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HomeMy WebLinkAboutCOR-20-017 - Regional Council Composition Review - Ratification of Regional Council's ResolutionREPORT TO: Committee of the Whole DATE OF MEETING:October 26, 2020 SUBMITTED BY: Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 PREPARED BY:Christine Tarling, Director of Legislated Services/City Clerk, 519-741- 2200, ext. 7809 WARD (S) INVOLVED:All DATE OF REPORT:October 21, 2020 REPORT NO.:COR-20-017 SUBJECT:REGIONAL COUNCIL COMPOSITION REVIEW – RATIFICATION OF REGIONAL COUNCIL’S RESOLUTION __________________________________________________________________________________________ RECOMMENDATION: That thecurrent composition of Regional Council, being a 16 Member Council consisting of 1 Regional Chair, 7 Mayors, 2 Cambridge Councillors, 4 Kitchener Councillors, and 2 Waterloo Councillors in accordance with Section 218 (6) of the Municipal Act as outlined in the Region of Waterloo report PDL-CAS-20-11, dated October 14, 2020, be approved; and further, That staff be directed to notify the Regional Clerk of the Region of Waterlooaccordingly before November 15, 2020. BACKGROUND: th Correspondence dated June 25,2020, was received from the Region of Waterloo (the Region) concerning Regional Council Composition – Review Options and Consultation Process(PDL- CAS-20-05).Both the correspondence and PDL-CAS-20-05 were circulated to the area municipalities seeking input on the options related to the composition of Regional Council, and then subsequentlycirculated to Kitchener City Council (Council) and the Corporate Leadership Team (CLT) on June 29, 2020. Staff report COR-20-008 (staff’sreport) was brought forward to the August 24, 2020 Council meeting to consider PDL-CAS-20-05,and then, due to time constraints, deferred to the August 31, 2020 Special Council meeting. On August 31, 2020, Council considered staff’sreportwhich provided information about the Regional Council Composition Review including the four (4) options considered by Regional Councilas well as the rationale for their chosen option. Staff’s reportalso outlined alternative options not advanced in the Region’s reportalong withthe pros and cons of each. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 On August 31, 2020, Council deferred a decision until October 5, 2020 to allow the Region time to completepublic engagement. Council further requestedtheRegion to consider the Double Direct Elect Representation model for Regional Councilas part of their review and consultation process. Since staff had not received any communication from the Region for the October 5, 2020Council meeting, staff elected to wait until such correspondence had been received to bring this before Council.As such, further correspondence dated October 14, 2020(Appendix ‘A’), was received from the Region concerning Regional Council Composition Review – Selection of Final Option (PDL-CAS-20-11– Appendix ‘B’). This correspondence and PDL-CAS-20-11 were subsequently circulated to Kitchener City Council and CLT on October 15, 2020. As per the Region’s request, this report has been brought forward totheCommittee of the Whole this dateto pass a resolution consenting to the current composition of Regional Council for the purpose of the fulfilling the triple majority as outlined in PDL-CAS-20-11. Regional Councilhas requested Council to pass a resolution before November 15, 2020 since final confirmation will be done by Regional Council on November 25, 2020. REPORT: The Region, being an upper tier municipality, is required under the Municipal Actto conduct a Council Composition Review before the end of 2020.The Region is required to pass a resolution to maintain the status quo or pass a by-law to change the size of Regional Council by the end of 2020.This by-law or resolution must be endorsed by a triple majority, being: a majority of the votes on Regional Council; supportive resolutions from a majority of the Councils of the area municipalities; and the area municipalities that have passed resolutions consenting to the by-law, or the resolution, must represent a majority of the electors in the Region. If the triple majority is not obtained, the Municipal Actallows the Minister of Municipal Affairs & Housing to change the composition of Regional Council through the adoption of a regulation. Provincial legislation requires that the composition of Regional Council be reviewed again following the 2026 election. To commence the composition review process, the Region hired a consultant to work with Regional staff and four (4)options were developed for inclusion in the public consultation processvia an online public survey as well asa public input meeting that was held on September 30, 2020. Area municipalities were also consulted for input. Council requested that the Region include the Double Direct Elect Representation model as an alternative option for Regional Council composition as part of the public consultation processbut whilePDL-CAS-20-11 acknowledgesCouncil’s request, there is no indication this alternative model was actually advanced during that consultation process. 2 - 2 Regional Council now needs to declare its intention to affirm the current composition or to approve a by-law adopting a change to the composition of Council.To that end, the area municipal councils have been asked to pass resolutions endorsing the option selected by Regional Council for the purposes of obtaining the triple majority. If asufficient number of area municipalities endorse the option selected by Regional Council, Regional Council will be able to pass the final resolution or by-law on November 25, 2020. The Cities of Cambridge and Waterloo, and the Townships of Wellesley, Wilmot, and Woolwich have preliminarily indicated their support for the option selected by Regional Councilwith the City of Kitchener and the Township of North Dumfries indicating a preference for the Double Direct Elect model. According to the Region, a triple majority will be obtained if support from the Cities of Cambridge and Waterloo, and the Townships ofWellesley, Wilmot, and Woolwich is sustained as these five municipalities are a majority of the area municipalities and represent a majority of the voters in the Region(see Table 1 below). Table 1: Municipality Number of Voters Cambridge85,731 Kitchener148,584 North Dumfries7,742 Waterloo72,598 Wellesley7,895 Wilmot17,623 Woolwich17,482 Region357,655 Majority178,828 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no implications on the 2020 or 2021 Operating Budget for the City of Kitchener in the consideration of this Report. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. CONSULT – The Region’s consultation process included a public input meeting of the Administration and Finance Committee on September 30, 2020as well as a public engagement survey and input from the area municipalities. 2 - 3 ATTACHMENTS: respondence received from the Region of Waterloo dated October 14, 2020. 1.Cor 2.Region of Waterloo staff report PDL-CAS-20-11: Regional Council Composition Review –Selection of Final Option. ACKNOWLEDGED BY: Dan Chapman, Chief Administrative Officer 2 - 4 October 14, 2020 C01-00 Local Area Municipal Clerks Dear Clerk’s Office: Re: PDL-CAS-20-11, Regional Council Composition Review – Selection of Final Option Please find attacheda copy of the staff report relating to this resolution.As previously outlined in correspondence dated June 25, 2020, this is being sent to you fora response from your Council. A triple majority will be required from the area municipalities for thisrecommended option from Regional Council. Theresponse from your municipality is required no later than November 15, 2020. Final confirmation will be done by Regional Council on November 25, 2020. a)That the Region of Waterloo declares its intention to pass a resolution to affirm the current composition of Regional Council being a 16 Member Council consisting of 1 Regional Chair, 7 Mayors, 2 Cambridge Councillors, 4 Kitchener Councillors, and 2 Waterloo Councillors in accordance with Section 218 (6) of the Municipal Act on November 25, 2020; and b)That the area municipal Councils be requested to pass a resolution consenting to current composition of Regional Council for the purposes of the fulfilling the triple majority as outlined in report PDL-CAS-20-11, dated October 14, 2020. If you have any questions please contact Lee Ann Wetzel, Manager, Council & Admin Services/Deputy Clerk, lwetzel@regionofwaterloo.caor519-575-4410. Please forward any writtenresponses to this letter to Kris Fletcher, Director, Council & Administrative Services/Regional Clerk. 3416230…/2 2 - 5 Regards, Kris Fletcher, Director, Council & Admin Services/Regional Clerk KF/tp Attached: Report PDL-CAS-20-11, Regional Council Composition Review – Selection of Final Option cc: L. Wetzel, Manager, Council & Admin Services/Deputy Clerk T.Brubacher, Council/Committee Support Specialist 3416230 2 - 6 Report:PDL-CAS-20-11 Region of Waterloo Planning, Development and Legislative Services Council and Administrative Services To: Regional Council Meeting Date:October 14, 2020 Report Title: Regional Council Composition Review – Selection of Final Option 1.Recommendation: a)That the Region of Waterloo declares its intention to pass a resolutionto affirm the current composition of Regional Council being a 16 Member Council consisting of 1 Regional Chair, 7 Mayors, 2 Cambridge Councillors, 4 Kitchener Councillors, and 2 Waterloo Councillors in accordance with Section 218 (6) of the Municipal Act on November 25, 2020; and b)That the area municipal Councilsbe requested to pass a resolution consenting to current composition of Regional Council for the purposes of the fulfilling the triple majorityasoutlined in report PDL-CAS-20-11, dated October 14, 2020. 2.Purpose/ Issue: This report is to provide Council with an opportunity to declare its intention to either pass a by-law changing the composition of Regional Council or pass a resolution affirming the status quo. 3.Key Considerations: a)Legislation requires a review of the composition of Regional Council The Municipal Act requires the Region to review the number of Members of Council that represent each area municipality after every second election. The Act does not require the Region to review the method of selecting Members of Council and, due tothe time constraints caused by the provincial review of regional governments, this was not considered in this review. b)Input from the public Council should consider feedback from the public when determining which option to select. In anEngage Waterloo Region survey, Option 1 was the most frequently selected first choice. A public input meeting was held on September 30, 2020. One 3410145Page 1 of 4 2 - 7 October 14, 2020Report: PDL-CAS-20-11 delegation appeared at the meeting in support of Option 1. c)Input from the area municipalities The four options were sentto the area municipalities for their input. The Cities of Cambridge and Waterloo and the Townships of Wellesley, Wilmot, and Woolwich supported Option 1. The City of Kitchener and Township of North Dumfries endorsed double direct elected representation asan alternative model for the Regional Council composition. d)Triple majority support is required The by-law or resolution must be endorsed by a triple majority, being: a majority of the votes on Regional Council; supportive resolutions from a majority of the Councils of the area municipalities; and, the area municipalities that have passed resolutions consenting to the by-law or the resolution must represent a majority of the electors in the Region. e)Risk of provincial intervention if the triple majority is not obtained To ensure that the composition of Regional Council is a locally made decision, it is necessary to obtain triple majority support for an option. If the triple majority is not obtained, the Municipal Act allows the Minister to change the composition of Regional Council through a regulation. 4.Background: The Region is required to conduct a Council composition review by the end of 2020. Staff worked with a consultant, Dr. Robert Williams, on the four options for public consideration: Option 1- the status quo (16 Members of Council - 1 Regional Chair, 7 Mayors, 2 Cambridge Councillors, 4 Kitchener Councillors, 2 Waterloo Councillors) Option 2 - one Regional Councillor per 25,000 residents in an area municipality (24 Members of Council - 1 Regional Chair, 7 Mayors, 5 Cambridge Councillors, 9 Kitchener Councillors, 5 Waterloo Councillors) Option 3 - an overall target of 30,000 residents per Regional Councillor for all of Regional Council (20 Members of Council - 1 Regional Chair, 7 Mayors, 4 Cambridge Councillors, 7 Kitchener Councillors, 4 Waterloo Councillors) Option 4 - a system of Combined Urban and Rural Representatives (19 Members of Council - 1 Regional Chair, 7 Mayors, 3 Cambridge/North Dumfries Councillors, 5 Kitchener/Wilmot Councillors, 3 Waterloo/Wellesley/Woolwich 3410145Page 2 of 4 2 - 8 October 14, 2020Report: PDL-CAS-20-11 Councillors) Dr. Williams is in support of the current recommendation and has advised on the process throughout. 5.Area Municipality Communicationand Public/StakeholderEngagement: Area Municipality Communication: Copies of the reports on the Regional Council Composition were provided to the area municipalities throughout the process. Correspondence was received from each area municipality regarding the four options. Public/Stakeholder Engagement: A public survey was available on Engage Waterloo Region from June 25 – August 15, th with 379 responses receivedand a public input meeting was held on September 30. As notedabove, Option 1 was supported most often by the public. Strategic Plan: The proposed review of council composition aligns with Focus Area 5 of the Strategic Plan – Responsive and Engaging Public Service and Strategic Imperative, Balance of Rural and Urban Communities. 6.Financial Implications: In 2019, the average cost of a directly-elected councillor was approximately $66,000. This amount accounts for salary, benefits, mileage, communications expenses, and conferences. It does not account for additional staff that would be required to support the additional councillors or physical modifications to offices that would be required for any new councillors. 7.Conclusion / Next Steps: Council now needs to declare its intention to affirm the current composition or to approve a by-law adopting a change to the composition of Council. The area municipal councils will be asked to pass resolutions endorsing the option selected by Regional Councilfor the purposes of obtaining the triple majority. If sufficient area municipalities endorse the option selected by Council, Council will be able to pass the final resolution or by-law on November 25,2020. Staff are recommending that Council declare its intention to pass a resolution in support of the current composition. Option 1 has received preliminary support from the Cities of Cambridge and Waterloo and the Townships of Wellesley, Wilmot, and Woolwich. These five municipalities are a majority of the area municipalities and represent a majority of the voters in the Region. 3410145Page 3 of 4 2 - 9 October 14, 2020Report: PDL-CAS-20-11 8.Attachments / Links: Nil. Prepared By:Tim Brubacher, Council/Committee Support Specialist Lee Ann Wetzel, Deputy Clerk/Manager, Council and Administrative Services Approved By:Kris Fletcher, Director Council & Administrative Services/Regional Clerk Rod Regier, Commissioner, Planning, Development and Legislative Services 3410145Page 4 of 4 2 - 10