Pembroke mayor's $1K offer to buy city land still stands, council hears
Dead-end land near Mayor Ron Gervais’s home appraised at $790, council to vote on sale at next meeting
After recent public scrutiny over the matter, councillors in Pembroke, Ont., received additional details about a piece of surplus city land the mayor wants to buy for $1,000 near his home.
Mayor Ron Gervais's offer to purchase the land drew ire from some residents in March. Some took to social media expressing disbelief, saying it "screams of conflict of interest" and that taxpayers "should be sick to their stomach."
The land in question is a portion of the dead-end of Willard Street, about 304 square metres in size.
Council discussed Gervais's offer during a closed caucus session last September and gave direction to proceed with the sale. It was then debated at council on March 7.
After a heated exchange, councillors tabled voting on the sale in March and asked staff to appraise the land. Staff were also asked to come up with a new policy regarding the sale of surplus land, noting surplus land sales for $1,000 have been common practice for the municipality.
During the planning and development committee meeting Tuesday, planning manager Colleen Sauriol said Rivington Associates appraised the land as having a market value of $790.
Sauriol read from Rivington's report, stating the land has a "substantial drop off to the water's edge" at the Indian River. The appraiser believed the land could not be developed, she said.
Sauriol said the land was categorized as "non-viable," meaning it can't be developed on or function as a separate entity, and can only be functional if used by an adjacent owner.
"The city has no need for this land," Sauriol said.
Sauriol said other homeowners adjacent to the land expressed on April 12 that they had no interest in purchasing it.
"I think we've completely cured the problem, which was that it was being done in secret," said Coun. Ian Kuehl, who was vocal against the sale during the March 7 meeting. He had expressed dissatisfaction about how it was handled.
"I think the public can now be certain that this was done in a proper, transparent and economic way."
Council will vote on the sale of the land at its May 16 meeting.
The mayor had asked the city's integrity commissioner for a legal opinion on his offer to purchase land, and the commissioner said in a letter — read to council in April — that "it's not a conflict or unethical for a member of council to make an offer to purchase city-owned land."
This commissioner's findings were not part of an official investigation, which happens when someone submits a complaint.
Changes to other policies, bylaws discussed
The city doesn't currently require appraisals or a declaration of surplus land under its bylaws.
Earlier in the evening, Sauriol presented a draft surplus land sale policy that will ensure any sales of land will be conducted in a way that "fosters public trust," ensures the city's interests are protected, and is "fair, open and transparent."
That will also be voted on at the next council meeting.
Councillors also voted unanimously to have staff review some bylaws to allow for more transparency, accountability and openness in city government.
That conversation follows recent media coverage in which some residents expressed concerns about perceived and possible financial conflicts of interest involving Gervais's ties to his place of employment, Sheppard & Gervais — the firm hired by the city to carry out the city solicitor job and headed by Robert Sheppard.
In a story published Monday, another resident raised "serious" concerns after a court battle with the city, citing emails they received as evidence Gervais worked as a lawyer on the taxpayers' dime while serving as an elected official last year.
On Tuesday night, Coun. Troy Purcell put forward a motion to have staff review and revise the procedural bylaw (which outlines the rules for proceedings of meetings), the procurement bylaw and the appearance before council bylaw.
He said it was "to increase transparency and accountability," and he asked staff to consult with stakeholders like residents and businesses on any proposed revisions.
"The procedural bylaw, we all know it's full of gaps," said Purcell. "It's about the processes, looking at the timelines, making it more transparent not only for us ... but also the visitors to council that come here and want to be informed."
"I think we can do better," said Kuehl, who seconded the motion, stressing that members of the public need adequate time and notification about upcoming matters to meet city deadlines to sign up to address council, if they wish.
"I will go along with the bylaw because I believe in growth and inner reflection, but I take it a little personally when you say that we're not accountable or transparent, because I think we are," said Coun. Ed Jacyno.
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