HomeMy WebLinkAboutTR-36-98
ON: TR;.36 -98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose & Administration Committee
Fi Ie # -r;: ~-G::>e:; .
Res. #6P fC) - ~f.o - c! ~
Date:
June 8, 1998
Report #:
TR-36 -98
FILE #: DEV
By-law #
Subject:
AMO Waiver of Notice
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Resolution # C-337-98 passed by Council on April 14, 1998 be rescinded;
2. THAT the Regional Assessment Commissioner, Mr. Merv Bowen be notified that the
Municipality of Clarington does not elect to waive rights under Section 39.1, 33,
34, 40, 40.1 under the Assessment Act.
1. BACKGROUND
1.1 The Council agenda of April 27, 1998 contained a waiver request by the Regional
Assessment Office. The waiver (attachment #1) was approved based on the past
practice for this type of activity.
1.2 Subsequent to the approval by Council, there was a notice received from AMO/LAS
which recommends that this waiver not be signed or endorsed (see attachment #2).
1.3 Staff have checked with some of the area municipalities and have found that they
also are withholding signing the waiver. The results of the survey are as follows:
MUNICIPALITY SIGN WAIVER
YES NO
TOWN OF AJAX ./
TOWNSHIP OF BROCK ./
CITY OF OSHAWA Still considering
TOWN OF PI CKERING ./
TOWNSHIP OF SCUGOG ./
TOWNSHIP OF UXBRIDGE ./
TOWN OF WHITBY ./
8D1
REPORT NO.: TR- 36-98
PAGE 2
2.0 The Clerk has withheld mailing the resolution of April 14, 1998 at the request of
Treasury until this matter has been fully dealt with by Council.
3.0 It is recommended that Council rescind its previous position and NOT waive its
rights to participate in the settlement process. Although staff feel that the
Assessment Office has acted in the best interests of the municipality in the past,
because of the magnitude of recent change in the assessment system and the
potential for an increase in the number and the complexity of appeals, it may be
more effective to have the municipality more actively involved.
Respectfully submitted,
Reviewed by,
ane Marano, H.BSs., A.M.C.T.,
Treasurer
~
W.H. Stockwell,
Chief Administrative Officer.
MM *km
04 May 1998
802
Council Minutes
COMMUNICA TraNS
0-3
Clarington
Public Library
Current Budget
F05.BU
/
0-4
0-5
Proposed
Rezoning/Parks
014.0EV.98-010
Attachment fI1
- 8 -
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April 14, 1998
Resolution #C-336-98
Moved by Councillor Schell, seconded by Councillor Novak
THAT the correspondence received from Rick Morrison, Library Board
Chairman, forwarding the 1998 current budget to the municipality, be
received;
THAT the correspondence be referred to the Treasurer for inclusion in the
prepmationoftheI998currembudg~;and
THAT Rick Morrison be advised of Council's decision.
"CARRIED"
Resolution #C-337-98
Moved by Councillor Schell, seconded by Councillor Novak
I
W
THAT the correspondence dated March 31, 1998 from Merv Bowen,
Regional Assessment Commissioner regarding a waiver of notice and
minutes of settlement, be received;
THAT the Clerk be authorized to execute, on behalf of the Municipality of
Clarington, the Waiver of Notice and Authorization to the Regional
Assessment Commissioner to enter into settlements of complaints against
assessments or palpable errors on the assessment roll of the municipality fur
the 1998 taxation year; and
THAT Merv Bowen be advised of Council's decision.
"CARRIED"
Resolution #C-338-98
Moved by Councillor Schell, seconded by Councillor Novak
I
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THAT the correspondence dated MClTch 24, 1998 from Jean Paul and Kma
Ann Nadeau regarding the rezoning application submitted by Glen and
Barbma Parks, Sunny Ridge Trail, Enniskillen, be received;
803
Assessment Region No. 13
Regional Municipality of Durham
Office Galleria Suite 170
419 King Street West
Oshawa ON L 1 J 2K5
Tel (905) 432-8444
Fax (905) 432-1071
March 31, 1998
Ms. Marie Marano
Treasurer
The Corporation of
The Municipality of
Clarington
40 Temperance St.
Bowmanville, Ontario
L 1 C 3A6
Dear Ms. Marano:
COUNOIl DIRECTION
Region d'evaluatlon N" 131~~RTlOO~
Municipalite R6glonale de Du ~ ~l.S U 'a
OffICe Galleria Bureau 170
419 rue King ouest APR 0 1 19
I_Qsh3'f8 Of'!. L1J 2K5 98.
'U1f(e1 (g05) 'W-l,4AN '99
HIe<: (905) 432-1ffl MUNICIPALITY OF CLARl..uTON
FINANCE
Re: Waiver of Notice
Minutes of Settlement
0-4
Ontario
DISTRIBUTION
ORIGINAL: tile
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Please find enclosed a copy of correspondense to myself from the Assessment Review
Board requesting municipalities to consider the enclosed Waiver of Notice and
Authorization to the Regional Assessment Commissioner.
I would appreciate your response prior to May 15, 1998.
Yours truly,
Merv K. Bowen
Regional Assessment Commissioner
Enclosures
804
1-
Assessment Review
Board
121 Bloor Street East
3rdfloor
Toronto ON M4W 3M5
Tel (416)314-6900
Fax (416) 314.6906
Toll Free 1-800-263.3237
Commission de revision
de I"valuatlon fonciere
121 rue Bloor est
Trolsieme etage
Toronto ON M4W 3M5
TeL (416) 314-6900
Tele<: (416)314-6906
Sans Frals 1-800-263.3237
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OntarIO
March 25, 1998
'iECE/VED
MAR 2 , 1998
AAo .. 1
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Mr. Merv Bowen
Regional Assessment Commissioner, Region #13
419 King Street West
Office Galleria, Suite 170
Oshawa Centre
Oshawa ON LlJ 2K5
Dear Mr. Bowen:
Re: Municipal Waiver of Notice authorizing the Commi<<ioner to enter into Settlements
on their behalf under See. 39.1 and Minutes of Settlements under See. 33, ~, 40, 40.1
To assist in the timely processing of Notice of Settlements under Sec. 39.1, and Minutes of
Settlement under Sec. 33, 34, 40 and 40.1 of the Assessment Act, the Board is again compiling a list
of the municipalities which have signed Authorizations to the Regional Assessment Commissioner to
enter into settlements of complaints on their behalf.
1. Municipalities will have the choice of waiving their right to notice under the new See.
39.1 of the Act, allowing the RAC and the assessed person to reach a settlement prior to a complaint
and fee being filed with the Board, and the Board will issue a Notice of Decision to change the roll in
accordance with the settlement; or
2. If Municipalities do not waive their right to notice under the new See. 39.1, the RAC will
provide a copy of the negotiated Notice of Settlement to the Board and to the Municipality (on
behalf of the Board) which will include a 21-day appeal period m which the Municipality may file an
appeal and fee to the Board if they object to the settlement. If no appeal is filed, the Board will issue
a Notice of Decision.
3. Municipalities will also have the choice of waiving their right to notice under Sec. 33, 34,
40, allowing the RAC and the assessed person to sign Minutes of Settlement for an appeal. and the
Board will issue a Notice of Decision. Where there are two or more complaints filed against a single
property, all complainants must sign Minutes of Settlement for the property to allow the Board to
dispose of all complaints at the same time.
4. Municipalities will also have the choice of waiving their right to notice under Sec. 40.1
allowing the RAe and the assessed person to sign Palpable Error Minutes of Settlement providing
no appeal has been med with the Board. The Board will issue a Notice of Decision without a
hearing.
5. If the Municipalities do not sign the authorizations, they must sign the Minutes of Settlement,
or the Board will schedule the property in a hearing.
805
- 2 -
please forward the enclosed authorization form to all municipalities within your assessment region
for signature. The Board would request all authorizations be returned by May 15. 1998.
Yours truly.
~ ;:;,~
Annette Robinson,
Manager. Complaints & Appeals
Ene!.
Copy: R. Owen
D. Guild
M. Gamble
T. Camacho
D. Kydd
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lRB207b l03/98)
806
Assessment Re'liew
Board
Commission de revision
de I'evaluatlon fonciere
~~i
[Z!la. ~
.. m::n ~
On~"' :
':" 3._~)r Street [-~.~~
121 rue Bloor est
Trolslt?me etage
Toronto ON M4W 3/.15
Tel (416) 314-6900
Tclce (416) 314-6906
Sans FralS 1-8002633237
j;..: :.._-~::"
Tcr,Y" ON M~", 3/.',5
~", (41613146900
'," (416, 3'~ 6906
:' r 18002633237
WAIVER OF NOTICE and AUTHORIZATION
TO THE REGIONAL ASSESSMENT COMMISSIONER
R~prding Settlements Under Sections 39,1. 33. 34,40 and 40,1 of the Assessment Ac':, R.S,Q,
1990, Chapter :\ 31, as amended
Th~ .\1unicip2lity of
hereby authorizes the Re gional
Assessment Commissioner for Region No. 13 to enter into settlements of complaints 2.gainst
JSscssments or palpable errors on the assessment roll of tbis municipality for the 1998 taxation
year. on beh3lf of the municipality, without a bearing, pursuant to subsection 4,1 of tbe Statutory
Pm.. as Procc-dure Act. under the sections specifically identified below:
/,";::,;,-.,-:r:.._:.J.
Section 39.1 ,reconsideration Notice of Settlements)
Yes_
No__
Section 33, :3-"-, 40 (Minutes of Settlements)
Yes
No_
Sections 40,1 ,palpable errors affecting value)
Yes
No_
s~ autboriz2tioIlS already in effect for prior ta.xation years \\ill continue to be in effect lL'1CU aU related
complaints are resolyed, unless revoked in writing.
--
\\Ufl!:::'.ll Ck:. ,.[ Othn Authorizcd Officcr
Date
ARLL'()7 A (03\)S)
807
~Wai\'er of Notice.
http://members.municom .com municom ~ alert/waiver. htn!
Attachgtent 112
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Association of
Municipalities
of 0 ntario
A"A.l!'~I;ji!iilliilllll'
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LOCAL AUTHORITY SERvrcES LTD.
Municipalities will be receiving from their Regional Assessment Commissioners a form entitled
"WAIVER OF NOTICE and AUTHORIZATION TO THE REGIONAL ASSESSMENT
COMMISSIONER" if they have not already done so.
What you are being asked to do
Municipalities are being asked if they wish to sign a .._fQD!w~J1"aulhori;1;~ the."~~.:
Assessment Commissioner ..et2~t~.,,~~I~1P.en_~,~.i1i!~~ ~~~ts,lU,ldp@Jp~le
:Cf!rOts on the assessment roll for the 19~9 taxatlon year on behalf of the mUnicIpahty ,,-'ttI"'f1Ilring.
Specifically the form enables municipalities to waive their rights under Section 39.1 (Recorlslderation
Notice of Settlements), Sections 33, 34,40 (Minutes of Settlement) and Section 40.1 (Palpable Errors
Affecting Value) of the Assessment Act.
While this form is optional, AMO and LAS do not believe that signing the form is in the best interest of
your municipality.
What happens if you sign the waiver form.
Under the new Ontario Fair Assessment System, the assessor has been given the power to reach an
agreement to amend an assessment prior to the deadline to appeal. Municipalities have the right to
review these negotiated settlements to ensure that any changes to be made are fair and equitable and in
the best interest of other ratepayers within the same jurisdiction. By waiving your right to receive these
Ji Notices of Settlements, you automatically forfeit your ability to object to unfair assessment changes. As
a result, your municipality would have no ability to prevent the erosion of its assessment base or the
resulting tax revenues lost.
The same holds true for Minutes of Settlement. If you waive your right to be a party to these
agreements, the assessor is empowered to dispose of an assessment complaint without your knowledge
or input. Since the Ministry of Finance's goals are not necessarily consistent with municipal interests,
the settlement put into place may not be fair or equitable from the municipality's interest.
Getting HELP
Municipalities, when their receive the waiver form, may be tempted to sign and return it in order to
reduce the paperwork they will receive and because they do not have the time or resources to review
each and every reconsideration agreement.
While this is a consideration, municipal councils must think of the potential negative impact this may
have on the municipality's primary revenue source simply as a result of not knowing what settlements
are being put into place.
If your municipality needs assistance to have someone review reconsideration agreements or needs
representation at the appeals level to ensure that your municipality's interests are preserved, contact LAS
at 416-971-9856 Ext. 327 to learn about the services in these and other areas available to municipalities.
Michael Power
President, AMO
Sharad Kerur
President & CEO, LAS
808
16-Apr-98 9:57 AM
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