Resolution 22-10

 

Date: January 27, 2022

Moved By: Richard Malette

Seconded By: Richard Stephens

WHEREAS The Corporation of the Town of Espanola (“Espanola”) has commenced a legal proceeding against the Manitoulin-Sudbury District Services Board (the “Board”) respecting the Board’s current cost apportionment formula (the “Current Formula”) and is asking that the Court set it aside;

AND WHEREAS Espanola has proposed that a new formula (the “Proposed Formula”) be established to replace the Current Formula, with the Proposed Formula being the formula proposed in the attached report from Municipal Tax Equity Consultants Inc., dated December 20, 2021 and as shown in Table 3 in this report;

AND WHEREAS DSB staff have reviewed Tables 4 and 5 in the aforementioned report and, while there is no intention to return to the default formula, staff are of the view that such tables do not represent the default formula as they contain Payments In Lieu (PIL);

AND WHEREAS pursuant to subsection 6(5) of Ontario Regulation 278/98 (the “Regulation”), the cost apportionment formula therein may not be changed to the Proposed Formula unless the following requirements are met:

a) the Proposed Formula is approved by the Board; and 

b) a majority of municipalities and members representing territory without municipal organization consent to the establishment of the Proposed Formula and those municipalities and members represent a majority of the electors in the Board’s district;

AND WHEREAS a resolution of the municipal council is required for a municipality to consent and a signed consent of a member representing territory without municipal organization is required for the member to consent to the Proposed Formula change;

AND WHEREAS, in light of the current legal proceeding, it is appropriate and advisable, before the Board considers the matter further, to first determine whether a majority of the member municipalities representing a majority of the electors of those member municipalities (and TWOMOS) consent to a change in the formula from the Current Formula to the Proposed Formula;

NOW THEREFORE be it resolved as follows:

That each municipality and member be asked to, by February 22, 2022, consider the matter and, by resolution or signed consent, as the context requires, inform the Board whether such municipality or member would consent to a change in the cost apportionment formula from the Current Formula to the Proposed Formula shown in Table 3 of the Municipal Tax Equity Consultants Inc., dated December 20, 2021 for the year 2023, provided that the legal proceeding is satisfactorily resolved.

Carried

Original signed by Bruce Killah - Chair