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HomeMy WebLinkAboutFND-023-04 UNFINISHED BUSINESS J Clfll-!lJglOn REPORT FINANCE DEPARTMENT Meeting: COUNCIL TUESDAY, OCTOBER 12, 2004 [" ;';)'/)( ,t.! Resolution #: '-,; ), l . Date: Report #: FND-023-04 File#: By-law #: Subject: EDUCATION DEVELOPMENT CHARGES APPEAL - TRINITY UNITED CHURCH Recommendations: It is respectfully recommended to Council the following: 1. THAT Report FND-023-04 be received; 2. THAT the complaint regarding the application of Education Development Charges pursuant to 5.257.85 of the Education Act by the Trinity United Church be dismissed; 3. THAT Council formally request that the Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland Clarington Catholic School Board consider including an exemption for places of worship and other such exemptions in their next development charges by-law to allow for greater consistency in application of development charges among the various parties; and 4. THAT the Trustees of the Trinity United Church be notified of Council's decision and be encouraged to request both school board's to consider an exemption for places of worship in their next development charges by-law. Submitted by: Nancy Tayl Director of fJl--eJ 0 < __0 leL R . db '-..-/ . ' .'~,_'.~;L,- eVlewe y: Franklin Wu, Chief Administrative Officer. NT/hjl FND-023-04 Page 2 BACKGROUND: 1.0 Council held a hearing into an education development charges complaint by the Trinity United Church on Monday September 27,2004. The Church was requesting a refund on the charges due to the contributions to the community served by their building expansion. 1.1 Currently, there are no exemptions in the education development charges by- laws of either the public or separate school boards. 1.2 Unfortunately, under the Education Act, section 257.85(1), Council can only determine if the charge was calculated incorrectly or the by-law was applied incorrectly. Council does not have the ability to amend the Education Development Charges by-laws for what it may perceive as omissions, or deficiencies in the by-laws. CONCLUSION: 2.0 Based on the above, Council regrettably has no alternative but to dismiss the complaint. However, it is recommended that both Council and the Trinity United Church request that the school boards consider including appropriate exemptions in their upcoming development charges by-law review. Attachment: Trinity United Church request dated September 7,2004 Interested Parties: 1. Trinity United Church, Mr. A. Plummer, Chair of Trustees 116 Church Street, Bowmanville, Ontario L 1 C 1 T2 2. Kawartha Pine Ridge Education Centre, Dr. A. Glaze, 1994 Fisher Drive, P.O. Box 719, Peterborough, Ontario K9J 7A1 3. Peterborough Victoria Northumberland and Clarington Catholic District School Board, Mr. M. Langlois, 1335 Lansdowne Street West Peterborough, Ontario K9J 7A1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 .' Attachment to FND-023-0 \!Crinitp l1niteb (lCburcb ({lJurclJ nnb IDiUisioll il>trccts JlolDmnnUillc. llDntnrio Mailing Address: 116 Church SI., Bowmanville, ON. LlC IT2 September 7, 2004. Church Phone: 623-3912 Office Phone: 623-3138 Ms. Patti L. Barrie, Municipal Clerk, 40 Temperance Street, Bowmanville, ON., LlC 3A6. Minister: Rev. Joe Lafave, B.A., M.Div. Office: 623-8212 Home: 697-3590 Reference Building Permit 04.0443 Receipt for Development Cost Public, Separate School #506290 Secretary: Betty Ball Trinity United Church ask your consideration to refund Education Development Costs for Public, Separate Schools assessed to us on Building Permit #04.0443 June 25, 2004. ' Trinity United Church is a publicly funded church serving the Town of Clarington for the past 169 years. In serving our community through faith and religion, we also have many community. activities weekly, e.g. Scouts, Brownies, Guides, Sparks, etc., supplying much needed space for their varied activities. Our building expansion is designed to enhance our approach to community activities. Weare a teaching and supportive facility of our community and feel we should be exempt from these development costs. We ask your consideration for exemption and subsequent refund of monies paid. CtE.Rti. ~"'I<"I<<'~'X~h;,,'"'' Owner: Alan Plummer, Chair of Trustees Applicant: Harold Hammond j~,G~;. B. ___,,._,~,.,,,..._;,,.._ ',.~,"_ U&~~ ~qJCl./vv"...,o-...d .' ._~~1...GtN. ~ Tll:..__"__._ : CG'P"'" l'~. ~~lJ. -,------. ! i' j __ ~=_..:I:~.~:.__! I . :"'-_...... .----"-..,-.~-,,-.""~......-_,_.,- [ . ~~"'___ M......_,_.~._~.."'...,._~.~,._".,_~._.,: ],., , . , ..-.- --~"'-~'" "............;,~......~~,_._--> 1 . , : ~-..~-~.~.- ,~~".<....... ,-,' ._-. .,~,-, . . , ; -<--.....,...~"',. ..." "...-_.~....-~.j..,", ..- ,.--.. . i -"':':':.~