Township resident Jens Dam is planning to challenge council’s decision not to recover $229,000 in development charge rebates and reimbursements given to contractors.
Dam, who successfully challenged council twice at the Ontario Municipal Board (OMB) on its handling of a new development charges bylaw, said he “is considering” his options after council decided it would not attempt to recover the money.
The main aspect of his OMB wins focused on whether council had the right to make its bylaw retroactive. The OMB sided with Dam, handing down a ruling that the bylaws could not be retroactive and that council had not followed proper procedure when attempting to pass a bylaw.
The procedure required council to conduct a development charge study and host public meetings before passage of a new bylaw. Eventually the procedures were followed and a new bylaw passed in June.
Dam claims the retroactive ruling of the OMB also meant rebates and reimbursements could not be made.
“Council can make any decision they want (but) they also have to follow the law,” he said in a telephone interview with the Advertiser.
“They can’t give any money away without covering basic procedure.”
The township claims two bylaws passed by council – one in 2011 and one in 2012 – allowed it to give rebates and reimbursements. However, Dam claims the 2011 bylaw was struck down by the OMB ruling and couldn’t be used as a basis for the rebates and reimbursements.
“They didn’t want to defend it so they threw it out,” Dam said of the bylaw. “That was a Mickey Mouse bylaw. It was council who got caught with sticky fingers in the cookie jar.”
Dam said any challenge he might make is directed against council and its handling of the matter – and not against contractors. He said he has told contractors who received rebates or reimbursements, “it’s not against you, it’s the township.”
Among his options, according to Dam, is requesting the ministry of Municipal Affairs and Housing look into the matter or taking the matter to court.
“I’ll have to look into my options,” he said.
Township CAO Mike Givens has said he does not expect council’s decision will be challenged, based on the legal advice the township has received.
“I haven’t formulated my strategy,” Dam said of an anticipated challenge. “I’m not going to let it sit … We are talking about $229,000. If I cheated the township out of $229,000 I think I would hear about it,” he added. “It should not have been given away in the first place … and the next guy has to pay for it. Council has decided not to collect the underpayments, but the money has to come back. They think it’s dead and buried, but it isn’t. I’m not satisfied that they just give away taxpayers’ money.”
