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HomeMy WebLinkAboutCRPS-10-031 - Amendment - Question on 2010 Ballot REPORT REPORT TO: Mayor C. Zehr and Members of Council DATE OF MEETING: March 8, 2010 SUBMITTED BY: R. Gosse, Director of Legislated Services/City Clerk PREPARED BY: R. Gosse ext. 2801 WARD(S) INVOLVED: n/a DATE OF REPORT: March 2, 2010 REPORT NO.: CRPS-10-031 SUBJECT: AMENDMENT - QUESTION ON THE 2010 BALLOT RECOMMENDATION: That the resolution of Council adopted on January 18, 2010 regarding a request of the Minister of Municipal Affairs and Housing to place a question on the 2010 municipal election ballot be amended by deleting the proposed question and replacing it with the following: “Do you support the members of Kitchener and Waterloo Councils engaging in discussions about the advantages and disadvantages of merging the Cities of Kitchener and Waterloo? Yes or No.” BACKGROUND: The Municipal Elections Act permits a municipal council to pass a by-law to have a question placed on a ballot that is within the council’s jurisdiction and is not a matter of provincial interest as described in the regulations to the Act. The regulations specifically state that municipal restructuring (includes amalgamation), including the consideration, investigation, discussion and negotiation of municipal restructuring is a matter of provincial interest and cannot be placed on a ballot by a municipal council. However, the Minister of Municipal Affairs and Housing can make an order requiring the clerk to place a question on the ballot. REPORT: On January 11, 2010, a delegation appeared before the Finance and Corporate Services committee proposing that a motion be voted on requesting the Minister of Municipal Affairs and Housing to make an order to have a question placed on the 2010 municipal election ballot. On January 18, 2010, Council adopted the recommendation of the committee to make the request of the Minister to place the following question on the 2010 ballot: “Would you support members of council engaging in a dialogue about the merits of merging the cities of Kitchener and Waterloo? Yes or No.” Although the motion was adopted, the request to the Minister has not made pending the outcome from Waterloo council on the same proposed motion. On January 25, 2010, council for the City of Waterloo dealt with the proposed motion however, the motion was defeated. On February 22, 2010, Waterloo council dealt with and adopted, a revised motion which included the following re-worded question: “Do you support the members of Kitchener and Waterloo Councils engaging in discussions about the advantages and disadvantages of merging the Cities of Kitchener and Waterloo? Yes or No.” At this time, correspondence to the Minister regarding council’s resolution needs to be sent in order facilitate the time it will take the Minister to render his decision on the matter and meet the st deadline of June 1 for the Minister to make the order, if that is his decision. The City could th submit the question as adopted on January 11, however, in order to mitigate any confusion and to simplify the process, it is being recommended that council amend the resolution by re- wording the question so that it is the same as the question being submitted by the City of Waterloo. In staff’s opinion, the change in wording does not alter the intent of the original motion adopted by council yet it will eliminate any questions raised by the Minister’s office as to why there are different questions. FINANCIAL IMPLICATIONS: n/a COMMUNICATIONS: Correspondence will be sent to the Minister of Municipal Affairs and Housing requesting that the approved question be placed on the 2010 ballot. As well, correspondence will be sent to Waterloo Council through their clerk’s office. ACKNOWLEDGED BY: Troy Speck, General Manager of Corporate Services