Central Manitoulin produces bylaws allowing process for Wagg’s Wood sale

CENTRAL MANITOULIN—Following up assertions that the Central Manitoulin municipal council had not followed the requirements of the Municipal Act in declaring a portion of the property locally known as Wagg’s Wood (officially labeled as a Central Manitoulin municipal park) and disposing of the property, The Expositor was provided with copies of the bylaws through which the property sale was undertaken.

In the first instance, a detailed bylaw was written as follows: “Now therefore, the council of the Corporation of the Township of Central Manitoulin enacts as follows: 1. That where made applicable by section 193 of the Municipal Act this bylaw shall apply to the sale of real property by the corporation including a lease of 21 years or longer; 2. That prior to the disposal of property the council shall, by resolution, declare the property surplus; 3. That prior to the disposal of real property and where there is no exemption under the regulations, the council shall obtain at least one appraisal of the fair market value of the real property; 4. That the form of appraisal shall be a written opinion as to the amount that the real property might be expected to realize if sold in the open market by a willing seller to a willing buyer; 5. That the council may direct by resolution that the appraisal shall be conducted by an independent qualified appraiser; 6. That notice to the public of the proposed sale shall be given at least 10 days, including holidays, prior to the disposal of real property by advertisement in two local papers having general circulation on Manitoulin Island. The advertisement shall include a brief description of the property, and shall specify the dates involved with the sale; 7. That council may dispose of the property by either: a) public tender, or; listing the property for sale on the open realty market; 8. That the purchaser shall be responsible for all costs incurred or required to dispose of the real property, including legal, survey, appraisal, encumbrances, advertising, improvements, administrative fees and so on; 9. That this bylaw replaces and rescinds bylaw 95-10 of the former Township of Sandfield; and 10. This bylaw shall come into force and take effect immediately upon enactment thereof.” Enacted in 2001.

The second much shorter bylaw reads as follows: “whereas the Municipality of Central Manitoulin deems it necessary to amend said bylaw 2001-02; therefore the Municipality of Central Manitoulin enacts as follows: bylaw 2001-02, being a bylaw to establish procedures for the sale of real property owned by the municipality is hereby amended as follows; add section 11–notwithstanding anything to the contrary to this bylaw, council may, by resolution, provide for procedures other than those provided for in this bylaw. This bylaw shall come into force and take effect on the final day of passing.” Enacted in 2011.

It is the second bylaw under which the property was disposed.