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Environment and Land Tribunals - Ontario Municipal Board

August 6, 2013 -

IN THE MATTER OF subsection 222(4) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended

Appellant: Kevin Wiener; Sydenham District Association and Alma Mater Society of
Queen's University

Subject: By-law 2013-83 to dissolve existing wards

Municipality: City of Kingston

OMB Case No.: MM130053

OMB File No.: MM130053

NOTICE OF PREHEARING CONFERENCE

The Ontario Municipal Board will conduct a prehearing conference respecting this matter.

If you do not attend the prehearing conference, the Ontario Municipal Board may proceed in your absence and you will not be entitled to any further notice of these proceedings.

TIME AND PLACE OF PREHEARING CONFERENCE

A prehearing conference will be held

at: 10:30 AM

on: Monday September 9, 2013

at: Kingston City Hall
Councillor's Lounge
216 Ontario St.,
Kingston, ON K7L 2Z3

The Board has set aside 1 day for this conference.

PURPOSE OF PREHEARING CONFERENCE

The conference will deal with preliminary and procedural matters, including the following:

  • Identification of parties - these persons have the right to participate throughout by presentingevidence, questioning witnesses, and making final arguments. In order for the Board to determine your status for the hearing, you or your representative should attend the prehearing conference and ask to be added as a party. Groups, whether incorporated or not, who wish to become parties should name a representative. Parties do not need to be represented by lawyers or agents.
  • Identification of participants - persons who do not wish to participate throughout the hearing may attend the hearing and make a statement to the Board. Such persons should also attend the prehearing conference.
  • Identification of issues.
  • Possibility of settlement of any or all of the issues – the panel will explore with the parties whether the case before the Board and the issues in dispute are matters that may benefit from the assistance of a mediation meeting conducted by a Member of the Board.  Mediation is a voluntary process of negotiation that encourages all sides in a dispute to get a better understanding of each other's positions and fully explore and consider options for a mutually acceptable settlement of all or some of the issues in dispute. The panel may direct, upon consent of the parties, that some or all of the issues in dispute proceed to mediation. Where mediation is directed, a different Member of the Board would conduct the mediation.
  • Start date of the hearing.
  • Duration of the hearing.
  • Directions for prefiling of witness lists, expert witness statements and written evidence.
  • The hearing of motions.
  • Such further matters as the Board considers appropriate.

Everyone present should come prepared to consider specific dates for proceedings in this matter.

EVIDENCE

Evidence or formal statements may also be heard at the prehearing conference in an attempt to settle the matters in dispute. Note that even if no settlement is reached the Board may make a final decision on the evidence it received.

All parties or their representatives should attend the prehearing conference.

Pour recevoir des services en francais, veuillez communiquer avec la Division des audiences au (416) 212-6349, au moins 20 jours civils avant la date fixee pour l'audience.

We are committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have any accessibility needs, please contact our Accessibility Coordinator as soon as possible.

DATED at Toronto, this 12th day of July, 2013.
JOANNE HAYES
SECRETARY

 

EXPLANATORY NOTE CONCERNING BY-LAW NO. 2013-83 OMB CASE/FILE NO. MM 130053

AREA AFFECTED: The area affected by By-Law No. 2013-83 comprises the existing twelve (12) electoral districts in the City of Kingston.

PURPOSE: By-Law No. 2013-83 was passed by City Council on April 23, 2013 to re-divide the City's 12 existing electoral districts into 12 new electoraldistricts to provide for relatively equal and effective representation. The existing electoral districts have been in place since the former City of Kingston amalgamated with the adjacent Townships of Kingston and Pittsburgh in 1998.
Revisions to the existing electoral district boundaries were deemed necessary to recognize residential growth that resulted in the population of some districts exceeding the average population of all the districts by plus or minus 25%. The intent is that the new electoral district boundaries would be in place for the 2014 municipal election.

EFFECT: The effect of By-Law No. 2013-83 is to implement the re-divided electoral district boundary configuration as shown on the attached map. The Council-approved boundary configuration meets the majority of the adopted boundary review criteria in that: it is based on the total 2011 Census population numbers; it is consistent with the premise of "effective
representation"; it achieves an equitable distribution of population across all the re-divided districts; it provides for district boundaries that recognize existing and future growth areas and should therefore be sustainable through the 2018 election; and, it provides for population distribution that is significantly better than the existing district boundaries.

Some of the other key features of the approved electoral district boundaries include:

  • Most neighbourhood association areas remain intact except for Sydenham District which is split at Barrie Street between Districts #9 and #10;
  • The boundaries of Districts #4 and #5 remain unchanged;
  • District #1 includes all of the area north of Highway 401 and east of Abby Dawn Rd. (the majority of the rural area), thereby recognizing and supporting the uniqueness of this community of interest;
  • District #12 (balance of Kingston East) maintains communities of interest (Barriefield Heritage Conservation District, CFB Kingston and the urban area of Kingston East) and recognizes the natural boundary created by the Great Cataraqui River; and,
  • Districts #2 and #7 both have populations below the average for all the districts but also have considerable residential growth potential.

It is noted that the approved boundary configuration was identified as the preferred option by the Trustees of the Limestone District School Board due to having the least impact on the Trustee's areas of representation and having the most equitable population distribution.

KEY MAPS: A map showing the existing electoral district boundaries is included as Attachment No. 1.

A map showing the approved electoral district boundaries is included as Attachment No. 2.

The above is a brief explanation of the purpose and effect of By-Law No. 2013-83. For a complete discussion of the electoral district boundary review process undertaken by the City, the review criteria, the various boundary configuration options considered by Council, the public  input received and the approved boundary configuration, please refer to Council Report 13-144 and the original By-Law No. 2013-83 available at the Municipal Offices during regular business hours or on the City's web site.