Comox council voted in favour Wednesday of a slight reprieve for Lancaster Heights residents who were hit with a surprise parcel tax for a sanitary sewer lift station earlier this year.
At a committee of the whole meeting, council voted unanimously to follow staff recommendation to rescind third reading of Bylaw 1677, which would have begun the extra taxation this year, and amend the bylaw to begin taxation in 2012.
Coun. Russ Arnott initially questioned the amendment, as he noted there are still many unanswered questions between approximately 60 homeowners and the developer.
"I don't think leaving (the bylaw at second reading) for the next council (is the answer), but to me there's still some unanswered questions as to the responsibility ... it's pretty clear to me, there needs to be some ownership taken of this equation," he said.
Residents of the area received the surprise notification of the tax increase this February, and according to finance director Donald Jacquest, the area's developer Harold Long "dropped the ball."
Jacquest communicated to Long, who agreed to notify potential homeowners about the local service to fund operation of the station, which lifts sewage to the regional district's 'megalift station' at the bottom of Jane Place.
The cost is estimated at about $165 per parcel per year.
When Jacquest contacted Long in March to confirm notice had been provided, the developer admitted he did not, noted Jacquest in a report to the review panel.
"But I think what Coun. Arnott was talking about is rescinding third reading and doing nothing more ... but then all that's doing is fobbing off the operating costs of this lift station that only benefits those people, and you're putting that off onto the rest of the taxpayers in Comox. And I don't see where the equity is in that ... it just doesn't seem fair," noted Coun. Tom Grant.
"Everybody either pays for everything, or when you have something of benefit to only those people that they are the ones who really should pay. I know that's not really appetizing for those people who have to pay, but why should my neighbour have to pay for that when he would never ever use it?"
Arnott agreed with Grant, although he questioned repercussions towards the developer.
"I do agree with Coun. Grant but I also need to understand that we've dotted the 'i's' on this and I don't see what more we're doing with the developer. I'd like to know was he correct in not sending this out, or not following this up, or were we wrong?," he asked.
"There's probably a desire to find liability. Clearly it's the developer's responsibility to notify, the Town can only notify through the developer when the lots are created. Prior to that time — other than the meetings we have here — it's up to the developer, and the town I believe has done what it can under the circumstances," noted Mayor Paul Ives.
"Ultimately it's the developer's responsibility to disclose. There may be recourse the individual owners may wish to pursue against the the developer, but there's nothing the Town has done ... now it's up to the Town when we start charging," he added.
Council will examine the rate of parcel tax at the May 4 council meeting.
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