FINANCE AND ADMINISTRATIVE COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner, Development Services

Andy Taylor, Commissioner, Corporate Services

 

 

 

 

PREPARED BY:

Mark Visser, Manager of Strategy, Innovation & Investments

 

 

 

 

DATE OF MEETING:

2004-Jun-28

 

 

 

 

SUBJECT:

Financial Impacts of Bill 124 to the Town of Markham

 

 

 


 

RECOMMENDATION

 

THAT the report dated June 28, 2004 entitled “Financial Impacts of Bill 124 to the Town of Markham” be received for information.

 

PURPOSE

 

To inform Council of the estimated financial impact of Bill 124 to the Town of Markham.

 

OVERVIEW

 

The “Building Code Statute Law Amendment Act” (Bill 124) is the Province’s response to an extensive review of the building regulatory system in Ontario.  It stipulates that “The total amount of fees authorized under clause (1)(c) must not exceed the anticipated reasonable costs of the principal authority to administer and enforce this Act in its area of jurisdiction”.  In other words, a municipality should be charging what it costs to provide the service.

 

The most appropriate way to accurately track revenue and expenses within a given area is to establish an Enterprise Fund department in which all of its funding is derived from the services it renders.

 

By definition, an Enterprise Fund means:

 

A fund established to finance and account for the acquisition, operation, and maintenance of governmental facilities and services which are entirely or predominantly self-supporting by user charges; or where the governing body of the governmental unit has decided that periodic determination of revenues earned, expenses incurred, and/or net income is appropriate. Government owned utilities and hospitals are ordinarily accounted for by enterprise funds.

 

The Town currently uses the Enterprise Fund approach for Waterworks.  Whether or not the Town of Markham adopts this approach for Bill 124, the underlying principles of the Enterprise Fund will be applied to the Building Department for the purposes of this report.  These principles are synonymous with full costing or activity based costing.

 

BACKGROUND

 

Over the past 3 years, the Building Department has collected an average of $10.2 million in revenues on an annual basis, with the revenue figures being on a slight decline.  Direct costs to the department are increasing and are averaging $3.2 million over the same period.  While these numbers give the impression that the Town is charging approximately three times the amount it costs to provide the service, this is not the case.  In order to determine the actual costs to run the Building Department, a financial model was developed to allocate indirect costs to the Building Department based on a set of objective criteria (headcount, office space, estimated actual usage, etc.).  This model has most recently been updated with 2003 actuals.

 

FINANCIAL CONSIDERATIONS:

 

In 2003, the Building Department earned $9.9 million in revenues.  Total direct departmental expenses totaled $3.6 million, representing a reported surplus of $6.2 million.  However, there are numerous departments and activities through the Town that support the Building department operations, including, but not limited to, Finance, ITS, Human Resources, and Legal.  Based on cost allocation model, the additional costs to the Town of providing the Building Department services in 2003 was $1.8 million.  Once these costs are added to the direct operating costs, the 2003 surplus is reduced to $4.4 million. 

 

 

Building

 

$

Revenues (2003 Actual)

9,865,943

 

 

Less: Direct Departmental Expenses

3,616,415

Less: Indirect Operating Costs

1,834,400

Less: Capital Costs

58,493

 

5,509,308

 

 

Surplus/(Deficit)

4,356,635

 

 

 

This surplus will be necessary in the first few years to build up Reserves for items such as Future Obligations (both on services to be performed and future staff obligations such as post-retirement benefits and vacation pay), Contingencies, Revenue Stabilization, and Transformational Costs (in order to increase service levels).  While the funding of these reserves is still not finalized, it is important to note that the approximate $4.4 million dollar annual surplus from Building operations will no longer be available to balance the Town’s operating budget.

 

The same approach was then applied to Planning & Design and Engineering.  In the past, it has been the case that municipalities have end-loaded costs to builders in the Building permit fees at the expense of Planning, Design, and Engineering fees.  As a result, Engineering and Planning & Design have historically operated at a significant loss to the Town.  Applying the same cost allocation model to these areas in 2003, Planning & Design and Engineering ran at deficits of $2.5 million and $2.0 million, respectively, for a $4.6 million total deficit.  The deficit in these two departments is very similar to the surplus that the Building Department generates.

 

 

Planning&Design

Engineering

 

$

$

Revenues (2003 Actual)

2,139,040

1,442,259

 

 

 

Less: Direct Departmental Expenses

3,225,566

2,352,275

Less: Indirect Operating Costs

1,435,315

1,096,922

Less: Capital Costs

15,154

23,951

 

4,676,036

3,473,148

 

 

 

Surplus/(Deficit)

(2,536,996)

(2,030,889)

 

 

 

In order to achieve full cost recovery in Planning & Design and Engineering, fee increases are necessary.  The following table illustrates that if fees are indeed to be adjusted to attain full cost recovery in these three Development Services business units, Bill 124 would not have a negative impact on the net tax rate.

 

 

Building

Planning&Design

Engineering

 

Total

 

 

 

 

 

 

Surplus/(Deficit)

$4,356,635

($2,536,996)

($2,030,889)

 

($211,249)

 

 

 

 

 

 

Increase/(Decrease) in Fees to achieve Full Cost Recovery

-44%

119%

141%

 

2%

 

It is important to note that these fee adjustments do not need to be implemented immediately and can be phased in over several years.  As well, periodic fee adjustments would be necessary to modify service levels and manage reserve balances.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

 

Various Business Units throughout the Town were consulted in this process in order to obtain input on usage patterns for the Development Services Departments.

 

 

 

 

 

 

Jim Baird,

Commissioner of Development Services

 

Andy Taylor,

Commissioner of Corporate Services

 

Q:\Finance and Administration\Finance\SHARED\2004 Finance_Admin Cttee Reports\0458 Financial Impact of Bill 124 to the Town of Markham June 28 04.doc