Hubert W. Hogle

245 John Street

NAPANEE, Ontario

K7R 1R8

(613) 532-3672

e-mail: hogles2@yahoo.ca

 

March 4, 2015

 

Mayor and Members of Council

Town of Greater Napanee

Napanee ON K7R 3L4

 

Dear Mayor and Members of Council:

 

RE: TAX POLICY

 

Council is to discuss tax policy on March 10 and I would ask for no more than 5 minutes of your time. Most of what I want to say is here.

 

I understand that a large contingent of rural ratepayers have been recruited to attend.

 

Over the last 6 months I have talked to some of the councillors and numerous members of the public on both sides of the urban-rural issue. What has struck me most is the degree of public misunderstanding about tax policy.

 

In particular, there is one matter that is poorly understood. Most rural ratepayers seem to think that if area rating were completely removed they would pay 32% more in taxes.

 

I know that this is simply not true. I believe the number to be about one quarter of that.

 

For one thing, area rating applies only to the Town portion of taxes which makes up about 40% of rural tax bills.  County and Education are not area rated. And, for every additional dollar raised in one region a dollar less is raised in the other. So the effect on each region is about one half of the differential.

 

I was astounded to learn that the precise calculation has never been done and the data to do it is not published. On March 2, I asked the Treasurer to calculate the actual number and provide it to council for March 10 or provide me with the data so I could do it myself.

 

How did we get here?

I believe that amalgamation has led to many efficiencies and improved services all around. However, unfortunately, 17 years later, old rivalries and grievances still persist and I believe they are a distraction from the important jobs that council must perform.

 

Shortly after amalgamation, rural residents claimed that their taxes had gone up. On one occasion, they circled Town Hall during a crucial vote. Perhaps their taxes did go up - the claim was never verified - but, to preserve a fragile union, a concession was made. For 15 years, Napanee has had a tax system which is unique in Ontario.  Urban taxpayers pay an extra 32% for something that has never been identified and for which the cost has never been determined. Even the exact boundary line between the two regions is now being questioned.

 

No effort was made to justify the line drawn on the map then or now. Although the line generally followed the water-sewer area, the additional tax was not designated for water-sewer service, a fact that has given rise to a lot of confusion over the years.

 

And no one now remembers how the arbitrary number of 34% (now 32%) was arrived at.

 

Napanee's situation is unique.

A few municipalities have area rating for a specified service in a specified area where the cost of that service has been determined. A typical example is Loyalist Township which has just a 2% levy on Amherstview ratepayers for transit.

 

There is a reason why the other municipalities do what Loyalist Township does. Sections 307 and 326 of the Municipal Act requires that municipalities impose the same mill rate across the whole municipality except for very specific cases where a special service is provided in a clearly defined area and at a cost that has been determined.

 

Other municipalities comply with Provincial law. Napanee doesn't.

 

Even our County does not have area rating although most of it's services are centred in Town.

 

For as long Canada has existed property taxes have been based on mill rate times assessment. Assessments are set by MPAC, a provincial agency.

 

I would argue that much of the rural fury should be directed at MPAC.

 

To say MPAC is less than perfect is an understatement. In 2006, the Ombudsman investigated and found many shortcomings. But, MPAC does at least have an appeal process to correct errors and I suggest that it is not council's job to try to second guess either MPAC or the Assessment Review Court.

 

No one likes paying taxes. But, the tired argument that rural taxpayers receive less value for their tax dollars is full of holes. Residents of urban Napanee already pay all capital and operating expenses of the water-sewer system separate from taxes. And while urban Napanee has certain services such as sidewalks and street lighting which are not available elsewhere, these services are one of many factors that MPAC uses to establish assessed value and urban taxpayers already pay for these benefits through increased assessment.

 

The level of policing on the north side of Vanluven Road is no different than on the south side. And if the police arrest an impaired driver in front of my house, it benefits all residents not just me, to get this danger off the highways. Rural residents claim they are more law-abiding than urban. I wouldn't dare to challenge this proposition but I know that when a "call for service" comes from a rural address it takes the police more time to service it.

 

All of us drive on both urban and rural roads on a regular basis. Rural roads, which have lower traffic counts, are not maintained to the same standard as urban but there are far more miles to maintain per capita.

 

This is a debate that could go on for ever. And, it will unless our tax policy is brought into compliance with s. 326 of the Municipal Act.

 

Another study?

If council is determined to area rate any service or services, I suggest that the services must, of necessity, be ones that start and stop at some defined line on a map (eg sidewalks, street lighting, transit, water, sewer). This is in fact what other municipalities do. If council decides to venture down that road, I believe that council itself should select the list of services to be reviewed (the previous list having been rejected for very good reasons). This will require multiple lines on a map, one for each service.

 

The calculations should be done by a qualified consultant. A secret process will satisfy no one and only ensure that the squabble continues and perhaps intensifies. I suggest that a publicly available data-set, filtered to remove any privacy concerns, should be given to a qualified consultant who is asked to determine (a) the marginal cost of delivering each of those services in the defined area for each service, and (b) what percentage of those costs are already recognized by user fees and the assessment process. An opportunity should be given to the public to challenge the completeness and accuracy of the data-set and the methodology for its review. When this is obtained a decision should be made and a by-law passed to bring our tax policy into compliance with s.326 of The Municipal Act, 2001.

 

I must add that I suspect that if council ventures down this road, any differential in the costing of services in each region will be minor.  I think it far preferable to just bite the bullet and phase out area rating over the next 4 years, saving perhaps $50,000 in consultants fees and huge amounts of staff time to assemble the data. I believe that the effect on either region of simply phasing out area rating over 4 years would be less than 2% per year.

 

It's time to put this behind us.

The 1998 amalgamation was supposed to have led to savings, consolidation of services, disposal of surplus properties, and improved service to all. In many ways it has. But to a great extent, Greater Napanee has failed to achieve the savings that could have been obtained. The reason is quite simple. 17 years after amalgamation, council still finds itself working at cross purposes. Protection of regional interests and personal rivalries have distracted from the important job of governing for the good of all.  In my view this will continue as long as we have the urban-rural divide.

 

I will give two examples of money that has been wasted which can be directly attributed to the urban-rural divide:

 

1.   After amalgamation, many services were consolidated and many properties were clearly surplus. However few have been sold because each councillor feels driven to protect "their" property. Millions of dollars have been lost which could have been used more productively elsewhere.

 

2.   Nearly a million dollars has been wasted by the zealous protection of the $3.68 million left from the sale of the Napanee Hydro assets (earning less than 1%) which could have been applied 12 years ago on the arena mortgage, recently renewed at 3.15%. 17 years after amalgamation, urban councillors still regard this as "their" money and refuse to allow it to be used to pay for a building that happens to sit in old Richmond Township.

 

I have many more examples. I expect that the rural ratepayers who will fill the hall on March 10 will too. Today I cannot get a haircut without hearing a series of gripes about spiralling taxes. The gripes originate in both regions.

 

I know the mayor hears these too. We use the same barber.

 

The system designed in 2000 was supposed to smooth over regional grievances in an earlier era. However, it has now ended up where council is called on to function in a system which creates two classes of people and pits neighbour against neighbour and region against region.

 

For the good of all, it's time it was ended.

 

Thank you for reading this. I would be more than happy to answer any questions at the meeting or after.

 

Yours very truly,

 

Hubert Hogle