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HomeMy WebLinkAboutFCS-17-021 - 2017 Ward Boundary Review REPORT TO: Finance & Corporate Services Committee DATE OF MEETING: March 6, 2017 SUBMITTED BY: Christine Tarling, Director of Legislated Services & City Clerk, 519-741-2200, 7809 PREPARED BY: Colin Goodeve, Manager of Council/Committee Services & Deputy City Clerk, 519-741-2200, 7278 WARD(S) INVOLVED: All DATE OF REPORT: January 20, 2017 REPORT NO.: FCS-17-021 SUBJECT: 2017Ward Boundary Review ___________________________________________________________________________ RECOMMENDATION: That in accordance with Section 1.a) of Council Policy GOV-COU-050, no boundaries based on the justifications outlined in Finance and Corporate Services Department report FCS-17-021. EXECUTIVE SUMMARY: ward Composition of Existing Ward Boundaries boundaries remains sound and continues Meets to adhere to the four guiding principles Guiding Principles Criteria outlined in Council Policy GOV-COU-050. i)Protecting Communities of Interest As such, no change to ward boundaries is warranted at this time. Consideration ii)Reasonable Distribution of should again be given to possibly re-Population designing the boundaries as part of the iii)Natural Boundaries next scheduled review following the 2022 iv)Accommodate Growth for at Least Municipal Election in accordance with 12 Years Council policy. BACKGROUND: The Municipal Act, 2001 allows a municipality to establish, re-divide or dissolve wards. The decision of Council is to be enacted by aspecific by-law which is then open to appeal within legislated timelines. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 9 - 1 The timing set out in Council Policy GOV-COU-050 requires a review to be conducted ard boundaries after every second Municipal Election. The last ward boundary review was undertaken in 2008 in advance of the 2010 Municipal Election; and therefore, one is required to take place prior to the 2018 Municipal Election. The intent of this report is to satisfy that requirement. Should a by-law be passed to adjust any or all ward boundaries, a notice is required to be placed in a local newspaper. The notice serves to inform the public that within 45 days of the date the by-law was approved, anyone may submit an appeal to the Ontario Municipal Board (OMB). If an appeal is submitted and the OMB does not dismiss it, a hearing will take place to review the merits of the appeal and a decision will be rendered. If no appeal is submitted, the by-law stands and the new ward boundaries are in effect for the next term of Council. Any boundary adjustments need to be resolved prior to December 31, 2017. Impetus for Change Ward boundary reviews are typically conducted in response to some overarching change that affects the composition of Council. Annexations, amalgamations, the creation of or changes to Regional Council, Provincial restructuring of a municipality, increases in the size of Council, and policy mandate usually drive the need for a ward boundary review. For instance in 2000, the Province restructured the City of Ottawa into a single tier regional city with a wide diversity of communities and interests of both rural and urban, suburban and inner city, andFrench, English and multi- adjusting its wards was unsuccessful and it took several years before the current 23 ward structure was implemented. Similarly, the Barrie-Innisfil Boundary Adjustment Act, 2009, resulted in annexation of a portion of the Town of Innisfil to the City of Barrie. This subsequently necessitated a review of their existing ward boundaries. In February 2013, the City of Vaughan received a petition to add a sixth ward and adjust the boundaries o close to the 2014 Municipal Election, Vaughan Council decided to conduct a broad- based ward boundary review in advance of the 2018 Municipal Election. Their review commenced in early 2016 and a final report is anticipated to go forward for consideration in the first quarter of 2017. In the mid-1990s, a review was donein response to a proposal that City of Kitchener representatives on Waterloo Regional Council should be directly elected through at- large voting. In 1999, this resulted in a reduction in the number of wards from ten to six. In 2007, Council voted to increase its composition from six to ten councillors. Accordingly, the boundaries were adjusted to accommodate the increase in the size of 9 - 2 Council. In October 2007, Council approved the terms of reference to be used for the 2008 Ward Boundary Review and, in January 2008, retained the services of Dr. Robert Williams to lead the review process which included: undertaking public consultation; developing options; and, making a final recommendation which was presented to Council in September 2008. for a new ten ward system was put into place for the 2010 Municipal Election. Guiding Principles While there are variations as to how wards can be drawn, in order to be successful over time, they need to respect a set of established principles that are used nationally in setting ward or riding boundaries. Section 1.c) of Policy GOV-COU-050 sets out the following principles to be considered ward boundaries: i) Communities of interest and neighbourhoods should be protected. It is desirable to avoid fragmenting traditional neighbourhoods or communities of interest. ii) Consideration of representation by population: to the extent possible, and bearing in mind the requirements for effective representation, voters should be equally represented and wards should have reasonable equal population totals. Given the geography and varying population densities and characteristics in the City, a degree of variation is acceptable. iii) Consideration of physical features as natural boundaries. Wards should be compact, contiguous shape, straight forward and easy to remember. iv) Consideration of present and future population trends. The ward structure should accommodate growth for at least 12 years. In 2007, the previous policy governing ward boundary reviews was amended to incorporate those principles, which align with the tenets of past OMB and Supreme Court decisions. In the decision issued by the Supreme Court of Canada inReference Re Provincial Electoral Boundaries (Sask.) \[1991\] S.C.J. No. 46, commonly known as the Carter decision,it found that variations between the boundaries in urban areas could be justified on the basis of geography, community interests and population growth patterns; while the rural boundaries were appropriate given the challenges associated with transportation and communications. In its decision, the Court established that the right to vote under the Canadian Charter of Rights and Freedoms instituted a right to When defining effective representation as a right protected by the Charter, the Court noted the relative parity of voting power was a prime, but not an exclusive, condition of effective representation. It found that deviations could be justified where the 9 - 3 consideration of other factors, such as geography, community history, community interests and minority representation would result in a legislative body that was more Accordingly, the overarching principle for award boundary review shall be the principle shall be subject to additional considerations as prescribed within the other guiding principles reflected in Policy GOV-COU-050. Those principles have guided other ward boundary reviews across Canada and were used by review for the City of Kitchener. REPORT: In the absence of any overarching impetus for change, this review in advance of the 2018 Municipal Election focused on the appropriateness of the current ward boundaries in the context of the guiding principles set out in Policy GOV-COU-050.It is important to note no one principle is applied in isolation but rather the guiding principles are applied in concert with one another in order to achieve an overall balance in the number, size, composition, and configuration of wards. i) Protecting Communities of Interest As noted in the Carter decision, the recognition and protection of communities of interest may justifiably override the principle of voter parity where the inclusion of a community of interest will lead to a system that is more representative of the C diversity. The Court did not define what constitutes a community of interest; however, OMB appeals have recognized historical settlement patterns or existing communities, as well as social, historical, economic, religious, linguistic or political groups. Applying this principle, where possible, in drawing ward boundaries serves to help protect areas where communities with common interests are grouped together andminimize the division of those communities between wards. The current ward configuration follows this principle of maintaining neighbourhoods, as outlined in Dr. Williams report. The criteria therein outlines that acommunity of interest is best served when ward boundaries respect the boundaries of active neighbourhood associations. This is currently reflected in the fact that only three 0 affiliated neighbourhood associations span the boundaries of two wards. Taking the other guiding principles into account it would not be feasible to redesign the wards to have those three associations fully incorporated within individual wards. For example, redrawing the boundaries to fully encapsulate the Stanley Park Community Association within Ward 2 would shift approximately 80% of the population of Ward 1 into Ward 2; thereby creating a significant disparity in population. This was recognized during the public consultation undertaken as part of the 2008 Ward Boundary Review. 9 - 4 The current ward boundaries successfully contain 90% of associations within individual wards and as such protect those communities of interest. Any change to the current boundary configuration would undoubtedly result in splintering more neighbourhood associations; and, is one reason why a change to any ward boundary is not recommended at this time. ii) Reasonable Distribution of Population One of the basic premises of representative democracy in Canada is the principle that the geographic areas used to elect a representative should be reasonably balanced with one another in terms of population. In an ideal ward system, every Councillor would represent generally the same number of constituents. This figure is typically referred to size for a ward; as the overall population changes, the optimal size of a ward would also change. The 2008 Ward Boundary Review acknowledged there would inevitably be variations in the densities and character of communities and neighbourhoods across the City, and some flexibility in terms of representation was deemed to be acceptable. In the absence of guidance on this in the Municipal Act, 2001, population variations of up to is consistent with legislated federal redistribution provisions. The chart shows the population forecasts for each ward to 2031, as provided by the Region of Waterloo. The underlying forecast is based on the municipal allocations in the Regional Official Plan, plus a preliminary allocation to the City of Kitchener resulting from Amendment 2 of the Growth Plan for the Greater Golden Horseshoe. From this, Kitchener is forecasted to have a population of 322,000 in 2031. TUse Model (PLUM) was used to distribute this population across the City. The Region has stipulated several caveats associated with these projections in the short-term. Since a straight-line projection was used for the interim years (2018, 2022, 2026), nuances in the timing of development are not incorporated into the forecasts, and it is suggested that growth management and staging of development plans to better understand local nuances. The Region further noted that the near-term growth rates for Ward 5 are likely overstated as a portion of those lands are subject to a provision within the Regional Official Plan. This provision states that comprehensive planning will be required for such lands in 2019, and additional land will be considered through the 2019 comprehensive review of the Regional Official Plan. Wards and projects that variance for the next four election years (2018, 2022, 2026 and 2031). The range of population per ward in Kitchener in 2016 is 19,000 (Ward 3) to 30,500 (Ward 2). When the wards were last re-configured the optimal size was identified as being approximately 21,400, with a range of roughly 16,050 (Ward 5) to 9 - 5 26,750 (Ward 2). The current optimal size has been identified as being 24,300. This figure will be used to evaluate how well individual wards provide parity in representation. As noted in , there are eight wards that are within 15% of the optimal size in 2016; with half of those wards being within 5%. It is acknowledged that the projection for Ward 2 exceeds the 25% threshold by approximately 125 people, which could be accounted for as a statistical anomaly. It should be noted that in subsequent years the projections for this Ward fall back within the range of the optimal threshold; and, by 2031 are projected to be within 15% of the optimal size. By 2022, the overall population numbers are projected to shift slightly, with only seven wards being within 15%. It is important to note, even eight years into the future no wards are estimated to exceed the optimal threshold of 25% of the optimal size. For 2026, it is estimated that only five wards would be within 15% of the optimal size, with four wards being within 16%-25%. Additionally, by that time Ward 5 is projected to exceed the optimal range by approximately 3,163 residents. This number grows to 8,400 by 2031. By that time, Ward 9 will also exceed the optimal range by 1,250 residents and only four wards would remain within 15% of the optimal size.This reinforces the need to undertake the next review of ward boundaries following the 2022 election in advance of the 2026 election. Comparison No. of Pop. / MunicipalityPop. WardsWard The adjacent chart provides a comparison of the population per ward Barrie136,4171013,642 of 15 municipalities all with populations Brampton610,9001061,090 over 125,000. The population per ward Burlington175,780629,297 ranges from 13,642 (Barrie) to 69,636 Cambridge126,748815,844 (Mississauga), with an overall average, Greater Sudbury160,2741213,356 or optimal size, of 36,946. Hamilton520,0001534,667 London366,0001426,143 Kitchener has an average ward Markham349,000843,625 population of approximately one-third Mississauga766,0001169,636 fewer people than the average of the comparator municipalities. Ottawa960,7562341,772 Richmond Hill213,727635,621 Taken together, the review shows a Toronto3,080,0004765,532 change in the current ward boundaries Vaughan319,893563,979 in advance of the 2018 election is not Windsor210,8751021,088 warranted based on population and Waterloo132,300718,900 optimal ward sizes. In accordance with AVERAGE36,946 Policy GOV-COU-050, the next Ward Boundary Review is scheduled to take Kitchener243,0001024,300 place following the 2022 Municipal Election. It is possible that given the projected growth in population, a possible remight be needed at that time. 9 - 6 iii) Natural Boundaries This principle acknowledges that topographical features or natural boundaries are undeniably one of the most visible attributes of a municipality and should be integrated into ward boundary designs where appropriate. Dr. Williams 2008 Review interpreted here in Kitchener, primarily the Conestoga Parkway but also included many arterial roadways. It was indicated those features were suitable because their scale and traffic patterns tend to isolate residents who happen to live on opposite sides of the thoroughfare from one another. As well, topographical features tend to aid in supporting ci perception of what constitutes their neighbourhood/community. For instance, the population trends provided by the Region show a growing disparity between the populations of Ward 2 and Ward 3. At first glance it may appear that the simple answer would be to adjust the boundary between the two Wards to provide for more equal distribution of population. The most likely portion of Ward 2 that would be allocated to Ward 3 would be the area to the south and east of Chicopee Ski Hill given its relative geographical connection to the Deer Ridge Community in the east end of Ward 3.Doing this would shift approximately 7,500 people into Ward 3; thereby providing greater parity in the population between each ward.Shifting that population, however, would not be in keeping with the intent of the guiding principles to protect communities of interest. The children in that area would primarily attend either Franklin Public School or Saint John Paul II, both of which are located deep within Ward 2. Those families are connected to those areas and disassociating them from those communities to balance population numbers would seem arbitrary. Additionally, Highway 8 and the Grand River currently bisect those two Wards and provide for natural, straight-forward and easy to remember physical features by which those two Wards are separated. While eventually there will be a disproportionate number of people in Ward 2, in the near term, the degree of variation is such that the use of this natural boundary to divide those Wards would seem to be appropriate. A further area of possible adjustment could be the boundary between Wards 4 and 5. While it may appear to have been established based on the previously projected future alignment of Strasburg Road, the study conducted by Dr. Williams indicates this boundary was based on the western limit of the Brigadoon and the Doon South Community Plans. When providing the population statistics, the Region indicated that a portion of lands in Ward 5 are subject to Section 2.D.33 of the Regional Official Plan, which states that comprehensive planning will be required for all such lands, and the City of Kitchener shall not initiate or adopt any background studies or local official plan amendments to establish land use designations for such lands prior to June 30, 2019. In addition, a separate portion of lands in Ward 5 are currently beyond the urban growth boundary, and will be considered in the comprehensive review in 2019. It has been identified that consideration cannot be given to initiating the process to re- define the boundaries of those Community Plans until after the timeframe set out by the 9 - 7 Region. Additionally, community plans do not exist for the area between the western limit of the Brigadoon and the Doon South Community Plans and the future alignment of Strasburg Road. The current timing for construction of the southern alignment of Strasburg Road is post 2019; and therefore, no natural boundary is currently in place that could be used to bisect Ward 4 and Ward 5. In the absence of those planning documents and/or defined physical boundary, it would be premature to undertake any adjustments to that boundary prior to 2019. iv) Accommodate Growth for at Least 12 Years One of the goals of the 2008 Ward Boundary Review was to ensure the creation of wards which would sustain the principle of an equitable distribution of population for at least 12 years. Over the past nine years, the average number of people in each ward has only grown by 2,900residents and, population parity is relatively maintained until 2026. This validates the 2008 ward design because under the current system, the wards are generally in equilibrium to one another as growth takes place over an approximate 18 year span. In the 2008 Review it was acknowledged that no ward system design can successfully meet all of the guiding principles set out in Policy GOV-COU-050. The challenge was to minimize the divergence from the ideals in a recommended system and balance the objectives of the guiding principles as much as possible. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this Report supports the achievement of the C vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with the recommendation outlined in this Report. For reference, the budget for the 2008 Ward Boundary Review was set at $35,000. In conducting ward boundary reviews, many municipalities choose to use the services of a consultant to coordinate and conduct the project and some reviews are effected by Municipal Clerk.The following provides an overview of what other municipalities have expended and the amount of time that was needed to conduct their ward boundary reviews. Municipality YearLengthBudget Barrie20105 months $40,000 Kingston201013 months$88,000 Milton200611 months$30,000 Oakville201011 months$30,000 Vaughan201618 months$105,000 Windsor200911 months$50,000 9 - 8 The average cost of those reviews was $57,167. Future consideration will be given to establishing a budget to allow for aconsultant-led ward boundary review to possibly re- configure s ward boundaries following the 2022 Municipal Election. COMMUNITY ENGAGEMENT: INFORM - This R advance of the March 6, 2017 Finance & Corporate Services Committee meeting. CONSULT - In developing this report, Planning staff at the Region of Waterloo compiled and provided the growth projections. City Planning staff were also consulted with management strategies. Extensive public consultation was undertaken as part of the 2008 Review. This included several articles and advertisements in local newspapers, online and mail-in surveys, andthree public open houses. This culminated in approximately 157 submissions. In keeping with the contention that the current boundaries remains valid, so too are the public consultation results upon which those boundaries were based. Given no changes are being proposed, no additional public consultation is necessary. PREVIOUS CONSIDERATION OF THIS MATTER: The following are the reports pertaining to the previous Ward Boundary Review conducted in 2008 as well as the report relating to when the composition of Council was increased from six to ten members. CRPS-07-067 - Council Composition and Ward Review CRPS-08-003 - Ward Boundary Review - Consultant Selection CRPS-08-109 - Ward Boundary Review - Recommended Option CRPS-08-159 - Ward Boundary Review - Final Recommendation CONCLUSION: Fundamentally, the current composition of the existing ward boundaries remain sound and continues to adhere to the principles of Council Policy GOV-COU-050; therefore, no adjustments are required at this time.The boundaries will again be reviewed following the 2022 Municipal Election in accordance with Council policy. ACKNOWLEDGED BY: D. Chapman, Deputy CAO - Finance and Corporate Services 9 - 9 9 - 10