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Home My WebLink AboutFND-007-07 C1~.n REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE March 26, 2007 Resolution #: BfA - ;) 7 G - OJ Date: Report #: FND-007-07 File#: By-law #: Subject: DISCONTINUATION OF FIRE CALL BILLING Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-007-07 be received; and 2. THAT the attached by-law be executed by the Mayor and Clerk to amend By-law 96-32 to eliminate the user fee for "Response to motor vehicle accidents for non- residents" and replace it with "Response to motor vehicle accidents for non- residents on Provincial Highways within the Municipality of Clarington". 3. THAT all outstanding invoices issued for non-residents for accidents that occurred on non-Provincial Highways that remain uncollectible be written off. Submitted by: Reviewed bel ~~~ Franklin Wu, Chief Administrative Officer. NT /LB/na REPORT NO.: FND-007-07 PAGE 2 ______________________________________________________________________ BACKGROUND AND COMMENT: 1.0 The Emergency Services Department routinely responds to calls for assistance from residents and non residents within the Municipality of Clarington. These calls can utilize the manpower and physical assets of the Municipality for a few minutes or many hours, depending on the location and severity of the incident. 2.0 For residents of the Municipality of Clarington, the cost of this service is included as part of their property taxes. For non-residents, we attempt to recover the cost associated with providing the service by issuing an invoice for the service based on the number of hours the trucks were on site. 3.0 Billing for Emergency Services has been in place since report FD-9-96 was approved as of May 1, 1996. See ESD-004-04 attached. 4.0 In order to facilitate the preparation of an invoice for each call, we required the details that are contained in the accident reports obtained from the Durham Regional Police Services (DRPS) and the Ontario Provincial Police (OPP). 5.0 The DRPS withheld their reports from Emergency Services in 2006 and while the OPP did provide some of their reports, it is expected they will only be available for highway calls in the near future. The OPP and DRPS have expressed concerns that their provision of these reports may be in contravention of the Freedom of Information and Protection of Privacy Act. 6.0 There is no requirement for the public to provide information to Emergency Services staff on scene, nor is there an expectation that this would be provided if they knew they would be invoiced. Further, there is no provision for determination of fault unless provided by the police. 7.0 Unlike property related user fees such as fire inspections, motor vehicle related fees are very difficult to collect and administer. Emergency Services administration staff review incident reports daily and record responses to motor vehicle accidents. Requests are then forwarded to the appropriate policing agencies for information related to these incidents. Once it is determined that a non-resident driver is at fault for the incident, an invoice is generated and mailed out. If payment is not received, there are subsequent follow-up procedures that are carried out by staff in Accounts Receivable. The complete process can take up a substantial amount of staff hours and can result in the Municipality having to solicit the services of a collection agency. 8.0 It has always been a challenge to collect these outstanding invoices once issued to anyone other than the Ministry. The individuals and their insurance companies have always objected to paying for the service. REPORT NO.: FND-007-07 PAGE 3 ______________________________________________________________________ 9.0 Currently we have $7,350 in invoices outstanding for 60 days with many well over 120 days that are due to be sent for collection. 10.0 Due to the situation with OPP and DRPS, the invoicing cannot currently be administered on a continuous basis since the information is not always available to determine which party was at fault. 11.0 In 2004 the Municipality billed $56,000 for non-resident fire calls; in 2005, $121,452; and in 2006, $7,000. Of these amounts in 2004, $35,875 came from the Ministry of Transportation for responding to incidents on the 401 for which the OPP reports are required, in 2005 $63,175, and in 2006 $6,650. CONCLUSION AND RECOMMENDATIONS: 12.0 In summary, Emergency Services has been collecting motor vehicle related user fees since 1996. The ability to charge for these services has relied principally on the cooperation from police agencies. The access to reports from the DRPS and OPP has become uncertain. The resulting 94% reduction in the Municipality’s 2006 revenue reflects the impact of having the majority of the reports withheld. 13.0 It is therefore recommended, that By-law 96-32 be amended to eliminate the user fee “Response to motor vehicle accidents for non-residents,” to be replaced with “Response to motor vehicle accidents for non-residents on Provincial Highways within the Municipality of Clarington”. We further recommend that all outstanding invoices issued for this service that remain uncollectible for non-Provincial Highways be written off. ______________________________________________________________________ Attachments: 1. Report # ESD-004-04: Amendment to By-law 96-32 2. By-Law # 2007-___ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169 , "" Attachment # 1 '-" C/p"invtl\Jl L;~I.MJ REPORT EMERGENCY AND FIRE SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Fo5 ~G-ffi- (2Q-oL\- Date: February 23, 2004 Report #: ESD-004-04 File # 10.12.6 By-law #~oo+- o5~ Subject: Amendment to By-law 96-32 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee -- recommend to Council the following: 1. THAT Report ESD-Q04-04 be received. 2. THAT Schedule D (attached) to By-law 96-32 be amended to include the user fees charged for response to motor vehicle accidents for non-residents and false alarms; and 3. THAT the by-law attached to Report ESD-004-04 be approved. BACKGROUND AND COMMENT At the meeting of April 12, 1996 Council approved that user fees for non-residents and false alarms be implemented. as of May 1, 1996, through the adoption of Report FD-9- 96. In this regard, Schedule 0, to By-law 96-32 was never changed to include these user fees. ...... 9' ," \ "' , , v r~. I . '-" '-" '-' REPORT NO.: ESO-o04-o4 PAGE 2 It is recommended that Schedule D (attached), which has been amended to include user fees for non-residents and false alarms, replace the existing Schedule 0 attached by By-law 96-32. r/J,J - . d~~c Submitted by: ---:- Reviewed by:. ~ &-...:..-'Mlchael G. Creighton. AMCT, CMM11 Franklin Wu, M.C.I.P. r . Director Emergency & Fire Services Chief Administrative Officer MGC:sr Attachment: Schedule 0 to By-law 96-32 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L 1C 3A6 1(905)623-3379 F (905)623-6506 9~2 '-' THE MUNICIPALITY OF CLARINGTON BY-LAW #2004- Being a by-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees WHEREAS at its meeting held on March 1,2004, the Council of the Municipality ofClarington adopted the recommendations contained within Report ESD-004-04: NOW THEREFORE BE IT RESOLVED that By-law 96-32 be amended by deleting Schedule "0" thereto and replacing it with the attached Schedule "0". '-" By-law read a first and second time this 1 sl day of March 2004. By-law read a third time and fmally passed this 15t day of March 2004. John Mutton, Mayor Patti L. Barrie, Municipal Clerk '-" 1v) ....... SCHEDULE "D" TO BY-LAW 96-32 FEES PRESCRIBED BY THE FIRE CHIEF SERVICE/DOCUMENT Burning Permits Daycare/Home Daycare Centre Inspections Wood Stove Inspections Requested by Home Owner And Insurance Companies Fire Loss Reports Requested by Insurance Companies Refreshment Vehic1e Inspections Response to motor vehicle accidents for non-residents Response to false alarms ~ '- 7 ,.. -r FEE $25.00 $75.00 I Inspection $50.00/ Inspection $75.00 I Report $75.00/ Inspection $350.00/ Dnit $350.00 I Unit Attachment # 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2007- Being a by-law to amend By-law 96-32, as amended, to require the payment of fees for information and services provided by the Municipality of Clarington, and for prescribing the amount of such fees. WHEREAS at its meeting held on April 2, 2007, the Council of the Municipality of Clarington adopted the recommendations contained within Report FND-007-07; NOW THEREFORE BE IT ENACTED: 1. That By-law 96-32 be further amended by deleting the user fee description "Response to motor vehicle accidents for non-residents" and replacing "Response to motor vehicle accidents for non-residents on Provincial Highways within the Municipality of Clarington." By-law read a first and second time this day of 2007. By-law read a third time and finally passed this day of 2007. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk