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The Public Record Email Edition for Wednesday, February 1, 2023 – TPR Hamilton | Hamilton's Civic Affairs News Site

February 2, 2023
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More on this directly below in this newsletter’s exclusive column.
Thank you to everyone for your emails responding to past newsletters.
Our conversations help me provide better journalism.
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The City of Hamilton’s collective agreements expired on December 31, 2022.
Obviously, the unions will seek inflationary wage increases, movements on benefits, and protections against privatization.
The City’s 2023 budget appears to have 3.5 percent built-in for wage increases. [Officially, this figure is confidential and my calculation is an educated estimate.]
Annual average inflation, as measured by the Consumer Price Index, is at 6.8%.  It is doubtful the City’s union will accept 3.5%.
Council only has until November 19 to get sign new deals.
Why November 19? Hamilton hosts the Grey Cup on that day.
Approximately 3450 City workers, represented by CUPE 5167, and 800 HSR employees, represented by ATU 107, will be in a legal strike position by November.
Hamilton does not want to be hosting the country with emergency garbage dumps visible from the stadium.
Let’s rewind to 1996’s Grey Cup in Hamilton.
The game is, thankfully, remembered for the snow, not the bus strike in the days that nearly disrupted it.
With only one week until the big game, Hamilton’s HSR workers went on strike.
Facing the embarrassment of hosting a Grey Cup without bus service, the Region of Hamilton-Wentworth Council quickly caved.
The six-day strike ended just in time for the Grey Cup parade.
The Region gave HSR workers a two-year sweetheart deal.
The union got nearly everything they wanted and a $1000 signing bonus to get buses back on the road. [$1717 inflation-adjusted to today]
The signing bonus was greater than a week’s salary. The top-paid bus operators made around $800 per week at the time.
Two years later, in 1998, the Region held the line on HSR wages and benefits, offering three percent on wages, and no concessions on other union demands.
A 12-week strike followed. In the end HSR workers gained little, 20 cents per hour.
Former Hamilton Mayor (1976 – 1980) Jack Macdonald summarized the cost to ATU union members in TheSpec on January 27, 1999:
“Drivers have lost 12 weeks pay at about $800 for a 40-hour week. In return for a $9,600 loss over 12 weeks, they gained about a further 20 cents an hour beyond the three-per-cent offer. In about 28 years, they will recover their loss.”
This is a cautionary tale for Hamilton’s unions that a single kick-return touchdown does not win the game on its own.
IMAGE: An emergency garbage collection point in Toronto’s Christie Pits Park during that City’s 2009 city workers strike.
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Staff budget presentations continue as the new Council ride along as the 2023 budget process unfolds.
New Council has little opportunity to adjust the budget, and this is a point of frustration for them at times.
They continue to make motions for staff reports on matters they want to change. This indicates we will see many mid-year changes to the budget.
On Monday (Jan 23), Council heard the budget presentations from General Manager of Finance & Corporate Services Mike Zegarac and General Manager of Planning and Economic Development Jason Thorne.
On Tuesday (Jan 24), General Manager of Public Works Carlyle Khan presented the PW budget. Transit dominated.
Wednesday’s (Jan 25) Council ratified all the decisions I noted in last Monday’s newsletter except for two items.
Thursday (26th), General Manager of Healthy & Safe Communities Angela Burden presented.
Councillors discussed the golf courses within the recreation portfolio, foreshadowing future discussions about the capital spending required to modernize the facilities.
Not much to note, beyond questions confirming the courses are not revenue self-sustaining. [No recreation portfolio is,]
Councillors discussed various ideas to increase funding for affordable housing, especially support to non-profit and charitable providers.
Friday (27th), Council went into closed session for training related to the Municipal Freedom of Information and Protection of Privacy Act.
The vote to enter into closed session was 7-3.
I wrote an editorial explaining why I agree with the decision to conduct this training in closed.
However, in the future, Council needs to demand separate training for confidential matters instead of allowing staff to mix public and confidential matters.
Tiny Homes – Spinning the Wheels of Indecision
The HATS tiny shelters project will not happen this winter, following Council voting to restart the due diligence process and site selection.
New Council is being rightfully criticized for their decision. There are justifiable questions about the project – which could’ve been asked in the past.
There is also the reasonable question of if HATS is a best use for allocating limited resources to address homelessness.
The rightful criticism is that many of our new councillors stated their support for HATS during the recent municipal election, that they promised immediate action on homelessness, and now that they are in office, they are spinning their wheels like a bus in a snow storm.
Here’s how Ward 9 Clr Brad Clark put it at Council:
“I’m so upset and disappointed that what we have done to the HATS group is we have spun them in circles. Send them away, do this. They come back. They’ve done it. Oh, that’s not right. Send them away. Again, they come back. That’s not fair.”
Clark noted, “every single time we find a site, there is going to be an explosion of opposition from local neighbours and residents.”
The question Council is not answering: Do they actually support HATS?
Comprehensive Report on “Ending Homelessness” Coming for March 23
At the end of the HATS discussion, General Manager of Healthy and Safe Communities Angela Burden told Council:
“We have a comprehensive report on ending homelessness, which is planned to come forward for March 23.”
Online Voting for 2026?
The City puts aside money each budget year to pay for general municipal elections every four years.
The 2023 budget adds $153,800 to the election budget to potentially fund online voting, if Council decides to add this as an option.
Ward 5 Clr Matt Francis asked if online voting is proven to increase voter turnout.
Many Ontario municipalities experienced record-low turnout in 2018. Voter turnout plummeted.
Hamilton’s decrease was less than average, dropping to 35% from 38%. (2014’s 34.0% turnout is Hamilton’s record low.)
Traditionally, “change elections” drive a significant increase in turnout. Hamilton’s “change election” may explain why our turnout decrease was lower than in other places. [The provincial election in June also saw record lower turnout]
Will online voting help? The academic research is ongoing. Brock University prof Nicole Goodman‘s research is insightful.
Her research study of the 2014 Ontario municipal elections “results show internet voting can increase turnout by 3.5 percentage points.”
Dr. Goodman notes, “Our estimates suggest that internet voting is unlikely to solve the low turnout crisis.”
Dr. Goodman’s 2018 research paper, Reducing the Cost of Voting: An Evaluation of Internet Voting’s Effect on Turnout, is open access.
HSR “Metamorphosis” Plan Coming in “Late Q2 / Early Q3”
HSR Director Maureen Cosyn Heath says she is “bringing forward to council in late Q1, early Q2, the metamorphosis Renvision work done thus far,” and the HSR will have a complete overhaul of its over 100-year-old bus route grid.
“It is a brand new network redesign, built off of a blank page,” she told Council.
The new system will be “hub based” with major employment nodes a focus.
[The City’s senior management decided not to hold a transit budget meeting day this year.]
During last week’s budget deliberations, Ward 10 Clr Jeff Beattie asked what it will take to extend HSR service to the Casablanca GO bus stop in Grimsby.
The 2023 HSR budget includes beginning bus service to the Fifty Road commercial plaza in September.
Area Rating Debate Coming Feb 21
GM of Finance and Corporate Services Mike Zegarac says, “we’re targeting an area rating report” for a February 21 Council budget meeting day.
City Wins Injunction Against Flamborough Soil Dumping
The City gained a Superior Court Injunction to stop soil dumping at 1802 Regional Road 97 in Flamborough. Soil fill is being trucked into Hamilton and dumped at the site, contrary to Hamilton’s bylaws which prohibit the import of fill soil from other municipalities.
With the injunction, the City can request Hamilton Police enforce against trucks trying to enter the property to dump soil.
The City has ongoing enforcement litigation in front of the Superior Court, which will be the subject of a future hearing.
City to Negotiate with Dr. Bob Kemp Hospice for Land Sale in Dundas
Council approved the following:
“That Dr. Bob Kemp Hospice be granted permission to explore the possibility of acquiring the vacant surplus lands at 41 South St. W (rear), Dundas (the “Subject Site”), including conducting due diligence on the viability and development potential for the proposed “Campus of Care”, and be required to undertake public engagement and consultation toward the potential opportunity, all at its sole cost and expense.”
The lands are part of the Wentworth Lodge property.
New Associate Medical Officer of Health Dr. Brendan Lew
Council approved a new associate medical officer of health on Wednesday.
Dr. Brendan Lew will (pending provincial rubber stamp) become Hamilton’s second Associate Medical Officer of Health on July 1, 2023.
Dr. Lew is presently a resident doctor at Hamilton Public Health Services. His appointment is effective upon the end of his residency.
Retaining Dr. Lew is a win for the City of Hamilton. Recruiting medical doctors is challenging.
Hamilton Public Health’s residency program is successful at training doctors who go on to become Medical Officers of Health in other municipalities.
Dr. Lew will fill the vacancy created when Dr. Ninh Tran was appointed MoH for Oxford-Elgin-St. Thomas.
Working to Make Walking / Bicycling to School Safe for Kids
Council passed a motion for staff to report if ward councillors can use their discretionary funds to support the Daily School Route project.
The project seeks to create the conditions for children to safely use active transportation to and from school.
The motion was a response to an unaffiliated letter on the Board of Health agenda from Sudbury’s Medical Officer of Health respecting Physical Literacy for Healthy Active Children.
Illegal Demolition at 188 Cannon Street East
The owner(s) of 188 Cannon Street East began demolishing the buildings on their properties without a valid demolition permit last week. CHCH reported the story first.
A neighbouring resident shares photos of debris in their backyard from the partial demo, in response to my tweet.
The City has issued a stop work order.
The lands are listed for sale, asking price: $4,300,000.
We’ll have to see if the City issues any meaningful fines this time.
24 King Street West (Dundas): Municipal Heritage Concern
Hamilton’s Municipal Heritage Committee added 24 King Street West, Dundas, to their list of heritage concerns due to the building being for sale.
The Committee is concerned because the building has no legal heritage status or protection.
[The reality of lot sizes and location means it is impractical to demolish the building. If there were to be any future changes, they’d be similar to what has occurred in the Downtown Hamilton King Street East International BIA where non-visible upper-level residential additions are common.]
Hamilton Bulldogs, soon to be the Brantford Bulldogs
With the planned two-year renovation of Copps Coliseum, the Ontario Hockey League Hamilton Bulldogs are moving to Brantford to become the Brantford Bulldogs.
The City of Brantford outlines its planned financial support to the team.
No municipal sports subsidy is complete without claims of massive economic impact and that a minor sports team “will also serve to significantly elevate the City’s profile nationally and internationally.”
Who knows, maybe Stephen Colbert will take an interest in the OHL again.
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At Hamilton’s Design Review Panel
DRP Supportive, with reservations, of Delta Secondary Redevelopment
January’s Design Review Panel meeting reviewed plans for 900 plus residential units to be built on the site of Delta Secondary School. The panel was supportive overall of intensification along the LRT line.
They had two areas of concern: a lack of contribution to the public realm and a lack of spacing between the three planned mid-rise buildings.
DRP’s Chair David Clusiau noted Hamilton’s Tall Building Guidelines require tower separation, to which the developer’s agent noted that tall buildings are defined as greater than 44 metres and the Delta buildings are not that tall.
Clusiau responded, “you have gone to the very top of the area where you would. If you went another millimetre over, then yes, you would immediately suddenly have to double your width.”
Full story with further details on TPR here.
Photo: Developer’s render from City planning file.
February DRP Meeting: 1866 Rymal Road East
An eight-storey mixed-use retirement home with a daycare and ground-level commercial is being proposed for 1866 Rymal Road East, across from Bishop Ryan Secondary School.
It is just the latest mid-rise proposal along the rapidly intensifying Rymal Road corridor.
DRP will review the file on Thursday, Feb 9, beginning at 1:30 p.m.
The public will be able to view the meeting via WebEx webinar.
More on the application on TPR here: Hamilton Design Review to Discuss Eight Storey Proposal for 1866 Rymal Road East
Under Construction (Finally)
Queenston Traffic Circle CityHousing
Three municipal elections later, the promised CityHousing mid-rise at the Queenston Traffic Circle is under construction.
The foundation permit was issued last week, Invizlj Architects posted to their Facebook page on Friday.
At the Ontario Land Tribunal
140 Garder Road East Wetlands Hearing Now in October
The owners of 140 Garner Road East are asking the Ontario Land Tribunal to overrule the Hamilton Conservation Authority and allow for the relocation of a wetland.
The application was denied by the HCA Board of Directors in a close vote, despite having the full support of then-HCA Chair City Councillor Lloyd Ferguson.
Environmental Defence intervened and was granted full party status.
The appeal hearing begins on October 2, 2023, and runs for “15 consecutive days, not including October 9, 16, and weekends.”
Video conference info in the OLT’s procedural order.
860 & 884 Barton Street, Stoney Creek
Losani Homes is appealing for non-decision “to change the zoning in order to retain an existing dwelling and permit the development of 324 multiple residential units in the form of maisonette townhouses, standard towns, and stacked townhouses.”
Two themes out of this hearing: the City’s lawyers are overworked, and the province making the OLT less friendly for the public.
An ongoing challenge at OLT is the workload of the City’s two planning lawyers. Both of them are excellent at their jobs and hardworking. They are meeting deadlines to file documents and submissions, but with heavy workloads, they often push right to the deadlines. This causes challenges for the Tribunal and other parties.
During Wednesday’s hearing, the lawyer for Losani Homes noted they were still working with the City up to the night before and needed time to review documents the city lawyer prepared for both parties.
Nancy Smith of Turkstra Mazza emphasized she trusts the city lawyer. She sought a week to review documents before the Tribunal issues the final procedural order for the planned seven-day hearing in July.
Bruce Krushelnicki, Ph.D., wrote the book on the Ontario Municipal Board, literally, his 2003 “A practical guide to the Ontario Municipal Board.”
In the book, he describes the defunct Board’s efforts to ensure lay people could “present their own case by simply ‘telling their side of the story’ to the Board in their own words.”
Krushelnicki would become the OMB’s Executive Chair and presided over changes to address how “Over the years, Board hearings have gained some notoriety for their length, complexity and costs to the parties and government” and less welcoming of the public.
Under the rules changes of the Ontario Conservative government, laypeople are now limited to written statements to the Tribunal. On paper, laypeople can request Party Status, which is onerous and impractical.
This is not to say individual Tribunal members are unfriendly. During today’s hearing, the neighbours’ – an older couple – daughter sought to protect her parents’ interest.
She asked many questions, at a disadvantage in the video conference format. After around 10 minutes of back-and-forth, the Tribunal lowered its formality, and explained the process and options.
She decided to remain an observer – with the understanding the City will (outside the Tribunal process) provide her information to assist her parents’ decision-making.
Stoney Creek News Story on Lakeshore Drive Appeal
The Stoney Creek News covers a 38-home subdivision planned for the shore of Lake Ontario at 11, 19, 20, 21, 23, 27 & 30 Lakeshore Drive in Stoney Creek.  Read about the appeal online here.
I’ll add, after you’ve read the story, the Tribunal is triaging appeals and fast-tracking cases in which the outcome is obvious. Expect this case to move quickly.
The OLT case file number is: OLT-22-004814
71 Main Dundas is Hamilton’s First Bill 23 Development Fee Appeal
Craig Campbell at the Dundas Star does an excellent job reviewing and getting expert analysis of this appeal.
In short, the owners of the property argue that the Ontario Conservative government’s decreased development changes mean they should pay $190,000 in parkland fees for construction because their final building permit was after November 28 when Bill 23 came into effect.
The City ruled the charge is $836,416.00 because the shoring permit was issued before Bill 23 and the City states this is the date of building permit.
From the owner’s OLT application:
“The Appellant is applying to the Ontario Land Tribunal pursuant to subsection 42(10) after having paid a higher cash-in-lieu fee demanded by the City, under protest, pursuant to subsection 42(12).
The Appellant appeals the City’s decision that the cash-in-lieu fee for the project was $836,416.00 ($13,069 x 64 residential units). The Appellant paid the amount of $836,416.00 to the City under protest on December 5, 2022. The Appellant submits that the correct cash-in-lieu fee was $190,000.00, being 10% of the appraised value of the land ($1,900,000.00) per subsection 42(3.3) (a) and Bill 23: The More Homes Built Faster Act, 20221 (“Bill 23).”
“The City interpreted subsection 42(3.5) to render subsection 42(3.3) inapplicable on the basis that the building permit was issued to the Appellant prior to November 28, 2022 (the date on which Bill 23 came into force). Specifically, the City took the position that the interim or conditional shoring permit (attached) issued by the City to the Appellant on May 10, 2022 (the “Shoring Permit”), was a building permit for the purposes of subsection 42(3.5).”
No dates have been set for the first case management hearing.
The OLT case number is: OLT-22-004846
442, 450, 454, and 462 Wilson Street East (Ancaster)
The final procedural order for this hearing is issued. I’ve posted the text of it to TPR.
Metroland’s Kevin Werner spoke to neighbour Jim McLeod who is a Party at the hearing regarding the proposed six-storey residential development at Wilson and Rousseaux Streets.
392-412 Wilson Street East & 15 Lorne Avenue (Ancaster) Hearing Dates Set
The owner of this Ancaster Village property wishes to build an eight-story mixed-use building with 169 residential units.
The Marr-Phillipo House, built in 1840, is located on the property. City Council approved moving the historic structure, but City staff told the developer they could not support the application.
The developer then filed a non-decision appeal to the OLT.
The OLT will conduct a 10-day hearing beginning on July 24, 2023
The issues list includes: “Building height, Residential density, Massing, Privacy, Overlook, Setbacks, and Compatibility with and enhancement of the character of the existing Neighbourhood.”
The Procedural Order is on the OLT website.
130 Wellington South Settlement Hearing – Feb 27
In 2021, Ward 2 Councillor Jason Farr declared there are too many rental units in the Downtown Corktown neighbourhood and voted down a multiplex legalization at 130 Wellington Street South.
City staff recommended approval. Farr admitted his opposition to rentals would be overturned at the Ontario Land Tribunal.
The NIMBY comments complained about nearby affordable options, the Ontario Works office being nearby, and “it is the resident homeowners who actually vote here in the city!”
Two years later, there is a settlement between the NIMBYs, the City, and the property owner.
It will be heard on February 27.
The settlement is confidential until approved by the OLT.
In Progress
Photo: Developer’s render.
Another In-Fill Apartment Building – 150 Mohawk East at Upper Wellington
UrbanSolutions is the planning firm for the owners of 150 Mohawk Road East and have posted the full Zoning By-law Amendment application submitted to the City for a proposed 11-storey building containing 161 residential units.
The new residential building will be in the rear portion of the property, which has an existing 12-storey rental building.
Two Tall Buildings Proposed to Replace Philpott Memorial Church
Icon Architects, architects for the owners of the former Philpott Memorial Church at 89 Park Street North (across from Copps Coliseum bordering York Boulevard), have posted renderings for a proposed two tall buildings on the site.
The proposed renderings do not include the retention of the existing church structure.
The site owners have consulted with the City “to construct a mixed-use building comprised of two, 30 storey towers above a 5-storey podium with a total of 697 sq. m. of ground floor commercial along York Blvd and Vine St. Includes a total of 693 residential dwelling units and 393 parking spaces.”
Photo: Developer’s render.
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JOEY’S CITY HALL NOTEPAD
Cost to Build RGI / Affordable Housing Now Over $500,000 per unit
During last week’s meetings, GM Emergency and Community Services Angela Burden noted that pre-COVID it cost “approximately 260,000 per unit” to build rent geared to income / affordable housing units.
“We know that the total cost would be double that in today’s market rates around construction and supply chain.”
Mayor Horwath meets with Prime Minister
Prime Minister Justin Trudeau and Mayor Andrea Horwath held a one-on-one meeting during last week’s federal cabinet retreat in Hamilton.
Their press releases state they discussed infrastructure projects (including LRT) and housing and homelessness initiatives (including affordable housing along the LRT).
They also discussed the 2030 Commonwealth Games. Mayor Horwath’s election platform included supporting the Games.
Rural Ontario Municipal Association
Ward 11 Clr Mark Tadeson led Hamilton’s delegation to the annual ROMA conference. Ontario’s Minister of Transportation Caroline Mulroney tweeted a photo with Tadeson and Brian Hollingworth, Director, Transportation Planning and Parking.
Tadeson tweeted he discussed a “safer Highway #6 South” among other things.
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“Our Urban Boundary. Their Urban Boundary”
Councillors have taken to referring to the Council urban boundary freeze as “Our Urban Boundary” and the new provincially imposed urban boundary as “Their Urban Boundary.”
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McMaster Student President Candidates Call for More Parking
The impacts of two-years of social isolation and video learning were evident during this year’s McMaster Students Union election.
Barely 10 percent of students cast their online votes, elected Jovan Popovic their 2023/24 student president.
Ten percent is the bare minimum required to ratify student fees. The HSR UPass fee barely met this threshold. Due to abstentions, two other fees failed to be renewed.
McMaster undergraduate fees account for over 10% of the HSR’s revenue.
Students are disengaged from student life. They are also disengaged from Hamilton, with some candidates stating they are leaving Hamilton upon graduation.
Parking was the dominant issue in Tuesday’s debate – all candidates are campaigning to increase the size of McMaster’s parking lots.
For two years, students were forced to live at home.
Now, they can continue living at home – they do not need to be on campus.
All undergraduate library resources (including key books) are available online.
Classes are hybrid.
The cost of student housing is insane, and the quality is terrible.
Students are now commuting from across the region. GO is struggling to keep up with demand on the 407 bus routes. Driving is the most attractive office.
This explains their desire to expand parking lots, especially “Lot M” which was partially depraved in 2014 after a student campaign to decrease parking on campus.
Sam Abbot [Mac Silhouette profile]:
Running to “to increase student engagement with the MSU, address issues with MSU Maroons and increase the quality of the student experience at McMaster University”
Sam Bovey:
Began the debate by saying they were ending their campaign and quickly left the stage.
Jovan Popovic [Mac Silhouette profile]:
Campaign website listed student life & engagement, sports, and commuter life (adding parking) as priorities.
Zachary Thorne [Mac Silhouette profile]:
Campaign website was extensive, with ten platform pillars.
“PILLAR 2: ECONOMY  Zach plans to improve the economy through the addition of multiple Willy Dogs, The Golf Referendum, and his Deflation Plan”
Jeffrey Xu [Mac Silhouette profile]: Campaign platform listed student issues, including on-campus food quality, extending library hours, and controlling spending.
Two of the four candidates at the debate are running as comic relief (joke) candidates.
There were around 50 students and community members gathered in the McMaster Student centre atrium for Tuesday’s all-candidates debate.
They definitely enjoyed themselves as even the traditional candidates switched to humour.
I quite enjoyed candidate Jeffrey Xu‘s playful delivery, “I am a candidate for change. I cannot promise it will be good change.”
Candidates were asked their positions on Hamilton’s nuisance party bylaw. I am still unsure if they misheard the question, or if the joke candidates intentionally went with parking.
The candidates all spoke against parking enforcement, not the party bylaw.
The Best Student Union Debate Ever: Soundwave vs Dollansky
In the late 00s, there was a trend of interesting and hilarious student union comic candidates.
My all-time favourite is 2007’s Soundwave at the University of  Alberta.
“We do not inherit this Earth from our ancestors. We borrow it from Megatron!”
The 5:20 YouTube video, uploaded in the early 2007 days of the platform, is hilarious from start to finish.
McMaster Undergrad Applications Holding Steady
50,749 Ontario secondary school students have applied to McMaster for the Fall 2023 admission cycle, which is nearly the same number as last year when Mac received 129 more applications. The data was released by the Ontario Universities’ Application Centre.
International Students, Money, Mohawk, and McMaster
International students are a significant source of revenue for Ontario’s post-secondary institutions, which compete with each other to maximize revenue.
A The Globe and Mail story on the internationalization of post-secondary education in Canada notes the impact of increasing enrolment upon local housing markets.
Higher education expert Alex Usher is quoted as stating: “It’s not just international students having trouble finding housing. That has an effect on the local market,” Mr. Usher said. “And it’s a tax that institutions are placing specifically on low-income families in those communities.”
In Hamilton: Mohawk College’s international enrolment was steadily increasing before the COVID pandemic, from 12,165 students in 2012-13, peaking at 14,535 in 2017-18. Mohawk reported 14,149 international students in 2019-20. Enrollment dropped to 12,817 in 2020-21.
McMaster enrolled 2,080 international students in 2012-13. There were 5,701 international students enrolled in 2020-21.
International students are not the cause of Hamilton’s student housing shortage.
McMaster’s domestic undergraduate enrolment jumped to 29,074 in 2020-21 from 23,713 in 2012-13.
I’ve noted the student housing shortage in previous newsletters. McMaster is building a public-private undergraduate residence on Main Street West.
There are numerous private mid-rise development proposals along Main West, including a building proposed to have mostly bachelor units.
More reading: Alex Usher’s blog posts on Internationalization and Canadian post-secondary institutions.
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As Premier, Kathleen Wynne instituted substantial (long overdue) reforms to local government accountability laws. The application of the new rules, phrased in between 2015 and 2018, is continuing to be adjudicated by Ontario’s Superior Court.  Two recent cases of note below.

Elliott Lake Mayor Chris Patrie Removed from Office
The 2017 changes to Ontario’s Municipal Conflict of Interest Act addressed serious flaws with how the Act was enforced. We are finally seeing municipal politicians removed from office for misusing their powers for personal gain.
The latest removal is the Mayor of Elliott Lake, Chris Patrie.
Superior Court Justice Annalisa Rasaiah ruled that as a councillor last term, he breached the MCIA by lobbying his fellow council members to build a 30 million dollar taxpayer-funded recreational infrastructure project behind a commercial real estate he had an interest in, namely a shopping plaza owned by a corporation, the shares of which were owned by him and his wife at the material time.
Prior to the changes, by then Minister of Municipal Affairs Ted McMeekin – the now Ward 15 Hamilton City Councillor, enforcement required a citizen to privately prosecute a violation at a personal cost of tens of thousands of dollars.
Even when politicians breached the Act, Ontario’s Superior Court judges did not impose the old Act’s only penalty – removal from office.
This excellent 2014 news article interviews a person who took a MCIA case to court and won. They explain why they would never do it again. With quotes from Ontario’s top conflict of interest lawyers.
Court Ruling on Education Act Trustee Accountability
Hamiltonians are all too familiar with school board trustee controversies. Last term’s Hamilton-Wentworth District School Board Trustees competed with Hamilton City Council for Ontario’s most dysfunctional and disgraceful governing body.
In Toronto, Catholic Trustee Mike Del Grande filed a court challenge seeking to quash a censure imposed upon him for his disgusting comments during a debate on human rights and equity.
Ontario’s Divisional Court dismissed his motion earlier this month, as reported by TheStar here. The Court decision is now on CanLII.
John Mascarin, a partner at Aird & Berlis LLP, who is arguably Ontario’s top municipal law expert, discussed the Wynne government reforms of the Municipal Act in a 2019 interview with the trade magazine Municipal World.
B.C. Human Rights Tribunal Rules Standard ‘Floating’ Bus Design Discriminatory
Hamilton’s Chief Planner Steve Robichaud noted a BC Human Rights case on his Twitter account this weekend, and it is an important one. Floating bus stop designs, those with raised bike lanes flowing behind or in front of them, are dangerous for people who are blind or have visual impairments.
Hamilton, like nearly every municipality in North America, is implementing this design. There are design tweaks available to ensure accessibility and safety.
The CBC article on the ruling notes some of the options
O.Reg Change on Rabies Testing to Better Serve Bite Victims
Local medical officers of health will soon have the authority to order the testing of already deceased animals for rabies “thus avoiding bite victims having to undergo unnecessary vaccination for rabies, and decrease personal stress and anxiety. This also will decrease the burden on local public health units and healthcare facilities, create efficiencies for the use of publicly-funded vaccinations, and decrease the time commitment and potential side-effects for bite victims.”
Waterloo Councillor Wants to Increase Voter Turnout
The crisis of voter turnout needs to be addressed. [Yes, there are many crises to be addressed].
I take note of the personal efforts of Waterloo Regional Councillor Rob Deutschmann to ask why people are not voting and what he can do to address the situation.
The Waterloo Record details his efforts. The story includes a link to a 90-minute Town Hall Deutschmann held.
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Newsletter top photo: Bookmarks produced by the City of Hamilton to mark Black History Month 2023
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The Waterloo Encampment Ruling: What It Means For Hamilton – TPR Hamilton | Hamilton's Civic Affairs News Site

February 9, 2023
The Superior Court’s decision to deny the Region of Waterloo’s request to remove an encampment on vacant municipal land sent waves throughout Ontario because it’s the first Ontario court decision to find a Section 7 Charter Right to encamp due to a lack of “accessible” shelter spaces.
Justice Michael J. Valente ruled Waterloo’s bylaw banning erecting tents “interferes with the population’s choice to protect itself from the elements and is a deprivation of liberty within the scope of section 7” and “violates the Charter protected right to life.”
The Waterloo decision is persuasive, not binding precedent.
It does not affect Hamilton’s encampment enforcement procedures.
There is an ongoing Charter of Rights challenge against Hamilton’s parks bylaw and related bylaws prohibiting encampments. As part of this litigation, lawyers unsuccessfully sought an injunction restraining the City of Hamilton from removing encampments. The bar to winning an injunction is high, and they were unsuccessful.
I submit there are three key differences distinguishing the Waterloo case from Hamilton:
If Waterloo Region appeals to the Ontario Court of Appeal, the eventual Court of Appeal decision will supersede whatever eventual decision will be made in Hamilton. Thus, the Hamilton challenge lawyers (and the City of Hamilton) will become intervenors in the Waterloo case.
A Waterloo appeal will at least settle the legal obligations of municipalities to support unhoused people. .
Here are some related legal and political commentaries on the ruling:
I’ve written a longer piece discussing relevant portions of the ruling.

source: news-thepublicrecord

created: February 9, 2023

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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BRIEF: Ontario Announces New Plan to Make a Housing Plan – TPR Hamilton | Hamilton's Civic Affairs News Site

March 14, 2023
Ontario’s Minister of Municipal Affairs and Housing Steve Clark announced a new “Housing Supply Action Plan Implementation Team” to make recommendations on how the province can build more housing and enable more home ownership.
The team will be chaired by Drew Dilkens, the Mayor of Windsor, with Mayor of Hornepayne Cheryl Fort as vice-chair.
The seven other team members are from the housing industry, non-profit housing associations, and co-ops.
Ontario’s Big City Mayors issued a statement stating they are “pleased” at the activation of the Implementation Team.
The team will meet in the coming weeks, states the government press release.


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City Hall Says E-Scooters Expected to Launch in Two Weeks – TPR Hamilton | Hamilton's Civic Affairs News Site

March 21, 2023
Hamiltonians will soon be able to rent E-Scooters for trips in the Lower City.
The City of Hamilton plans to launch the Bird Canada scooters in less than two weeks, according to a slide presented by City staff this morning.
The launch is planned for the morning of Monday, April 3rd.
Hamilton’s scooters will provide a maximum speed of 20 km/h when operating in permitted areas such as local roads, bike lanes, multi-use paths, and some trails.
Speeds will be limited to 10 km/h in non-permitted areas such as park pathways (i.e. crossing Victoria Park or Gage Park). The scooters will not operate on sidewalks.
“The ten-kilometre speed reduction does not apply to the sidewalks. You will come to a halt. They will stop,” stated Peter Topalovic, Program Manager – Sustainable Mobility Programs, City of Hamilton.
“We don’t want any sidewalk riding at all whatsoever.”
Topalovic says the Hamilton Bird scooters will have an acoustic warning system to ensure people hear them approaching. He says he thinks this is the first time a municipality is requiring this feature.
The service will begin in the Lower City, covering the same area presently serviced by Hamilton Bike Share – Wards 1, 2, and 3 and a portion of Downtown Dundas.
Topalovic says Bird can expand its service area after three months.
“That could be in various areas likely attached to the service area. Likely in the areas around Ward 4, 5, 6, 7 or 8.”
The City is collecting a $5,000 base and $8 per scooter annual licensing fee.
Additionally, the City requires Bird to pay a $45 per device and $0.05 per trip fee to Hamilton Bike Share, and a $15 per device fee to Bike Share’s Everyone Rides program.
Bird has not yet announced their Hamilton rental rates.
In Calgary, Windsor, and Leduc, Bird charges $1.15 to unlock and 35 cents per minute to ride.


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Hamilton Centre By-Election Advance Turnout Higher Than 2020 Ontario By-Elections – TPR Hamilton | Hamilton's Civic Affairs News Site

March 13, 2023
4166 residents of Hamilton Centre cast ballots during advance voting, Election Ontario reported on Saturday.
This represents 5.2 percent of registered voters, a better advance voter turnout compared to recent Ontario provincial by-elections.
Advance voter turnout in the February 2020 Ottawa-Vanier and Orléans by-elections was 2.47 percent and 4.35 percent respectively.
Overall turnout in the February 2020 by-elections was 23.5 percent in Orléans and 19.9 percent in Ottawa-Vanier.
This represented approximately two-fifths of the turnout of the general elections.
Recent elections at all levels have experienced record advance turnout but overall record low turnout.
There were approximately 1.07-million advance ballots cast in the 2022 Ontario provincial election earlier this year, up from 700,000 in 2018.
However, overall voter turnout plummed to 43.5%, setting a new all-time low.
Hamilton Centre voters go to the polls on Thursday, March 16.
This week they’ll hear from candidates at the door and in the mail as campaigns try to identify and mobilize their voters.
Turnout in the 2022 Ontario general election was 37.94 percent in the riding, below the provincial average.


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Hamilton Will Not Suspend Students As Public Health Catches Up Vaccinations – TPR Hamilton | Hamilton's Civic Affairs News Site

March 20, 2023
Hamilton’s Medical Officer of Health Dr. Elizabeth Richardson says Hamilton will not follow the lead of Windsor-Essex County Health Unit in suspending elementary students who’ve not caught up on their required vaccinations.
Windsor-Essex’s Acting Medical Officer of Health announced Dr. Shanker Nesathurai the suspension of 1,908 elementary school students today using their powers under the Immunization of School Pupils Act.
Dr. Richardson says she will not be issuing suspensions during this school year saying Hamilton is seeing progress in getting children vaccinated after thousands fell behind due to COVID school and clinic closures.
“We are not suspending right now,” Dr. Richardson told TPR following Monday morning’s Hamilton Board of Health meeting.
Hamilton is offering catch-up vaccination clinics in addition to in-school clinics.
Dr. Richardson is encouraging parents to get their grade 7 children the hepatitis b
and human papillomavirus (HPV) vaccines in addition to the vaccines required by the Immunization of School Pupils Act.


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Joey’s Linkblog: Regulating “Civility” and Banning Criticism of Local Government in Massachusetts – TPR Hamilton | Hamilton's Civic Affairs News Site

March 14, 2023
People do not like being criticized, especially in public.
For politicians and public officials, this is part of their job.
Some of them are trying to change this by banning democratic dissent. Restrictions usually target people we charitably refer to as “gadflies” because they annoy and provoke local governments.
These cases end up in front of the courts and the gadflies always win.
“Debate on matters of public interest will often be heated and criticism will often carry a sting, and yet open discussion is the lifeblood of our democracy,” wrote Ontario Court of Appeal Justice Robert Sharpe in 2007’s Cusson v. Quan.
The sting is greater in municipal politics.
The gadflies are local, their criticisms cannot be separated from the individuals being criticized. City Hall is not a faceless monolith. The officials and politicians being criticized are seated in front of delegates.
This explains why local governments overreact. The Bracken and Gammie cases are well known.
In Massachusetts, that state’s highest court quashed a local bylaw requiring members of the public to act and delegate with “civility.”
The case involved a gadfly who called the local chairman “a Hitler” twice.
“Although civility, of course, is to be encouraged, it cannot be required regarding thecontent of what may be said in a public comment session of a governmental meeting without violating both provisions of the Massachusetts Declaration of Rights, which provide for a robust protection of public criticism of governmental action and officials,” the Court writes.
“What can be required is that the public comment session be conducted in an ‘orderly and peaceable’ manner, including designating when public comment shall be allowed inthe governmental meeting, the time limits for each person speaking, and rules preventing speakers from disrupting others, and removing those speakers if they do.”
The United States and Massachusetts constitutions grant absolute free speech rights.
Canada’s Charter of Rights and Freedoms grants a broad right to free expression, subject to limitations that “can be shown to be reasonable in a free and democratic society.”
A Canadian Court likely would strike down a similar “civility” bylaw as unnecessary and overly restrictive.
In Ontario, municipal meeting chairs can remove individuals for disruptive behaviour.  Removing someone for smearing a public official as “a Hitler” can be shown to be reasonable.
More on the ruling at Universal Hub here.
Journalism professor Dan Kennedy’s blog post is informative as well, especially near the end when he notes:
“But when I was regularly covering city council, select board and school committee meetings back in the 1980s, it would have been unthinkable for a member of the public to refer to a public official as “Hitler” — and, yes, there were obnoxious, uninformed members of the public back then, too. But there was also a certain level of propriety that everyone adhered to. It would have been inconceivable for anyone to invoke Hitler.
We are in a different world, now.”


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Joey’s Notepad: Today’s Cancelled Council Meeting Confusion – TPR Hamilton | Hamilton's Civic Affairs News Site

March 24, 2023
Today’s Council priority-setting meeting was postponed “due to an unforeseen and significant event involving a family member” of Mayor Andrea Horwath.
I wish the Mayor well. She and her family are in my thoughts at this time.
Behind the scenes at City Hall this morning, the City Clerks caused much confusion while handling the cancellation.
The Clerks sent a confidential email to councillors telling them the meeting was cancelled.
Many members of Council changed their schedules and did not drive to City Hall.
Meanwhile, at City Hall, the meeting proceeded as scheduled.
Yesterday, Thursday, the City Clerk announced the meeting time had moved from 9:30 a.m. to 9:00 a.m. (More on the resulting confusion below.)
At 9:00 a.m., only four members of Council were present for the scheduled start time.
The Clerk presented announced they were waiting for quorum, and the live stream would momentarily begin.
The meeting had every appearance of a routine proceeding.
Shortly after that, Deputy Mayor for March, Ward 6 Councillor Tom Jackson, announced the meeting was being cancelled and will be scheduled for a later date.
The City Clerks added that lacking quorum, councillors presented needed to remain until 9:30 a.m. in an attempt to gain quorum.
What followed was a scramble to find enough councillors to make quorum to adjourn / recess the meeting.
Members of Council arriving “late” were surprised to learn the meeting began at 9:00 a.m. instead of the original 9:30 a.m. time.
At least one councillor responded to the quorum call email by asking if they could log in by video conference. The meeting room was not equipped for video conferencing.
Eventually, half of council was present. The Clerk declared half to be a “majority” of Council under the Municipal Act, the meeting was called to order, and then adjourned.
Half is not a majority.
Today’s confusion was the cumulation of a week of spin from City Hall.
The original plan was to hold the meeting in closed session.
I explained why the meeting is required to be open to the public.
Behind the scenes, an Ombudsman report into an August 2015 Township of Russell “strategic plan training session” meeting.
The Ombudsman ruled that closed session training meeting to be legal.
Key paragraphs from the ruling [emphasis added]:
32 In September 2015, LAS considered whether a “Strategic Planning Session” in the Township of Brock fell within this exception.[7] In that case, council met in camera to allow for a “free flow” of ideas by workshop participants. The consultant who facilitated the session indicated that it was a “brainstorming exercise…to collectively define the list of [council] priorities and move toward a ranking of the order of the priorities”. LAS determined that this discussion did not fall within the education or training exception because members of council materially advanced the future business or decision-making of the council.
33 During the Township of Russell’s strategic plan training session, councillors were taught basic principles and vocabulary related to the strategic planning process. While the training session did reference the township’s then-current strategic plan, this information was used as a reference point for the abstract principles and vocabulary that the facilitator was teaching. The councillors confirmed that there was no decision-making or discussion of specific township priorities or planning. Unlike the strategic planning session in the Township of Brock, the training session in the Township of Russell was not a “workshop” with a “free flow” of ideas regarding the township’s strategic priorities. Rather, councillors were taught skills to assist them in better understanding the process of strategic planning at the municipal level. Specific discussion of the Township of Russell’s priorities and strategic plan was reserved for the open session on August 26.
This only reinforces the argument I explained.
I am not including this meeting in my attendance database.


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Massive King Street Open Street Event Confirmed for June 18, 2023 – TPR Hamilton | Hamilton's Civic Affairs News Site

March 21, 2023
Hamiltonians will be able to walk, roll, and bike, but not drive, on King Street between Gage Avenue and John Street on Sunday, June 18, for Hamilton’s largest ‘Open Streets’ event yet.
The plan was approved by City Council in August 2022 following a public survey that found widespread support for the event.
Termed an ‘Open Streets Temporary Linear Urban Park’, the event will see “activations” at planned LRT stops, 100In1Day events along the street, and special programming by the International Village and Downtown Hamilton Business Improvement Areas.
City of Hamilton Program Coordinator Juby Lee said, “this is a pilot. So if successful, we’re hoping to organize more in the future.”
The City plans to release more details in the coming weeks.


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Joey’s Notepad: Resident Advisory Committee Members Must Fully Recuse When in Conflict of Interest – TPR Hamilton | Hamilton's Civic Affairs News Site

March 19, 2023
The City of Hamilton’s advisory committees are now defined as “Local Boards” under the Ontario Municipal Act and the Municipal Conflict of Interest Act.
When acting in their volunteer roles at advisory committees,  resident committee members must fully comply with conflict of interest rules.
Members must not only recuse themselves from voting. They must also recuse themselves entirely from all discussions.
During a recent advisory committee meeting, two members declared conflicts of interest. Neither spoke to the items.
However, in declaring their conflict, one of the members stated, “I would like to comment, but I might have to refrain from voting.”
The MCIA states a member who declares a conflict of interest “(b) shall not take part in the discussion of, or vote on any question in respect of the matter; and shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.”
In the past, advisory committees could conduct their meetings with a degree of informality.
In the rare instances of the appearance of a conflict of interest, advisory committee members would refrain from voting but share their thoughts.
Often, the conflicts result from the member’s employment or other volunteer activities.
I cannot think of a single instance of a personal financial interest being involved.
Nonetheless, now that they are Local Boards, advisory committee members need support from the City to ensure they know the rules – both training in advance of meetings and qualified staff support during meetings.
Otherwise, it is only a matter of time before an avoidable conflict of interest scandal occurs.


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OLT Brief: Dundas 71 Main Street Post Bill 23 Cash in Lieu Appeal CMC Hearing Date Set – TPR Hamilton | Hamilton's Civic Affairs News Site

March 20, 2023
When the Ontario government passed Bill 23 last fall, it cut the overall amount of development charges that municipalities can levy.
Among the changes, municipalities cannot charge more than ten percent of property value for parkland dedication fees when developments are being constructed on five hectares or less. [42(3.3)(a)]
On November 28, 2022, this new rule invalidated Hamilton’s previous development charges bylaw.
Effort Trust argues its 64 residential condo unit development at 71 Main Street in Dundas should pay a post-Bill 23 fee of $190,000 because the final building permit was issued on December 6, 2022.
The City of Hamilton is charging the pre-Bill 23 fee of $836,416.
The difference is $646,416.
Building permits for large projects are often issued in phrases.
The shoring permit was issued on May 10, 2022. The final building permit for above-ground construction was issued on December 6, 2022.
The OLT will decide on the wording and intent of the Act regarding fees and phased permits.
Adding more complexity to the hearing, the file states the City issued a 25 percent surcharge penalty of $119,392.59 on November 30, stating some of the work completed before this date was beyond the scope of the shoring permit.
A case management conference will be conducted on May 5, 2023 to scope out the issues and set dates for the contested hearing.


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Terry Whitehead’s 45-Day Remuneration Suspension Did Not Occur – TPR Hamilton | Hamilton's Civic Affairs News Site

March 17, 2023
The City of Hamilton continued to pay Ward 14 Councillor Terry Whitehead his full salary between June 22 and November 15, 2022, according to the City’s 2022 Municipal Act Section 284 report.
The Section 284 Municipal Act report states Whitehead was paid $89,757.72 in 2022.
Whitehead’s pay was to be suspended for 15 days for each of three serious incidents of harassment against city staff and other members of city council.
The previous Council term ended on November 14, with outgoing councillors paid just over $93,000 for the year.
Whitehead’s lower pay reflects a portion of a 30-day pay suspension imposed upon him in late November 2021. The 2021 suspension carried forward into the January 2022 pay period.
City Hall states this story is disinformation.
The City does not dispute the accuracy of its own Section 284 report.
The City does not dispute that Whitehead was paid $89,757.72 in 2022.
The City has not explained the discrepancy, nor why this remuneration suspension was not processed as all others in the past – as a pay suspension.
It is possible Whitehead was moved to short-term disability payments for the final five months of the 2018 – 2022 term.
Whitehead did not seek, nor was he given, a leave of absence for the final nearly five months of the Council term.
Section 223.4(5.2) states a council or local board may impose a “suspension of remuneration paid to the member in respect of his or her services as a member of council or of the local board” for up to 90 days per contravention of a Council Code of Conduct.
Suspension of remuneration differs from fines or similar forms of penalty.
A fine is paid out of after-tax income. A suspension of remuneration means the councillor or local board member never receives the income.
The Municipal Act does not provide for fines or similar forms of penalty to be imposed against councillors.
In Perrelli v. The Corporation of the Town of Richmond Hill, 2017 ONSC 6062, the Superior Court ruled a municipality cannot deduce from a councillor’s severance payment to recover budget overruns incurred by the councillor while in office.
[The person at the centre of this dispute, Carmine Perrelli, returned to office in 2018 and quickly became the centre of controversy. They did not win in 2022. They have ongoing litigation with the Town.]
Methuku v. Barrow, 2014 ONSC 5277 dealt with a municipal council resolution ordering the Mayor to “personally repay the Town $10,800 for the over-expenditure in the Engagement and Marketing Account.”
The Judge, upon reviewing all the evidence, ruled “there was therefore in fact no over expenditure for which the mayor, or anyone else, could be held responsible.”
The case was a motion by a resident, who was running against the Mayor in the 2014 election, for removal from office under the Municipal Conflict of Interest Act.
Of importance to the question of municipal authority, Justice Mark L. Edwards considered informed legal arguments in favour of granting the Town Council powers to impose financial penalties upon members of council, and ruled:
“While there may be many members of society who would see it as a positive development where a politician could be held responsible for spending in excess of a budgeted item, such responsibility can only flow where there is statutory authority to do so.  There is no statutory authority from my review of the Municipal Act, even with its enhanced powers, that would allow a Municipality to seek restitution or reimbursement in a situation like the one before this court.”
Terry Whitehead is now retired from politics. He keeps his past remuneration and now receives his council pension. The End.


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Two Tall Towers Proposed for 117 Jackson Street East – TPR Hamilton | Hamilton's Civic Affairs News Site

March 3, 2023
Should two proposed towers of thirty (30) and thirty-nine (39) storeys be allowed at 117 Jackson Street East, notwithstanding it does not meet the exact requirements of Hamilton’s Downtown Secondary Plan?
This is the question Hamilton’s Design Review Panel will contemplate this coming Thursday, March 9.
As first reported by TPR in July 2021, DiCenzo Construction Company initially pitched two towers of 42 and 38 storeys on the property.
Both buildings exceed the escarpment height limit of the Downtown Secondary Plan (DTSP).
The 30-storey tower will abut Catharine Street on the west side of the property, with the taller 39-storey on the east side of the property.
“The proposed towers are greater than the geodetic height of the escarpment as measured between Queen Street and Victoria Avenue (geodetic building height of 209.77 m (east tower) and 183.22 m (west tower) whereas between 186.2 m and 190.2 m is permitted),” states the developer’s submission.
The developer notes that Landmark Place already blocks the view corridor to the escarpment.
Landmark Place, located directly north of the proposed development, is Hamilton’s tallest building at 127 metres tall with 43 floors.
The proposed 39-storey building will be 126.47 metres tall, including the mechanical penthouse.
DiCenzo proposes 751 residential units with 366 car parking spaces, 388 indoor bicycle parking spots, and ground-level retail with a three-storey podium connecting the buildings.
497 apartments will be one-bedroom or bachelor units. 254 apartments will be two-bedroom units.
[Note: The developer’s urban design report states “apartments.”]
The buildings will cast a shadow onto the park in front of the old Wentworth County Courthouse at 50 Main Street East.
Section 6.1.4.37 of the DTSP states, “development shall not cast any net new shadow between 10:00 a.m. and 4:00 p.m. as measured from March 21st to September 21st” upon this park, Prince’s Square.
An incremental shadow is cast upon a portion of the park until 10:50 a.m. on March 21st, and until 10:36 a.m. on September 21st.
The developer’s submission states, “the minimal shadow impact will not impact the park’s utility or useability and, as such, is adequately limited.”
The DTSP requires a minimum 25-metre separation between towers.
The proposal has a 24-metre separation from Landmark Place.
The wind study for the proposal shows higher than usual, while still within limitations, summer wind conditions for the planned rooftop amenity space.
During winter, the space will experience “uncomfortable” wind conditions.
Similarly, during winter, the alleyway to the north of the building and a spot to the building’s east will experience “uncomfortable” wind conditions.
The developer’s brief states, “wind conditions over pedestrian sensitive grade-level locations within and surrounding the study site will be acceptable for the intended uses on an annual and seasonal basis.”
The DRP meeting begins at 1:30 p.m. on Thursday, March 9. The public can view the meeting via WebEx Webinar at https://thecityofhamilton.webex.com/thecityofhamilton/j.php?MTID=m78e7594bfe8647bb9580d9d564d6980e
Presentation materials and reports for the meeting will be posted on the City website.


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Why Council Cannot Set Term Priorities in Closed Session – TPR Hamilton | Hamilton's Civic Affairs News Site

March 21, 2023
City Council cannot hold its “Council Priorities Workshop” meeting in closed session.
The City wants the meeting in closed session, citing the Municipal Act exception for training.
Section 239(3.1) of the Act states [emphasis added]:
A meeting of a council or local board or of a committee of either of them may be closed to the public if the following conditions are both satisfied:
1. The meeting is held for the purpose of educating or training the members.
2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee. 2006, c. 32, Sched. A, s. 103 (1).
Council’s strategy setting meeting is not training and does not meet requirement 1 of the open meeting exception.
Mayor Andrea Horwath’s January 18, 2023, motion calling the meeting stated [emphasis added]:
Council Priorities Workshop
WHEREAS, Hamiltonians will benefit most from a council that, as a whole, sets out clear priorities,
WHEREAS, urgent needs in our communities will be addressed more quickly and efficiently by a council that is working together to make tangible progress on our most pressing challenges and opportunities,
WHEREAS, this council will be able to more effectively direct staff work and get results for Hamiltonians by setting out clear priorities for the term,
THEREFORE, BE IT RESOLVED: That staff be directed to work with the Mayor, Councillor M. Wilson, Councillor Beattie, and Councillor Jackson, to plan a workshop for council at which Council as a whole will set priorities as a group for the 2022 – 2026 term of office; and, That the workshop and final council product be completed by March 31st 2023.
The motion makes no mention of training.
Failing to meet requirement 1, the meeting cannot be held in closed session.
While moving the motion during the January council meeting, Mayor Horwath said the workshop’s goal is “we will understand what it is that we want to be doing over the next couple of years.”
The motion states Council “will set priorities” for the 2022-2026 term.
The Municipal Act Section 239(3.1) restricts closed training sessions to those in which “no member discusses or otherwise deals with any matter in a way that materially advances the business” of the council.
Discussing and setting priorities will blatantly violate this requirement.
Failing to meet requirement 2, the meeting cannot be held in closed session.


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BRIEF: Municipal Planning Data Reporting Requirements – TPR Hamilton | Hamilton's Civic Affairs News Site

April 19, 2023
The City of Hamilton must now submit quarterly reports and to Ontario’s Ministry of Municipal Affairs detailing the progress of Planning Act applications submitted to the City and decisions made by City bodies and the Ontario Land Tribunal.
Hamilton has to produce six reports on: official plan amendment applications, zoning by-law amendment applications, site plan applications, minor variance applications, plans of subdivision, consent [servance] applications, plans of condominium, and “community infrastructure and housing accelerator and minister’s zoning orders.”
The reports must include the date of application, when it was deemed a complete application, when the municipal council considered the application, the decision of Council, and if the application ends up at the Ontario Land Tribunal, the details of why it was appealed and the status of the appeal.
The City must also include Heritage Act information for any application on properties with heritage designation, heritage listing, or within a heritage conservation district.
A separate annual report in geospatial data formats will be required for special areas such as employment, major transit station areas, and other are specific boundaries.
The first reports, for Q1 2023, will be due to the Province on June 30.
In a conversation with City of Hamilton General Manager of Planning and Economic Development Jason Thorne a few months ago, Thorne indicated Hamilton will also post the data reports on its public website.
Ontario Regulation 73/23 can be read on CanLII here


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BRIEF: Toronto Staff Recommend Ending Backyard Urban Hens Pilot – TPR Hamilton | Hamilton's Civic Affairs News Site

April 24, 2023
After a five-year pilot, City of Toronto staff are recommending an end to backyard hens due to “the considerable costs and resource impacts required to safely administer a City-wide program and the emerging concern of the highly pathogenic avian influenza (HPAI).”
Toronto legalized backyard hens in some of its neighbourhoods in 2018.
Toronto city staff write  the pilot had “limited uptake.”
The hens did not result in “any significant issues.”
People with existing hens will be allowed to keep them. Grandfathered owners are not allowed to have new hens.
Hamilton City Council debated urban hens in 2012, 2018, and 2020.


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City and Titan Recycling Await Court Hearing on Freelton Scrapyard – TPR Hamilton | Hamilton's Civic Affairs News Site

April 28, 2023
Titan Recycling can continue operating its scrapyard in Freelton.
City Councillors on the Licensing Tribunal granted a three-month extension to Titan’s conditional operating license as both the company and City await a Superior Court hearing to determine the property’s zoning status.
Titan is challenging the decision of Hamilton’s Director of Licensing to deny their application to operate a salvage yard at the site. Titan argues the site has been continuously used for salvage operations, and the use is grandfathered legal non-conforming.
Titan’s conditional license, first issued over a year ago, limits hours of operation to weekdays between 8:00 a.m. and 5:30 p.m., traffic management rules, dust management requirements, and visual barrier maintenance.
In testimony to Council today, the City’s bylaw department states Titan has met their conditions during around a dozen inspections with some exceptions.
Titan did not present a dust or traffic management plan on December 5, 2022.
Dan Campbell, a Licensing Compliance Officer, says he issued a “verbal warning” to Titan. When Campbell returned on December 7, the plans were provided.
During a April 5, 2023 inspection, Campbell says a Titan bin was “placed on the front boulevard” and a Titan truck “blocking the sidewalk.” Verbal warning were issued.
During this same inspection, a portion of the visual barrier on some fencing was missing. Titan states this was likely the result of wind storms.
Campbell states there has been compliance with the terms of the conditional license.
Councillors voted to allow staff to automatically grant conditional license extension if the Superior Court hearing is completed by July 28, pending the Court releasing its ruling.


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City of Hamilton, Niagara Escarpment Commission, and Spallacci Reach Deal for John/Charlton Towers Development – TPR Hamilton | Hamilton's Civic Affairs News Site

April 28, 2023
Pending rubber-stamp approval by the Ontario Land Tribunal, the southeast corner of John Street South and Charlton Avenue East will see three buildings of 20-storeys each constructed in the coming years.
The Niagara Escarpment Commissioner and Spallacci Contracting Ltd. reached a settlement regarding the building’s visual impact upon the Niagara Escarpment.
City Council recently approved a separate settlement of the City’s issue. The City’s agreement is not yet available to the public.
In the agreement with the NEC, Spallacci agrees to:
– “[M]itigate visual impacts on the scenic resources of the Niagara Escarpment by reducing the maximum building height of the proposed towers and changing the colours of the parapet, roof deck and mechanical suites”; and
– “Dark colours will be used for the parapet, roof deck and mechanical suites on top of the buildings to mitigate visual impacts on the Niagara Escarpment.”
The agreement between Spallacci and the NEC explicitly states the NEC is taking no position on the City of Hamilton’s use of the escarpment height as the maximum building height in the Downtown Secondary Plan and other planning uses of this measure.
“The parties acknowledge that the agreement to the height of the buildings in this proposal is not an endorsement that similar heights should be approved on other nearby urban sites. Visual impacts including skylining and cumulative impacts of development on the scenic resources of the Niagara Escarpment need to be considered on a site by site basis,” reads the Minutes of Settlement.
The 2020 proposal had Tower A at 25 storeys, Tower B at 24 storeys, and Tower C at 22 storeys.
St. Joseph’s Hospital is a party in the hearing. They have not officially commented upon the settlement in the records provided by the Ontario Land Tribunal.
In June 2022, the hospital stated the proximity of a large number of residential units could cause neighbour complaints regarding noise from the hospital’s mechanical systems, that changes to wind conditions could impact the hospital’s air intakes and exhaust vents, and that the hospital has future expansion plans to increase its density along John Street.
These concerns may be address by the City’s agreement with Spallacci.
Spallacci appealed directly to the OLT for non-decision. With no Council meeting to discuss issues, the hospital’s interests were not able to be considered in that venue.
The OLT will conduct a settlement hearing over two days beginning Thursday, May 4, at 10:00 a.m.


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Hamilton Extends James Baptist Church “Minor Alternation” Heritage Permit, Again – TPR Hamilton | Hamilton's Civic Affairs News Site

April 27, 2023
The City of Hamilton extended the heritage permit for the facade of the former James Street Baptist Church. The new permit expires on March 31, 2024.
It requires the new owners to maintain the front facade of the former heritage church.
The heritage church was demolished in 2014. The City does not consider the demolition to be a demolition, classifying it as a “minor alteration” to the building.
The City of Hamilton defines “minor alteration” as any change which retains any portion of an existing heritage building.
Since the 2014 demolition, the site has had three owners.
The first owner went bankrupt, after taking out several mortgages on the property. He secured development approval for a 30-storey condo building on the site. This approval remains in place today.
Hue Developments and LCH Developments purchased the property in the bankruptcy sale.
This group sold the property in 2022 to a new corporation called 98 James South (2022) Inc.
In a report, City staff state the new owners are meeting all requirements of permit. They are submitting monthly reports on the condition of the facade.
“Crack Monitor Review Reports were conducted monthly from grade, and all indicated that no significant signs of structural distress were noted at the time of the visit. The reports do acknowledge that the structure does require restoration work and the delay in restoration work is not expected to adversely affect the building,” read the staff report.
“However, the cost and scope of restoration is expected to increase with continued deferred maintenance.”
Staff write that a separate Masonry Restoration Assessment Report that “while the masonry is in poor condition it does not present an immediate risk to the public or stability of building.”


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Joey’s Notepad: Court Ruling on Procedural Bylaw Breach Dismissed Due to Lack of Bad Faith – TPR Hamilton | Hamilton's Civic Affairs News Site

April 4, 2023
As the Twitter era comes to an end, I’m back to using the blog format to note things.
Municipal zoning by-laws are effectively ironclad unless a challenging party can prove bad faith.
Last week, Ontario’s Divisional Court released another decision confirming this.
What makes this decision noteworthy is that Cambridge’s City Council violated its procedural bylaw during the process of approving a site plan application.
In March 2022, Cambridge Council voted 5-4 to deny a Planning Act Site Plan application. The applicant appealed to the Ontario Land Tribunal.
On May 17, 2022, Council voted to reconsider their decision, and then voted 6-2 to approve the application.
There was no public notice of the reconsideration.
A resident’s association, “Blair Engaged,” filed a challenge of the reconsideration decision arguing the by-law was passed in bad faith, illegality, and lack of procedural fairness.
Under new Planning Act rules, third-parties do not have standing to appeal to the Ontario Land Tribunal.
The first test at the Divisional Court was gaining standing. The Court granted Blair Engaged public interest standing, but dismissed their application.
The Court ruled:
– “the City did not owe Blair Engaged a duty of procedural fairness in making the Decision.”
– “Further, to the extent the City may have owed the Applicant a duty of procedural fairness it was very limited and was met in this case.”
– “Although we conclude that Council breached its procedural by-law by failing to give adequate notice of the motion to reconsider the matter, Council did not act in bad faith in doing so and, having regard to all the circumstances, we decline to grant the relief sought by Blair Engaged.”
The lands on Old Mill Road in Cambridge have a lengthy backstory. With the support of Cambridge Council, the owners gained a Ministrial Zoning Order (O. Reg 600/21) to build a 1.1-million-square-feet distribution centre.
The MZO overrides the usual Planning Act zoning process.
In approving a Site Plan, the Council is not passing a by-law, the MZO did that for them.
The court rules the Council breached its own Procedural By-law by not giving notice of the reconsideration, and there were no urgency to the reconsideration to justify the lack of notice.
Nonetheless, as the Council did not owe any fairness in the matter, this was not grounds for striking down the bylaw. The public had the opportunity to make submissions at the first meeting.
“The Decision is also significant to the Applicant’s members in the sense that they feel strongly about the plan for a major distribution centre that would permanently alter the visual entry to Blair Village, its roads and traffic patterns, among other things. Nonetheless, the site plan approval process does not affect the legal rights or obligations of the Applicant or its members. While they might be affected by the decision, their rights are not,” wrote the Court.
The test for “bad faith” or “Illegality” is very high.
“In order to conclude that Council acted in bad faith, this Court must first find that there is no other rational conclusion than that a majority of Council was acting for an improper purpose or “unreasonably, arbitrarily and without the degree of fairness, openness and impartiality required of municipal government”: Grosvenor v. East Luther Grand Valley, 2007 ONCA 55, 84 O.R. (3d) 346 at para. 44.”
“Council’s reconsideration of the application, in breach of the notice requirements under its own Procedural By-Law, raises concerns about the haste and lack of transparency with which the Decision was made. The record of the May 2022 meeting reflects a concern about litigation before the OLT. However, the record far from supports that there is no other rational conclusion than that a majority of Council was acting for an improper purpose or unreasonably, arbitrarily and without the degree of fairness, openness and impartiality required of municipal government. ”
Blair Engaged – Residents’ Association Inc. v. Corporation of the City of Cambridge, 2023 ONSC 1964


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Ontario Government Proposes Changes to Renoviction Rules – TPR Hamilton | Hamilton's Civic Affairs News Site

April 16, 2023
The Ontario Conservative government is proposing significant changes to Ontario’s land-use planning laws, regulations, and policies.
Included in Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023, are changed to the Residential Tenancies Act that will “explicitly permit” tenants to install air conditioning units, increasing fines against landlords who violate renoviction and own-use eviction laws,
Residential Tenancies Act Changes:
The Province is inviting comments on landlord-tenant regulations.
1) “Seeking Feedback on Proposed Changes to Help Protect Tenants from Bad Faith Renovation Evictions.”
The Province says it wants to add regulations requiring landlords to provide renovation updates when they evict tenants to ensure tenants are updated when they can exercise their right of return.
The Province proposes to increase the time allowance for people to file to the Landlord Tenant Board when their right to return is violated.
Comments can be submitted to the Ontario Regulatory Registry at this link until May 23, 2023.
2) Allowing portable and window air conditioners in residential units.
The Province proposes to “to explicitly permit tenants to install window or portable A/C units, at the tenant’s cost” in units without central air conditioning.
Comments on implementing A/C regulations are open until May 21, 2023, on the Ontario Regulatory Registry.


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BRIEF: Court Upholds Toronto’s Bylaw Capping Number of PayDay Loan Shops – TPR Hamilton | Hamilton's Civic Affairs News Site

May 6, 2023
Ontario’s Superior Court of Justice has upheld the City of Toronto’s payday loan zoning bylaw.
The Province of Ontario gave municipalities powers to regulate payday loan locations in January 2018. The City of Hamilton was the first to use the powers, passing a bylaw limiting payday loan shops to only one per ward.
Existing shops were grandfathered. This is why Cash Money could not relocate when Core Urban declined to renew its lease at 61 King Street East.
The City of Toronto quickly followed Hamilton and also imposed one location per ward restriction.
[Toronto’s bylaw states “as each ward exists on the date of enactment of this by-law,” meaning 44 wards.]
Pay2Day Inc. challenged the Toronto bylaw after being denied licenses to expand beyond its five existing Toronto locations.
In a 74-page ruling issued May 1st, Justice Marie-Andrée Vermette dismissed Pay2Day Inc.’s claims the municipal bylaw was beyond the power of the municipality, that the bylaw frustrated federal laws allowing payday loan operations, the bylaw was discriminatory, and that it would eventually have the effect of banning payday loan operations – prohibition not being a power given to municipalities.
Justice Vermette noted Section 347.1 of the Criminal Code states provinces can impose legislative measures ‘that protect recipients of payday loan and that provide for limits on the total cost of borrowing’ and that Ontario has given municipalities powers to protect borrows by limiting the number of locations.
“The purpose of section 347.1 is to allow payday loan agreements as long as borrowers are protected by provincial legislation. Limiting the number of payday loan establishments does not frustrate this purpose, especially in a situation where the provincial legislation authorizes municipalities to limit the number of payday loan establishments,” Justice Vermette wrote.
Justice Vermette upheld Toronto’s decision to allow no new payday loan retail locations, ruling the provincial legislation “should be broadly interpreted as including not only the power to set an express numerical limit, but also the power to impose conditions that lead to attrition, which is another way to limit the number of payday loan establishments in the City.”


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City Asking for Public Input on Secondary Plan Principles for Urban Expansion Areas – TPR Hamilton | Hamilton's Civic Affairs News Site

May 7, 2023
The City of Hamilton is launching a time-limited public consultation on principles for creating Secondary Plans for the provincially imposed urban boundary expansions on the South Mountain.
The City of Hamilton is rushing to get ahead of developers to begin secondary planning in six provincially imposed urban boundary expansion areas. The City wants to control the density and type of development in these new areas. New provincial regulations allow developers to conduct secondary planning.
The City’s consultation includes suggested high-level “foundation directions for secondary planning,” which includes climate change action, resilience, effective land use, complete transportation, and complete communities.
Public comments are open until May 23, 2023, on the Engage Hamilton Portal.
Two in-person open houses will be held.
May 17, 6:30 p.m. to 8:30 p.m., Hamilton Central Library, 55 York Blvd
May 26, 6:30 p.m. to 8:30 p.m., Mount Hope Community Centre, 3027 Homestead Drive
Hamilton City Council voted 13-3 in November 2021 to freeze Hamilton’s urban boundary. and require all new growth to be intensification.
Conservative MPP Donna Skelly quickly denounced the decision. In late March 2022, Skelly declared it “anti-housing”.
Minister of Municipal Affairs and Housing Steve Clark joined in, calling it “anti-housing.”
The Conservatives won the June 2, 2022 provincial election, adding a second seat in Hamilton with Neil Lumsden winning Hamilton East – Stoney Creek.
In November 2022, the provincial government overturned the boundary freeze and imposed new expansion areas. Shortly thereafter, the Conservatives introduced new laws allowing developments to apply for urban boundary expansions.
The City has already received an application from developers who are seeking to create their own Secondary Plans for the Twenty Road West area.


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City of Hamilton and Spallacci Still Working Out Details for John/Charlton Towers – TPR Hamilton | Hamilton's Civic Affairs News Site

May 5, 2023
The City of Hamilton and Spallacci Construction Ltd still need to finalize the final print on a settlement to allow three 20-storey buildings at 299-307 John Street South and 97 St. Joseph’s Drive.
The Ontario Land Tribunal will conduct a second settlement hearing on June 8 to rubber-stamp the final version of Zoning Bylaw Amendment for the lands.
During Thursday’s settlement hearing, the OLT heard details of the agreement between Spallacci and neighbouring St. Joseph’s Hospital.
Spallacci agreed to ensure the construction of the towers does not interfere with hospital operations.
Spallacci will also inform any purchasers or renters of units the hospital “is anticipated to be redeveloped with a minimum building height of 12 storeys.”
The Zoning Bylaw Amendment will require 59 rental replacement units to ensure no loss of rental housing stock resulting from the demolition of the Terraces on John apartments.
The draft agreement presented to the OLT states the 59 units will be set to “average market rent” for Hamilton’s Downtown Core based upon the Canada Mortgage and Housing Corporation fall Rental Market Report.
Average Market Rent lags the listed market rent. The October 2022 AMR for a one-bedroom unit in Downtown Hamilton was $1,175 per month. Apartment listings start at $1,500 per month.
In practice, the new units will be below market rate.
The units shall remain rentals at this rate for a minimum of 15 years.
The draft states the City expects tenants to be provided with a move-out allowance of $1500 for one-bedroom and smaller units, and $2,500 for two-bedroom and larger units.
The City expects tenants to be compensated between two months’ rent and seven months’ rent, depending on their length of rental tenure.
The developer is expected to communicate with displaced tenants and the City when the new units are ready for occupancy.
Returning tenants will be charged their previous rental rate (plus provincially set annual rent increases) upon moving into new units.
Fifty-five units were occupied at 309 John Street South in January 2023.
There will be 196 residential units in each of the three towers and 135 units in the podium connecting them for a total of 723 units.
The unit mix will be 73 studio units, 213 one-bedroom units, 173 one-bedroom + den units, 194 two-bedroom units and 70 2-bedroom + den units.
There will be 708 vehicle parking spaces.
The OLT will return on June 8 to formally rubber-stamp the final agreement in the form of the Zoning Bylaw Amendment.
Council meets on May 24 and June 7 and is expected to approve the final language during one of these meetings.


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COLEMAN: Cindy Kennedy, Larry Di Ianni, and Our Flawed Municipal Accountability – TPR Hamilton | Hamilton's Civic Affairs News Site

May 5, 2023
Some candidates from last fall’s municipal election will face election finance compliance hearings in the coming months.
Candidates be wise to reflect upon their errors, be contrite, and make amends.
Unfortunately, the history of election finance violations and errors in Hamilton shows candidates doing the opposite.
The best-known example is then-Mayor Larry Di Ianni’s response to a citizen who did the heavy lifting of holding him (and other candidates) to account for campaign finance violations during the 2003 municipal election.
Di Ianni violated the Municipal Elections Act by accepting contributions beyond the campaign donation limit and from ineligible donors. A 2006 CATCH article posted to LiveJournal encapsulates Di Ianni’s campaign finance sloppiness.
After years of attacks against Chapman’s character, Di Ianni pleaded guilty to six violations of the Act in August 2006.
Two months later, Di Ianni was defeated at the polls, losing by 442 votes.
The first hearing, scheduled for next Thursday, involves a ward council candidate who filled a zero spending return but had spent money on their campaign.
Ward 4 council candidate Cindy Kennedy did spend money on her campaign.
During the Crown Point Community Garage Sale, she held a “meet and greet” and fund-raiser. She rented a bouncy castle for the event, purchased some balloons, and held a raffle.
Kennedy appears to be mistaken in believing that because she used her own funds and did not raise much money with the raffle, she did not have to file a complete financial report.
I’ve detailed the violations in a news story here: Ward 4 Council Candidate Cindy Kennedy Failed to Disclosure Election Spending.
[Note: Someone pointed me to the election sign photo at the top after I published the linked story.]
The complaint against Kennedy was filed by another Ward 4 candidate, Pascale Marchand.
Kennedy devotes much of her response to attacking and throwing shade at Marchand.
No government agency oversees Ontario’s municipal election finance laws.
Enforcement relies upon citizens to review financial returns, to be familiar enough with the law to understand potential violations, and to then compile the evidence into a request to their local Council-appointed municipal Election Compliance Audit Committee.
The system is broken.
After filing the complaint, citizens upholding electoral integrity often find their integrity smeared with baseless accusations and insinuations.
We should not tolerate dishonourable behaviour from those seeking public office.
Cindy Kennedy should heed the lessons of the past, take responsibility, ask Hamilton’s Election Compliance Audit Committee for leniency, apologize to Marchand, and accept she made an error in not filing a proper financial report.


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Council Supportive of Increasing Funding to Hamilton Farmers Market and Potential Reno or Move – TPR Hamilton | Hamilton's Civic Affairs News Site

May 9, 2023
A decision on renovating or moving the Hamilton Farmers Market will be considered later this year.
City councillors voted 14-0 today to hear more from Market vendors and stakeholders on a consultant’s proposal to renovate or move the Market.
The Farmers Market Board of Directors will discuss the report at its next meeting on June 5th at 5:00 p.m. at City Hall.
The decision follows the tabling of a fourth consultant report on the future of the struggling downtown Hamilton market, which has been plagued by misbehaviour and non-compliance with rules by a few long-time vendors.
Council is being asked to spend $200,000 on a new consultant to provide options and costs to renovate or move the market.
During a meeting Monday, councillors expressed strong support for the Market and a willingness to spend money to support it.
Councillors are concerned regarding how the Market will fare during the coming years as construction projects occur in the surrounding neighbourhoods and streets.
There will be the development of the Downtown Entertainment District, condos built at the soon-to-be-demolished City Centre, and the construction of light rail transit on King Street.
“There’s not a lot of institutions within the City of Hamilton that are 185 years old,” says Ward 10 Councillor Jeff Beattie. He says the City should be “prepared to take a small loss in the beginning” by funding improvements to attract more revenue for the Market.
Ward 2 Clr Cameron Kroetsch agrees with the consultants that the physical design of the Market needs to be improved.
“There’s so many nearby things that are going to change physically here in the very near future,” he says, adding “the timing makes sense” for an updated design and vision for the Market.
“I am glad we are turning the page,” says Ward 7 Clr Esther Pauls on the new direction.
Pauls was the sole Councillor on the Market Board during COVID and reminded everything that the old Council denied Market vendors access to COVID rent relief funds.
“I want to do whatever it takes for the Market to thrive, not just simply survive,” says Ward 9 Clr Brad Clark.
“The next 10 to 15 years will not be good to the Market,” he says of upcoming construction projects.
Clark wants to look at different temporary locations for the Market, including the foot of James Street at the waterfront or the Pier 8 Discovery Centre, as a construction mitigation strategy.
“I’m hoping that our staff are looking for those temporary locations because if it is the intent to leave the market as it is during the construction phase, I fear we’re going to lose more vendors.”
The Market needs a “champion” on City staff, says Mayor Andrea Horwath. “If we do not have someone passionate with the reins, it will be done at the side of somebody’s desk.”
Clark says Council needs to have a pending separate report on Market governance done before working on the visioning of the Market’s future.
“In the ideal world, we would be looking at governance and resolving that issue. And then, with the new governance structure, going through a mission and vision strategy.”
“I think it is premature to spend $200,000 without having [the governance] study.”
Is There a Future for Farmers at the Downtown Market?
Clr Beattie, a farmer himself, says, “The farmers, the actual agriculturalists. They only want to be at a farmers market one day a week” because direct-selling farmers prefer to move between multiple markets each week.
“They travel throughout Southern Ontario. They’ll do this town or city on this day, a different town, a different city on another day. And that’s how they’re geared to operate.”
The consultants note farmers prefer outdoor markets, “where they can just pull up their pick-up truck and ideally backup to their space” with easy offloading and setup, says consultant Kurt Wheeler of Public Spaces.
It is a challenge for an indoor downtown market to attract farmers.
Beattie adds, “if you look at the roots of the market, it was never meant as a every day of the week proposition.”
The governance report is expected to arrive at Council during summer. The report back on this report is expected to be during the same meeting.
The Market will continue to operate with reduced COVID hours during summer.


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Hamilton Election Compliance Committee Gives Cindy Kennedy A Break – TPR Hamilton | Hamilton's Civic Affairs News Site

May 11, 2023
Hamilton’s Election Compliance Audit Committee declined to pursue action against Ward 4 Cindy Kennedy for her failure to file a proper financial return.
Kennedy, who placed 9th in a field of 11 candidates, claimed to have spent no funds and have raised no money during her campaign. In fact, Kennedy spent funds and raised a minuscule amount of funds.
During the Committee meeting, Kennedy explained why she did not believe her campaign balloon was an expense.
“I did not have my lawn signs until almost two weeks before the election,” Kennedy stated. “That picture is not of the actual campaign sign … it just said Cindy Kennedy Ward 4, it did not say Cindy Kennedy Vote Cindy Kennedy.”
Kennedy repeatedly stated she ran to “do something for my community” and did not believe she was going to win.
“I honestly just had a garage sale with a raffle,” she said. “The day just cost me more than I made.”
“I’m sorry, I’m just going to plead ignorance on it.”
###Committee Questions and Further Violations
“Are there other expenses you put out of your own pocket?,” asked Committee member Linda Lister. “One of the things within with with your finances is anything that you put in is out of pocket has to be deemed as part of your election campaign contributions correct.”
Kennedy responded listing some of her raffle items, including that a couple donated a gift card for a restaurant and a neighbour donated two football tickets.
She also purchased $650 in campaign signs.
Committee member Viv Saunders asked Kennedy about her campaign website and domain. Kennedy stated her daughter did all the work on her website.
“Did you apply for a raffle lottery license?,” Saunders asked. Kennedy responded, “No I didn’t. Sorry.”
Kennedy offered to follow any direction from the Commmittee or pay any fine.
“if I have to fill anything out, I’m willing to do whatever, whatever penalty you guys say I am good, because I didn’t do what I was supposed to do.”
The Committee deliberated for approximately 100 minutes in closed session and decided not to order an audit of Kennedy’s campaign.
This closes the matter with no sanction. Kennedy will be eligible to run in the 2026 municipal election or any by-elections prior to it.


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Hamilton Farmers Market Board Exploring Canada Day Opening – TPR Hamilton | Hamilton's Civic Affairs News Site

May 1, 2023
The vendor representatives on the Hamilton Farmers Market Board of Directors want City Council to pass a special by-law to declare the Market a tourism destination to allow them to open on Canada Day.
Canada Day falls on a Saturday this year. Saturday is the busiest retail day at the Market.
Vendors stated at the Board the 2017 Canada Day Saturday closure was a significant hit to their monthly revenue. They state they did not experience any increased sales in the days surrounding the Canada Day Saturday, which differs from Christmas and Boxing Day.
The Market is required to close on Canada Day under the Retail Business Holidays Act.
A municipal council can pass a bylaw allowing businesses “to be open on holidays for the maintenance or development of tourism.”
Council must hold a statutory public hearing to pass a holiday exemption bylaw. Such a bylaw can be appealed to the Ontario Land Tribunal.
The Market Board approved having staff return for the June 5 meeting on the feasibility of passing a bylaw.
The City of Hamilton will also be responsible for holiday pay premiums for cleaners and security in the Market.


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HSR Looking at Fare Assistance Program, But Will End Automatic Free Transit for Mobility Device Users – TPR Hamilton | Hamilton's Civic Affairs News Site

May 9, 2023
Hamilton’s public transit agency is looking at decreasing single ride fares by 30 percent for low-income Hamiltonians with a new “Fare Assist” program that will replace free (“Voluntary”) fares for riders with mobility devices and the “Affordable Transit Pass” program that gives a 50 percent discount on monthly passes to low-income riders.
HSR managers expect approximately 88,000 Hamiltonians will qualify for the program based upon 2021 census figures.
“This program is expected to provide greater opportunity for access than the suspended programs and represents a more equitable product offering,” Director of Transit Maureen Cosyn Heath told Council in April.
Riders with mobility devices such as walkers, scooters, and wheelchairs presently ride the HSR at no charge. Additionally, Canadian National Institute for the Blind (CNIB) cardholders ride free.
“This program is all particularly operationally problematic and provides greater benefits to persons with visible disabilities over those who may have invisible disabilities,” Cosyn Heath stated as a reason for the change.
The new program will not provide a free fare option for these users.
Adult fares on programmed PRESTO cards will be $1.89 per trip.
The City lists the following income cut-offs for the program, using the Low-Income Measurement After-Tax.
FAMILY SIZE HOUSEHOLD INCOME (AFTER TAXES)
1 $26,570
2 $37,576
3 $46,021
4 $53,140
5 $59,412
6 $65,083
7 $70,298
8 $75,151
9 $79,710
10 $84,022
An online public survey is open until May 26 on the City’s engagement website.
Council will vote on this plan at a later date.


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Joey’s Notepad: Bob Wade, Hamilton’s First Amalgamated Mayor, 1933 – 2023 – TPR Hamilton | Hamilton's Civic Affairs News Site

May 5, 2023
The City of Hamilton’s first amalgamated Mayor, Robert E. (Bob) Wade, died last night at age 89.
Mayor Andrea Horwath shared the sad news with City Council this morning.
Wade was mayor from 2001 to 2003, leading the first post-amalgamation Council in creating the new City of Hamilton post-amalgamation.
The Mayor of the Town of Ancaster before amalgamation, Wade brought together the former six municipalities of Hamilton, structured the city government, ran a professional mayors office, and retired without seeking fanfare at the end of his term.
Hamilton is better for his service.
I was not around City Hall during the 2001 to 2003 term.
Those who were at City Hall at the time describe Wade as a honest, thoughtful, calm leader who brought dignity to the mayor’s office.
In the community, leaders described Wade as a diplomat who brought the new City of Hamilton together and did much to address the political wounds of amalgamation.
Wade was the consummate elder statesman during the past two decades. He remained involved in community life and service.
He made himself available to those who sought counsel, but never imposed himself into political debates.
Wade leaves behind a great example for us all to emulate.
Hamilton is better for his service.
READ: Mayor Andrea Horwath and Councillor Maureen Wilson Speak About the Late Mayor Bob Wade