February 5, 2014

Via Regular Lettermail

His Worship Mayor Ron Eddy
County of Brant
26 Park Avenue
P.O. Box 160
Burford, ON NOE 1AO
Dear Mayor Eddy:
B
OFFICE OF THE MAYOR
Re: City I County Municipal Restructuring Discussions with the Provincial
Development Facilitator
I set out below the key milestones with respect to the above-noted matter.
At its May 13, 2013 Corporate Development Committee meeting, County Council
adopted a Resolution by way of which the Provincial Development Facilitator (the
"PDF") and the City would be notified about the County's willingness to commence
discussions, with the assistance of the PDF, in respect of City I County municipal
restructuring based on a series of fundamental principles, which were subject to final
approval on May 21, 2013.
By way of acknowledging the foregoing and based on the recommendations of the
City's Chair and Members of the City I County Strategic Growth Negotiations Task
Force (the "Task Force"), City Council, on May 21, 2013, reiterated its desire to proceed
with the said discussions and further resolved to: (i) have the Council-appointed
representatives on the Task Force continue in their role for meetings with the PDF; and
(ii) add selected City staff, or their designates, as staff representatives to the Task Force
for meetings with the PDF.
At its May 21, 2013 Corporate Development Committee meeting, County Council
moved final approval of the Resolution and fundamental principles adopted on May 13,
2013, which Resolution the County forwarded to the PDF under cover of a letter, dated
May 24, 2013.
The discussions amongst the members of the Task Force, as assisted by the PDF,
commenced in Brantford on August 7, 2013. The discussions had as their basis a set of
mutually-agreed upon principles, and were governed by the August 6, 2013 Terms of
Reference established by the PDF. The role of the PDF, as set out in the Terms of
CHRIS FRIEL, MAYOR City Hall , 100 Wellington Square, Brantford, ON N3T 2M3 P.O. Box 8 18, Brantford ON N3T SR?
Phone: (5 19) 759-4 150 Fax: (5 19) 75 1-7109 email: chrisfriel @brantford.ca www.brantford.ca
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Reference, was to, among other things, "help the parties identify common ground and, if
possible, find a mutually acceptable agreement to bring forward to each municipality's
respective Council."
The discussions concluded with the Task Force arriving at a "mutually acceptable
agreement" in the form of a Letter of Intent (the "LOI"), which both you and I signed on
October 24 and made official on October 28, 2013. Pursuant to the Terms of
Reference, the City representatives on the Task Force laid the LOI before Council
during a Special Council meeting held on October 28, 2013. Following its consideration
of the LOI, City Council resolved to, among other things, approve the LOI and direct the
Chief Administrative Officer to undertake any and all necessary actions to implement
the LOI, including the development of a restructuring proposal for consideration at a
public meeting to be held pursuant to the relevant provisions of the Municipal Act, 2001.
At the same time, County Council resolved, on October 28, 2013, that the LOI first be
presented to the public for consultation, which consultation was to include citizens of the
County of Brant, First Nations and other key stakeholders. Thereafter, the County held
joint open houses and public consultation meetings on November 13 and 14, 2013,
respectively. On November 26, 2013, the County's General Manager of Corporate
Services laid before County Council a report summarizing the results of the County's
public consultation process. The report's sole recommendation was "[t]hat the
comments received through the public consultation process regarding a Proposed
Boundary Adjustment be received and referred for consideration during Council's
discussion on the Letter of Intent." Of course, after considering the General Manager's
report, Council voted in favour of deferring consideration of the LOI for one (1) cycle in
order to undertake consultations with Six Nations Elected Council.
As you know, when the LOI was tabled for consideration during the December 19, 2013
Committee of the Whole meeting, County Council resolved that the County "request that
the Council of the City of Brantford continue to negotiate towards a mutually agreeable
amendment to the City I County Boundary." To date, the City has received no such
request. Whereas in its December 19, 2013 Resolution, County Council expressed its
commitment to "continuing with negotiations in a timely fashion towards an amendment
to the City I County Boundary that is agreeable to all parties," it has not, since then,
taken any positive steps towards fulfilling that commitment. Indeed, it is my
understanding that the education session in respect of the LOI, which County Council
had planned to hold in early January 2014, was cancelled due to a lack of quorum.
That session has not, to date, be rescheduled. What is perhaps more concerning is that
County Council has moved to terminate the membership of its Council and staff
representatives on the Task Force. That move, in my opinion, makes the resumption of
negotiations difficult at best, and renders the County's commitment hollow at worst.
Given all of the foregoing, I hereby respectfully request that you, as Mayor of Brant
County and head of its Council, take the steps necessary to have your Council vote on
the LOI, and render a decision in the affirmative or the negative by no later than the end
of February 2014. Should County Council fail to render its decision by that date, I fully
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intend to take the steps to advance my Council's Resolution of December 2, 2013,
which, as you know, authorizes me, in co-ordination with the City representatives on the
Task Force, to "take any and all action with the Province of Ontario necessary to
complete the boundary change between the City of Brantford and the County of Brant."
Yours truly,
CF/sg
cc: City Council Representatives on the City I County Strategic Growth Negotiations
Task Force
Ted Salisbury, Chief Administrative Officer