Pembroke council approves selling city land to mayor for $1K
Priscilla Ki Sun Hwang | CBC News | Posted: May 17, 2023 11:00 AM | Last Updated: May 17, 2023
Ron Gervais to buy portion of dead-end land near home following public scrutiny
After months of back and forth and some public scrutiny, city councillors in Pembroke, Ont., have unanimously approved selling a piece of surplus city land to the mayor for $1,000.
The land in question is about 304 square metres in size and is a portion of the end of Willard Street near Mayor Ron Gervais's home.
The last city council prior to the fall election 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, which brought about a heated exchange among councillors on whether council was acting transparently.
Gervais's offer to purchase the land drew ire from some residents that month. Some took to social media expressing disbelief, saying it "screams of conflict of interest" and that taxpayers "should be sick to their stomach."
Gervais then sought advice from the city's integrity commissioner Tony Fleming, who in a letter presented to council told the mayor he wasn't aware of "any attempt to influence staff or council" on this issue based on what Gervais disclosed to him.
Fleming said "it's not a conflict or unethical" for a council member to make an offer to purchase city land.
Council decided to postpone voting on the matter in March, asking staff to come back with an appraisal of the land and to put it up for public notice.
Councillors heard earlier this month that the land was appraised by Rivington Associates, who said it had a market value of $790. They also heard the adjacent property owners had no interest in buying the land.
Councillors pass motion without comments
On Tuesday night, Gervais removed himself from the council table during a meeting, declaring a pecuniary interest — meaning financial interest — prior to the motions related to land sales.
Within mere minutes of being presented by Coun. Ed Jacyno, council passed the motion.
In a stark contrast to prior meetings, none of the other councillors made any comments.
WATCH | Councillors unanimously approve sale to mayor:
Council had also asked city staff to come up with an official policy to govern sales of city land.
The policy outlines what land is categorized as viable or non-viable, meaning it can't be developed, and requires the city to provide public notice when selling surplus land. It will also have staff put together a surplus land registry.
The policy 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," the city's planning manager said last meeting.
Council voted unanimously to approve that new policy Tuesday.
Council votes to limit contracts to 5 years
Councillors also voted unanimously in support of an update to the city's procurement policy, limiting contracts to no more than five years.
Moving forward, I think this council is more united. - Coun. Andrew Plummer
This follows CBC's reports of Gervais's ties to the city's solicitor Robert Sheppard and the law firm they both work at: Sheppard & Gervais. Some residents questioned whether this was a conflict of interest.
The city's contract with the solicitor dates back to 2002 and some councillors raised concerns about the lack of review for the past two decades.
"I believe council came to a successful decision … and not basically signing contracts for perpetuity," said Coun. Andrew Plummer, who presented the motion. "Moving forward, I think this council is more united."
In April, Coun. Troy Purcell brought forward a motion to reconsider the city's contract with Sheppard.
The motion asked the CAO to put out a request for proposal — an open request for bids — for the legal services Sheppard's team is currently providing, to see if taxpayers are being best serviced.
That motion was tabled and it's unclear when it will be discussed again. CBC has asked Purcell for an update and is waiting to hear back.