MOE Order in hand at the Town

To contact us Click HERE

It’s time to play councillor. Here’s an item being reviewed at the Corporate Services meeting next week. If you have the time you should look at the agenda to see all the favours being allowed for developers. I’ll try to post some stuff up over the weekend that will for sure result in some critical comments.

This item really concerns me. The landowner has trespassed on Town Property for financial gain and the Town is about to accept a real estate opinion from someone (former Mayor Clarke) who has no accreditation with the Appraisal Institute of Canada. Here’s the excerpt from the agenda. What would you do in this environmentally sensitive area?

Camp sites on Town Road Allowance... no slap on the wrist???

In July of 2008 the owners of the Lagoon Trailer Park applied to close up and purchase the road allowance that was created to serve a proposed plan of subdivision on their land. The road allowance is shown as Part 14 on Plan 35R12824 attached (Appendix A).

Council approved the Application on November 30, 2009.

The owners Owen and Suzanne Setchell have not yet completed the closure and purchase.

In May of 2011 the Ministry of the Environment made the Town of Huntsville aware of the fact that a number of trailers, trailer sites and sewage systems were located on the Town owned road allowance. The MOE has concerns with the condition of these sewage systems.

Building Report 2011-06 recommended imposing the fee of $91,705.39 in accordance with the fee by-law.

Council requested a review to consider a lesser fee for flood prone lands.

Building Report 2011-08 recommended a reduced fee based on the fact that a large portion of the land was in a flood plain.

In February of 2012 the Policy for closing road allowances was amended to allow for payment for the road allowance to be based on an appraisal of market value.

DISCUSSION

The Setchell’s have retained Len Clark to give an opinion of the fair market value of the property, and in accordance with the revised policy, this fee would be acceptable as payment for the property.

The value of the land is diminished by the existence of on-site sewage systems that are the subject of an order from the Ministry of the Environment.

If the Town of Huntsville retains ownership of the road allowance, an investigation of the condition of the systems must be undertaken and submitted to the Ministry to satisfy their requirements. An estimate for the work to investigate these systems is $9800.

If the appraised value is not acceptable to the Setchell’s, and they are unable to complete the purchase of the road allowance, the Town must act upon the order from the Ministry of the Environment immediately.

FINANCIAL IMPLICATIONS – (Budget & Financial Planning Officer must sign Report)

The cost of the investigation of the sewage systems would be borne by the Municipality. The resolution of the order from the MOE should increase the value of the land in excess of the cost associated with the investigation; however there may be further remedial work that is required as a result of the investigation.

CONCLUSION

IT IS RECOMMENDED THAT: Report, Reference Number BUILD-2012-09 dated November 6, 2012, prepared by Michael Gooch, Executive Director of Development Services regarding the "Lagoon Trailer Park Road Allowance" be received;

AND FURTHER THAT: The fee for the purchase of the road allowance be the amount of the appraisal of Market Value by Len Clark.

AND FURTHER THAT: The applicant complete the road closing and purchase of the road allowance by December 15, 2012 or the road allowance is to be cleared of all buildings, sewage systems, fixtures and ....

What's that floating in the River???