Township of West Lincoln 2016 Ward Boundary Review Discussion Paper May 2016 Prepared by Dr. Robert J. Williams Waterloo, Ontario Table of Contents Introduction 1. Background 2. What Is a Ward Boundary Review? 3. Why a Ward Boundary Review in 2016? 4. Framing the 2016 Ward Boundary Review a. Representation by population b. Protection of communities of interest and neighbourhoods c. Use of natural physical features or natural barriers as boundaries d. Variations in population density e. Future population growth projections f. Development of a ward structure . . . for at least 3 Municipal Elections g. An effective and equitable system of representation h. The composition/size of Council 5. The Process 6. Evaluating the Status Quo a. Preliminary Considerations i. Composition of Council ii. Wards or At-large? iii. One-Member or Two-Member Wards iv. Population Figures b. Applying the Principles to the Present Wards Summary Assessment: Present Wards 7. Some Alternatives i. Option A ii. Option B iii. Option C iv. Option D 8. Conclusions Appendix A Appendix B 1 2 2 3 5 6 6 7 7 7 8 8 9 10 10 10 11 12 13 14 17 18 20 22 24 26 28 29 29 Introduction This report is intended to take West Lincolnʼs 2016 Ward Boundary Review (WBR) to its next stage. Early in 2016, I began assembling background information on West Lincoln, drove many of the local roads to familiarize myself with various settlements areas and landmarks and met with elected officials and Township staff. That research has been used to evaluate the present system of representation in West Lincoln and to frame the alternative approaches to configuring the Townshipʼs electoral system that appear in the following pages. The Discussion Paper serves as a resource to be used by the public and by Council to participate in this Review. Three public meetings will be held in June where these Options will be explained and where the community can evaluate their suitability. Individuals and community organizations are also invited to forward comments before July 15, 2106 directly to the Consultant at bwilliams@westlincoln.ca. At that time, community feedback will be considered in the preparation of a final report to Council due around the end of September. Council will make the final selection of a ward configuration soon after that. For practical assistance so far in this Review, I would like to acknowledge and thank members of the Townʼs staff, in particular Carolyn Langley, Joanne Scime, JacquieThrower, Brian Treble and Lauren Vraets and also Greg Bowie of Niagara Region. Robert J. Williams Robert J. Williams, Ph.D. Consultant 2016 Township of West Lincoln Ward Boundary Review 2 1. Background In 1970, the Townships of South Grimsby, Caistor, and Gainsborough were amalgamated to form the Township of West Lincoln, a lower-tier municipality within the Regional Municipality of Niagara. The legislation establishing Niagara Region stipulated that the council of the Township would be composed of a Mayor “elected by general vote” and (in the language of the day) “six aldermen elected by wards.” (Regional Municipality of Niagara Act, Section 3 (1) 12). The Mayor would represent the Township on Niagara Regional Council. The six Councillors (in todayʼs language) were elected in wards that adhered to the boundaries of the three pre-amalgamation municipalities with each ward electing two representatives. West Lincoln Council discussed the possibility of changing this arrangement in 1997 (about twenty years ago) but no action was taken. As a result, the 1970 ward boundaries are still operative. The 2016 Ward Boundary Review has been initiated to determine whether the original ward configuration provides effective and equitable representation to the residents of West Lincoln. 2. What Is a Ward Boundary Review? Despite the fact that the political representation in Canada is primarily organized around geographic areas (known as a “constituency” at the federal and provincial levels and usually as a “ward” at the municipal level), Ontarioʼs Municipal Act is strangely silent on essential features of the municipal system of representation. The Act merely authorizes a lower-tier municipality to determine the “composition of council” (that is, the size of council) (Section 217) and “to divide or redivide the municipality into wards or to dissolve the existing wards” (Section 222 (1)). Section 217 includes some conditions related to the offices to be filled and Section 222 adds some procedural requirements related to notification and possible appeals to the Ontario Municipal Board (OMB) of any by-law passed under that section. Ontario legislation does not provide for a regular review of municipal representation arrangements nor does it spell out the process through which such a review might occur. Furthermore, despite a misleading reference in the Municipal Act that the Minister “may prescribe criteria,” none actually exist.1 It is 1 Before amendments to the Municipal Act in 2006, Section 222 (2) of the Municipal Act stipulated that before passing a by-law the municipality shall “(b) have regard to criteria for establishing ward boundaries prescribed by the Minister.” The present clause on Ministerial criteria (Section 222 (10)) refers back to a subsection on potential conflicts between the by-law and provincial legislation, not one dealing with process or principles. In fact, the Minister of 3 therefore up to each municipal council to set the terms of reference for a review, including the process to be followed, and, ideally, to establish criteria or guiding principles that can be used to evaluate the municipalityʼs electoral system. West Lincoln Council has, in fact, adopted a process and a set of guiding principles for this review that will be discussed below.2 Without such provisions in place there is a risk that an electoral review may lead to unfair, ill-conceived or politically motivated results. A ward boundary review, then, is a task designed to assist Council in reaching a determination on an arrangement that provides effective representation through an electoral structure sensitive to the geographic distribution of the inhabitants of the municipality. Since the Township is already divided into wards, the starting point is to assess the present wards in terms of the six guiding principles adopted by Council to be discussed below and to develop and evaluate possible alternatives to “redivide” the municipality. To ensure the review is comprehensive, it will also consider the elimination of wards altogether and a change in the number of Councillors. Given the primary importance of the electoral structure to those presently holding public office in the Township, a review that would be considered acceptable by the community (and by the OMB in the event of an appeal) must be conducted for the municipality by someone who is not a member of Council or a municipal employee. An independent consultant retained by the Township will therefore undertake West Lincolnʼs Ward Boundary Review and will follow a process that was approved by Council before the review began.3 3. Why a Ward Boundary Review in 2016? Since one fundamental principle of Canadian electoral democracy is that each elected official in a particular jurisdiction should represent approximately the same number of people, the present arrangements in West Lincoln are problematic. The population of the Township has increased since amalgamation but that growth has tended to cluster in a particular part of the Township; as a result, there Municipal Affairs and Housing has never issued criteria related to municipal representation arrangements. 2 Clerkʼs Report RFD-C-02-2016 (January 18, 2016) spells out the process for the review and a set of guiding principles for the electoral system. 3 report. A summary of the consultantʼs qualifications is found in Appendix B of this 4 is today an imbalance in the population of the three wards. This is not a new development. Data presented to West Lincoln Council in 1997 (based on the 1994 Ontario Population Report) shows the following significant disparity: 4 Ward One Two Three Total Total Population 2,678 3,672 4,710 11,050 Percentage 24 33 43 100 By the time of the 2011 federal census, the disparity in the population across the three wards had increased proportionately: Ward One Two Three Total Total Population 2,840 4,412 6,585 13,837 Percentage 21 32 47 100 With the recent confirmation by the OMB of an expanded urban boundary for Smithville, most residential development in the Township will occur in the present Ward Three, already the largest ward in terms of population. Furthermore, between now and 2026, the population of Smithville is forecast to grow to the point where it will likely be larger than “rural” West Lincoln in its entirety. It is therefore appropriate that the issue of “representation by population” be revisited. Notwithstanding this evidence, some Councilllors insist that there is “nothing broken” in the present system so “donʼt change it” or that change is not needed because “people are comfortable” with the present system or that this review is “premature.” From this perspective, inertia serves to justify a representation system rooted firmly in the past rather than one based on the present or the future of West Lincoln. It is, of course, within the power of this Council to choose to maintain the present ward configuration. Put another way, though, everyone should be confident that the merits of the status quo actually outweigh its shortcomings and that none of the alternatives that arise in this review successfully address such shortcomings. 4 Report RFD-C-2.97 (January 27, 1997), page 4 5 4. Framing the 2016 Ward Boundary Review The requirement to undertake a ward boundary review in Ontario and to follow a prescribed process are not established in legislation or by regulation, so each municipal council retains complete discretion on when and how a review will operate. However, many municipal electoral system reviews have been undertaken in Ontario over the last decade and a half that offer examples of successful processes and principles; a few others have been subject to an OMB hearing and were found wanting in some respect. The recommendations made by the Township Clerk in her report RFD-C-02-2016 for terms of reference for a review and guiding principles to use in evaluating alternative electoral arrangements that may emerge from the Review are drawn from such experiences. The initial phase of the WBR consisted of background research on the Township, such as its demographic and land-use patterns, planning forecasts, component communities and their history and the operation of the present ward system. Research on models of representation in other comparable Ontario municipalities, as well as pertinent decisions by the Ontario Municipal Board on appeals pertaining to electoral representation, were necessary to place the situation in West Lincoln into context. The most significant part of the “framework” for the Review, however, is the requirement that it “should be conducted in consideration of” a number of guiding principles ”in order to provide an effective and equitable system of representation.”5 The specific guiding principles to be “considered” are the following: • representation by population; • protection of communities of interest and neighbourhoods; • use of natural physical features or natural barriers as boundaries where possible; • variations in population density; • future population growth projections; • development of a ward structure that will accommodate growth and population shifts for at least three (3) Municipal Elections (2018, 2022, 2026). There is the additional statement that the “review process may generate discussions and/or a review relating to the composition/size of Council.” It is helpful to clarify the way these principles and related directions to the consultant will be understood in this Review. Some of the stated principles 5 Clerkʼs Report RFD-C-02-2016 (January 18, 2016). See also Appendix A. 6 embody concepts that need to be explained, not all of which may be met successfully in each design. Readers should also be cautioned that only a perfect electoral design – in a perfect world - is likely to meet all of these principles literally or uniformly. a. Representation by population The concept of representation by population (“rep by pop”) has a long history in Canada, usually associated with the idea that elective offices in a particular jurisdiction are distributed in such a way that each one is associated with roughly the same number of people or of electors. This is sometimes referred to as “one vote, one value” or as the "one person - one vote" principle. In some democracies this principle of voter parity is enforced rigorously - almost to the exclusion of any other factor – so that there is almost no variation in the size of electoral units within that jurisdiction. In a ward boundary review, the goal is to design wards at the “optimal” size for the municipality; an optimal ward is one in which the population is within five percent of the number derived by dividing the overall population by the number of wards. In the most significant judicial ruling on electoral representation in Canada, however, the majority of the Supreme Court understood that Canadian electoral law has never been driven by the need to achieve “full parity” in the population of electoral divisions.6 The Court concluded that some degree of variation from parity would be acceptable and, at times, even necessary to achieve effective representation (a concept that will be discussed below). In other words, representation should at least be equitable (that is, fair) when it cannot be mathematically equal. The extent of variation that will be considered acceptable in this review will be 25% above or below the population of what will be called an optimal ward in West Lincoln. This is a rather generous range of tolerance from parity but is based on long-standing parameters for the federal redistribution process and will be discussed again below. The rep by pop principle is a fundamental aspiration in this review but will not be the single priority in the design of wards. b. Protection of communities of interest and neighbourhoods If the representation by population principle (and others in this list) places emphasis on the equitable representation of people, this principle encourages an equitable representation of place. It recognizes that West Lincoln is composed of 6 Reference re: Provincial Electoral Boundaries (Saskatchewan) [1991] 2 S.C.R. 158. This is often cited as the Carter decision. 7 a number of identifiable communities or neighbourhoods and that political representation must be sensitive to them. As such, ward boundaries should not divide traditional neighbourhoods and communities of interest within West Lincoln and should aim to keep each existing settlement area within one ward. Furthermore, rural businesses represent a major economic community of interest within the Township and must be given proper consideration in the design of a ward system, especially in the light of the growth of the urban population of Smithville. Another important question in the application of this principle cannot be ignored: after more than forty years as an amalgamated municipality, to what extent do the three pre-amalgamation townships still constitute meaningful communities of interest for electoral purposes? The present ward system, after all, still uses those pre-amalgamation boundaries. c. Use of natural physical features or natural barriers as boundaries where possible Ward boundaries should make use of permanent features of the natural environment rather than create new, perhaps artificial, lines that may not be easily identified or widely understood by residents. d. Variations in population density One of the realities of human settlement in Canada is that the population is not spread uniformly across the landscape. A key consideration in the reasoning behind the Carter decision (see note 6) was the challenge inherent in designing a system of representation where there are areas of relatively sparse population within the same jurisdiction as areas with comparatively dense population. This principle is an explicit direction to give consideration to this pattern of settlement in West Lincoln and is a reinforcement of the idea that “rep by pop” in Canada is built on relative, not absolute, parity. e. Future population growth projections The implementation of changes to ward boundaries in West Lincoln in 2016 will see proposals for new electoral units based on some empirical certainty about population changes that have occurred since 1970. This principle seeks to have ward designs that do not merely “catch up” with such changes but address the municipalityʼs future by giving some weight to projected population growth within the Township. In other words, it encourages the design of wards that will not be out-of-date the day after they are adopted. 8 f. Development of a ward structure that will accommodate growth and population shifts for at least three (3) Municipal Elections This principle makes the previous one more explicit by establishing a potential timetable for the use of any new wards adopted in 2016. That is, the electoral system should include wards that are able to absorb increases in population without returning to an unacceptable imbalance in ward populations over the next three municipal elections. The principle also implicitly confirms that West Lincolnʼs ward boundaries should be subject to regular reviews (that is, after the 2026 municipal election at the latest but sooner if ward populations become progressively more imbalanced). Ward boundaries are shaped by the size and distribution the Townshipʼs population - a dynamic attribute. As such, this principle recognizes that the “products” of the 2016 ward boundary review will have a limited shelf life, so to speak. g. An effective and equitable system of representation A statement that the guiding principles are presented “in order to provide an effective and equitable system of representation” prefaces the list of specific principles that have just been explained. The various principles on the list are largely directed towards the goal of providing more “equitable” representation. But what is “effective” representation? The concept of effective representation has become an integral part of the evaluation of electoral systems in Canada, dating from a reference taken to the Supreme Court of Canada in 1991 (see note 6). The Court was asked to determine whether the variance in the size of voter populations permitted in legislation for certain types of provincial constituencies in Saskatchewan (in urban, rural and northern areas) infringed on the democratic right found in section 3 of the Canadian Charter of Rights and Freedoms (“Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”). The majority opinion concluded that the “purpose of the right to vote enshrined in s. 3 of the Charter is not equality of voting power per se but the right to ʻeffective representationʼ.” It went on to state that since the purpose of a vote is to be represented in government (and not just to be able to cast a ballot on election day), “to insist on voter parity might deprive citizens with distinct interests of an effective voice in the legislative process as well as of effective assistance from their representatives in their ʻombudsmanʼ role.”7 This may mean that, at times, 7 Reference re: Provincial Electoral Boundaries (Saskatchewan) (1991) at page 37. 9 voter parity may “prove undesirable because it has the effect of detracting from the primary goal of effective representation” and deviations from parity “may be justified on the grounds of practical impossibility or the provision of more effective representation.”8 In the West Lincoln ward boundary review, effective representation will serve as a kind of summary evaluation of wards (and the ward system itself) built around the previous six principles. For example, are the individual wards proposed for West Lincoln plausible and coherent units of representation? Do they provide equitable access to councillors for all residents of the municipality? Are the proposed wards of a size, scale and shape that a representative can serve her or his constituents successfully? In sum, do the wards constitute a system that can be judged to deliver effective representation even if some of the specific principles are only partially successful? h. The composition/size of Council As noted earlier, the report adopted by Council to initiate this ward boundary review included the statement that the “review process may generate discussions and/or a review relating to the composition/size of Council.” This aspect of representation is actually handled in a different part of the Municipal Act from the one dealing with wards. The pertinent parts of Section 217 “authorize a local municipality to change the composition of its council” subject to a number of rules related to the minimum size of council (five members, one of whom shall be the head of council) and methods of election (“the head of council shall be elected by general vote” and the remaining members “shall be elected by general vote or wards or by any combination of general vote and wards.”). The section also prohibits the local municipality from changing its representation on “the council of an upper-tier municipality” in which it is located. Finally, actions taken under section 217 are not subject to appeal to the Ontario Municipal Board (while those taken in relation to section 222 are open to appeal). Like section 222, section 217 of the Municipal Act provides no directions to municipalities for addressing the composition question other than the requirements just noted. There is no consensus or guideline about how large a municipal council should be in Ontario. As such, any decision about establishing the size of West Lincoln Council is entirely at the discretion of that Council based on whatever principles it may wish to apply. Logically, a ward boundary review would follow any decision under section 217 since the initial step would be to 8 Reference re: Provincial Electoral Boundaries (Saskatchewan) (1991) at page 33. 10 determine how many seats are to be filled on West Lincoln Council before designing the basis for doing so. 5. The Process While there is no longer a statutory requirement that electors be involved with a ward boundary review through a public meeting or other activity, consultation is still essential for the review process to be legitimate and successful and will be undertaken in West Lincoln through a number of mediums and forums. The primary goal is to ensure that members of the public are provided with opportunities to offer suggestions and to consider and provide comments on the options presented. The current members of Council should not be seen as having control over the development of alternative systems, although they were interviewed in the early stages of the review process as part of the necessary background research on West Lincoln and on the way the present system works. A dedicated webpage was operational on the Township website from early April with background information about the Review and other resources to assist those who wish to participate in the review in some way. Three consultation sessions will be held, at the following locations: • Caistor Community Centre • Wellandport Community Centre • Township of West Lincoln Council Chambers, Smithville Those in attendance at the meetings will be invited to complete a survey on the present and future ward boundaries for the Township. The same instrument will also be available on the Township website until mid-July. An e-mail address has also been created to allow individuals to convey perspectives on the ward boundary review directly to the consultant at <bwilliams@westlincoln.ca>. Feedback from the community that is collected from those consultations will be used in the development of the final report to go to Council in the fall of 2016. 6. Evaluating the Status Quo a. Preliminary Considerations i. Composition of Council West Lincoln Council considered the option of changing its composition in January 1997 (see note 4) when Council received a staff report on the subject from S. A. Hayden, Director of Corporate Services, in response to initiatives by the Provincial government of the day to encourage local councils “to reduce the number of politicians even if restructuring does not occur within a particular municipality.” Among the options presented to Council were three that each would see the number of Councillors reduced from six to four (taking Council to 11 the minimum size permitted by legislation). Council defeated a motion to adjust the number of wards (to four) and to reduce the size of the council (to four) and instead determined that no further action be taken on the matter. The question has not been placed before Council since that time. The initial consultations and research for this Review have revealed no widespread sentiment to increase or decrease the size of Council from the present seven members (the Mayor and six Councillors). Unless residents express solid and reasoned arguments for a change during the public consultation phase of the review, the ward boundary review will continue on the basis that the present composition of council will be preserved. ii. Wards or At-large? The Municipal Act, as noted earlier, provides the opportunity for a municipality “to divide or redivide the municipality into wards or to dissolve the existing wards.” Like other matters addressed in this Review, there are no conditions or constraints imposed by the Province to help formulate a local decision to “dissolve” wards in favour of an at-large (or general vote) system. Ward systems were frequently established at amalgamation to provide some continuity (as well as softening the change) even though the overall population in many municipalities was relatively small. By 2016, representation by ward is taken to be the norm in West Lincoln but in a comprehensive electoral review like this, it should not be taken as permanent or inevitable. At the risk of oversimplifying the arguments on either side, some important considerations can be noted: In an at-large system (that is, with no wards) certain advantages can be anticipated: • electors have greater choice and flexibility in elections (each voter has the opportunity to consider every candidate in the council election); • electors are able to select the candidates they think will do the best job, rather than having to make a choice among candidates who happen to run in their ward; • residents will have a larger number of councillors to approach with their concerns; • the system promotes the concept of a Township-wide focus, with councillors being elected by and concerned for the Township as a whole, rather than attending to more parochial interests; • the likelihood of acclamations is reduced. Some disadvantages can be anticipated in an at-large system: 12 • • • • • • • candidates must campaign across the entire municipality; this may make cost of a campaign prohibitive (especially for newcomers); there would be no designated voices for particular communities or neighburhood (can [should?] all councillors be well-informed about all “neighbourhood” issues?); candidates who appeal to areas where voter turnout highest tend to be elected disproportionately; at-large elections can lead to significant communities of interest and points of view being unrepresented (or underrepresented); the system can lead to councillors being relatively inaccessible for residents of some parts of the Township; the format can lead to confusion of responsibilities and duplication of effort on the part of councillors (everybody on Council represents everybody in the municipality); large numbers of candidates on the ballot can be confusing for voters. Whatever the merits of an at-large format for electing Councillors, such a system would make it difficult to protect the distinctive communities of interest within West Lincoln Township - especially as the urban-rural population ratio continues to change over the next few years. Unless residents express solid and reasoned arguments for a change to an at-large system during the public consultation phase of the review, this review will assume that West Lincolnʼs council will continue to be elected in wards. iii. One-Member or Two-Member Wards West Lincolnʼs Council has operated on a two-member model since amalgamation in 1970. By now it is “the natural way” to think about representation in the Township. However, the January 1997 composition of council report (see note 4) and motions placed before Council at that time not only proposed a reduction in the absolute number of Councillors, but also envisioned four single-member wards. The idea of single-member wards was also raised in interviews with elected officials in April. The choice between two-member and one-member wards reflects certain expectations and understandings about how representation works. Each councillor is “responsible” for all residents of a ward whether there are two councillors elected or only one. Even so, defenders of two-member wards normally frame their assessment in terms of sharing workload between the two councillors: residents have more than one person to contact, one councillor can cover for the other when one is unavailable and the ward has two voices to be heard on matters of importance to the ward. Critics of the system suggest that it often leads to duplication of effort (citizens may contact both councillors about an issue and each one engages staff in pursuing the matter) or that political realities (that is, re-election) eventually turn many ward colleagues into rivals. In some 13 cases, the two voices may not always agree on what is best for the Ward or the municipality, effectively cancelling out one anotherʼs vote. Most defenders of the single-member system frame their assessment in terms of accountability: at election time, electors have one person to focus on for praise or blame. There is no buck-passing or “free riding.” On the other hand, there is a greater possibility of acclamations with only a single seat to fill. The pertinent point here is that opting for one model or the other is an acceptance of the strengths and weaknesses inherent in each one. There is no “right” or “wrong” format to elect councillors. One practical consideration, however, tilts the balance towards retaining twomember wards in West Lincoln: the scale and distinctiveness of Smithville within the Township. That is, can the six guiding principles for the review still be met while either incorporating the population of Smithville into a single one-member ward or by carving Smithville in half to make two plausible one-member wards? Either choice is probably significantly weaker than models based on two-member wards. Once again, unless residents express solid and reasoned arguments for a change to one-member wards during the public consultation phase, this review will assume that West Lincolnʼs council will be elected in two-member wards. iv. Population Figures The starting point for the Carter case was the interpretation of a citizenʼs right to vote. The written Court decision itself, though, shifted the focus to the concept of representation, a relationship that does not just apply to citizens or electors but to all residents. Furthermore, since 1867, federal electoral redistributions have been tied to the Census, a measurement of the overall population not of citizens. On these grounds, among others, ward boundary reviews should be built upon population figures, not the number of electors. However, It has proven to be difficult to obtain reliable up-to-date population figures for West Lincoln. The most recent independent source for population data is the 2011 Census of Canada, which is a flawed foundation for this purpose for a number of reasons, not the least being the accuracy of data that can be attached authoritatively to small (and especially rural) geographic areas. Requests were made to Niagara Region planning staff for assistance in compiling data that can be associated with the present wards as well as the Options that appear later in this report. It was necessary to work with what are called 14 Dissemination Blocks9 to come up with an estimate of the population in 2011 and these are the population figures used here. The 2016 Census took place while this Report was being prepared but fresh population data will not be available for this WBR; in any case, it is highly likely that it will confirm the long-term population growth patterns. In passing, it can be confirmed that elector counts from the 2014 municipal election closely parallel the pattern that emerges from the overall population figures reported in the next section.10 b. Applying the Principles to the Present Wards The next section of the report will apply the guiding principles to the present ward configuration both to illustrate the application of the guiding principles and to help assess the continuing viability of the status quo. Map 1 showing the present wards and their estimated 2011 populations is provided below for reference. Map 1: Township of West Lincoln Wards and Population 9 Dissemination Blocks are geographic areas used by Statistics Canada to collect population and dwelling counts in the Census that are then aggregated for other purposes. An explanation of Dissemination Blocks is provided at https://www12.statcan.gc.ca/census-recensement/2011/ref/dict/geo014-eng.cfm 10 Clerkʼs Report RFD-C-02-2016 (January 18, 2016), page 3. 15 Representation by population To determine whether the present wards meet the “rep by pop” principle, a simple code can be applied to establish how close to optimal each ward is, as shown in the following table: Representation by Population Codes Label Description Code OR+ Greater than 25% above the optimal size O+ Outside the Range: Above Above Optimal O Optimal Within 5% above or below the optimal size O- Below Optimal 6% to 25% below the optimal size OR- Outside the Range: Below Greater than 25% below the optimal size 6% to 25% above the optimal size Based on the last definitive figures available (the 2011 Census), West Lincolnʼs population was estimated at 13,837; with three wards, the optimal size of a ward would have been 4,612 with a generous range of variation between 3,459 and 5,765 to take account of population density and clustering. In the chart below, the third column shows the variance between each present ward and that optimal value and the fourth column is the code that describes the relationship to that optimal value (as just discussed). Ward One Two Three Total Population Variance in Present Wards Population Optimal Variance Code (2011) Population 2,840 4,612 0.62 OR4,412 4,612 0.96 O 6,585 4,612 1.43 OR + 13,837 Clearly these data confirm that distribution of population across the three wards is not balanced and that two of the wards fail to meet the “rep by pop” principle, one over the range and one under the range. This is not a defensible situation and would not likely be tolerated as an acceptable distribution of population in an Ontario Municipal Board hearing. Protection of communities of interest and neighbourhoods The present ward system in West Lincoln does not divide any of the many small hamlets spread across the Township. Even the former rural cluster at Winslow, sitting along the former Caistor-Gainsborough township boundary (the present 16 Ward One – Ward Two boundary) appears to be entirely in Ward 2. The major exception is Smithville: most of the community is located in Ward 3 but the growing Alma Estates residential area is located in Ward 2. As well, despite the broad similarity of agricultural enterprises across the Township, rural interests are significant in the three wards but are divided into three parts. Use of natural physical features or natural barriers as boundaries where possible There are few natural features that could have served as ward boundaries in West Lincoln, although a portion of the old South Grimsby-Caistor boundary followed Twenty Mile Creek and has served as a ward boundary since amalgamation. Given the rather meandering nature of Twenty Mile Creek on the west side of the Township, this natural feature has actually proven to be confusing boundary to candidates and residents. The wards are largely bounded by road delineations that have become almost “natural” because of their historic status (the very names attached to CaistorGainsborough Townline and the Townline Road section of Twenty Mile Road embody these customary perspectives). Variations in population density This principle indirectly addresses the diversity of residential patterns across the Township – from active agricultural areas with low population density spread over a large area to several small- to moderate-sized residential settlement areas (less than 500 people) to the growing concentration of suburban life-style neighbourhoods in Smithville. However, the present wards do not accommodate variations in population density. The current ward boundaries treat all of these types of communities the same way – the norm is a large sparsely populated rural area surrounding population clusters of varying sizes. There is no question that agriculture is a significant part of the West Lincoln identity and its prosperity but this should not override the legitimate expectation that the urban concentration should also be included in solving the representation puzzle. Future population growth projections Every population analysis covering the last twenty years or more and every forecast for West Lincoln for the next twenty years identifies Smithville as the undisputed driver of population change. It is not inconceivable that as much as 90% of the growth in West Lincolnʼs population by 2026 will go to the present Ward 3 and that by 2031 more than half of the Townshipʼs population will reside within the Smithville urban boundary as presently defined. As observed already, leaving the present wards in place during this growth will not see the system of 17 representation correct itself. The present wards do not meet the population growth principle. Development of a ward structure that will accommodate growth and population shifts for at least three (3) Municipal Elections With a disproportionate concentration of West Lincolnʼs forecast growth in Smithville over the next ten years, it is highly improbable that the present ward configuration can be justified in principle as the basis for electing West Lincolnʼs council for the next election – let alone the next three. An effective and equitable system of representation The assessment provided so far demonstrates conclusively that West Lincolnʼs present ward system is not equitable. But is it effective? The present Ward 3 is not a coherent unit of representation in the sense that it combines the Townshipʼs major population centre with a sizeable rural area. Depending on the participation of electors in Smithville in subsequent elections, the effective representation of this segment of West Lincolnʼs rural voice will be routinely weakened. Rural residents in the present Ward 3 have more in common with the residents of Ward 1 than with the majority of the present Ward 3 population. Future population growth in the Alma Estates area is not likely to surpass the rural population of Ward 2 but will in time have an impact on the coherence of the ward. These features are beginning to hamper effective representation in West Lincoln today. Access to municipal representatives is partly related to population numbers but also to the scale of the wards: maintaining personal contact with elected officials is more manageable for the majority of residents in the present Ward 3 than in the other two wards. In the two predominantly rural wards, personal access is inherently different because of the distances involved and the lower population density. However, not only are both Wards 1 and 2 significantly larger than Ward 3, Ward 2 is about twenty percent larger in area than Ward 1 and home to a third as many more people. This combination weakens effective representation for about one third of the Townshipʼs population. Summary Assessment: Present Wards Guiding Principle Population Community of Interest Natural Boundaries Variations in Density Population Growth Three Election Effective Representation Meets Expectations? No Mixed No Mixed No No Mixed 18 7. Some Alternatives A successful ward system design will be one that offers a combination of features consistent with the guiding principles. It is also possible to have more than one design that will capture a satisfactory balance of these principles. Four Options are provided here for consideration as alternatives to the present ward system. Conceptually, each is a two-member three-ward design and each includes a proposed Ward 3 based on the Smithville urban boundary and some territory surrounding it, plus two largely rural wards containing several small settlement areas. There is an implicit over-representation of the rural areas of West Lincoln that inevitably results from a three-ward configuration. No boundaries encroach on established settlements and most follow familiar roadways. This arrangement can create occasional “community of interest” inconsistencies where neighbouring homes or businesses facing each other may be in different wards but it is “cleaner” than trying to use, for example, property lines. The natural features principle is not applicable as usually understood. There are four primary features that may be tweaked within a single proposed Option or blended into a new variation that could be consistent with the guiding principles. • First is the western boundary of Ward 3 that in Options A, B and C begins at Grimsby Centre and ends somewhere along Sixteen Road. In Option D the western boundary uses South Grimsby Road 8 but ends in the same general area. • The second is the southeastern boundary of Ward 3 that follows Paterson Road and the present Ward 2 – Ward 3 boundary in Options A, B and C to the West Lincoln-Lincoln municipal boundary and the Option D version that uses Regional Road 27 to Twenty Mile Road and on to the West LincolnLincoln municipal boundary. • The third feature is the proposed boundary between Wards 1 and 2 that maintains the present boundary along the Caistor-Gainsborough Townline in Options B and D or shifts it west to Smithville and Church Roads or east to Port Davidson Road in Options A and C respectively. • Option D proposes a rural corridor to the north of Smithville at Young Street but such an arrangement involves trading off the inclusion of those rural residents in an urban-dominated ward (as in Options A, B and C) or adding territory to a rural ward that is not obviously connected to the rest of the ward. Clearly moving any of these particular lines will have some impact on the distribution of population among the three wards and possibly on the capacity of the ward to provide effective representation. However, the specific lines used for 19 boundaries are secondary to the selection of a design that best meets the guiding principles. In the summary evaluations that follow, an Option that includes any ward outside the range of variation is normally considered to have failed categorically to meet the population principle. As it turns out, all four Options have failed to meet the “rep by pop” principle to some degree. A more flexible evaluation is obviously necessary to evaluate these proposed Options in West Lincoln. 20 i. Option A Map 2: Option A Proposed Wards and Population Estimates Ü Township of West Lincoln Ward Boundary Review - OPTION 'A' N.T.S. Ward Three Population = 6016 Ward One Population = 4010 Ward Two Population = 3811 Legend Option A - Proposed Ward Boundaries Smithville Urban Boundary Road Network May 2016: The Township of West Lincoln The information depicted on this map has been compiled from various sources and is for illustrative purposes only. Features: • Two proposed rural wards reasonably balanced in area and population • Proposed Wards 1 and 2 coherent, proposed Ward 3 predominantly urban • Generous rural zone surrounding Smithville • Estimated population of proposed ward 3 above acceptable range of variation • Boundary lines irregular 21 Ward One Two Three Population Variance in Wards - Option A Population Optimal Variance Code (2011) Population 4,010 4,612 0.87 O3,811 4,612 0.83 O6,016 4,612 1.30 OR+ 13,837 Summary Assessment: Option A Guiding Principle Meets Expectations? Population No Community of Interest Yes Natural Boundaries N/A Variations in Density Yes Population Growth No Three Election No Effective Representation Yes 22 ii. Option B Map 3: Option B Proposed Wards and Population Estimates Ü Township of West Lincoln Ward Boundary Review - OPTION 'B' N.T.S. Ward Three Population = 5919 Ward One Population = 4483 Ward Two Population = 3435 Legend Option B - Proposed Ward Boundaries Smithville Urban Boundary Road Network May 2016: The Township of West Lincoln The information depicted on this map has been compiled from various sources and is for illustrative purposes only. Features: • Two proposed rural wards unbalanced in population • Proposed Wards 1 and 2 coherent, proposed Ward 3 predominantly urban • Generous rural zone surrounding Smithville • Estimated populations of two proposed wards narrowly outside acceptable range of variation • Old Ward 1 – Ward 2 boundary retained; proposed Ward 3 boundary lines irregular 23 Population Variance in Wards - Option B Population Optimal Variance (2011) Population One 4,483 4,612 0.97 Two 3,435 4,612 0.74 Three 5,919 4,612 1.28 13,837 Ward Code O OROR+ Summary Assessment: Option B Guiding Principle Meets Expectations? Population No Community of Interest Yes Natural Boundaries N/A Variations in Density Yes Population Growth No Three Election No Effective Representation Yes 24 iii. Option C Map 4: Option C Proposed Wards and Population Estimates Ü Township of West Lincoln Ward Boundary Review - OPTION 'C' N.T.S. Ward Three Population = 5914 Ward One Population = 4845 Ward Two Population = 3078 Legend Option C - Proposed Ward Boundaries Smithville Urban Boundary Road Network May 2016: The Township of West Lincoln The information depicted on this map has been compiled from various sources and is for illustrative purposes only. Features: • Two proposed rural wards unbalanced in area and population • Proposed Wards 1 and 2 coherent, proposed Ward 3 predominantly urban • Rural zone south of Smithville restricted • Two ward populations outside acceptable range of variation • Boundary lines generally clear 25 Population Variance in Wards - Option C Ward Population Optimal Variance Population One 4,845 4,612 1.05 Two 3,078 4,612 0.66 Three 5,914 4,612 1.28 13,837 Code O OROR+ Summary Assessment: Option C Guiding Principle Meets Expectations? Population No Community of Interest Yes Natural Boundaries N/A Variations in Density Yes Population Growth No Three Election No Effective Representation No 26 iv. Option D Map 5: Option D Proposed Wards and Population Estimates Ü Township of West Lincoln Ward Boundary Review - OPTION 'D' N.T.S. Ward Three Population = 5739 Ward One Population = 4599 Ward Two Population = 3499 Legend Option C - Proposed Ward Boundaries Smithville Urban Boundary Road Network May 2016: The Township of West Lincoln The information depicted on this map has been compiled from various sources and is for illustrative purposes only. Features: • Two proposed rural wards unbalanced in area and population • All wards relatively coherent (exception: proposed Ward 1 north of Smithville) • Modest rural zone surrounding Smithville • Estimated ward populations within range on available 2011 data but proposed Ward 3 probably already outside acceptable range of variation • Boundary lines clear 27 Ward One Two Three Population Variance in Wards - Option D Population Optimal Variance (2011) Population 4,599 4,612 0.99 3,499 4,612 0.78 5,739 4,612 1.24 13,837 Code O OO+ Summary Assessment: Option D Guiding Principle Meets Expectations? Population Yes Community of Interest Yes Natural Boundaries N/A Variations in Density Yes Population Growth No Three Election No Effective Representation Yes 28 8. Conclusions This Discussion Paper has provided an overview of the 2016 Ward Boundary Review in West Lincoln, including an explanation of the guiding principles that are to be considered in assessing the present wards and any alternatives. The consultantʼs assessment suggests that if the present ward design was proposed today, it would not meet those guiding principles and it would be difficult to defend before the Ontario Municipal Board as an equitable and effective system of representation. The consultant has therefore developed four Options for consideration by residents. Each one assumes that West Lincoln will continue to have six Councillors elected in two-member wards, although these assumptions may be open to re-consideration if citizens express solid and reasoned arguments to change any of them. The primary purpose of the three consultation meetings and other feedback methods will be to address the approaches to representation found in the four Options. No single Option meets all of the principles completely so those participating in the review are encouraged to start their personal evaluations at the “high level” and to consider the representation principles implicit in these Options before zeroing in on the actual lines on the maps. Feedback collected in this phase of the Review will be used in the development of the final report to go to Council in the fall of 2016. RJW 29 Appendix A Guiding Principles The Ward Boundary Review Study should be conducted in consideration of the following principles in order to provide an effective and equitable system of representation: • representation by population, • protection of communities of interest and neighbourhoods, • use of natural physical features or natural barriers as boundaries where possible, • variations in population density • future population growth projections, • development of a ward structure that will accommodate growth and population shifts for at least three (3) Municipal Elections (2018, 2022, 2026). Source: Clerkʼs Report RFD-C-02-2016 (January 18, 2016) Appendix B Dr. Robert J. Williams is an independent consultant specializing in municipal electoral systems. Since 2008 he has undertaken reviews himself for Kitchener, Markham, Milton, New Tecumseth, Oakville, Whitchurch-Stouffville, and Windsor. He has also worked in conjunction with Watson and Associates on reviews for Pelham, Barrie, Bradford West Gwillimbury, Clearview and Gravenhurst. They are currently collaborating on ward boundary reviews in Hamilton, Milton, Georgina and Severn. Dr. Williams has also been an advisor to Municipal Clerks or citizens on ward boundary matters in Wilmot, Brantford, East Gwillimbury, Kingston, Georgian Bay, Kearney, and Killarney. He has served as an expert witness before the OMB hearings on ten occasions. In 2010 he was engaged by the Nova Scotia Utilities and Review Board to prepare reports in relation to the appropriate size of councils in Halifax and Cape Breton Regional Municipalities. Dr. Williams is a Professor Emeritus of Political Science, University of Waterloo.