HomeMy WebLinkAbout2003-12-02 Council Minutes•
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KNEEHILL COUNTY
2003 ASSESSMENT REVIEW BOARD — December 2, 2003
The 2003 Assessment Review Board of the municipality of Kneehill County was held at the
Kneehill County office, 232 Main Street, Three Hills Alberta on Tuesday December 2, 2003,
commencing at 9 00 A.M
The following were present
Assessment Review Board Members Carol Calhoun, Jerry Wittstock, and Murray Woods
Complainants
Saskatchewan Wheat Pool/Aggro Grain
Represented by Randall Worthington — Deloitte Touche
Respondent
Kneehill County
Represented by Frank Grills Assessor
Terry Nash, Clerk of the Court
Mr Woods then reviewed the procedure of the Assessment Review Board, including the
Order of Presentation, a copy of which was distributed to all the appellants (a copy of which
is attached and forming part of these minutes) Mr Woods advised the Board that
Assessment Notices were mailed on May 26, 2003, and the Board had until October 23
2003, to render a decision Mr Woods further advised the Board had 150 days to render a
decision from the date of mailing of any revised notices sent after May 26 2003 as specified
under the MGA Section 305 1 Ministerial Order No L 108/03 has been issued the Minister
of Municipal Affairs which grants an extension to December 22, 2003 for Kneehill County's
assessment review board to make its decision on 2003 complaints
Mr Woods reconvened the Assessment Review Board meeting from November 6"', 2003 at
9 00 A.M
It should be noted the "Order of Presentation" was followed for the appeal presentations
1 Roll #4264100 Plan 4264100 Block 1
Agpro Grain Management Services Ltd
Mr Woods outlined the hearing process and asked whether there were any preliminary
matters that needed to be dealt with9 Mr Woods asked Mr Worthington and Mr Grills if
there was any objection to the validity of the proceedings or to any of the members sitting on
the board9
Mr Worthington asked if the members of the Assessment Review Board were Councillors
for the municipality? Mr Worthington raised a concern with County Councillors as the
employers of the County Assessor hearing the appeal
Mr Woods responded that it is well within the legislation for Councillors to sit on the
Assessment Review Board They are required to make fair and impartial decisions based only
on the evidence put before the board during the hearing and would not be acting as
Councillors Mr Worthington s concern would be noted, but the hearing would proceed
BACKGROUND
High throughput grain terminals are replacing traditional grain elevators in Alberta.
Municipal Affairs procedures for Grain Terminal Assessment are unclear They encourages
assessors and industry stakeholders to `work together to determine the appropriate
breakdown based on the guidelines"
ISSUES
1 The costs for the grain elevator have been incorrectly allocated between M&E and B&S
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2003 ASSESSMENT REVIEW BOARD — December 2, 2003
90% of grain processed by the terminal is cleaned, dried if required and blended to export
standard Grain going into the terminal is something entirely different coming out A process
has taken place, therefore M&E must be part of the operation
2 The facility suffers from economic obsolescence, obsolescence that has not been
recognized in the calculation of the current assessment The elevator has a designed capacity
to handle an annual grain volume of 395 000 tonnes The actual annual average capacity over
the last two crop cycles is 38% of designed capacity Poor crops and federal regulations have
led to the shortfall in achieving the maximum thru put
3 The facility suffers from functional depreciation depreciation that has not been recognized
in the calculation of the current assessment
4 The outbuildings have been calculated incorrectly The anhydrous tank is on a skid with no
degree of affixation to the land The tank is personal property and therefore exempt from
assessment
LEGISLATION
Part 1 Standards of Assessment Regulation 289/99
Definitions
2(b) "machinery and equipment" means materials, devices, fittings installations, appliances,
apparatus and tanks other than tanks used exclusively for storage, including supporting
foundations and footings and any other thing prescribed by the Minister that forms an integral
part of an operation unit intended for or used in
(i) manufacturing
(ii) processing,
whether or not the materials, devices fittings, installations, appliances, apparatus, tanks,
foundations footings or other things are affixed to land in such a manner that they would be
transferred without special mention by a transfer or sale of the land
Valuation standard for machinery and equipment
7(1) The valuation standard for machinery and equipment is that calculated in accordance
with the procedures referred to in subsection (2)
(2) In preparing an assessment for machinery and equipment, the assessor must follow the
procedures set out in the Alberta Machinery and Equipment Assessment Ministers
Guidelines established and maintained by the Department of Municipal Affairs as amended
from time to time
Municipal Government Act
1(n) `market value" means the amount that a property as defined in 284(1)(r) might be
expected to realize if it is sold on the open market by a willing seller to a willing buyer
284 (1)(1) "machinery and equipment" has the meaning given to it in the regulations,
284 (1)(r) "property' means
(i) a parcel of land,
(u) an improvement, or
(iii) a parcel of land and the improvement to it,
284 (1)0) "improvement means
a structure
anything attached or secured to a structure, that would be transferred without special mention
by a transfer or sale of the structure,
289 (2) Each assessment must reflect
(a) the characteristics and physical condition of the property on December 31 of the year
prior to the year in which the tax is imposed under Part 10 in respect of the property, and
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2003 ASSESSMENT REVIEW BOARD — December 2, 2003
(b) the valuation standard set out in the regulations for that property
SUMMARY OF THE APPELLANTS POSITION
Requesting change of allocation between building & structures and machinery & equipment
to 10% and 90% respectively
Additional depreciation to the facility to recognize the super adequacy and economic failure
of the building
Removal of the anhydrous tank and fence.
Reduction of total assessment to 4,329 050
RESPONDENT
Mr Worthington raised an objection to the information distributed by the Assessor to the
Board at the meeting Rules and regulations require that information must be provided to the
Assessment Review Board 21 days prior to the hearing
Mr Woods delivered the Boards decision that the contents of the Assessors package of
information would not be heard
In consideration of this decision Mr Grills requested that the Board confirm the assessment
The presiding officer delivered the decision of the board to concur with the
recommendation of the assessor that there be no assessment changes to roll number
4264100
Reasons for Decision.
At the beginning of the Review Board Hearing the Assessment Review Board (ARB) was notified that
regardless of the outcome, the decision would be appealed to the Municipal Government Board (MGB) The
respondent had failed to meet a deadline for exchange of information. The ARB had to decide whether to delay
the process by recessing to allow the exchange of information or rendering a decision and allowing the appeal
to be filed. The ARB chose to render a decision including reasons and concerns to be forwarded to the MGB
The assessment for 2002 with regard to the allocation between B & S and M & E is reported to be based on
a negotiated agreement between the assessors and the owners The assessment for 2002 was used to set the
assessment for 2003 This negotiated settlement appears to have ignored the guidelines as set out by Alberta
Municipal Affairs (MA) This is troublesome to the ARB MA chose to issue guidelines which leave
much room for interpretation rather than regulations which would have given more direction to the
assessment community MA guideline suggests a split of 75% B & S and 25% M & E yet in 2002 the
assessors and the Company reached an agreement on an assessed value which ignored those guidelines
Because of the movement from the original guideline, the question remains if the 75 25 split was not
correct, what is? The ARB believes that a decision as to what a fair split between B & S and M & E is
appropriate will be based on a definition of processing Unfortunately the regulations give no
interpretation leaving assessors and ARB to interpret the word processing for themselves The ARB
considered what had changed from the traditional elevator as compared to the new facilities This ARB
would support the guidelines as set out by MA on BR90 (December 11 2000) Cleaning and drying have
been added to the high throughput from the traditional elevator These functions could in some ways be
loosely defined as processing meaning something removed from the grain. In the newer high throughput
elevators the blending function s remain the same as the traditional elevator This function does not even
loosely fit the definition of processing but rather is Grain in grain out. This indicates that the assessment of
facilities should remain the same for the high throughput elevator as it is for the traditional elevator other
than the cleaning and drying functions
The Board does not accept the argument that substantial depreciation should be applied as the facility has
not operated at capacity over the past two years There is no firm evidence that the facility was overbuilt
for what it does If the facility is in fact operating at less than capacity this could be due to many reasons
including the last three years being drought years and/or poor management of the facility The
Complainant's Agent presented evidence indicating that one facility the Complainant had owned was sold
because the Complainant had built it assuming the surrounding farmers would deliver to them. The farmers
chose to deliver elsewhere There is no proof that the same management was not applied to the Trochu
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KNEEHILL COUNTY
2003 ASSESSMENT REVIEW BOARD — December 2 2003
facility The ARB does not believe a poor business plan would be a reason for reducing an assessment
based on functional obsolescence.
3 The ARB refects the argument that the Anhydrous tank should not be assessed. MA Guideline BR90
(December 11 2000) page 3 clearly indicates all free standing warehouse structures and tanks are
to be assessed as buildings and structures
4 The issue of whether the Condo bin units should be exempt from assessment was raised at this ARB
hearing The ARB did not rule on this matter but clearly guidance is needed. MA guideline BR90
(December 11, 2000) indicates condominium storage bins are to be assessed as B & S The agent for
AgPro indicates that the condos are leased to farmers The ARB does not believe the leasing of a portion of
the storage to a farmer makes the elevator an exempt farm building any more than the leasing of a safety
deposit box to a farmer makes a Bank an exempt farm building. The ARB questions why the condo storage
bins are not assessed when by all appearances they should be
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