CITY CLERK

  Clause embodied in Report No. 4 of the Scarborough Community Council, as adopted by the Council of the City of Toronto at its meeting held on May 13 and 14, 1998.

  9

Churchill Heights Baptist Church - Waiver of Fees

Ward 18 - Scarborough Malvern

 (City Council on May 13 and 14, 1998, struck out and referred this clause back to Scarborough Community Council for further consideration.)

 The Scarborough Community Council recommends that Council waive the building permit fee ($37,042.80) for the Churchill Heights Baptist Church Expansion Program.

 The Scarborough Community Council reports, for the information of Council, having been advised by the Senior Counsel, Legal Services, Scarborough, that Recommendation No. (2) contained in the following report was improperly before the Community Council, since the Procedure By-law has not delegated authority to the Community Councils to discuss Development Charges. In accordance with this advice, the Community Council makes recommendation only with respect to Recommendation No. (1) in the following report.

 The Scarborough Community Council submits the following report (April 22, 1998) from the Executive Director, Building Division:

 Purpose:

 To report on the request of Mr. Douglas B. Robertson, on behalf of the Churchill Heights Baptist Church, to waive the building permit fee and development charges relative to the church building expansion program, permit application No. 98-00579.

 Funding Sources, Financial Implications and Impact Statement:

 Initial Estimates:

 (1)Building Permit Fees$37,042.80

 (2)Development Charges$13,483.28 (CITY)

$ 6,241.57 (SPUC)

 Recommendation:

 It is recommended that:

(1)the fees for the building permit be collected according to the Building Permit By-law and not be waived; and

 (2)development charges be collected as per the existing development charge by-laws and policy in Scarborough.

 Discussion:

 This request by the Churchill Heights Baptist Church needs to be considered on its individual merits with due regard to past practices and policies related to the granting of exemptions for the payment of fees.

 Fees for building permits are charged on the basis of plan review and inspection services rendered according to rates set out in the Building Permit By-law. Even during the period of the Economic Action Plan, building permit fees for churches continued to apply in Scarborough.

 With the creation of a new City of Toronto, the legislation carried forward all applicable by-laws from the previous local municipalities. The development charge by-laws provide for collection of these levies from non-residential development, and Scarborough Council did not include churches or church-related development when it adopted the "Going to BAT for Business" program in June 1997.

 In Scarborough, save for a brief period in 1997, development charges have been consistently collected for non-residential development. Last year, Scarborough Council considered, and waived development charges and building permit fees on a case-by-case basis for three church-related developments. Subsequent to this, it adopted a policy in regard to waiver of development charges under very specific circumstances which expired on December 31, 1997.

 Conclusions:

 1998 has been treated as a transition year where existing practices and by-laws will continue to apply, irrespective of the differences across municipalities, until new policies are put in place which address the differences in almost every aspect of municipal service. At this time, it would be inappropriate to modify existing by-laws on a piece-meal basis.

 Contact Name:

 Bernie E. Roth, P.Eng., Director/CBO, Scarborough District

396-7660

396-4266 (fax)

  Mr. Douglas B. Robertson, Co-chairperson, Churchill Heights Building Task Force, appeared before the Community Council in connection with the foregoing matter.