by Richard Gleeson
Northern News Services

For refund: Dick Peplow, Jo MacQuarrie, Merlyn Williams
Against refund: Trevor Kasteel, Vi Beck, Blake Lyons, Dave Lovell
Absent: John Dalton, Ruth Spence

Mayor Dave Lovell (left) cast the tie-breaking vote, upholding a committee recommendation that Tom and Doreen Mah be denied a refund of the money they overpaid in property taxes the last two years.

Councillors voting in favour of refunding the overpayment said the city should pay for its mistakes.

"I think the city has a responsibility to ensure assessments are accurate," said Jo MacQuarrie. "I don't think its mistakes should be a burden to the taxpayers."

A 1995 assessment of the Mahs' property included the lot behind their Bromley Drive home.

In a lease agreement with the city, the Mahs were to pay taxes on only a small portion of the property, upon which their propane tank sat.

The property was incorrectly assessed again the following year, but the Mahs didn't notice the mistake until late last year, well after the 45-day deadline for assessment appeals.

Council does not have the authority to refund taxes, but can grant the money back. They have done so only once.

Both the Mayor and aldermen Trevor Kasteel pointed out the deadline cuts both ways.

"If the mistake is in the city's favor, we don't pay," noted Lovell. "If the mistake is in the resident's favor we don't collect."

Lovell said he had overpaid taxes for more than 20 years. Vi Beck said she overpaid for four years. Both said they have no intention of getting the money back.

"We are bound by past practice and we are bound by law," said Blake Lyons. "If we provide (a refund) for one, we have to provide it for all."

Dick Peplow said the city should be more flexible.

"I think we should consider a request (for repayment) when it's reasonable...and I think this is reasonable."

Finance director Joe Kronstal said the city took over assessment from the Department of Municipal and Community Affairs (MACA) in 1994 in an attempt to reduce the number of incorrect assessments.

The errors on both Lovell's and Beck's assessments were made by MACA.

The Mahs had no comment on the matter.