #1 - Practice responsible financial management.
GoaI#7 - Promote excellence in environmental stewardship.
Recommendation:
THAT counclL direct staff not to Vest the property and to let the Tax
Arrears Certificate be deemed cancelled as of June 17, 2øt1,.
Respectfully submitted,Reviewed by,
Denis Duguay, Treasurer
Staff Report F2011-05 regarding "Tax Sale".
File: F22-11
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THE CORPORATION OF'THE
MUNICIPALITY OF BAYHAM
BY-LAW NO.2011 - 050
A BY.LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
SPECIAL BUDGET MEETING HELD JUNE 6,2OII
WHEREAS under Section 5 (l) of the Municipal Act, 2001 S.O. 2001, Chapter 25,the powers
of a municipal corporation are to be exercised by the Council of the municipality;
AND \üHEREAS under Section 5 (3) of the Municipal Act,200l,the powers of Council are to
be exercised by by-law;
AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in
respect of each recoÍtmendation and each motion and resolution passed and other
action by the Council at the special budget meeting held June 6,2011 is hereby adopted
and confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the action ofthe
Council including executing all documents and affrxing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME and finally passed this 6th day of June
2011.
MAYOR CLERK
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