This report recommends cancelling of the local improvement as approved by CR4/2020 and approval of a new local improvement incorporating the considerations outlined above. This would effectively restart the local improvement process, including new notices to the affected property owners and a new objection period. It remains Administration’s recommendation that the City apply to LPAT for approval to undertake this work as a local improvement.

If within thirty (30) days of the new notices with respect to the construction of sanitary sewers are given, and no objections to the work being undertaken are filed under section 8 of O. Reg. 586/06, the municipality will be deemed to have received LPAT’s approval. If any objection with the reasons in support of it is filed with the Clerk, the Clerk will forward all objections to the Tribunal, together with the application as soon as is reasonably possible for a hearing.

It should be noted that any property owner who has previously filed an objection based on CR4/2020 and wishes for their objection to remain despite the City’s efforts to mitigate objections, must submit a new objection by email, mail or in person, within the objection window prescribed under the new notice. Previous objections will not automatically be counted as the previous local improvement approved under CR4/2020 will be cancelled. Only objections received by the City clerk within the objection window will be considered at any LPAT hearing on this matter.

Extension of Repayment Terms to 20 Years

Current practice for the City’s local improvement program is to offer owners the option of paying the assessed charges in a single payment within thirty (30) days of receipt of an invoice or to add the charges to the owner’s property taxes in ten (10) equal annual installments with interest calculated at the stated Infrastructure Ontario borrowing rate + 0.5% per annum. Going forward in accordance with CR 136/2020 Administration will examine how interest rates are set to ensure it is equitable and appropriately addresses the added risk to the Corporation of the extended term.

Administration is recommending a period of ten (10) years be offered with the option to extend the period in an amount not to exceed twenty (20) years total for both the municipal mainline sanitary local improvement as well as the private local improvement in keeping with the recent council approval for this in CR136/2020 and CR138/2020.

Risk Analysis:

Local Improvement Policy

The proposed changes to 2019 Policy will result in an increased cost to the City. This will impact the number of projects that can be completed in a given year based on available funding. To manage this risk, Administration will prioritize and schedule the projects based on need and benefit versus cost.