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HomeMy WebLinkAboutTR-94-96 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT #5 REPORT Meeting: COUNCIL MEETING File# Date: December 9, 1996 Res. # By-Law# Report#: TR 96-AFi File #: Subject: FEE FOR SUPPLEMENTARY ASSESSMENT - RECOVERY FROM SCHOOL BOARDS Recommendations: It is respectfully recommended to Council the following: 1. THAT Report TR-94-96 be received; 2. THAT beginning with the 1997 budget year, the Peterborough Victoria Clarington Northumberland Roman Catholic School Board and the Northumberland Clarington School Board of Education be invoiced, under Bill 26, for recovery of their proportional share of the 1997 budget expenditure for fees paid by the Municipality for supplementary assessment; 3. THAT the respective Boards be reimbursed for any difference between actual charges and the invoiced amount, based on budget; 4. THAT staff be authorized to investigate and charge back if allowable and administratively reasonable, each property giving rise to the fee for supplementary assessment; 5. THAT if the charge back to the property owner is a reasonable and allowable option, the Region and School Boards be reimbursed their proportional share upon collection from the ratepayer; i 6. THAT the attached By-Law imposing the fees or charges be approved; and 7. THAT the Region and the Peterborough Victoria Clarington Northumberland Roman Catholic School Board Chairman and the Northumberland Clarington School Board Chairman be advised of Council's decision. I I i P CYCLED AP ER PAPER ECYCLE THLS 6 PRIPEDC RECYCLED PAPER TR-94-96 Page 2 BACKGROUND: 1.0 Fee for Supplementary Assessment 1.1 In 1994, the Province began charging municipalities for transactions related to assessments coming on stream after the current year assessment roll has been struck (supplementary assessments). 1.2 The Province did not implement these charges through legislative amendment. Consequently there was no legal channel for the fees to be passed along to the Region or the School Boards. 1.3 In 1995, the Region of Durham, as requested by Council, voluntarily included their proportional share of the fees. The School Board did not respond positively to the same request. 2.0 Bill 26 2.1 Bill 26 introduced in 1996, allows under Schedule M, Section 220, municipalities to charge user fees. The Ministry of Municipal Affairs has advised verbally that invoicing and cost recovery under this method is appropriate. 2.2 It is recommended that the two Clarington Boards of Education be invoiced in 1997 based on the budgeted expenditure. Once actual costs are determined, adjustments can be made by invoicing or refunding any difference. 3.0 Charge Backs 3.1 Preliminary discussions with the Ministry of Municipal Affairs suggest that properties giving rise to the charges can be billed directly for the fee that is subsequently charged to the Municipality. Staff will continue discussions and if eligible will consider the best way to recover the charge, possibly by invoicing or by adding directly to the tax bill as an additional or special charge. Because the fee was not introduced as a tax, although it is directly linked to realty taxes, the municipality may not be able to add the charge to the tax bill and collect it "as taxes", it may be that if it is allowed it would be collected "in the manner' and as such it does not have the same priority or status as taxes. This may significant reduce the potential for recovery. TR-94-96 page 3 3.2 As this point staff have a concern that the administrative process to recover directly from the taxpayer and reimburse on an individual basis may be extremely onerous and time consuming to process. 3.3 Any fees recovered will be proportionately shared and reimbursed as appropriate to the Region and the School Boards. 3.4 However, staff feel it is worth investigating the potential for recovery and following through, if possible. 4.0 Notification 4.1 The Boards of Education were verbally advised of the proposed fee recovery at a joint Municipal/Board meeting held by the Mayor in October 1996. Respectf ll<y submitted, Reviewed by, /X�A c _. r 'e X Marano, H.BSc., A.M.C.T., W.H. Stockwell, Treasurer. Chief Administrative Officer. MM/hjl THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 96- Being a By-Law to Impose Fees or Charges on the Boards of Education in the Municipality of Clarington. WHEREAS, Bill 26, Section 220, provides for a municipality to pass by-laws imposing fees or charges on any class of persons, the Council of the Corporation of the Municipality hereby enacts as follows: 1. THAT effective for the 1997 budget year and each year thereafter, the Municipality of Clarington will recover the costs payable to the Province relating to supplementary assessments by way of a fee or charge imposed on the Boards of Education having jurisdiction in the Municipality; 2. THAT the fee or charge will be levied based on the current year budget estimate of charges payable to the Province; and 3. THAT if the fee charged is in excess of/or deficient compared to that paid to the Province in any given year, the Municipality will adjust the final or subsequent tax levy payments to the Boards of Education. By-Law read a first and second time this 9th day of December 1996. By-Law read a third time and finally passed this 9th day of December 1996. Mayor I Clerk i