, Region d Peel. WoltkiH-q foit qoll. REPORT Meeting Date: September 20, 2012 Committee of Revision. For Information. DATE: September 6, 2012
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1 , Region d Peel WoltkiH-q foit qoll REPORT Meeting Date: September 20, 2012 Committee of Revision For Information DATE: REPORT TITLE: BACKGROUND AND INFORMATION FOR THE COMMITTEE OF REVISION HEARING ON SEPTEMBER 20, 2012 REGARDING OBJECTIONS AND STAFF PROPOSED REVISIONS FOR LOCAL IMPROVEMENT PROJECTS , , , FROM: Dan Labrecque, Commissioner of Public Works OBJECTIVE To provide background and information on objections and staff proposed revisions for consideration at the September 20,2012 Committee of Revision Hearing. REPORT HIGHLIGHTS Appropriate process has been followed in order to initiate and execute Local Improvement projects under wastewater projects (ChurchvillelCreditview), project (Birchwood Drive), project (Gordon Drivellsabelle Ave), project (Mississauga Road) and under Attenuation Wall, project (Erin Mills Parkway). As outlined under the Municipal Act, 2001, Ontario Regulation 586/06, upon completion of the projects, in order to impose special charges and certify the local improvement rolls, a hearing is held to consider objections to the special charges and staff proposed revisions. To date, one objection has been received and there are a number of staff proposed revisions. Staff researched the objection and discussed with the property owner the details of how the assessed frontage is determined and provided details on the local improvement process. DISCUSSION 1. Background a) Local Improvement Process Prior to Imposing a Special Charge The above Local Improvement projects fall under the Municipal Act, 2001 Ontario Regulation 586/06 legislation. To summarize, the main steps involved in the Local Improvement process are: ~ Region is approached by property owner(s) regarding a possible local improvement
2 \OC\- 2- SEPTEMBER 20, 2012 REGARDING OBJECTIONS AND STAFF PROPOSED REVISIONS» Costs are estimated and a petition, prepared by the Region, is circulated by the property owner who initiates the petition to the affected property owners.» Petition includes information about the total estimated costs of the works (Regional share and Owners' share), and includes for each benefitting property the name and mailing address of the property owner, actual frontage, assessed frontage, and estimated cost of the works» Property owner then submits the circulated petition to the Region» Regional Clerk certifies petition is sufficient - at least two-thirds of the affected, non exempt properties must sign in favour» Construction of the project is then initiated upon approval of Council Report recommendations and the passing of a by-law» Once construction is certified to be substantially completed, the special charges must be imposed b) Imposing a Special Charge In order to impose a special charge, a Committee of Revision is established consisting of three or five members appointed by Council and a proposed local improvement roll is prepared. The Region sets a time and place for a hearing by the Committee of Revision (COR) whereby objections against the proposed local improvement roll and the municipality's (staff) proposed revisions to the proposed local improvement roll may be heard. Notice is given to the public of the hearing and a notice of the hearing is mailed to the owner of every lot to be specially charged. If no objections or proposed revisions are filed with the Regional Clerk, not later than seven days before the day set for the hearing, the Treasurer may certify the local improvement roll without a hearing by the Committee of Revision. If objections or proposed revisions are filed with the Regional Clerk, these matters are considered at the hearing and any decisions made by the Committee of Revision members will then be corrected in the local improvement roll. The roll is then certified by the Treasurer. The Committee of Revision may under Ontario Regulation 586/06 review the proposed local improvement roll and correct it based on the following matters: the cost of the work, the name of the owners of the lots, the frontage or other measurements of the lots, the amount of the reduction or increase made under section 16 or 17, the lots which, but for subsection 12(7) would be exempt from being specially charged, the lifetime of the work, the charge per metre frontage to be imposed on any lot, and non-abutting lots that are to be specially charged and the amount of the special charge to be imposed on those lots. A report is then presented to Regional Council along with a Special Charges by-law. Upon approval of the by-law, an invoice is sent to each property owner.
3 \'OfA SEPTEMBER 20,2012 REGARDING OBJECTIONS AND STAFF PROPOSED REVISIONS 2. September 20, 2012 Hearing a) Local Improvement Project Wastewater Local Improvement on Churchvilie/Creditview, City of Brampton, Ward 6 At the May 10, 2007 Regional Council meeting, Local Improvement Capital Project was approved to be undertaken pursuant to the Ontario Regulation 586/06 - Local Improvement Charges - Priority Lien Status of the MuniCipal Act, 2001 (Resolution ). As well, the corresponding By-law was approved on June 21,2007. The owners' portion was calculated based on a $175 cost per meter of frontage as well as a mandatory connection fee of $1,550 per lot. The owners' portion of the cost is to be collected as a special charge. To date, the following formal objection was received by the Regional Clerk within seven days prior to the September 20,2012 Hearing. Agenda Item, Name, Summary of Reason(s) for Staff Recommendation Property Information Objection 5a) Hemlata Lad Owner had no knowledge of the Receive objection. No adjustment to Mahesh Lad Local Improvement project when the local improvement roll is 8920 Creditview Rd he purchased and took possession warranted. On June 14, 2007 a letter of the property on June 21, 2007 was faxed to the purchasers' law and the property will not benefit office (Offman and Raby) to inform immediately and the current septic them of the pending local expected to be used for improvement charges. The property years. has current and future benefit to the Sanitary Sewer. Proposed Revisions by the Region of Peel Regional staff proposed revisions will be filed with the Regional Clerk on September 13, Agenda Item, Name, Reason for Revision Staff Recommendation Property Information 5b) Bremont Homes The property was originally assessed That the local improvement roll be 8439 Creditview Rd as residential property and received amended to increase the assessed a reduced frontage charge. There is frontage to the actual frontage. no longer any justification to reduce the frontage fee as the property has been subdivided. The special charge should be increased from 61 metres to metres.
4 \DC\.- 4- SEPTEMBER 20,2012 REGARDING OBJECTIONS AND STAFF PROPOSED REVISIONS Agenda Item, Name, Property Information 5c) Sequoia (Walnut Grove Ltd) Walnut Rd 5d) Eldorado Pk Amusement Corp Creditview Rd 5e) Jim Natterer I nvestments Inc 8656 Creditview Rd 5f) Jim Natterer Investments Inc Creditview Rd 5g) Region of Peel 8989 Creditview Rd 5h) Region of Peel 1501 Queen St 5i) Charmaine Yip Elizabeth Chan Creditview Rd CON 3 WHS IT ;PT 2 RP 43R18425 PARTS 2,3,4, 5j) Bhupinder Turna Amandeep Turna 8871 Creditview Rd Reason for Revision Staff Recommendation The property was originally assessed That the local improvement roll be as residential property and received amended to increase the assessed a reduced frontage charge. There is frontage to the actual frontage. no longer any justification to reduce the frontage fee as the property has been subdivided. The special charge should be increased from 61 metres to metres to 61 metres metres to 61 metres metres to metres This property is owned by the Region That the assessment roll be amended of Peel and is not subject to special to reduce the assessed frontage. assessment charges. The special charge should be reduced from metres to zero metres This property is owned by the Region That the assessment roll be amended of Peel and is not subject to special to reduce the assessed frontage. assessment charges. The special charge should be reduced from metres to zero metres The local improvement special That the local improvement roll be charge for this property includes a amended to reduce the special charge $1,550 mandatory connection charge by $1,550 which is the cost of the lateral pipe being installed from the sanitary sewer main to the property line. A lateral pipe was not installed because the property was vacant at the time the sanitary sewer main was constructed. metres to metres
5 \OlA SEPTEMBER 20, 2012 REGARDING OBJECTIONS AND STAFF PROPOSED REVISIONS Agenda Item, Name, Reason for Revision Staff Recommendation Property Information 5k) Terry Horchover Angela Horchover metres to metres b) Project Attenuation Wall, Erin Mills Parkway At the January 24, 2008 Regional Council meeting, Local Improvement Capital Project was approved to be undertaken pursuant to the Ontario Regulation Local Improvement Charges - Priority Lien Status of the Municipal Act, 2001 (Resolution ) As well, the corresponding By-law was approved on May 8, The owner's portion was calculated based on $1,400 per unit. The owners' portion of the cost is to be collected as a special charge. To date, there have been no formal objections filed with the Regional Clerk prior to the September 20,2012 Hearing. c) Project Sanitary Sewer, Birchwood Drive At the May 10, 2007, Regional Council meeting, Local Improvement Capital Project was approved to be undertaken pursuant to Ontario Regulation 586/06 - Local Improvement Charges - Priority Lien Status of the Municipal Act, 2001 (Resolution ). As well, the corresponding By-law was approved on December 16, The owners' portion was calculated based on a $600 cost per meter of frontage as well as a mandatory connection fee of $2,850 per lot. The owners' portion of the cost is to be collected as a special charge. To date, there have been no formal objections filed with the Regional Clerk prior to the September 20, 2012 Hearing. d) Project Sanitary Sewer, Gordon Drivellsabelle Ave At the September 9, 2010, Regional Council meeting, Local Improvement Capital Project was approved to be undertaken pursuant to Ontario Regulation 586/06
6 t\)(a- 6- SEPTEMBER 20, 2012 REGARDING OBJECTIONS AND STAFF PROPOSED REVISIONS - Local Improvement Charges - Priority Lien Status of the Municipal Act, 2001 (Resolution ). As well, the corresponding By-law was approved on December 16, The owners' portion was calculated based on a $600 cost per meter of frontage as well as a mandatory connection fee of $2,850 per lot. The owners' portion of the cost is to be collected as a special charge. To date, there have been no formal objections filed with the Regional Clerk prior to the September 20,2012 Hearing. e) Project Sanitary Sewer, Mississauga Road At the September 9, 2010, Regional Council meeting, Local Improvement Capital Project was approved to be undertaken pursuant to Ontario Regulation 586/06 - Local Improvement Charges - Priority Lien Status of the Municipal Act, 2001 (Resolution ). As well, the corresponding By-law was approved on December 16, The owners' portion was calculated based on a $570 cost per meter of frontage as well as a mandatory connection fee of $2,720 per lot. The owners' portion of the cost is to be collected as a special charge. There have been no formal objections filed with the Regional Clerk prior to the September 20, 2012 Hearing. FINANCIAL IMPLICATIONS Increas'es to the assessed frontages and corresponding special charges will be funded by the Owner's of the properties. The reports and corresponding by-laws will be submitted for the November 22, 2012 Regional Council Meeting. The reports will reflect a recommendation to increase the owners' share of the costs and will include information outlining the amendments. Based on all recommendations put forward by staff being approved by the COR members at the September 20, 2012 hearing, the overall increase in the owners' share of the costs will be $55,026 for Project
7 (Ot\- 7 - SEPTEMBER 20,2012 REGARDING OBJECTIONS AND STAFF PROPOSED REVISIONS /dr /111\ Dan Labrecque J"'~ Commissioner of Public Works Approved for Submission: D. Szwarc, Chief Administrative Officer For further information regarding this report, please contact Gail Hennings at extension 3052 or via atgail.hennings@peelregion.ca Authored By: Gail Hennings c. Legislative Services
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