CITY COUNCIL AGENDA REPORT

Transcription

1 CITY COUNCIL AGENDA REPORT Subject: ASSESSMENT REVIEW BOARD BYLAW AMENDMENTS Recommendation(s) 1. That Bylaw 25/2014, being Amendment 1 to Assessment Review Board Bylaw 7/2010 be read a first time. 2. That Bylaw 25/2014 be read a second time. 3. That unanimous consent be given for consideration of third reading of Bylaw 25/ That Bylaw 25/2014 be read a third and final time. Purpose of Report This report presents proposed amendments to the Assessment Review Boards Bylaw to simplify the appointment of a presiding officer for Local Assessment Review Board (LARB) hearings and to allow an ARB member to serve for a period longer than six consecutive years. Council Direction Council passed a third reading of Bylaw 7/2010 on February 16, Background and Discussion Bylaw 7/2010 was drafted shortly after the province made amendments to portions of the Municipal Government Act (MGA) regarding Assessment Review Boards, and has not been amended since. The proposed amendment would affect two areas of the Bylaw which are further described below. The first deals with the appointment of a presiding officer and the second addresses the maximum number of consecutive years that a member is permitted to serve. City Council Agenda August 25, 2014 / Page 1 File No.: 232-2

2 Presiding Officer The bylaw requires a City Member to be appointed as presiding officer of a Local Assessment Review Board (LARB) for all hearings before that Board in a calendar year. This requirement is impractical. Due to scheduling of members, in practice, LARBs have always chosen a presiding officer from among themselves for each hearing. The proposed amendment would align the bylaw to current practice. Membership Number of Consecutive Years The MGA requires ARB members to complete four days of provincially mandated training to be eligible to hear property assessment complaints. Members have demonstrated a considerable commitment of time and effort to attend the training sessions and subsequent workshops. Unfortunately, there have not been ample opportunities for some members to practice the skills that they had learned in the training sessions. Since 2010, there have only been eight residential complaints and six non-residential complaints that have proceeded to a hearing. Consequently, during that four-year period, due to member availability, scheduling and withdrawal of some complaints before the scheduled hearings occurred, there have been limited opportunities for all members to practice their skills. Of the six members currently on the roster of ARB members, experience with hearings varies considerably. Considering the above information and the cost to the City to reimburse members for their time and expenses to attend the training sessions and subsequent workshops, Administration recommends that the bylaw be amended to appoint ARB members to four-year terms (appointments would then normally only be made once in every Council term) and not specify a maximum number of consecutive years that a member is eligible to serve. While this would allow members to further develop their assessment hearing skills thereby deriving greater benefit from their training, also requiring members to apply for reappointment provides Council the ability to control the duration of individual members service and/or provide opportunities for other residents to serve on Assessment Review Boards. Stakeholder Communications or Engagement N/A Implications of Recommendation(s) a) Financial: By increasing the number of years that a member is eligible to serve on Assessment Review Boards, the City may incur lower costs associated with the training of new members. b) Legal / Risk: None at this time. City Council Agenda August 25, 2014 / Page 2 File No.: 232-2

3 c) Program or Service: Due to the infrequency of ARB hearings, it may take several years for an ARB member to fully develop their abilities. By making a member ineligible to continue serving as an ARB member for more than six consecutive years, the City is not gaining the maximum potential benefit from the member s contribution to the acquisition of training and development of their skills as an ARB member. d) Organizational: Extending the maximum potential term for members may result in a reduced need for recruitment efforts for new members. Alternatives and Implications Considered If Council does not wish to support the recommendation, the following alternatives could be considered: a) Alternative 1. Do not amend Bylaw 7/2010. This would not allow ARB members to serve long enough to maximize the development of their ARB hearing skills, which would result in the City not attaining the maximum benefit from the investment in time and training made by both the member and the City. a) Alternative 2. The proposed amendment could be amended to implement a different maximum length of potential service by an ARB member. However, Administration believes that the removal of a maximum length of consecutive years of service, but requiring members to apply for reappointments, potentially allows members sufficient opportunity to develop their skills and provide benefit to the City, while still providing Council with the ability to provide opportunities from time to time for more residents to serve their community. Strategic Connections a) Council s Strategic Outcomes and Priorities (See Policy C-CG-02) CULTIVATE EXCELLENCE IN GOVERNMENT: A responsive, accountable government that delivers value to the community. Retaining trained ARB members for longer terms could result in more proficient ARBs. b) Long Term Plans (e.g. MDP, Social Master Plan, Cultural Master Plan, etc.) N/A c) Corporate Objectives (See Corporate Business Plan) Deliver programs and services that meet or exceed our standards City Council Agenda August 25, 2014 / Page 3 File No.: 232-2

4 Exercise strong fiscal management d) Council Policies N/A e) Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.) N/A Attachment(s) 1. Bylaw 25/2014, Being Amendment 1 to Assessment Review Boards Bylaw 2. Bylaw 7/2010, Assessment Review Boards Bylaw (with proposed amendments highlighted) Originating Department(s): Author(s): General Manager Approval: City Manager Signature: Legislative Services Linda Kuprys, Legislative Officer Maya Pungur-Buick, GM, Corporate Strategic Services Date: City Council Agenda August 25, 2014 / Page 4 File No.: 232-2

5 CITY OF ST. ALBERT Attachment 1 BYLAW 25/2014 Being Amendment 1 to Assessment Review Boards Bylaw 7/2010 NOW THEREFORE the Municipal Council of the City of St. Albert, duly assembled, hereby ENACTS AS FOLLOWS: Bylaw 7/2010 is amended as follows: a. Delete subsections 5(2), 5(3) and 5(4) in their entirety and replace with the following: 5(2) The City Members of each LARB, prior to the commencement of each hearing, shall choose a presiding officer from among themselves. b. In subsection (4) of Section 6, delete three (3) and insert four (4). c. Delete subsection 6(7) in its entirety and replace with the following: A City Member may serve more than one (1) membership term but must apply for reappointment following the completion of the term of their appointment. 2. The Chief Administrative Officer is authorized to consolidate Bylaw 7/2010. READ a first time this day of READ a second time this day of READ a third time this day of SIGNED AND PASSED this day of MAYOR CHIEF LEGISLATIVE OFFICER BYLAW 25/2014 (Page 1)

6 CITY OF ST. ALBERT Attachment 2 BYLAW 7/2010 Being a Bylaw to establish Assessment Review Boards. WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, requires that Council establish assessment review boards to deal with complaints made about assessments; and WHEREAS Council wishes to establish a number of assessment review boards; and WHEREAS Council must appoint a Designated Officer to act as the Clerk of the Assessment Review Boards; NOW THEREFORE the Municipal Council of the City of St. Albert, duly assembled, hereby ENACTS AS FOLLOWS: Title 1. This Bylaw may be cited as the Assessment Review Boards Bylaw. 2. In this Bylaw: Definitions (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Act means the Municipal Government Act, R.S.A. 2000, M-26, as amended and includes all regulations applicable to assessment, assessment complaints and the conduct of hearings by assessment review boards; Boards means any two (2) or more of the Boards established pursuant to this Bylaw; City means the municipal corporation of the City of St. Albert or, where the context so requires, the area contained within the boundaries of the City; City Council means the municipal council of the City of St. Albert; City Manager means the chief administrative officer of the City of St. Albert; City Member means any member of the Boards appointed under this Bylaw; Clerk means the Clerk of the Assessment Review Boards appointed by the City Manager pursuant to this Bylaw; Composite Assessment Review Boards or CARBs means the Boards established pursuant to this Bylaw having the jurisdiction to deal with the complaints arising from the assessment of all properties other than those specifically identified as being within the jurisdiction of a LARB property and such other matters as are set out in the Act as being within the jurisdiction of a CARB; Designated Officer means a Designated Officer as defined by the Act; Local Assessment Review Boards or LARBs means the Boards established pursuant to this Bylaw having the jurisdiction to deal with the complaints arising from the assessment of residential property containing three (3) or fewer dwelling units, farmland BYLAW 7/2010 (Page 1)

7 Attachment 2 and such other matters as are set out in the Act as being within the jurisdiction of a LARB; (k) (l) (m) (n) (o) Mayor means the chief elected official of the City; Minister means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for the Act; One-member CARB means a one member Board established pursuant to this Bylaw having the jurisdiction to deal with such matters as are set out in the Act as being within the jurisdiction of a One-member CARB; One-member LARB means a one member Board established pursuant to this Bylaw having the jurisdiction to deal with such matters as are set out in the Act as being within the jurisdiction of a One-member LARB; Provincial Member means a member appointed by the Minister to sit on a CARB established pursuant to this Bylaw. Establishment of Boards 3. The following Assessment Review Boards are hereby established: (a) (b) (c) (d) Two (2) Composite Assessment Review Boards; Two (2) Local Assessment Review Boards; Four (1) One-member Composite Assessment Review Boards; and Six (1) One-member Local Assessment Review Boards. Quorum 4. (1) The quorum for a LARB is two (2) City Members. (2) The quorum for a CARB is two (2) members and must include a Provincial Member. Presiding Officer 5. (1) The Provincial Member shall be the presiding officer for a CARB. (2) The City Members of each LARB, prior to the commencement of each hearing, shall choose a presiding officer from among themselves. (2) The City Members of each LARB shall, prior to the commencement of the first hearing held before them in each calendar year, choose a presiding officer from among themselves. (3) The presiding officer so chosen will be the presiding officer for that LARB for all hearings held before that Board in that calendar year. (4) In the event that the presiding officer is unable to attend a scheduled hearing the members in attendance at that hearing shall choose a presiding officer from among themselves for the purposes of that hearing only. BYLAW 7/2010 (Page 2)

8 Membership Attachment 2 6. (1) The following individuals may not be appointed as City Members of any of the Boards established under this Bylaw: (a) (b) (c) (d) the Mayor; an assessor; an employee of the City; and an agent, being a person who, for a fee or potential fee, acts for an assessed person or taxpayer during the assessment complaint process or at a hearing before an assessment review board or the Municipal Government Board. (2) Council will, by resolution, appoint City Members as required to LARBs and CARBs when membership terms expire or as vacancies occur. (3) Notwithstanding subsection 6(2) the City Manager shall appoint the initial City Members to the LARBs and CARBs established under this Bylaw. The term of the City Members appointed by the City Manager shall expire December 31, (4) The term of membership for each City Member, appointed by Council, shall be three (3) four (4) years commencing as of January 1, of the effective year of appointment, unless otherwise specified by Council at the time of appointment. (5) In the event of a vacancy, Council may appoint a new City Member to serve the remainder of the vacating City Member s term. (6) Any City Member of any LARB or CARB may sit as a substitute for any other City Member unable to attend a scheduled hearing. (7) A City Member may serve more than one (1) membership term but must apply for reappointment following the completion of the term of their appointment unless otherwise directed by City Council shall not serve more than six (6) consecutive years. Training 7. City Members must successfully complete training, as prescribed by the Minister, prior to participating in a hearing. Decisions 8. (1) Decisions of the Boards must be rendered in writing with reasons. (2) A decision of the Boards is not final until rendered in writing. Procedures 9. (1) The provisions of Procedure Bylaw 35/2009 shall not apply to hearings of the Boards. (2) Hearings conducted by the Boards must be conducted in accordance with the express provisions of the Act. (3) Hearings before a LARB, a CARB, a One-member CARB or a One-member LARB shall be scheduled by the Clerk in accordance with the requirements of the Act. BYLAW 7/2010 (Page 3)

9 Attachment 2 Clerk of the Boards 10. (1) The position of Clerk of the Assessment Review Boards is hereby created as a Designated Officer of the City. (2) The Clerk shall not be an assessor. (3) The City Manager will, in writing, appoint an individual to the position of Clerk. The individual appointed as the Clerk must successfully complete training, as prescribed by the Minister, prior to commencing their duties as the Clerk. (4) The City Manager will establish the terms and conditions of the appointment of the Clerk. (5) The duties and responsibilities of the Clerk shall be as prescribed by the Act. (6) The Clerk may appoint an Acting Clerk to perform the duties and responsibilities of the Clerk in the Clerk s absence. The Acting Clerk shall not be an assessor. The person appointed as an Acting Clerk must successfully complete training, as prescribed by the Minister, prior to assuming the duties and responsibilities of the Clerk. Complaint Fees 11. Fees for filing complaints shall be as set out in Master Rates Bylaw 1/82, as amended. 12. Bylaw 22/95 is hereby repealed. Transition READ a first time this 16 th day of February, 2010 READ a second time this 16 th day of February, 2010 READ a third and final time this 16 th day of February, 2010 SIGNED AND PASSED this day of, MAYOR CHIEF LEGISLATIVE OFFICER BYLAW 7/2010 (Page 4)