Hamilton continues appeal of NPCA’s levy rate increases
Hearing scheduled for first week of February
Hamilton’s two representatives on the Niagara Peninsula Conservation Authority’s board opposed the organization’s 2019 operations budget that continues to impose a levy that is double the amount to what Hamilton paid a few years ago.
James Kaspersetz, the vicechair of the authority’s board, and Stewart Beattie were the only two of the 12 board members present who voted against the budget.
“We opposed it because of the rate apportionment,” said Kaspersetz.
Hamilton’s court appeal of the Niagara Peninsula Conservation Authority’s increased rate apportionment is continuing, said city officials. The hearing has been scheduled for the week of Feb. 4, 2019. A procedural motion had been held Oct. 30.
Hamilton has requested a judicial review of the province’s Mining and Lands Commissioner’s January 2018 decision that dismissed the city’s request to maintain the city’s rate apportionment at just over $513,000 rather than over $1.16 million that was established in 2015 by the authority. Over the last three years during Hamilton’s appeal, the NPCA has been increasing the rate apportionment against the city. The 2019 rate apportionment is now at $1.4 million.
City of Hamilton officials had argued an “agreement” had been in place after the 2001 amalgamation of the city’s six municipalities, with the two surrounding municipalities of Haldimand and the Niagara Region, along
with the Niagara Peninsula Conservation Authority. Under that agreement Hamilton was allowed to pay a levy of 3.7 per cent rather than 21 per cent. Hamilton argued the assessment by the authority should be only for the watershed properties the authority has jurisdiction over, which is predominately in the rural area of Glanbrook and parts of Ancaster.
Former authority chief administrative officer Carmen D’Angelo told Hamilton councillors in 2014 he couldn’t find the agreement and determined the levy apportionment was too low and it needed to conform to the province’s Conservation Act.
The authority approved its 2019 budget Nov. 21 that established Hamilton’s rate at $1.4 million. Niagara’s rate is $7.1 million, while Haldimand County’s is $118,434.
The authority’s 2018 levy apportionment required Hamilton to pay $1.4 million, while Niagara’s rate was $6.9 million and Haldimand’s rate was $114,643.
Authority officials are scheduled to present their budget to Hamilton council in January.
Meanwhile, the authority’s board agreed to use just over $140,000 in surplus from the 2018
budget to help finance the implementation of recommendations that were contained in the Ontario auditor general’s report to improve operations at the agency. The new authority board will determine how the money will be spent.
The NPCA in its 2019 budget is spending $375,000 at the Binbrook Conservation Authority, which will include a new entrance area at $30,000; another $150,000 to prepare Binbrook to host the new Treetop Trekking operations (approved by the authority and Hamilton’s councillors in the summer); $95,000 to increase Binbrook’s parking area; and $70,000 for a new tractor.
“I’m pleased to see the amount of money through our regular levy contributing directly to Binbrook,” said Tony Quirk, a regional councillor from Grimsby and the board’s budget chair. “With Treetop Trekking, there is a need for some enhancements.”
The authority is spending more than $1.5 million in new capital funding that includes money for Binbrook, $8,000 for new coin-operated washers and dryers for Chippawa Conservation Area, and $7,500 for new signs for Jordan Harbour.