The District of Squamish received 14 offers for 8.5 acres of prime industrial land, but is refusing to disclose the property’s appraised value or details of competing bids for a sale that netted $13.27 million.
The District sold half of the municipally-owned Lots 38/39 at 1221 and 1311 Pioneer Way to two numbered companies held by Solterra Acquisitions Corp., in a deal that closed on December 9.
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In response to an FOI request from the Squamish Reporter, the District disclosed that it had received 14 expressions of interest but refused to provide details on the district property’s appraised value, the nature of competing proposals, and the internal decision-making records that led to the sale.
The District cited three exemptions for withholding the appraisal records: protection of policy advice, potential harm to the District’s financial interests, and protection of third-party business information. The District also refused to release the 13 competing written offers under Section 21 of FIPPA.,
“The head of a public body must refuse to disclose to an applicant information… that would reveal trade secrets of a third party, or commercial, financial, labour relations, scientific or technical information,” the District said in its response.
DOS points to public information
The District pointed to publicly available council meeting records and staff reports as sources of information about the sale. A December 9 council report and special business meeting discussed how proceeds from the land sale would support facilities projects, including development cost charges for properties at 1221 and 1311 Pioneer Way.
According to the District’s response, a disposition notice was published in the local newspaper. The executed purchase and sale agreement and an addendum are available for public inspection at Municipal Hall, the District said.
The District first announced the pending land sale in November, stating the property had been “actively marketed for sale or lease over the past year.” The sale represented 50 per cent of the 17-acre Lot 38/39 parcel in the Squamish Business Park.
What was withheld
The District withheld the following records demanded by the FOI:
- All appraisals or valuations of the property conducted by the District
- All written offers or proposals submitted by interested parties
- Staff reports and briefing notes recommending the sale to Solterra, citing Section 12, which protects deliberations of elected officials in closed meetings
- Any comparison between the $13.27 million sale price and appraised values
The District stated that disclosing appraisal information “could reasonably be expected to harm the financial or economic interests of a public body” under Section 17 of FIPPA.
Under Section 52 of the Freedom of Information and Protection of Privacy Act, applicants may request the BC Information and Privacy Commissioner review a public body’s decision to withhold records. The Squamish Reporter will file a review.
With the overall financial situation in town and the resident owners being upset about the overall budget, it is time to tell all and stop hiding under the staff rules to hide everything.