/IS:1><121\ Town of Bracebridge ~ BRACEBRIDGE Council Correspondence The Heart of Muskoka TO: Mayor G. Smith and Members of Town Council S. Rettie, Chief Administrative Officer COPY: Management Team Media FROM: L. McDonald, Director of Corporate Services/Clerk DATE: December 1, 2020 CIRCULATION: Item # Description SECTION “A” – STAFF INFORMATION MEMOS: Correspondence from Lower Tier Muskoka Municipal Clerks, dated December 1, 2020, A1 regarding Muskoka Modernization Committee – District Council Composition and Weighted Voting. SECTION “B” – GENERAL CORRESPONDENCE: Resolution from Raylene Martell, Director of Legislative Services/Municipal Clerk, Municipality B1 of Grey Highlands, dated November 18, 2020 regarding Bill 229 – Protect, Support and Recover from COVID-19 Act. Resolution from Cheryl Mortimer, Clerk, Township of Muskoka Lakes, dated November 24, B2 2020 regarding AODA Website Compliance Extension Request. Resolution from Jennifer Willoughby, Director of Legislative Services/Clerk, Town of B3 Shelburne, dated November 25, 2020 regarding Bill 229 and the Conservation Authorities. Correspondence from Linda Mathers, Climate Action Muskoka, dated November 25, 2020 B4 regarding Request to Phase Out Gas-Fired Power Plants. Resolution from Nando Iannicca, Regional Chair & CEO, Region of Peel, dated November 26, B5 2020 regarding Property Tax Exemptions for Veteran Clubs. Page 1. lfiJ8Rt) ~ tt- ""~ GR;\:M;NIHUJ'.~f c.-11 ... .-., ·o ~u~11oic.- LAKE OF BAYS BRACE.BRIDGE December 1, 2020 Amy Back District Clerk District Municipality of Muskoka 70 Pine Street Bracebridge, ON P1L 1N3 Dear Amy, Re: Muskoka Modernization Committee – District Council Composition and Weighted Voting Thank you for your continuing efforts to keep the lower-tier Clerks in Muskoka apprised of the Muskoka Modernization Committee’s ongoing work to meet the requirements of Section 218(6) of the Municipal Act to review the number of members that represent the lower-tier municipality at the upper-tier municipal level. We understand that the Municipal Act requires the review process to be completed within two years of the day the 2018-2022 District Council was organized (December 10, 2018). Given the approaching deadline, we note that a request has been made to the Premier of Ontario and the Minister of Municipal Affairs and Housing to extend this deadline to March 31, 2021, as directed by District Council Resolution R13/2020-MM. Should an extension be granted, the lower-tier Clerks believe it is imperative that we are actively involved in the discussions regarding the District Council composition and any proposed restructuring. Even with an extension, the time-frame within which to complete the process and achieve approval for any change will still be quite short. With this in mind, the lower-tier Clerks have met to discuss the process under which we would bring forward any request from the upper-tier to restructure District Council in view of the triple majority process prescribed in the Municipal Act as well as its probable impact on the constitution of each of the lower-tier councils. To ensure a successful outcome both the District and the lower-tier municipalities have to be clear on process as well as the form and content of any request to restructure. Upon our review of the relevant Municipal Act sections enabling a restructuring of the composition of both the upper and lower-tier councils, and given the significant implications of any recommended change to the governance and representative structure of the lower-tiers, we jointly engaged Legal Counsel to ensure that we could provide the best possible advice and guidance to our respective councils without undue delay. We are enclosing a copy of the November 30, 2020 Legal Opinion from James McIntosh, Barriston LLP, which is appended hereto as Appendix “A”. In the interest of a collaborative and transparent process involving discussions on restructuring for both the upper and lower-tier councils and the public, the following provides an outline of the recommended process to be followed, and the form and content of any by-laws or resolutions based on our review and understanding of the legislation and legal advice provided. Additionally, lower-tier Clerks request an opportunity to be present at all District meetings regarding this matter in order to be available to provide clarification on lower-tier matters and processes and ensure that any changes that are coming will be dealt with seamlessly. 1 fTSJx12J:\ _l.;,;. ~ ~ GM mtmSf .I . (l,&ll°'/,-.y JO .. U1-"i01!i,a LAKE OF BAYS BRACEBRIDGE 111itl- ~ ........... Responsible Party Process to be Undertaken Requirements 1. Muskoka Modernization Provide recommendations • 2-year requirement from the date the District Council Committee (District to District Council to comply was organized (December 10, 2018). Standing Committee) with Council composition review requirements under • Must either: the Municipal Act. a) Pass a by-law to change, for one or more of its lower-tier municipalities, the number of the members of its council that represent the lower- tier municipality; or b) Pass a resolution to affirm, for each of its lower- tier municipalities, the number of the members of its council that represent the lower-tier municipality. • Content of By-law to change must provide clarity on: a) The proposed change in composition (i.e. reduction from 23 Members to 13 Members comprised of 1 Chair and 12 Members (2 from each lower-tier municipality). b) The manner in which Members form the upper- tier: • Direct election to upper-tier only; or • Direct Election to both upper and lower- tiers1; or • Appointed by individual lower-tier municipalities; or • Any combination of the above (i.e. one Member elected to upper-tier only and one Member elected to both upper and lower- tier). c) If desired, any specified Members to be elected or appointed as outlined above (i.e. the Mayor and one other Member). d) If directly elected, the manner in which Members are elected: • At large; or • Ward: or • Any combination of the above. 1 Current process in Muskoka as originally established by the District Municipality of Muskoka Act. 2 fTSJx12J:\ _l.;,;. ~ ~ GM mtmSf .I . (l,&ll°'/,-.y JO .. U1-"i01!i,a LAKE OF BAYS BRACEBRIDGE 111itl- ~ ........... Responsible Party Process to be Undertaken Requirements 2. Muskoka Modernization Provide recommendations • Although not required, the Committee could Committee to District Council to change recommend an alternative voting methodology (i.e. the number of votes given to weighted voting) for all or some votes. any member (i.e. weighted voting). Lower-tiers request that any change to the voting methodology at the District forms part of the aforementioned District Council composition review, by-law, and triple majority process to provide the lower-tier Councils an opportunity to consider all recommendations concurrently. 3. District Council Ratify2 recommendations • Majority of Members of District Council. from Muskoka Modernization Committee. 4. District Council Passes By-law (could occur • Before passing the by-law or resolution the District at same meeting as shall give notice of its intention to pass the by-law and ratification of Muskoka hold at least one public meeting to consider the Modernization Committee matter. recommendations subject to • District process). By-law must contain all details stipulated in Items 1 and 2 above and any other requirements prescribed in the Municipal Act or the Province. • By-law does not come into force and effect until: • Triple majority is achieved; and • Direction is provided by the Province (due to the missed deadline of December 10, 2020); and • The first regular election following the passing of the by-law (or if passed in the year of a regular election, the second regular election following the passing of the by-law). 2 District Council could also amend, refer, defer, vote down, etc. recommendation from Committee 3 fTSJx12J:\ _l.;,;. ~ ~ GM mtmSf .I . (l,&ll°'/,-.y JO .. U1-"i01!i,a LAKE OF BAYS BRACEBRIDGE 111itl- ~ ........... Responsible Party Process to be Undertaken Requirements 5. District Clerk Submits a request to each • lower-tier Clerks (working collaboratively) to provide of the Muskoka lower-tier reports to each of their Councils to consider the Councils to pass a request from the District. The report shall include, but resolution consenting to the not be limited to: by-law or resolution from the • upper-tier. History on the formation of the District of Muskoka and area municipalities (now upper-tier and lower- tier); • Summary of process to-date; • Governance implications (i.e. representation, wards v. at-large, standing/advisory committees, decision making, pros/cons); • Options to alter lower-tier Council Composition (i.e. could increase/decrease lower-tier Members on Council at the same time as or exclusive of District process); • Public input (i.e. some municipalities require local public meetings as part of their Public Notice Policies); • Compensatory considerations; • Administrative implications (i.e. required policy changes, communications, support functions, etc.). 6. Lower-tier Councils Considers resolution • May hold local public meetings or engage other consenting to the by-law or methods of public input if required or desired. resolution from the upper- tier and responds to District • May require District delegation/presentation. with result. 7. District Clerk Triple Majority • Must obtain: Determination and if • achieved, communication to a majority of all votes on the upper-tier council District Council, lower tiers, are cast in favour of the by-law or the Province. resolution; • a majority of the councils of all lower-tier municipalities forming part of the upper-tier municipality have passed resolutions consenting to the by-law or the resolution; and • the total number of electors in the lower-tier municipalities that have passed resolutions consenting to the by-law or the resolution form a majority of all the electors in the upper-tier municipality (requires 41,058 which can be achieved by a combination of any 4 of the 6 lower-tiers).