Loading...
HomeMy WebLinkAboutCD-1-86 0" � ,- TOWN OF NEWCASTLE �P REPORT File # 35" Res. # -- �. By-Law # MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JANUARY 6, 1986 REPORT #: CD-1-86 FILE #: 35.31.5. SUBJECT: REVIEW OF PROPOSED AMENDMENTS TO SECTION 217 OF THE MUNICIPAL ACT WITH RESPECT TO BUSINESS IMPROVEMENT AREAS (B.I.A.) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Comrittee recommend to Council the following: 1 . That Report CD-1-86 be received; and 2. That the Ministry of Municipal Affairs be advised that the Town of Newcastle has no comments to make with respect to the proposed amendments. BACKGROUND AND COMMENT: The Community Renewals Branch, Ministry of Municipal Affairs, on December 5th 1985, forwarded a copy of the Report of the Committee to Review Section 217 of the Municipal Act to all municipalities for review and requested, that we make our comments if any, by January 31st 1986. (This date has now been extended to February 21st 1986) The correspondence was placed on Council 's agenda on December 16th 1985, and at that time, the following resolution was passed: . THAT the correspondence be received and that the subject correspondence be referred to staff for review and a report to the General Purpose and Administration Committee on the impact the proposed changes would have upon the Business Improvement Areas in the Town of Newcastle." Continued . . . . ./2 Report CD-1-86 - 2 - January 6, 1986 REPORT: The recommendations have been reviewed and briefly, they impact upon five subsections of Section 217. 1 . Notice of Intention; 217(2) 2. Petition Objecting to By-law; 3. Approval by O.M.B. ; 4. Special Charges; 5. Redesignation and Adding New Areas. 1. Notice of Intention Present requirements provide for notice of intention to be sent to every person occupying or using land . . . who is shown on the last revised assessment roll . . . . Recommendation: To expand the notice to include persons shown on the last roll and all supplementary assessments made to that roll. Comment: The recommendation augments the present legislation and will assist in clarifying the issue of notice to all persons. 2. Petition Objecting to By-law 217(3) Present requirements are that a petition objecting to passage of a by-law signed by at least one-third of the persons entitled to notice and representing one-third of the assessed value of the lands in the area must be received by the Clerk within two months of the mailing of the notice or Council can pass the by-law. If the Clerk receives the petition, then Council shall not pass the by-law. Recommendation:- To change two months to a specific number of days, and possibly reduce the objection period to thirty days. Comment: The recommendation to alter the objection period is valid and to remove the inconsistency in objectidn periods detailed in subsections (2) and (3) is reasonable. 3. Approval by O.M.B. 217(4) Present requirements permits the submitting of the matter to the Ontario Municipal Board where objections are received pursuant to subsection (3) . This is confusing because there are currently two different periods. Continued . . . . ./3 Report CD-1-86 - 3 - January 6, 1986 Recommendation: Reduce overall objection period to 30 days and retain the reference to the O.M.B. of all objections made under subsection (3) . Comment: Removal of the conflict between the two objection periods is appropriate. Thirty days for appeal is sufficient. 4. Special Charges 217(17)& (18) (17) This section permits Council to establish by by-law, what the minimum and maximum levy shall be in a given B.I.A. Area and levy the amount as a special charge in the area designated sufficient to provide a sum equal to the amount required by the Board of Management. (18) Permits Council to levy a special charge or higher charge upon businesses in the area who derive a special benefit from the establishment of the area. Recommendation: That the term "Special Charge" be changed to reflect the different ways the levy is calculated. A "Special Levy" could be referred to as a "Special Benefit Charge." Comment: We have not experienced any difficulty in establishing levy rates. However, redefining the definitions for each levy would be in order. 5. Redesignation and Adding New Areas 217(26) to (30) These sections deal generally with the method by which a B.I.A. is designated and/or enlarged. Recommendation: Current legislation requires that an area be redesignated by by-law and the "new" area included at that time. Also required, is the giving of notice to all businesses in the existing area and the "new" area. Anyone can object and require resolution by the O.M.B. The Committee is of the opinion, that where a matter is referred to the O.M.B. , that the issue should be limited to the merits relating to the "expansion area" rather than calling into question the existence of the original B. I.A. Continued . . . . ./4 Report CD-1-86 - 4 - January 6, 1985 As well, it is recommended that provision be made for the reduction of B. I.A. boundaries should the need arise for whatever reason. It is proposed, that the legislation be written so as to permit the expansion and/or reduction of a B. I.A. boundary through amendment of the original by-law and, by this means provide the opportunity for all persons concerned to be put on notice that only the matter referred to in the amending by-law will be subject to debate or appeal . Comment: We presently have an application to bring forward to increase the size of the Bowmanville Business Improvement Area. Clarification of this section of the Municipal Act would be of immeasureable value since we have already been advised by one of the affected property owners that he opposes the application. CONCLUSION: The proposed amendments are reasonable in that they are designed to clarify the legislation. Accordingly, it is recommended that the Ministry be advised, that the municipality agrees with the proposed amendments and has no other comments to make with respect to the report and recommendations of the Committee. Respectfully submitted, 41_�eeV3'bx__' David W. Oakes, B.A. ,A.M.C.T. ,C.M.O. , Town Clerk. DWO/ms N.B. Copies of the correspondence and the relevant section of the Municipal Act were distributed to all Members of Council on December 16th 1985.