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3. Establishment of the committee of
revision for Capital Projects undertaken as local improvements CRÉATION DU COMITÉ DE RÉVISION DES PROJETS D’IMMOBILISATIONS ENTREPRIS
À TITRE D’AMÉLIORATIONS LOCALES |
Committee
RecommendationS
That
Council:
1. Approve establishing a Local Improvement Committee of Revision as a stand-alone committee of three (3) with the Terms of Reference contained in Document 2 and in accordance to Ontario Regulation 586/06 under Municipal Act 2001 for capital projects undertaken by the City of Ottawa as Local Improvements.
2.
Appoint Committee Members as follows for the term of Council ending in
2010:
o
Transportation Committee - Marianne Wilkinson
o
Planning and Environment Committee - Shad Qadri
o
Agriculture and Rural Affairs Committee - Eli
El-Chantiry
RecommandationS
du comité
Que le
Conseil :
1.
Approuve la
formation, en tant que comité autonome, d’un comité de révision des projets
d’amélioration locale comprenant trois membres et dont les attributions sont
décrites dans le Document 2, conformément au Règlement de l’Ontario 586/06 de
la Loi de 2001
sur les municipalités qui porte sur les
projets d’immobilisations entrepris par la Ville d’Ottawa à titre
d’améliorations locales.
2.
Nomme des
membres des comités suivants pour le mandat du Conseil qui se termine en
2010 :
o
Comité des
transports – Marianne Wilkinson
o
Comité de
l’urbanisme et de l’environnement – Shad Qadri
o
Comité de
l’agriculture et des affaires rurales – Eli El-Chantiry
Documentation
1. Deputy
City Manager, Public Works and Services’ report
dated 18 August 2008 (ACS2008-PWS-INF-0004).
2. Extract of Draft Minutes, 2
September 2008.
Report to/Rapport au:
Corporate
Services Economic Development Committee
Comité des services organisationnels et du développement économique
18 August 2008 / le 18 août
2008
Submitted by/Soumis par: R.G. Hewitt,
Deputy City Manager/
Directeur municipal adjoint,
Public Works and Services/Services et Travaux Publics
Contact Person/Personne ressource :
W.R. Newell, P.Eng., Director/ Directeur
Infrastructure
Services/ Services d'infrastructure
(613)
580-2424 x16002, Wayne.Newell@ottawa.ca
SUBJECT: Establishment of the committee of revision
for Capital Projects undertaken as local improvements
OBJET: CRÉATION DU COMITÉ DE
RÉVISION DES PROJETS D’IMMOBILISATIONS ENTREPRIS À TITRE D’AMÉLIORATIONS
LOCALES
REPORT
RECOMMENDATIONS
That
the Corporate Services and Economic Development Committee recommend Council:
1. Approve establishing a Local Improvement Committee of Revision as a stand-alone committee of three (3) with the Terms of Reference contained in Document 2 and in accordance to Ontario Regulation 586/06 under Municipal Act 2001 for capital projects undertaken by the City of Ottawa as Local Improvements.
2. Appoint Committee Members as follows
for the term of Council ending in 2010:
o Transportation
Committee - Marianne Wilkinson
o Planning
and Environment Committee - Shad Qadri
o Agriculture
and Rural Affairs Committee - Eli El-Chantiry
RECOMMANDATIONS DU RAPPORT
Que le
Comité des services organisationnels et du développement économique recommande
que le Conseil :
1. Approuve la formation, en tant que
comité autonome, d’un comité de révision des projets d’amélioration locale
comprenant trois membres et dont les attributions sont décrites dans le
Document 2, conformément au Règlement de l’Ontario 586/06 de la Loi de 2001 sur
les municipalités qui porte sur les
projets d’immobilisations entrepris par la Ville d’Ottawa à titre
d’améliorations locales.
2. Nomme des membres des comités suivants
pour le mandat du Conseil qui se termine en 2010 :
o
Comité des
transports – Marianne Wilkinson
o
Comité de
l’urbanisme et de l’environnement – Shad Qadri
o
Comité de
l’agriculture et des affaires rurales – Eli El-Chantiry
BACKGROUND
At its meeting of 10 May 2006, Council endorsed a
Local Improvement Policy (ACS2006-PWS-INF-00001). The policy addresses the procedural requirement for the
undertaking of works as a Local Improvement including the Committee of Revision
to finalize the special assessments and levy the charges to recover costs for
the improvements. A fact sheet explaining Local Improvement process is included
in Attachment 1.
Municipalities in Ontario
are enabled by Provincial legislation to undertake works as a Local Improvement
and assess the cost to the properties that derive benefit from the works. Under the legislation, a municipality
initially pays the cost of an improvement work and then recovers the required
funding from the benefiting properties via the tax assessment roll
mechanism. The charge to property
owners is based on final actual costs. Provincial legislation requires that
passage of a by-law to impose the final charges to owners cannot proceed
without the owners being provided notice of the intent to create the special
charge, its value and a venue through the Committee of Revision to request
consideration of review of the amount of their share of the cost.
This report requests that a Committee of Revision be established as required by the Provincial legislation.
DISCUSSION
Legislative Authority
Local Improvements are regulated by different
legislations depending on the time of implementation. Projects initiated before
31 March 2003 are governed by the provisions of the Local Improvement Act,
R.S.O. 1990; projects initiated between March 31, 2003 and
December 31, 2006 are governed by Ontario Regulation 119/03 and projects
initiated after 31 December 2006 are governed by Ontario
Regulation 586/06 under the Municipal Act, 2001.
Regardless of the enabling legislation, all state the need for the
Committee of Revision. The Statutory Powers
Procedure Act, R.S.O. 1990 also applies and defines the procedural
requirements of the Committee of Revision.
Proposed Committee of
Revision
Ontario regulation 586/06
sets out that the Committee of Revision consists of three (3) or five (5)
members appointed by Council and that members of the committee be a person
qualified to be elected as a member of Council. The Department, in consultation with the Clerk’s and Legal
branches, recommends the establishment of a Local Improvement Committee of
Revision comprised of three (3) members with one (1) representative from the
Planning and Environment Committee, the Transportation Committee and the
Agriculture and Rural Affairs Committee.
In March 2008, the
Department requested the chair of each applicable committee designate a
representative. The following members have been identified:
o Transportation Committee - Marianne Wilkinson
o Planning and Environment Committee - Shad Qadri
o Agriculture and Rural Affairs-Eli El-Chantiry
The Department is
recommending the committee members select a chair to be fixed for the duration
of the term of Council.
Meetings of the Local
Improvement Committee of Revision will typically be held annually as demand
dictates but should be convened no longer than a year after any particular
local improvement project has been completed and the works commissioned for
service. Dealing with the current
backlog of outstanding projects may require several meetings in the first
several years.
Generic terms of reference
for the Committee of Revision are included as Document 2.
Process in Advance of the Local Improvement Committee of Revision
Local Improvement charges
are established based on the approved City policy and in accordance Municipal
Act regulations. The charge is based on
the property’s frontage abutting the work with provisions for adjustment to the
physical dimensions of the property so that the amount charged is on a just and
equitable basis as compared with the other properties, considering the
situation, value and area of the property.
The majority of concerns
associated with Local Improvements are related to cost allocations. Common issues involve a desire to not pay or
to pay later, to a view of a special circumstance with respect to the lot and
the quantum of the charge, to disagreement with the rate to be charged or
disagreement with the adjustment frontage and magnitude of the charge
resulting.
It is important to note that
before a project reaches the Committee of Revision it has progressed through
consultation and approval stages that provide an opportunity for property
owners and the City to address these issues.
Before a local improvement petition is submitted to the City, these
opportunities are inherent as part of the local improvement petition process
(defined as part of the City’s policy) during which timeframe, the City
provides owners with detailed costs, explanations of the regulations and
cost-sharing through information sessions.
In addition, once a petition has been submitted to the City and is
deemed as meeting the sufficiency criteria defined in the regulations, a report
is brought to the applicable Standing Committee and Council for approval to
proceed with the project at which time costs, cost-sharing and issues are
identified and explained as part of the Committee report process. At that time, Committee and Council are
provided with the project details and the rate to be charged. This process establishes the City’s share of
the cost of the work and the non-City (private property owners’ share).
It is the department’s
intent to target that a minimum of thirty days notice be provided (to the
extent possible) to benefiting property owners prior to the Committee of
Revision meeting date. Staff will
prepare a Local Improvement Report (engineer’s report) that will form the basis
for preparation of the special assessment roll and documentation to the Committee
of Revision. The Local Improvement
Report will include a description of the works, cost apportionment, City and
non-City share of the estimated project costs, the reductions and adjustments
as presented at the petition stage and a summary of changes as a result of
final project costs.
The Local Improvement Report
(engineer’s report), final statement of cost and local improvement roll will be
made available to the public prior to the Committee meeting. through the Clerk’
s office. Any person who owns a lot to
be specially charged may object to a special charge by filing an objection,
setting out the objection and the reasons in support of it, with the Clerk no
later than seven days before the day set for the Committee of Revision meeting.
Function of the Local Improvement Committee of Revision
The Committee of Revision’s
primary role is to review objections that have been filed, if any, and ensure
decisions are appropriate. The
Committee of Revision does not fulfill a project or budget approval role, as
this is addressed through standing committee and Council approval. The Committee’s purpose is to hear concerns
related to the Local Improvement special charges relative to regulations,
policy, practice and the approach used by staff.
Prior to the date for the
Committee of Revision, members will be provided with the information package
delivered to residents as part of the petition process, Committee reports and
minutes for Council approval of the work, the Local Improvement Report and
certified statement of cost, the Local Improvement Roll, all filed objections
and City’s response to the objections.
The Committee of Revision
has the power to identify corrections of errors in the preparation of the Local
Improvement roll, with appropriate notice add properties to be charged if it
appears that any property that has not been identified to be charged should be
or reduce any special charge for the current year and the remaining years after
the certification of the local improvement roll if it is found to be incorrect
by reason of any gross or manifest error.
Outstanding Local Improvements
A number of capital projects
have been or are in the process of being completed as Local Improvements since
2002. The costs of the projects
need to be assessed to the benefiting properties. With the establishment of the
Committee of Revision, the City will be able to finalize the assessment
process.
CONSULTATION
Establishment of the Committee of
Revision for local improvements is an administrative requirement of Municipal
Act provisions and does not require public consultation. Staff in City Clerk’s Branch, Legal
Services and Financial Services has reviewed this report and its
recommendations. Chairpersons for
Transportation, Planning and Environment, and Agriculture and Rural Affairs
committees were consulted and have canvassed their membership with respect to
the Local Improvement Committee members.
Once established, the process of
levying outstanding Local Improvement charges can proceed and property owners
subject to a charge will be notified of their pertinent Committee of Revision
meeting date in advance of the notification period required by
legislation. This will allow any issues
to be addressed prior to the committee hearing that are related to ownership or
property changes that have occurred since the project’s approval.
FINANCIAL IMPLICATIONS
The establishment of the
Committee of Revision itself will have no financial impact to the City of
Ottawa. However, the Committee of
Revision will allow the City to recover funds that it has already advanced for
Local Improvement projects.
SUPPORTING DOCUMENTATION
Document 1 – Local Improvement Fact Sheet
Document 2 – Terms of Reference for the Local
Improvement Committee of Revision
DISPOSITION
1) Public Works and Services Department:
§
Infrastructure Management Division,
Infrastructure Services Branch
o Submit a request for a Local
Improvement Committee of Revision meeting in the month of January or August, as
needed in any given year.
o
Manage
the public notification of the confirmed Local Improvement Committee of
Revision meeting hearing date and act as the primary contact for the public
during the notification period
o Prepare the final statement of costs and initial local improvement roll
o Certify final statement of costs with Treasurer
o Provide a Local Improvement Report, a statement of costs and a local improvement roll to the Clerk and Financial Services
o Provide documentation in respect of filed objections
o Attend Local Improvement Committee of Revision meetings
o Adjust local improvement roll to reflect committee decisions
o Prepare report to CSEDC to impose final charge
2) City Manager’s Office:
§
Council
and Committee Services Division, City Clerk’s Branch
o
Manage
receipt of Engineer’s document submission, filed objections and distribution of
documents to committee members
o
Manage
and document proceedings during committee hearings
o
Notify
in writing all affected property owners of the Local Improvement Committee of
Revision decisions
o
Generate
committee meeting minutes
§ Legal Services Branch
o
Provide
operating procedures for the Committee of Revision
o
Provide
input during committee hearings, as needed
§
Revenue
Division, Financial Services Branch
o
Identify
revisions to assessment rolls in preparation for Local Improvement Committee of
Revision
§
Treasury
Division, Financial Services Branch
o
Confirm
Local Improvement charge amounts in preparation for assessment roll revisions
Document 1 - Local
Improvement Fact Sheet
Document 2 -
Terms of Reference for the Local Improvement Committee of Revision
Terms of Reference for the Local Improvement Committee of
Revision
Purpose
The Local Improvement Committee of Revision (LICR) is a group of three (3) to five (5) members that does not fulfill a project or budget approval role, and as such it is not a standing committee of Council. The LICR ensures that property owners who have had an impending Local Improvement charge identified to be specially assessed against their property have the opportunity to present concerns relating to the information contained in the Local Improvement assessment roll as for their property in advance of the roll and associated charge being formally set through the adoption of the special assessment tax roll by City Council via bylaw. The LICR has the ability to make administrative corrections to the special assessment roll for a Local Improvement before the tax roll is adopted. Support for the LICR is provided by City staff from Public Works and Services, Legal Services, Financial Services and the Clerks Office, as required.
Objectives
The objectives of the Local Improvement Committee of
Revision are to:
§
Provide
a public venue for hearing concerns related to the implementation on the tax
roll of local improvements in accordance with Regulation 586/06
§
Provide
final decisions on whether or not to adopt revisions to a proposed Local
Improvement special assessment tax roll
Role of LICR Members
During the course of a sitting of the committee, the
LICR will review the correctness of a Local Improvement special assessment tax
roll prepared by staff. The review will
be based on either filed objections from the owners of property affected by a
Local Improvement or corrections proposed by staff, as they relate to details
of the special tax roll. The review
will be completed with a view to ensuring consistent city-wide decisions in
considering requests for changes to the roll.
The LICR will make decisions with respect to changes to a Local Improvement special assessment tax roll in advance of formally adopting the special tax roll; all such decisions are final, with no opportunity for appeal.
In reference to this mandate, the LICR membership has the power to identify and authorize changes, or corrections of errors, to the documented Local Improvement special assessment tax roll, only with respect of:
1)
cost
of the work as stated in the certificate of final costs
2)
names
of the owners of lots
3)
frontage
or other measurements of lots
4)
amount
of the reduction or increase proposed by staff for any lot
5)
lots
exempt from being specially charged
6)
lifetime
of the work
7)
charge
per metre of frontage to be imposed proposed by staff
8)
if
all or part of the cost is to be charged on lots that do not abut on the work,
i)
the
non-abutting lots that are to be specially charged, and
ii)
the
amount of the special charge to be imposed on them.
9)
with
notice, add lots to be charged if it appears that any lot that has not been
identified to be charged, but should be
10)
reduce
any special charge for the current year and the remaining years after the
certification of the local improvement roll if it is found to be incorrect by
reason of any gross or manifest error
In performing their duties, LICR members will:
§
review
information from staff and members of the public, as necessary, in advance of
and during a LICR meeting
§
attend
and participate in LICR meetings
§
consider
city-wide impacts when making decisions on changes to a Local Improvement
special assessment tax roll
Committee
Membership
§
City
Council will appoint members to the LICR
§
To
ensure a balanced membership in terms of geographic location and governance so
that members have a general knowledge of the issues associated with the most
common types of infrastructure subject to a Local Improvement, the committee membership
will consist of three (3) members representing the following Standing
Committees of Council:
o Transportation Committee –
one (1) member
o Planning and Environment
Committee – three (1) member
o Agricultural and Rural
Affairs Committee – one (1) member
§
The
LICR members will appoint the committee chair from amongst their membership
§
The
committee chair will be fixed for the duration of the term of Council
Procedures
§
The
LICR is established and regulated by Ontario Regulation 586/06 under the
Municipal Act, 2001 and will be in compliance with Statutory Powers Procedure
Act, R.S.O. 1990
§
The
LICR will meet as demand dictates, but not longer than a year after the
construction of the infrastructure subject to a Local Improvement.
§
City
staff will notify the committee chair when a LICR meeting will be needed for a
Local Improvement and a meeting date will be set in consultation with the
chair.
§
The
LICR will be provided with the following information from staff in advance of
the meeting:
1)
the
information package delivered to residents as part of petitioned work
2)
Standing
Committee reports and minutes for Council approval of the work
3)
the
Engineer’s Report and certified statement of cost
4)
the
Local Improvement Roll
5)
all
filed objections
6)
the
City’s response to all objections
§
Meeting
minutes will be documented by the Clerk’s office
§
The
LICR Chair will address LICR interests at Council meetings, if and when
required.
§
A
quorum will consist of three (3) committee members, as per the governing Local
Improvement legislation, Ontario Regulation 586/06
§
The
general public and those individuals having an objection related to a Local
Improvement may attend LICR meetings.
§
The
LICR will receive support from City staff in Public Works and Services, Legal
Services, Financial Services and the Clerks Office, who may present information
to the LICR on matters related to the Local Improvement process in general, a
particular Local Improvement project, or specific properties.
§
Inquiries
regarding the matters related to a LICR meeting should be directed to the
Infrastructure Management Division in the Public Works and Services Department.