County solicitors Wayne Fairbrother (L) and Samantha Foster (C) and Appellant Pierre Klein prepare ahead of the Ontario Municipal Board Hearing at Shire Hall on July 19, 2017. (Photo: Nicole Kleinsteuber / Quinte News)
Procedural instruction dominated a lengthy day one of the Ontario Municipal Board Hearing into the appeal of Prince Edward County’s decision to reduce electoral ward boundaries.
Appellant Pierre Klein began his case stating he plans to prove the municipality failed in its due diligence and violated Charter Rights in its decision to enact a 2016 bylaw cutting wards from ten to nine and eliminating two council positions.
While questioning County staff members – Chief Administrative Officer James Hepburn, CIS manager Grant Hopkins, Intermediate Planner James Bar and Clerk Kim White – Board member Mary-Anne Sills continually reminded Klein on the need to ‘provide evidence of a lack of information’ in the plan adopted by council and why the bylaw shouldn’t proceed.
“The only way for you to prevail Mr. Klein is to prove why the bylaw is flawed,” Sills stated. “They were required to have one statutory meeting and that notice be given. There were several public meetings. I can give you the verdict right now – that happened.”
Sills, a former mayor of Belleville also explained the OMB had no jurisdiction over the number of councillors and would only be making a decision on ward boundaries.
“Council’s decision is now off the table and the Board will make it final,” Sills told the court. “If this matter is not resolved by the board by December 31 of this year, the municipality will go into another four-year election cycle status quo – as it is now. So it is the board’s intent to resolve this matter once and for all, one way or the other. The board does not have the jurisdiction to specify the number of elected officials a municipality has, but having said that, a decision by the board may have an affect on the number of representatives you have.”
In 2008, a previous OMB hearing forced the 2010 ballot question, “Are you in favour of council commencing a public consultation process to review the size of council?” Since less than 50% of eligible voters actually came out to the polls, the referendum result was not binding on council. However, the former term of council felt there was enough interest, as 80% of those who did vote said “yes,” sparking the Citizens’ Assembly in 2013. Council chose not to go with the 10 councillor recommendation as it would ultimately lead to ward changes. Mayor Robert Quaiff sparked the conversation up again at the beginning of his term stating residents clearly wanted change. After nine public consultation meetings in 2015 on four different plans – nine wards, three wards, two wards or status quo – council opted to go with nine – a plan that received minimal support during the meetings.
During the 2015 meeting, Mayor Quaiff asked council to ‘finish the job they had started’ by sending the two favoured plans (two wards – 11 member council and three wards – 13 member council) back for a staff report to see if they meet the necessary criteria.
At that time, Quaiff said he was 100% certain the County would now have to go through a lengthy and costly process of trying to challenge a plan that doesn’t meet the criteria set out by staff reports and plans.
However on Wednesday, County Solicitor Wayne Fairbrother told the court that he is confident Klein can’t provide any evidence that the process hasn’t been met.
In an interview, Klein stated that expert testimony provided by professor of political science Dr. Robert Williams will offer evidence that the County didn’t complete the process and failed in its due diligence as the plan approved doesn’t address voter parity or community interests.
Councillor Kevin Gale has also been summoned to take the stand on Thursday, speaking as a resident.
Residents Dennis Fox, David Mowbray and Kathleen Vowinckel will take the stand. Fairbrother plans to call three witnesses as well.
The three day hearing resumes on Thursday at 10 a.m. at Shire Hall.
