Program: Legal Services Program Based Budget 2014-2016 Page 83
Program: Legal Services Vision Statement: A centre of expertise providing exceptional in-house legal and real estate services to the town. Mission Statement: The Legal Services Program is dedicated to providing expert and strategic legal and real estate services, professional advice, and time-sensitive support to Council and staff to ensure compliance with the law and protect and advance the interests of the town. Program Description The Legal Services program provides a full range of professional services and advice to Council and to all departments of the municipal corporation in the fields of municipal and planning law and real estate transactions to facilitate legally supportable decisions and actions, and manage risks to the municipality. Program Services The Legal Services program provides the following services to the town: Legal Services Realty Services Corporate Hearings and Litigation Staffing Overview 2012 2013 2014 2014 2014 2014 Net Approved Approved Capital Service Reallocation Total Change Services/Activities: FTE FTE Impact Level Change of Staff FTE 2014 vs 2013 Legal Services 7.6 7.4 7.4 0.0 Realty Services 1.0 1.0 1.0 0.0 Corporate Hearings & Litigation 0.0 0.0 0.0 0.0 Total 8.6 8.4 0.0 0.0 0.0 8.4 0.0 Page 84
Program Services Budget Overview 2013 Restated 2014 Requested Gross Net Gross Net Change Change Services/Activities: Budget Budget Budget Budget 2014 vs 2013 2014 vs 2013 (%) Legal Services 1,224,200 1,218,700 1,253,600 1,248,100 29,400 2.4% Realty Services 584,400 21,600 597,300 17,700 (3,900) (18.1%) Corporate Hearings & Litigation 750,000 750,000 500,000 500,000 (250,000) (33.3%) Total 2,558,600 1,990,300 2,350,900 1,765,800 (224,500) (11.3%) The 2014 the Legal Services program has been decreased by $224,500 or 11.3%. The budget decrease is primarily due to a $250,000 budget efficiency reduction in legal fees for Corporate Litigation. The current balance in the Litigation reserve is $2.5 million, which is sufficient to cover any large corporate hearing and litigation expenses above the $500,000 included in the budget. In addition, Realty Services has increased rental revenue for town owned rental properties to correspond with projected rental income. Level of Services Offered Net Net Services provided by Oakville are consistent with standard municipal practice. The effectiveness and efficiency of these services is reviewed through the town s performance-based, program based budgeting process. Key Objectives (Initiatives) for 2014 2016 The following initiatives will be undertaken over 2014-2016 to help meet Council s strategic objective to continuously improve our programs and services: The Legal Department will develop and participate in strategic processes that ensure strong and coordinated responses that serve to protect and advance the town s interests in hearings and litigation, and position the municipality to maximum advantage to achieve successful outcomes through resolution and consensus, where appropriate. The Legal Department will provide considered and knowledgeable advice and opinions that maximize the opportunity for Council and town staff to successfully protect and advance the interests of the municipality and its citizens. The Legal Department will investigate opportunities and, where appropriate, recommend and implement acquisitions and dispositions of land that will assist the municipality in achieving its strategic objectives. Page 85
2014 Program Budget Drivers 2013 2014 2014 2014 $ % Restated Base Capital Requested Change Change Budget Budget Impact Budget From 2013 From 2013 Expenses: Personnel Services & Benefits 1,224,900 1,237,200 0 1,237,200 12,300 1.0% Materials & Supplies 25,600 43,100 0 43,100 17,500 68.4% Capital out of Operations 0 0 0 0 0 0.0% Purchased Services 908,400 696,900 0 696,900 (211,500) (23.3%) Payments & Grants 105,700 93,900 0 93,900 (11,800) (11.2%) Internal Expenses & Transfers 294,000 279,800 0 279,800 (14,200) (4.8%) Total Expenses 2,558,600 2,350,900 0 2,350,900 (207,700) (8.1%) Revenues: External Revenues 568,300 585,100 0 585,100 16,800 3.0% Internal Recovery & Fund Trsfs 0 0 0 0 0 0.0% Total Revenues 568,300 585,100 0 585,100 16,800 3.0% Tax Levy 1,990,300 1,765,800 0 1,765,800 (224,500) (11.3%) In 2014, the Legal Services program has decreased $224,500 or 11.3%. The main drivers for this decrease are the following: Personnel Services and Benefits have increased by $12,300 due to inflationary increases for salaries and benefits. Material & Supplies have increased $17,500 due to increased cost of legal resources, books and periodicals to reflect 5 year trends. Purchased Services has decreased $211,200 due to a $250,000 budget efficiency reduction in legal fees for Corporate Litigation and Hearings, which are partially offset with increased repairs and maintenance costs for town owned rental properties. Payments and Grants have decreased $11,800 due to realignment of taxes for town owned properties. Internal Expenses & Transfers have decreased $14,200 primarily due to a reduction in the transfer to General Capital Reserve for the net revenues received from Trafalgar Square. External Revenues has increased $16,800 to reflect projected rental income of town owned properties. Page 86
2015-2016 Expenditure Summary 2014 2015 2014-2015 2016 2015-2016 Requested Forecast Change Forecast Change Budget Base Budget (%) Base Budget (%) Gross Expenditures Legal Services Legal Services 1,253,600 1,285,600 2.6% 1,319,200 2.6% Realty Services 597,300 602,800 0.9% 608,300 0.9% Corporate Hearings & Litigation 500,000 500,000 0.0% 500,000 0.0% Total Gross Expenditures 2,350,900 2,388,400 1.6% 2,427,500 1.6% Tax Levy Legal Services Legal Services 1,248,100 1,280,100 2.6% 1,313,700 2.6% Realty Services 17,700 23,200 31.1% 28,700 23.7% Corporate Hearings & Litigation 500,000 500,000 0.0% 500,000 0.0% Total Tax Levy 1,765,800 1,803,300 2.1% 1,842,400 2.2% Gross Expenditures By Type Personnel Services & Benefits 1,237,200 1,273,500 2.9% 1,309,100 2.8% Materials & Supplies 43,100 43,800 1.6% 44,200 0.9% Purchased Services 696,900 697,400 0.1% 700,400 0.4% Internal Charges 500 500 0.0% 500 0.0% Other Expenditures 93,900 93,900 0.0% 94,000 0.1% Minor Capital & Transfer to Reserves 279,300 279,300 0.0% 279,300 0.0% Total Expenditures 2,350,900 2,388,400 1.6% 2,427,500 1.6% Revenues By Type Activity Revenue 585,100 585,100 0.0% 585,100 0.0% Internal Recoveries 0 0 0.0% 0 0.0% Grants 0 0 0.0% 0 0.0% Other Revenue 0 0 0.0% 0 0.0% Total Revenues 585,100 585,100 0.0% 585,100 0.0% Tax Levy 1,765,800 1,803,300 2.1% 1,842,400 2.2% Page 87
Service: Legal Services Mission Legal Services provides legal advice and services to Council and town departments to ensure strategic objectives, decisions, and municipal operations and programs are achieved in accordance with applicable law. Major Responsibilities Provide timely and considered advice, direction and responses to legal inquiries. Ensure the town s interests are represented and protected in judicial, administrative, and quasi-judicial proceedings, including settlement negotiations. Conduct real estate transactions on behalf of the town, investigate title, and register instruments to convey or acquire interests in land and enforce financial or other obligations. Strategic Priorities (Initiatives) The Legal Department will participate in the streamlining of court and prosecution processes to enhance the efficient and effective enforcement of town by-laws. The Legal Department will investigate additional opportunities and, where appropriate, recommend approval and implementation of delegation of minor approvals and administrative legal matters to the town solicitor and other town staff. Key Outcomes The Legal Department continues to be active in protecting and advancing the town s interests in support of a number of significant files and initiatives, including the new zoning by-law, a comprehensive development agreement for the new hospital, a new development charges bylaw, a new standard subdivision agreement, the Linbrook School site, the White Oaks Secondary School North Campus development, revised federal medical marijuana regulations, the Shores development, sign and other by-law revisions, and various negotiations and agreements, including with Oakville Hydro, Antoinettes Gymnastics Club, and the BIAs. The Legal Department has maintained a successful partnership with Parking Operations, with the Town Prosecutor applying his expertise in enforcement issues as First Attendance Facilitator at Town Hall for parking infractions and Early Resolution Officer for Part 1 Provincial Offences Act infractions. Page 88
2014 2016 Operating Budget Summary 2013 2014 2014 2014 $ % 2015 2016 Restated Base Capital Requested Change Change Forecast Forecast Budget Budget Impact Budget from 2013 from 2013 Budget Budget Expenses: Personnel Services & Benefits 1,094,200 1,104,000 0 1,104,000 9,800 0.9% 1,135,800 1,167,000 Materials & Supplies 22,900 36,000 0 36,000 13,100 57.2% 36,000 36,400 Purchased Services 101,100 107,600 0 107,600 6,500 6.4% 107,800 109,700 Internal Charges 500 500 0 500 0 0.0% 500 500 Other Expenditures 5,500 5,500 0 5,500 0 0.0% 5,500 5,600 Minor Capital & Transfer to Reserves 0 0 0 0 0 0.0% 0 0 Total Expenses 1,224,200 1,253,600 0 1,253,600 29,400 2.4% 1,285,600 1,319,200 Revenues: Activity Revenue 5,500 5,500 0 5,500 0 0.0% 5,500 5,500 Internal Recoveries 0 0 0 0 0 0.0% 0 0 Grants 0 0 0 0 0 0.0% 0 0 Other Revenue 0 0 0 0 0 0.0% 0 0 Total Revenues 5,500 5,500 0 5,500 0 0.0% 5,500 5,500 Tax Levy 1,218,700 1,248,100 0 1,248,100 29,400 2.4% 1,280,100 1,313,700 Tax Levy By Activity Legal Services 1,218,700 1,248,100 0 1,248,100 29,400 2.4% 1,280,100 1,313,700 Tax Levy 1,218,700 1,248,100 0 1,248,100 29,400 2.4% 1,280,100 1,313,700 2014 Key Budget Drivers Personnel Services & Benefits reflect inflationary increases. Materials & Supplies increased $13,100 to reflect 5 year trends for cost of legal resources, books and periodicals. Purchased Services has increased $6,500 for legal fees, partially mitigated through reduced professional fees. 2015-2016 Budget Forecast Highlights Budgets reflect inflationary increases only. Page 89
Service: Realty Services Mission Realty Services manages the town s portfolio of freehold and leasehold properties, negotiates real estate transactions, and provides advice regarding land valuation and calculations for cash in lieu of parkland entitlements. Major Responsibilities Assist in identifying town land requirements and negotiate acquisitions and dispositions. Manage and maintain town leasehold properties and negotiate lease terms. Ensure properties are appraised, acquired and sold at fair market value and in accordance with legislative requirements. Assist in maximizing town parkland entitlements under the Planning Act. Strategic Priorities (Initiatives) Realty Services will actively monitor the real estate market and make timely and considered recommendations as opportunities arise for strategic land acquisitions and dispositions by the town. Realty Services will assist in investigating opportunities to negotiate and, where possible, structure leasehold and licensing arrangements to ensure that users of town properties are not susceptible to unexpected property tax liabilities. Realty Services will assist in reviewing and formulating recommendations regarding the town s policies and requirements in connection with the calculation and collection of cash-in-lieu of parkland dedication. Key Outcomes Realty Services completed a number of key acquisitions, licences and leases to meet the program needs and service requests of the town, including a number of land exchanges, road widenings, and service easements. Realty Services was instrumental in negotiating a number of agreements, including the acquisition of properties for the realigned Ford Drive/North Service Road/QEW interchange, the joint Fire/EMS site in Bronte, and a new Bronte Harbour Yacht Club lease. Realty Services has been successful in ensuring that the leasehold properties it manages are self-supporting. Page 90
2014 2016 Operating Budget Summary 2013 2014 2014 2014 $ % 2015 2016 Restated Base Capital Requested Change Change Forecast Forecast Budget Budget Impact Budget from 2013 from 2013 Budget Budget Expenses: Personnel Services & Benefits 130,700 133,200 0 133,200 2,500 1.9% 137,700 142,100 Materials & Supplies 2,700 7,100 0 7,100 4,400 163.0% 7,800 7,800 Purchased Services 57,300 89,300 0 89,300 32,000 55.8% 89,600 90,700 Internal Charges 1,300 0 0 0 (1,300) (100.0%) 0 0 Other Expenditures 100,200 88,400 0 88,400 (11,800) (11.8%) 88,400 88,400 Minor Capital & Transfer to Reserves 292,200 279,300 0 279,300 (12,900) (4.4%) 279,300 279,300 Total Expenses 584,400 597,300 0 597,300 12,900 2.2% 602,800 608,300 Revenues: Activity Revenue 562,800 579,600 0 579,600 16,800 3.0% 579,600 579,600 Internal Recoveries 0 0 0 0 0 0.0% 0 0 Grants 0 0 0 0 0 0.0% 0 0 Other Revenue 0 0 0 0 0 0.0% 0 0 Total Revenues 562,800 579,600 0 579,600 16,800 3.0% 579,600 579,600 Tax Levy 21,600 17,700 0 17,700 (3,900) (18.1%) 23,200 28,700 Tax Levy By Activity Realty Services 21,600 17,700 0 17,700 (3,900) (18.1%) 23,200 28,700 Tax Levy 21,600 17,700 0 17,700 (3,900) (18.1%) 23,200 28,700 2014 Key Budget Drivers Personnel Services & Benefits reflect inflationary changes. Materials & Supplies has increased $4,400 for utilities of town owned rental properties. Purchased Services has increased $32,000 for repairs and maintenance of town owned rental properties which is partially mitigated through rental revenues received. Other Expenditures have decreased $11,800 due to a realignment of property taxes for town owned properties. Minor Capital & Transfer to Reserves has decreased $12,900 due to a reduction to the General Capital Reserve to reflect the net revenues received from Trafalgar Square. Trafalgar Square revenues have been transferred to the reserve to help offset the town s share of future Midtown capital works. 2015-2016 Budget Forecast Highlights Budgets reflect inflationary changes only. Page 91
Service: Corporate Hearings and Litigation Mission The Corporate Hearings and Litigation service provided by the Legal Department ensures that the town s interests and corporate position as determined by Council are effectively protected and advanced before the courts and tribunals, such as the Ontario Municipal Board and the Conservation Review Board. Major Responsibilities Ensure that the town s interests are represented and advanced through the strategic and efficient deployment of internal and external resources and expertise, effective advocacy, and settlement negotiations and resolution through consensus where appropriate. Strategic Priorities (Initiatives) The Legal Department will continue to advance the town's position in respect of a number of corporate litigation files continuing through 2014, including participation in Regional Official Plan appeals, minor variance and zoning issues, including the new zoning by-law, Dunpar Developments appeals, King s Christian Collegiate appeals, Imperial Oil litigation, 3521 Regional Road 25 encroachments, and heritage issues, including 474 Lakeshore Rd East and 88 and 86 Park Avenue. Key Outcomes The Corporate Hearings and Litigation service of the Legal Department included activity in a number of contentious matters, including the Fernbrook challenge to the stable neighbourhood policies of the Livable Oakville Plan, resolution of Minto Communities appeal of the town s planning fees, and the withdrawal of a number of North Oakville related appeals outstanding since 2005. Page 92
2014 2016 Operating Budget Summary 2013 2014 2014 2014 $ % 2015 2016 Restated Base Capital Requested Change Change Forecast Forecast Budget Budget Impact Budget from 2013 from 2013 Budget Budget Expenses: Personnel Services & Benefits 0 0 0 0 0 0.0% 0 0 Materials & Supplies 0 0 0 0 0 0.0% 0 0 Purchased Services 750,000 500,000 0 500,000 (250,000) (33.3%) 500,000 500,000 Internal Charges 0 0 0 0 0 0.0% 0 0 Other Expenditures 0 0 0 0 0 0.0% 0 0 Minor Capital & Transfer to Reserves 0 0 0 0 0 0.0% 0 0 Total Expenses 750,000 500,000 0 500,000 (250,000) (33.3%) 500,000 500,000 Revenues: Activity Revenue 0 0 0 0 0 0.0% 0 0 Internal Recoveries 0 0 0 0 0 0.0% 0 0 Grants 0 0 0 0 0 0.0% 0 0 Other Revenue 0 0 0 0 0 0.0% 0 0 Total Revenues 0 0 0 0 0 0.0% 0 0 Tax Levy 750,000 500,000 0 500,000 (250,000) (33.3%) 500,000 500,000 Tax Levy By Activity Corporate Hearings & Litigation 750,000 500,000 0 500,000 (250,000) (33.3%) 500,000 500,000 Tax Levy 750,000 500,000 0 500,000 (250,000) (33.3%) 500,000 500,000 2014 Key Budget Drivers Purchased Services have been decreased by $250,000 to reflect a reduction in legal fees for Corporate Litigation. Any large hearing and litigation expenditures above the $500,000 can be funded from the Litigation reserve which currently has a balance of $2.5 million. 2015-2016 Budget Forecast Highlights No changes to budgets. Page 93
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