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Farmers Market Board Debate Hours, Again. No Decision Made – TPR Hamilton | Hamilton's Civic Affairs News Site

January 11, 2023
The Hamilton Farmers Market Board of Directors held its first meeting of this Council term on Monday evening at City Hall. The meeting was in-person. There was no livestream.
The growing vacancies, public discontent, and drop in customers at the Market dominated the meeting.
The Market is presently operating with reduced “temporary COVID hours,” opening an hour later and closing two hours earlier each Market day.
The Market is open 9 am to 4 pm on Tuesday, Thursday, and Friday. 8 am to 4 pm on Saturday.
During the Grey Cup weekend, security guards had to herd dozens of people out of the market at 4 pm, including many eating at the Market’s prepared food booths.
The debate quickly turned to the strong divides between the traditional market vendors and the prepared food vendors.
The traditional vendors do not want any change to hours. Nor do they want any enforcement of hours.
Prepared food vendors are seeking more hours to serve food to people who work during the day and cannot make it to the Market during the weekdays.
The Market has an increasing number of vacant stalls as prepared food vendors leave due to the lack of open hours.
City director of real estate Ray Kessler suggested the Market Board look at various options, including shifting hours such as 11-7 or even 11-8.
After much discussion, the Board voted to have an hours survey conducted and a report to their February meeting.
Former Market Chair Eric Miller delegated to the first meeting.
Noting he served on the Board for over five years, he says he is “deeply worried about the current market and more worried now than I have at any time.”
“I find myself using the past tense to describe the market and its virtues much more so than present tense, unfortunately, which is really troubling me.”
Miller says the City and Market Board need to listen to vendors, market users, and the community.
The recent decision to change parking validation, including removing free parking on downtown event days, is hurting the Market, Miller says.
Miller’s delegation was received.
Market vendor Darren Kregar presented to gain formal approval to expand his upper-level General Store stall. The Board approved.
During his delegation expressed concerns about vendors being closed during Market hours, especially in the week leading into Christmas.
“In the upper level, we were the only people that were open, and we got very little traffic. If anything, I actually saw people coming up the stairs, see everything shut down and literally turn around. So we would have a nobody coming around myself on Wednesday before Christmas, Christmas Eve and New Year’s Eve. So it’s quite frustrating when you’re trying to run a business,” Kregar stated.
There is no “definitive definition” for what is a “premium” market stall space and what is a “standard” space.
“Premium” spaces are charged three dollars more rent per square foot.
The Board voted to have this reviewed and a clear definition created as part of the ongoing Market consultant report.
At the start of this meeting, Ward 2 Councillor Cameron Kroestch was elected Board Chair. Ward 10 Councillor Jeff Beattie was elected as Vice-Chair.
The Market Board’s next meeting is Monday, February 6, at 5:00 pm in Room 264 at Hamilton City Hall.
Delegation requests for this meeting can be made to the Board Chair, Cameron Kroetsch, by email.

created: January 11, 2023


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Gateway Arena Property Tax Appeal Fails – TPR Hamilton | Hamilton's Civic Affairs News Site

January 17, 2023
The Gateway Ice Centre at Fruitland Road and the South Service Road in Stoney Creek was unsuccessful in appealing their property tax evaluation.
Constructed in early 2012, the private arena operates year-round with three ice pads.
610 South Service Road Inc appealed the Municipal Property Assessment Corporation’s valuation of the property, classification as a commercial use, and MPAC’s determination that the rink is a “Regional Facility.”
The case is one of the more complex rulings by Ontario’s Assessment Review Board.
The ruling is 127 paragraphs.
The underlying land is assessed as industrial, at dispute, how MPAC came to its assessed land value of $420,000 per acre for a total value of $2,398,000.
The Board upheld MPAC’s calculation.
MPAC states they have three classifications for sports arenas: Professional, Regional, and Neighbourhood.
MPAC’s expert “testified that a Professional Facility has equipment that allows for the concrete surface to be used, for example, for a basketball game, and then quickly converted to an ice rink.  A Regional Facility does not have the same level of sophisticated equipment as a Professional Facility.  It refers to a modern facility that provides ice surfaces year-round.  For costing purposes, MPAC’s Expert’s uncontradicted evidence is that more costly ice rink components are required to maintain ice surfaces in the warmer months.  The Neighbourhood Facility refers to a facility which only provides ice rinks during the cooler winter season.”
MPAC classifies The Gateway as a Regional facility.
The Gateway’s owners argued they should be classified as a Neighbourhood facility.
The Board ruled it is a Regional facility, writing The Gateway failed to produce “any probative evidence to establish that the Sports Complex should be rated as a Neighbourhood Facility.”
This is a bit more complex of an issue.
The owners of the property attempted to argue that as the complex was built to provide services to two non-profit hockey organizations the complex should be classified as a “non-profit recreation sports club.”
The Board ruled that because a beneficial trust for the Non-Profit Organizations has not been created, the legal ownership remains with the 610 South Service Road Inc corporation.
“On the evidence, the Board accepts that the Appellant has established the first certainty of intention to create a trust, and the third certainty as to the objects of the trust, namely, to create a beneficial trust for the Non-Profit Organizations.
Therefore, the property remains in the commercial property class.
The Board cautions that it has further concerns regarding the plans for the Trust.
“In order to qualify for the Sports Club Exception, the property owner must be a non-profit recreational sports club” and there are existing for-profit operations on the site.
“Therefore, in this Decision, the Board can only raise the question whether the Non-Profit Organizations could only satisfy the Sport Club Exception criteria in respect of the areas of the Sports Complex that are not occupied by commercial business operations.”

source: news-thepublicrecord

created: January 17, 2023

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


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Hamilton Design Review Panel to Discuss Delta Redevelopment – TPR Hamilton | Hamilton's Civic Affairs News Site

January 10, 2023
Hamilton’s Design Review Panel will review the redevelopment plans for the Delta Secondary School site, 1284 Main Street East, during their January meeting this Thursday.
The meeting will begin at 1:30 pm. The public can view the meeting via a WebEx Webinar. Link here: https://thecityofhamilton.webex.com/thecityofhamilton/j.php?MTID=ma37258953da03016462d8f5fa6b6c0d3
The official description for the review is “proposed Multi-residential development & adaptive re-use of the former Delta Secondary School at 1284 Main Street East in Hamilton.
As first reported by TPR on June 2, 2022, the developers’ early concept vision was for 708 residential units on the site.
583 units in two 14-storey residential buildings and two 11-story buildings behind the existing former school building.
78 units within the existing heritage designated Delta Secondary building.
51 three-storey townhouses were proposed along Graham Avenue, Maple Avenue, and Wexford Avenue.
The updated plans are not yet posted. The new City of Hamilton website has ongoing issues that delays the posting of public documents to it.

created: January 10, 2023


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Hamilton Design Review to Discuss Eight Storey Proposal for 1866 Rymal Road East – TPR Hamilton | Hamilton's Civic Affairs News Site

January 29, 2023
A new planning application for the rapidly intensifying Rymal Road corridor proposes to build an eight-storey mixed-use retirement home with a daycare and ground-level commercial across from Bishop Ryan Secondary School.
Across Rymal Road, to the north, is conditionally approved for a 6-storey 54 residential unit building.
Hamilton’s Design Review Panel will review the proposal during their February 9, 2023, meeting. The meeting begins at 1:30 p.m. and can be viewed online via WebEx webinar.
The developer’s plan includes an outdoor patio space for the ground-level commercial units, ideal for a cafe.
The approximate 180-person retirement home will have individual living units ranging from studio units to two bedrooms.
The ground-level design will include windbreaks and other features to improve the comfort level of the pedestrian realm.
A private playground will be provided for the daycare.
The entire Rymal Road corridor is quickly intensifying with a number of nearby residential applications.
The City’s long-term transit plan proposes the rapid transit ‘S’ line to be constructed between the Confederation GO Station to the Ancaster Business Park.
The full planning documents will be posted to the City website on the Design Review Panel page.

created: January 29, 2023


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Hamilton Posts Bid Documents for New HSR Bus Barn – TPR Hamilton | Hamilton's Civic Affairs News Site

January 14, 2023
Hamilton’s public transit agency wants its new $300-million bus storage and maintenance facility built and open by the end of 2024.
The City posted bid documents for the facility this week.
The new garage will be located beside the 330 Wentworth Street North public works garage.
The new facility is often referred to as the “Bus Barn”
The 330 Wentworth facility was originally built for the HSR using provincial and federal funding. The former Region of Hamilton-Wentworth Council converted it to a public works vehicle storage building after a few years.
The new bus barn is largely funded by the provincial and federal governments.
The bid documents state the City wants the facility to house 200 natural gas-fueled buses, a bus wash facility, offices for HSR dispatch and administration, a five-storey parking garage for employees, 30 repair bays, and amenities for employees, including a fitness facility.
The winning bidder will be responsible for demolishing existing buildings and soil remediation on site.
The City says they want the building to “target” LEED Silver principles, but the City “will not be pursuing the certification itself.”
The HSR presently has around 275 buses in its fleet. The buses operate from a transit garage on Upper James Street near the airport.
The present Mountain facility is overcapacity, with many buses being stored outdoors. This lowers their life cycle and increases maintenance costs.
Operating out of the Mountain Transit Centre has increased the HSR’s operating costs as buses must travel to and from the facility to enter service in the Lower City.
The HSR will operate out of both facilities when the new garage opens.

created: January 14, 2023


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Hamilton Waterfront Trust Chair Resigns, Meeting Called for Tomorrow – TPR Hamilton | Hamilton's Civic Affairs News Site

January 10, 2023
Update, Jan 11, 2023: the Trust Board met in closed session with lawyers and accountants. Direction was given. The direction remains confidential.
Original story follows.
The ongoing saga of the Hamilton Waterfront Trust – the City agency infamous for its secrecy and financial mismanagement – continues.
City Hall claims the Trust is a private corporation and is not required to be transparent to the public.
The Trust was created by the City of Hamilton, is entirely funded by the City of Hamilton, operates on City of Hamilton lands, and the Board is selected by City Hall.
Additionally, the Trust is given “management contracts” to oversee City capital projects on Pier 8. This is on top of the usual city project management processes.
Board Chair Bernie Mueller suddenly resigned on January 5, 2023.
Mueller is not the first Chair to unexpectedly and suddenly resign.
Last March, Board Chair Trent Jarvis unexpectedly resigned “effective immediately” and disassociated himself from the Trust.
In late 2017, facing public scrunity, Chair Bob Charters resigned.
Wednesday’s special meeting of the Waterfront Trust Board will discuss “Legal Advice Regarding the Status of the Board of the Hamilton Waterfront Trust.”
The motion to enter closed session will be streamed on the Waterfront Trust’s YouTube page.
The meeting is scheduled to be begin at 5:00 p.m.


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Joey’s Notepad: Appointing Township Clerks as ICs Does Not Solve Underlying Cost Problem – TPR Hamilton | Hamilton's Civic Affairs News Site

January 14, 2023
The townships of Alberton, Dawson, La Vallee, Lake of the Woods, and Morley jointly appointed their municipal clerks to be the Integrity Commissioners for the other municipalities in a novel joint service agreement bylaw.
The bylaw is a practical solution to the impractically of Ontario’s Municipal Act requiring every municipality to retain an Integrity Commissioner at the municipality’s expense.
The cost of retaining former Hamilton City Solicitor Janice Atwood-Petkovski’s firm as Integrity Commissioner is $1250 per year, but another $1750 charge to provide training.
The population of Alberton is 954, Dawson 399, La Valle 788, Lake of the Woods 308, Morley 493.
$3000 is just the beginning. IC investigations can cost tens of thousands of dollars.
This joint services agreement addresses that problem.
The joint services agreement envisions some of the challenges of having an Integrity Commissioner who is an employee of a neighbouring municipality. They are provisions for one clerk to hand-off a complaint to another clerk if there is a conflict of interest.
Ultimately, the perception of a conflict of interest will exist because everyone knows each other in smaller communities.
What happens in the event of a severe violation, which requires filing a court application?
No matter how well-meaning and hard-working they are, small township clerks are not best qualified to do integrity work.
The solution to the ongoing shortcomings of how Ontario’s implemented municipal integrity commissioners is creating an independent provincial office to provide the service.


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Joey’s Notepad: City Files Injunction Against Soil Dumping in Flamborough – TPR Hamilton | Hamilton's Civic Affairs News Site

January 11, 2023
The City of Hamilton announced its hired Gowling WLG to file for an injunction at the Superior Court to stop soil dumping at 1802 Regional Road 97 in Flamborough.
For background on the soil dumping, you should read TheSpec, which has been covering the story in-depth. [I intentionally do not summarize key materials that other journalists spend time collecting, they deserve the web traffic.]
A couple of notes on this development.
1) Hiring Gowling is a smart move by the City.
Internal city lawyers do not have the expertise and work load capacity. The owner of the property sounds like he is going to argue the soil is part of his Normal Farming Practice.
Both site alternation and Normal Farming Practices are niche areas of expertise.
Related reading on Site Alternation, the Burlington Air Park saga.
2) The City’s Director of Bylaw is diligent.
Director, Licensing & By-law Enforcement Monica Ciriello and her managers will have collected all the necessary documentation, issued the necessary and appropriate notices and fines, and have all their work in order for the Superior Court to consider.
3) Hamilton’s recent updates to its Site Alteration and Normal Farming Practices policies will help.
The creation of the new Agricultural Site Alteration Application Review Working Group which interprets what constitutes “Normal Farm Practice” shows the City provides clear pathways for legal site alternation for farming purposes.
4) Injunction motions are judged against a three-part test. I explained this test in the context of encampments.


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Joey’s Notepad: The Court Challenge on Hamilton Urban Boundary – TPR Hamilton | Hamilton's Civic Affairs News Site

January 12, 2023
Ecojustice and Environmental Defense are seeking judicial review of Ontario Minister of Municipal Affairs and Housing Steve Clark’s decision to overturn Hamilton City Council’s urban boundary freeze and impose an urban boundary expansion onto prime agricultural lands.
Environmental Defense lawyer Phil Potham is a very skilled planning lawyer. His experience and reputation override my skepticism that a judicial review will be successful.
Nonetheless, I will outline some of my skepticism, acknowledging again that Potham and the team of lawyers he is part of can win this case.
Municipalities are creatures of the province. The province can do nearly anything it sees fit to them.
The Legislative Assembly intended to give the Minister of Municipal Affairs and Housing significant powers and latitude in the Planning Act.
Yes, I acknowledge the Legislative Assembly is effectively useless, that the Party bosses (all parties) hold all the power, and that backbench government MPPs serve merely as trained puppets.
The Courts are loath to be seen as interfering in political decision-making. The Courts seek to uphold the separation of powers between the judicial, executive, and legislative branches of government.
The recent Toronto ward boundaries court cases, involving the infamous decision by Premier Doug Ford to decrease the number of wards in Toronto to 25 during the 2018 municipal election, are informative.
In these cases, both the Ontario Court of Appeal and the Supreme Court of Canada held the province could change ward boundaries in the middle of the election, and there were no Charter protections for municipalities or municipal candidates.
There are two key differences between that court case and this judicial review.
The Hamilton urban boundary case is not a Charter challenge. The Toronto ward boundary case was.
The Hamilton decision is administrative. The ward boundaries were changed by legislation.
From the Ontario Court of Appeal decision, Toronto (City) v. Ontario (Attorney General), 2019 ONCA 732:
“[6] As explained below, none of the arguments advanced by the City of Toronto can succeed. Although it is framed as a matter of protecting freedom of expression in the context of a municipal election, in reality the applicants’ complaint concerns the timing of the legislature’s decision to change the composition of City [page709] Council — a change that is undeniably within the legitimate authority of the legislature. The applicants’ complaint has been clothed in the language of s. 2(b) of the Charter to invite judicial intervention in what is essentially a political matter. There is no legitimate basis for the court to accept this invitation.” [emphasis added]
The Supreme Court of Canada provides an excellent summary explaining the “reasonableness” standard of judicial review.
“A ‘reasonable’ decision is based on a logical chain of reasoning. It has to make sense in light of the law and the facts.”
“There can be more than one ‘reasonable’ outcome. Courts have to accept any decision that’s ‘reasonable.’ They have to accept it even if they would have decided something different themselves.”
In addition to the usual “reasonableness” standard of review, the Courts traditionally give deference to the Cabinet when exercising its political discretion.
This is to say; there is a tremendous legal burden upon the environmental appellants.
In a 44-paragraph application for judicial review, lawyers for the environmental groups argue Ontario’s Minister of Municipal Affairs Steve Clark failed to comply with sections of the Planning Act when he overturned Hamilton’s urban boundary freeze.
On November 4, 2022, Minister Clark imposed a new Official Plan upon the City of Hamilton. The provincial order expands the city’s urban boundary by 2,200 hectares.
The environmental appellants argue the Minister’s order is “unreasonable” and does not comply with the opening section of the Planning Act that states:
The purposes of this Act are,
(a) to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act;
(b) to provide for a land use planning system led by provincial policy;
(c) to integrate matters of provincial interest in provincial and municipal planning decisions;
(d) to provide for planning processes that are fair by making them open, accessible, timely and efficient;
(e) to encourage co-operation and co-ordination among various interests;
(f) to recognize the decision-making authority and accountability of municipal councils in planning.  1994, c. 23, s. 4.”
The appellants argue the Minister’s decision “failed to consider the purposes of the Act enumerated in s. 1.1” which include the promotion of “sustainable economic development in a healthy natural environment” and recognition of “the decision-making authority and accountability of municipal councils in planning.”
“The Minister unreasonably failed to consider these purposes and values as constraints on his decision-making under the Act, and failed to explain in a transparent, justifiable, or intelligible matter how the decision to impose amendments on the City’s Official Plans was consistent with those values and purposes,” reads the judicial review application.
They argue the Minister must explain his reasons for his decision “furthered or at least did not conflict with” the provincial interests listed in Section 2 of the Planning Act.
This section lists 19 provincial interests to balance in planning decisions.
These include:
(a) the protection of ecological systems, including natural areas, features and functions;
(b) the protection of the agricultural resources of the Province;
(f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;
(j) the adequate provision of a full range of housing, including affordable housing;
(p) the appropriate location of growth and development;
(q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians;
(s) the mitigation of greenhouse gas emissions and adaptation to a changing climate.
Similar to the arguments for Section 2 of the Planning Act, the appellants argue the Minister failed to consider the entirety of the Provincial Policy Statement and the Growth Plan, “A Place to Grow, 2020.”
“The Minister unreasonably failed to consider the objectives of the PPS and Growth Plan or the specific policies thereunder as constraints on his decisionmaking under the Act and failed to explain in a transparent, justifiable, or intelligible matter how the decision was consistent with or conformed to the plain language and intent of the applicable plans and policies,” they write.
The appellants will argue that Hamilton’s urban boundary freeze growth plan, with an 80 percent intensification target, meets the provincial land needs assessment requirement to 2051.
They argue the Minister overturning Hamilton’s local plan is “unreasonable” because the Hamilton plan complies with the Provincial Policy Statement and Growth Plan.
The appellants will argue the Minister unreasonably failed to consider Ontario’s Environmental Bill of Rights, especially Section 11, which states:
“The minister shall take every reasonable step to ensure that the ministry statement of environmental values is considered whenever decisions that might significantly affect the environment are made in the ministry.”
Generally speaking, administrative decision-makers are expected to provide written reasons for their decisions.
The appellants’ application includes this as grounds for quashing the Minister’s decision.
“The Minister provided no public reasons for his decision to impose significant amendments on the City’s Official Plans.”
The Supreme Court of Canada website’s judicial review brief notes, “there are some cases where decision-makers don’t have to give reasons. But people need to understand the decisions that apply to them.”
[For emphasis, the SCC brief is not a legal document. It serves “to help the public better understand Court decisions. I cite it for convenience and its use of plain language]
2018’s Christian Heritage Party of Canada et al. v. City of Hamilton was decided against the City of Hamilton for lack of reasons.
The appellants ask the Court for:
(a) A declaration that the Minister’s amendments to the Official Plans were unlawful;
(b) An order quashing the Minister’s amendments to the Official Plans and remitting the matter back to the Minister for redetermination;
(c) Guidance from the Court requiring the Minister to consider the policy statements referenced in subsection 3(5) of the Act when exercising the powers as approval authority under section 17(34) of the Act.
This will be a novel case. We’ll have to see what happens.
The courts do not substitute their judgement for the decision maker in judicial review, which is why the remedy sought is for the Court to provide “guidance” to the Minister.
Even if environmental applicants are successful, Premier Doug Ford and Minister Clark will be able to impose their will and force the expansion of Hamilton’s urban boundary.
Let’s presume the Divisional Court rules in favour of the environmental applicants, and the Court’s guidance goes as far as stating the boundary expansion is not allowed under present legislation, the Conservative government can simply change the Planning Act.

created: January 12, 2023


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Joey’s Notepad: Where Councillors Stand on the Police Budget – TPR Hamilton | Hamilton's Civic Affairs News Site

January 17, 2023
Hamilton City Council discussed the Hamilton Police Budget for three and half hours last Wednesday, including the police budget presentation.
YouTube link to the start of the discussion.
Wednesday’s presentation was not a debate. While some councillors stated their stance on the budget, others stated they will await the police budget debate later in the budget process to state their position.
The Police Board approved a 6.71 percent budget increase for 2023. Council can only vote yes or no to the Police Board request. They cannot amend it.
If Council votes against the budget, the Police Board can appeal to the Ontario Civilian Police Commission.
To ensure accuracy, I’m being very cautious about stating a councillor’s position unless it is clearly articulated.
(This is why, even in instances in which their questions could be read as indicating a position, especially in light of past comments or opposition to police budget increases, I do not categorize in favour or opposed.)
It is good governance to ask critical questions. There should be no sacred cows.
Ward 5 Matt Francis
“I’m impressed with this budget. I’m happy to support it. I’m thankful for you guys.”
Ward 6 Tom Jackson
“Chief, I think this is a reasonable budget.”
Ward 7 Esther Pauls
Voted in favour of the budget at the Police Services Board.
“I see the budget increase of 6.71 as a catch-up budget.”
Ward 8 John Paul Danko
“Through this maintenance budget here, the vast majority of that budget is not negotiable, that it’s already been locked in. So if this council was to make the decision that we weren’t going to fund a 6.71 percent increase. The only result of that, hypothetically, would be a cut to frontline officers.”
“Nobody actually campaigned on removing frontline officers or defund the police. ”
Ward 11 Mark Tadeson
“From my experiences during the campaign, there was an overwhelming desire, need support for more police presence in Glanbrook and the rural areas.”
Ward 14 Mike Spadafora
“You know, it’s a tough job. And I, you know, a big supporter of the Hamilton Police Services during my campaign and knocking on doors.” Spadafora stated he hopes to see more visible policing in the community.
Ward 15 Ted McMeekin
“I’m impressed with the budget. [I] intend to support it.”
Ward 2 Clr Cameron Kroetsch
Kroestch voted against the budget increase at the Police Services Board.
Mayor Andrea Horwath
The Mayor asked questions on crime prevention, social determinants, efforts for diversion and resolution to prevent people from ending up in the criminal justice system.
The Mayor shared her experiences spending a day with the Hamilton Police social navigator program and the HPS collaboration with community agencies and supports.
“It was pretty moving, to be honest with you,” she said of how people were welcoming of the social navigator and the navigators relationships.
“Pople who were having difficulties, whether it was drug use or mental health when they saw the officer show up with a or a person show up with social navigator on their vest. It was positive.”
The Mayor stated she is a “big supporter” of the social navigator. She encouraged members of Council to go for a ride-along with this program.
Ward 1 Maureen Wilson
“My understanding is that the Hamilton Police Service has increased its budget by 70% and last 20 years. I’d like that confirmed. But I do think it’s important for us to have a debate on the measure of our expenditures in terms of quantum in those things that we deemed to be preventative in nature. Housing is preventative in nature. expending money on recreational services is preventative in nature. expending money, church money, and public health is expenditure is preventative in nature.”
Ward 3 Nrinder Nann
Asked how Hamilton Police define adequate and effective policing – the required standard for municipalities to fund police under the Police Services Act.
“How does the Hamilton Police Services define adequacy and effectiveness? And is there a measurement tool that the service uses as as it relates to defining the target as well as measuring that target?”
Ward 4 Tammy Hwang
Hwang asked questions regarding use of technology, open data, and transparency.
Ward 9 Brad Clark
Clark asked when the 13 new police officers proposed in the budget will be hired. He also asked why police are required to respond to mental health distress calls.
Clark thanked Hamilton Police for their response to a 2021 Upper Stoney Creek shooting which left one person dead and two people wounded.
Ward 12 Craig Cassar
Asked questions on metrics, practices, and recruitment constraints due to a limited number of seats at the Ontario Police College.
At the end of his questions, he stated:
“Those are all my questions. So personally, thank you for the time you’ve invested here today. And on behalf of Ward 12, for everything that HPS does. ”
Ward 13 Alex Wilson
Wilson asked questions regarding crime prevention, the Police Services Acts budget process, and if the City can reduce traffic enforcement costs by using non-sworn civilians in place of sworn police officers.


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Mayor Horwath Begins to Lead – TPR Hamilton | Hamilton's Civic Affairs News Site

January 9, 2023
The Christmas Break saw Mayor Andrea Horwath acting publicly lead at City Hall, after what seemed a slow start.
The first major public pronouncement was in response to an unconscionable decision by City staff to shut off funds to the City’s only overnight warming centre in the middle of Christmas Eve’s blizzard.
The second is responding to a landlord not providing water in an East Hamilton building.
The first was entirely reactive. The second, while also reactive, is a significant change – past mayors never acted to protect Hamiltonians who rent their housing.
At 7:06 pm on Christmas Eve, with a wind chill of -23 and wind gusting to 60 km/h, Hamilton City Hall declared a -19 windchill to be warm and ended the City’s Cold Alert.
Charles Dickens could not dream up a worse modern-day Scrooge.
The decision to close Hamilton’s only overnight warming centre, The HUB, sparked a public outcry. The public raised funds to keep the centre open and City Hall entered into spin mood trying to justify being the only municipality to cancel its Cold Alert.
The Mayor commented on Boxing Day, and two days later (Dec 28) announced the City will operate and fund warming centres throughout the remainder of this Winter.
The truth of what happened is already obscured in the attempts to deflect blame for the Christmas Eve decision.
City staff claim that cancelling the Cold Alert did not affect The HUB.
The HUB could’ve stayed open, applied for reimbursement consideration, and City staff would’ve approved reimbursement.
City Council passed an urgent motion at the December 1, 2022, Emergency and Community Services meeting adding $125,000 to the budget for overnight warming centres. The direction was clear – the centres were to be open.
Hamilton’s unhoused population is increasing. Emergency shelters are full and turning people away. People are desperately trying to find create ad-hoc shelter from the elements. Renovictions continue to drive people into homelessness.
For too long, City Hall has seemingly ignored the plight of renoviction.
In fact, the City supported renovictions with financial incentives.
December 30th’s CHCH newscast aired an all too familiar story, a landlord failing to provide essential services to their tenants.
The same tenants the landlord is trying to renovict. City staff did not provide comment to CHCH.
In a change from past practice, Mayor Horwath quickly commented after CHCH reported the story.
“I’m very disturbed by the situation at 1083 Main St. E. and have asked City staff to do everything possible to ensure people have access to water which is a necessity of life and a basic human right,” Mayor Horwath tweeted.
On January 1st, the Mayor updated the City was delivering water to the residents.
“I will continue to monitor the situation and take immediate action as appropriate to ensure community members have access to vital services in their homes. We are continuing to explore all avenues we can at the municipal level,” the Mayor tweeted.
These decisions signal to City staff that priorities are changing.
Cancelling a Cold Alert saved $3000. Not enforcing property standards saved money. If money is what is measured, these are the expected outcomes.
We know people can freeze to death in the cold. We know people suffer when the City does not enforce property standards.
If the measure is public service, the outcomes serve people.
Prioritizing people saves more money in the long-term.
Preventing hospitalizations and homelessness is a good public policy, no matter how you view it.

created: January 9, 2023


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OLT to Hold 9-Day Hearing in November for 186 Hunter Street East – TPR Hamilton | Hamilton's Civic Affairs News Site

January 9, 2023
The Ontario Land Tribunal will conduct a 9-day contested hearing to decide upon an application for a 12-storey 104 residential building at 186 Hunter Street East in Hamilton.
The hearing will begin on November 6. The Tribunal will not sit on November 13.
LiUNA filed its non-decision appeal in June, shortly after the 120-day deadline for Council to decide on the application.
LiUNA’s lawyer, Russell Cheeseman, expressed frustration at having to wait until November for the hearing.
“Just for the record … we filed this application back in December of 2021. It was deemed completed January, early January of 2022,” Cheeseman opened.
“Here we are, the start of ’23. We’re going to have a hearing now in November of 2023. And probably a decision not until early 2024.”
“It’s non-profit housing, and we’re, you know, it’s two years to get a hearing date. I just want to go on the record saying … [the City] may need to get some more people in their legal department to handle the hearings that are coming their way,” Cheeseman continued.
OLT Vice-Chair Sharyn Vincent noted Cheeseman’s concerns and suggested the parties work to narrow the issues, attempt mediation, and have their experts meet.
“I cannot encourage strongly enough the importance of putting the disciplines together in one room. I generally highly recommend without the attendance of counsel. I obviously can’t dictate that I’ll leave that to the parties,” stated Vincent.
City of Hamilton lawyer Patrick MacDonald states the City will present evidence in three areas of expertise.
Cheeseman states he expects to call three or four expert witnesses in response to the City’s experts.
Both lawyers say they are close to agreement on the issues list for the hearing.
The OLT videoconference meeting was observed by at least one member of the public.
LiUNA had a second lawyer present and Registered Professional Planner Matt Johnson from Urban Solutions.
Two new OLT members observed the hearing as part of the Tribunal’s onboarding process.
Earlier in the hearing, Vice-Chair Vincent asked questions of clarification regarding the proposal, asking Cheeseman, to “describe for those that are observing the understanding as to what a non-profit housing unit is.”
“As I understand it, ma’am, non-profit housing means that it’s going to be less than market housing for people who, who need that form of assistance,” Cheeseman stated.
“It is definitely targeted as a nonprofit. Alright, thank you,” Vincent confirmed.
The City’s lawyer agreed to send a finalized issues list to the OLT Vice-Chair within two weeks.
Following this, the OLT will issue a procedural order.


text:
The Public Record Email Edition for Monday, January 23, 2023 – TPR Hamilton | Hamilton's Civic Affairs News Site

January 23, 2023
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It was an interesting week at Hamilton City Hall. It felt like Groundhog Day the movie. You know, the movie in which Bill Murray’s character relives the same day over and over again.
Encampment indecision repeat.
HATS indecision repeat.
More audits revealing systemic City Hall staff culture issues.
Capital budget near indecision.
Finally, on Friday, Council appears to be finding its feet.
They approved the 2023 capital budget – with reservation.
They voted to hold a workshop by March 31st to map out their priorities.
In a late Friday 14-0 vote, they committed to prioritizing the implementation of active transportation infrastructure during this term of Council.
More on the week and Council below in the summary stories.
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Prime Minister Justin Trudeau and the entire federal Liberal Cabinet are visiting Hamilton this week for their annual retreat. They’ll be setting their legislative priorities for the coming year in Parliament and likely figuring out election strategy if their minority government is toppled.
The 2023/24 federal budget will top their agenda.
Hamiltonians can expect the PM to drop announcements daily in areas of priority for the federal Liberals: Education, Health Care, and Housing.
I noted in the mid-December newsletter that the 322-unit Kiwanis Homes & Victoria Park Community Homes project at 60 Caledon Avenue was moving unusually quickly through City Hall approval processes, and all the project needs is federal funding.
Mayor Andrea Horwath noted the November 10 federal rapid housing funding announcement during her November 16 inaugural speech. As I wrote, Horwath enjoys a very good relationship with Hamilton’s federal cabinet minister Filomena Tassi.
This past week, the Committee of Adjustment granted final approval for zoning variances.
Bill 23 (Doug Ford’s controversial Planning Act changes) removed the right for third parties to appeal CoA decisions.
60 Caledon is signed, sealed, and just needs federal funds delivered.
A picture-perfect photo-op for the Prime Minister. I’ll be shocked if funding is not announced this week.
Past cabinet retreats have seen Ministers out in the host community meeting leaders, visiting institutions, and making smaller announcements.
Of course, the PM will visit a few small businesses. Trudeau has a sweet tooth for Donut Monster.
Who knows, you may meet the Prime Minister this week.
[Click the link for a photo of the March 14, 2018, Hamilton Spec front page, the other front page headline that day? “Will Andrea Horwath consider a run for the mayor’s seat?”]
IMAGE: Official White House Photo by Adam Schultz
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$295.26 is the current projection for Hamilton 2023’s average property tax increase, based on a house with an assessed MPAC value of $386,000.
[Yes, this is the average assessment, which differs from market value due to lag in MPAC re-assessment periods.]
Councillors voted Friday to approve the 2023 capital budget of $251-million.  There was a brief debate regarding delaying approval.
Delaying would increase construction costs. Council decided to focus their energies on making changes in time for the 2024 cycle.
They will ratify the capital budget this Wednesday.
Police Budget on Track to Approval
City Council spent 3.5 hours hearing from and questioning Hamilton Chief of Police Frank Bergen on the HPS’ 6.71% budget increase ask for 2023.
The debate on the police budget will be held in February.
Council can only vote yes or no to the Police Board request. They cannot amend the police budget. If Council votes down the budget, the Police Board can appeal to the Ontario Civilian Police Commissioner to force approval.
Council approval is virtually guaranteed.
Seven councillors already state they will vote in favour: Francis (W5), Jackson (W6), Pauls (W7), Danko (W8), Tadeson (W11), Spadafora (W14), and McMeekin (W15).
Kroetsch (W2) voted against the budget at Police Board.
Mayor Horwath, Councillors Maureen Wilson (W1), Nann (W3), Hwang (W4), Brad Clark (W9), Cassar (W12), and Alex Wilson (W13) have asked questions but not definitively declared how they will vote.
“Nobody actually campaigned on removing frontline officers or defund the police,” stated Danko during his questions.
More of the councillors quotes and comments in this TPR story: Joey’s Notepad: Where Councillors Stand on the Police Budget
Councillors Happy with Conservation Budgets
City Councillors praised the Royal Botanical Gardens, praised Conservation Halton, especially for its recent reports giving monetary valuation to natural watersheds flood protection, had a love-in with the Hamilton Conservation Authority for its retention of paid members following the COVID explosion in people buying conservation passes, expressed thanks for the multi-jurisdictional work of the Grand River Conservation Authority, and expressed thanks to the  Niagara Peninsula Conservation Authority for its substantial reforms and governance improvements following years of fiasco and scandal tied to one of Hamilton’s appointees to the Authority.
Councillors opined against Premier Doug Ford’s decision to strip Conservation Authorities of many of their environmental roles, including forbidding them from broadly reviewing land use and development applications for ecological and other environmental impacts.
Thumbs Up for the Farmers Market
The Hamilton Farmers Market Board will decrease its advertising spending in 2023 to meet Council’s request for a budget freeze.
With recent turnover at the Market Board, Market Manager Bill Slowka presented this year’s budget to Council.
Slowka is an operational employee of the City, and he speaks with the honesty of a front-line worker sharing the market’s challenges and where he sees opportunity.
He presented the Market’s foot traffic counts (click the graph above for larger image). The Market is still experiencing a drop of more than 50% in foot traffic, some popular vendors have left for new storefronts, and there’s the issue of Market hours.
The new Council is very supportive of the Market. Mayor Horwath’s comments capture the mood of Council.
The Market is a “jewel in our crown as a city” that is “a destination” which should remain public.
“The Farmers Market is a public entity, and I believe we need to protect that.”
There is an ongoing consultants review of the Market. When the report is presented to Council in the coming months, Council will need to provide increased funding to implement whatever plan comes forth to get the Market back on track to financial self-sufficency.
The Market Board meet on Jan. 9. They debated Market hours again.
The Market continues to operate on March 2020 “temporary COVID hours,” closing at 4 pm on the days it is actually open.
At the Jan 9 meeting, the two delegations were informative. Former Market Chair Eric Miller told the Board he is “deeply worried about the current market and more worried now than I have at any time.”
Market vendor Darren Kregar shared his frustration at the non-enforcement of Market lease agreements. He says with most vendors closing at random, his business is suffering.
“I actually saw people coming up the stairs, see everything shut down and literally turn around. ”
Full Story on TPR: Farmers Market Board Debate Hours, Again. No Decision Made
HAVE YOUR SAY: The Market Board will again debate operating hours at their Monday, Feb 6, meeting. 5 pm, City Hall.
Register to delegate by email to the Market Board Chair, Ward 2 Councillor Cameron Kroetsch. Cameron.Kroetsch@hamilton.ca
Everyone Loves the Library [Budget]
The Library’s request for a 3.5% budget increase gained strong support as Councillors went around the horseshoe praising the library.
City Hall watchers know that Ward 6 Councillor Tom Jackson asks the same rhetorical question each and every year seeking reassurance that “my seniors” will continue to receive bookmobile service in front of seniors’ buildings and long-term care facilities.
This year, rookie Ward 14 Councillor Mike Spadafora asked about bookmobiles first, leaving Jackson to vary his question by asking Chief Librarian Paul Takala to discuss routine lifecycle replacement of bookmobiles.
“The messaging today, especially for many seniors that are shut-ins the bookmobile so valuable, is that you’re going to maintain and continue them on the road and look to the future to hopefully replace down the road. Count me in if you need capital dollars,” Jackson opined.
City Manager violates AODA refuses to Make Clean Budget Available
The City Manager’s Office refuses to provide the City’s budget documents in a machine-readable open format.
In a first for any Canadian municipality, Hamilton applied a cipher layer to the City’s budget PDF to prevent search engines from reading the budget and stop people from using scripts to analysis the budget.
The cipher violates the Accessibility for Ontarians with Disabilities Act. AODA requires accessible PDFs that can be read by screen readers
When a reader selects text in the budget layer, the invisible cipher layer is selected. Any attempt to copy public information actually copies the cipher layer. “2023 Tax Supported Capital Budget” is ciphered into “7D[ 6XSSRUWHG &DSLWDO %XGJHW”
On December 22, City staff told Council the problem is caused a third-party vendor [the vendor provides services to thousands of local governments none of whom are affected by the alleged issue] and they were working with the vendor to remove the cipher.
If this were true, the cipher was applied when City staff uploaded the document; then City staff have a clean PDF sitting on their computers.
A month later, City staff are still unable to provide a clean budget document.
HAVE YOUR SAY – Budget Delegations on Feb 6, 3 pm to 7 pm
When debating delaying the capital budget, a few members of Council cited a desire to hear from the public before approval.
Budget public delegations will be held on Monday, February 6, beginning at 3:00 pm in the Council Chamber at City Hall, 71 Main Street West, Hamilton.
You can speak on any topic, provided you tie it to the budget. It’s as simple as saying “I think the City budget should prioritize (or not) …”
Delegations can be in-person, by video, pre-recorded, or written.
Register on the City website.
The Upcoming Week’s Budget Presentations
Monday: Corporate Services Department
Planning and Economic Development Department [Presentation slides already available]
Tuesday: Public Works Department
Thursday: Healthy & Safe Communities Department
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Tiny Shelters Shelved Again
Council’s Emergency and Community Services Committee voted 5-0 to send the Hamilton Alliance for Tiny Shelters (HATS) project back to restart its site selection committee in what was an at times tense meeting Thursday afternoon.
Back in December, at the request of Ward 3’s Nrinder Nann, Council turned down 647 Barton Street as a site following community opposition.
HATS was instructed to work with City staff to find a more suitable site.
Council wants the political cover of staff recommending a site.
Staff do not want to make what is effectively a political decision – there is no ‘perfect’ site.
HATS came back last week with three proposed sites: Cathedral Park (the park beside Highway 403), the Barton/Tiffany lands, and a strip of land on Lloyd Avenue near Barton Street East and Gage Avenue North.
Underlying it all, the unspoken reality the HATS three-year “pilot” will become a permanent part of Hamilton’s housing continuum.
Thus far, Waterloo’s similar tiny homes project has only transitioned two residents to permanent housing. There is not enough rent-geared-to-income housing to move people into.
Maureen Wilson expressed concerns about the displacement of individuals presently encamped around Cathedral Park. HATS states they need exclusive use of an area for tiny shelter residents to be able to succeed in transitioning out of challenges which lead to their being unhoused.
“Displacing one community for another, I don’t think is [HATS] objective.”
Wilson noted that $100,000, which is what HATS is requesting from the City, “can prevent 55 families or 25 couples at risk from entering the stream of homelessness … we can secure housing to ensure they’re not in a precarious position for 90 singles … we could do direct $100,000 to indigenous service providers as part of our commitment to truth and reconciliation …  I would prefer if we have a surplus of $100,000 that it could be provided to ensure that 55 families don’t enter into that pathway of homelessness” [YouTube Link]
Ward 2’s Cameron Kroestch said he only learned of the potential for Barton/Tiffany at Thursday’s council meeting. “It’s complete surprise to me in this moment that the preferred site is on the Barton Tiffany lands.”
“This is a super residential neighbourhood,” Kroestch stated that people need to be consulted to get their views having HATS in their neighbourhood.
The vote to restart the process was carried 5-0 with Maureen Wilson (W1), Kroestch (W2), Jackson (W6), Clark (W9), and Alex Wilson (W13) voting in favour. Nann (W3) and Hwang (W4) were absent for the vote.
GM of Planning and Economic Development Jason Thorne says the work of reviewing potential sites “
is going to take a number of months to do.”
“I think for HATS unfortunately, the delegation today really was, in my humble opinion, a waste of their time,” noted Ward 6’s Tom Jackson.
The following Councillors took to Twitter Friday to make statements regarding their positions and vote on Thursday.
Maureen Wilson thread: Says she supports HATS, “I’m looking to staff for a firm, recommendation on an optimal location to depoliticize site selection process” and is seeking consultation before deciding upon a location.
Cameron Kroestch thread: Says he wanted the Sir John A MacDonald secondary school site and now wishes there to be public consultation of Barton / Tiffany neighbours.
Alex Wilson tweet:  “I was + am comfortable with endorsing the project with funding conditional on the location + operational components being resolved. ”
Public comments can be sent prior to 12 noon on Tuesday to be placed on Wednesday’s Council agenda when all 16 council members must decide on the HATS project. Submissions by email to clerk@hamilton.ca
Board of Health Reform
The new Council decided to proceed towards creating an independent Board of Health with a mix of elected officials, community members, and regulated health professionals.
There was not vote at BoH, instead an agreement to wordsmith a motion for this week’s Council ratification meeting.
Toronto and Ottawa‘s Boards consist of a mix of council members and non-political members drawn from health professions and the community. The advantage of a professional board of health is the members bring a wider range of experience.
The concern of past Hamilton Councils was the loss of control over public health decisions and the ability of an independent Board of Health to take positions which differ from the elected Council on budgetary decisions and public health approvals such as safe injection/consumption sites.
Elected Council will be able to vote against a Board of Health budget submission, however, the politics of such a spat would be messy.
Council agreed to a two-phased approach.
The creation of an “advisory” body until the City of Hamilton Act is amended by the Legislative Assembly of Ontario to create an independent Board of Health.
[The Legislative Assembly returns on Feb 23. It’s summer recess is scheduled to begin no later than June 5]
To my ear, the “advisory” body’s members will become the Board of Health.
Ward 6’s Tom Jackson is opposed.
“We were elected by the community of 580,000 people in this city to serve for the next four years and do our best to make deliberations over the $2-billion Corporation of this City,” Jackson stated. “So I’m just fundamentally opposed for that reason, I just would feel it as a form of abdicating my responsibility.”
Short-Term Rentals
In a 10-2 Planning Committee vote, Council voted to restrict short-term rentals to the owner’s principal residence with no cap on the number of days it can be rented out.
There will be licensing and inspection fees. The short-term rental can be within a secondary dwelling units.
Conversion of an income property into a short-term rental will be prohibited.
There were over a dozen delegates on this issue, nearly all operate Airbnbs for income.
Many stated they do not want regular tenants because they do not want to deal with the backlogged Landlord Tenant Board.
The Board is a disaster for both tenants and renters – with massive delays that allow bad tenants and bad renters able to abuse the system.
The City will hire 2.25FTE by-law enforcement staff.
If the 10 votes in favour do not change their position, the new bylaw will be ratified this coming Wednesday.
A letter writing campaign is underway by Airbnb hosts asking Council to not impose any local regulations. Submissions to Council are accepted until 12 noon Tuesday, by email clerk@hamilton.ca.
University of Toronto Master of Science in Planning student Emily Power provided an excellent presentation of her research into short-term rentals in Hamilton. Watch starting here YouTube Link.
Encampment Response
Council’s Wednesday GIC meeting heard from delegations opposed to the City’s encampment enforcement protocol.
However, due to time constrains (the meeting adjourned at 8:38pm, having begun at 9:30 am), Council’s debate and decision is deferred until the February 1st GIC meeting.
Council will vote on a mix of enforcement measures and outreach options to respond to encampments. They include making permanent the CIty’s encampment response group at a cost of $1.3-million annually.
This includes hiring a 5.5 outreach staff, adding two police officers to the Hamilton Police to “support the co-ordination of encampment response efforts across the community, two by-law officers, and adding $200,000 to the City’s waste collection budget.
During the discussions this week, the idea of a “hands-off” approach to encampments which are not generating complaints was talked about.
Council voted that any further delegations on this report will be written.
Can Hamilton Declare a State of Emergency re: Opioid Deaths / Overdoses
During Council’s emergency operations training, Ward 9’s Brad Clark asked if the City can declare a State of Emergency to access provincial and federal funding to respond to the crisis of opioid deaths and overdoses.
“I’m trying to understand what would the thresholds be for us to declare an emergency for overdose, we’ve seen an unprecedented number of overdoses in the city. And sadly, and an unprecedented number of overdose deaths. And so I’m trying to understand what is the thresholds that we would use in order for the city to call an essence of state of emergency due to overdoses?”
“If I understand provincial legislation, if we declare a state of emergency, it opens up some funding opportunities. So when I’m looking at this issue with regards to substance abuse, or hitting some really high numbers. And I’m wondering if if the declaration of a state of emergency over substance abuse and overdoses, specifically, whether or not it would open up the funding for us to help more people, because it’s not just the downtown Hamilton issue. It’s citywide, and oh, these are happening everywhere.”
Council voted unanimously to have staff research options.
Cold Alerts and Cold Weather Response
Council discussed the City’s public health Cold Weather Alert system and then separately the Community Service cold weather measures for emergency shelters.
Hamilton’s senior-most staff decided on Christmas Eve to declare -12C with -23 windchill to be warm enough to cancel a Cold Alert and close the City’s only warming centre which is run by a charity, the HUB.
The Hamilton Community Benefits Network stepped in to fund the HUB for Christmas Eve, with crowdfunding keeping it open for two more nights before a public outcry forced City Hall to commit to funding warming centres until March 31st.
At Board of Health, Council voted to review the Public Health Cold Alert threshold.
Ward 15’s Ted McMeekin suggested “zero [degrees] may be a good start and maybe the number of warming centres increase as the temperature drops.” .
At Thursday’s Emergency and Community Services meeting councillors voted to add $300,000 to the warming centres budget to ensure between now and March 31st, that warming centres are always available.
A review of the City’s non-Public Health Winter Response Strategy will be completed and presented to Council in a few months.
Moving Forward on Active Transportation Infrastructure
Council wrapped up the 2023 capital budget debate Friday with one final motion – staff are to report back on the cost of additional staffing to accelerate the City’s active transportation infrastructure.
The motion followed a debate on adding $500,000 to the 2023 budget to hire more engineers, staff, and other resources to accelerate the planning and implementation of bike lanes, tracks, and mixed-use trails across the region.
“I support, so thoroughly, the cycling network that needs to come and so many people ride bikes in rural areas, and they are a danger,” stated Ward 11’s Mark Tadeson.
Ward 10’s Jeff Beattie said the City needs to do better than a “piecemeal approach to some of the implementation of active transportation across the city.”
Ward 1’s Maureen Wilson says implementing good active infrastructure and transit will help decrease the cost of living by enabling families to move around the city without having to purchase a second vehicle.
The vote was unanimous.
The report will come to Council after the close of the 2023 budget. Funding to hire staff and create plans will come out of reserves or other sources, with projects being brought forth to the 2024 capital budget process.
Jamesville Appeal Closed Session
Council went into closed session for a briefing on Canada National’s Ontario Land Tribunal appeal against the redevelopment of the Jamesville Site.
[TPR story on appeal here: CN’s Jamesville Appeal Very Similar to Port Appeals of Pier 8 Plan]
Council will release a statement after this Wednesday’s Council ratification meeting.
CN’s appeal letter indicates they believe the City failed to meet the planning and environmental requirements to ensure compatibility with CN’s operations.
“Sensitive uses should not be permitted within 300 metres of rail yards, as rail yards have an area of influence of 1,000 metres where negative impacts can occur on the proposed use,” writes CN’s legal counsel Katarzyna Silwa of Dentons Canada LLP.
“CN’s reasons for the appeal are centred on concerns of safety, odour, vibration, noise and whether the proposed sensitive land uses are appropriate for the Lands. CN was not opposed to the approval of OPA 249 and ZBLA 22-220 provided that the impact of the adjacent rail operations were accounted for and mitigated, as required.”
I detail in the TPR story how the City settled with Bunge Canada and Parrish & Heimbecker Ltd regarding Pier 8 – the industries stated similar concerns in their appeals.
Postscript: Journalist and North End Resident Kathy Renwald is covering the story as well. Renwald’s work is always insightful.  Follow her on Twitter @KathyRenwald.
1% Residential Vacant Property Tax Moves Ahead
The City is moving forward with implementing a vacant property tax. The 1% levy will be charged upon “eligible property that has been vacant for more than 183 days in the previous calendar year”
City staff estimate there are “City has approximately 1,135 unoccupied residential properties” that will pay the tax with revenue expected to be $4.3-million in the first year.
The City will hire 12 staff to enforce the bylaw. Any surpluses will go into an affordable housing reserve fund.
Climate Change Advisory Committee Approved
Council approved the 15 to 20 member committee with a mix of academics, agricultural, community, Indigenous peoples, business/industry, health care professionals, and youth.
Additionally, the committee will strive to have 50% gender diversity and 30% representation from equity seeking groups.
Stormwater Rate Review
Council is moving forward towards implementing a user-pay stormwater rate. Presently, property owners pay a stormwater rate based upon the amount of water they use, not the amount of water which they send into Hamilton’s overtaxed sewer and stormwater systems.
This means parking lots pay next to nothing while a family home subsidizes the system.
City staff are to provide an implementation plan this spring, with the fee coming into effect no later than January 2025.
Mayor’s Task Force on Transparency, Access, and Accountability
The Mayor’s election promise is being fulfilled with Council approving a “diverse Mayor’s Task Force on Transparency, Access and Accountability to be tasked with undertaking a comprehensive review of public concerns regarding access, transparency, and accountability at City Hall.”
The Task Force will have co-chairs.
In so regards, it shares similarities with Shape Burlington from a decade ago. The result of a complete loss of trust by the local government.
The Task Force members will be chosen by the Mayor. The group is expected to meet regularly and report often during its one year mandate.
In The Next Newsletter
A look at this Council cycle’s audit reports, a land deal, a staff change, and school commute safety.
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CITY HALL NOTEPAD
Edward Soldo Departs: Hamilton’s Chief Roads Officer Edward Soldo is leaving to become the General Manager of Infrastructure and Engineering for the municipality of Chatham-Kent.
A big loss for Hamilton.
Soldo is best known to the public for his professionalism in light of defamatory and false remarks by former City Councillor Terry Whitehead.
He, on his own and without the support of City Hall brass, filed the Integrity complains which forced Council to final address Whitehead’s behaviour.  TPR Brief
Slow Progress on Transparency: Mayor Andrea Horwath is announcing the external consultants attending Council closed meetings. This is a step in the direction of transparency.
The City Manager’s Office argued during COVID that Ontario’s Municipal Act does not require municipalities to share if councillors are present in a meeting.
It is true, the Act does not explicitly state this. Before  the COVID emergency amendments to allow electronic meetings, the Act required that Council meet in person in public. It was impossible to hide who was, and be extension not, in attendance.
Before COVID, the public knew who entered and exited Council meetings, even in closed sessions.
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Asked why staff are recommending training in closed session, Smith stated:
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GM Healthy and Safe Communities attends LGBTQ Advisory Cmte: GM Angela Burden joined the video meeting of the LGBTQ Advisory Committee this week. This is the first time I am aware of in my dozen years covering Hamilton City Hall that a top-level city staffer has proactively attended LGBTQ. It is also the first time I can recollect a GM proactively at a non-mandatory advisory committee meeting.
Burden gave genuine honest answers to questions from Committee members. Responding to a question about the desire of the LGBTQ for a physical space equity seeking communities hub, Burden noted how the committee can express that desire to Council noting the challenges of city resources and competing priorities. There were a fruitful discussion of options for proposals, such as the City funding dedicated rentals for community events in multiples spaces throughout Hamilton.
[The meeting video is no longer listed on the City’s YouTube page.]
Breaks: City Council will vote Wednesday to cap their meetings at eight hours, unless extended by majority vote. They will also take a 30 minute break if a meeting is longer than five hours.
A Little More Transparency: City Council will release their training materials on the Joint Stewartship Board with the exception of six pages that contain legal advice. This is good transparency.
This week, Ward 2’s Cameron Kroetsch asked a question about needed changes to Hamilton’s procedural bylaw, and chose to refer to changes as “various procedural shenanigans that were required to make it happen.”
Mayor Horwath noted, “I prefer language like shenanigans not be used when we talk about procedural process.” [YouTube link]
Craig Cassar’s Weekly Roundup Thread: Ward 12’s Craig Cassar wrapped up the week with a summary thread on Twitter noting his highlights for the week.
“Some topics included: an audit of Hamilton’s Municipal election practices, Dr. Bob Kemp Hospice Foundation’s possible expansion, draft TOR of the Climate Change Advisory Committee, tree planting initiatives, and a Public Art Masterplan.” Cassar’s 11 tweet thread begins.
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Mayor Horwath’s Interview with Hamilton City Magazine
Mayor Andrea Horwath is interviewed by Hamilton City Magazine. The mayor discusses the transition into the mayor’s job, her priorities for 2023 (housing, jobs, environment), infrastructure, tax affordability and value, and being a lifestyle magazine – how the mayor relaxes, where she likes to eat, etc.
Part 1 here, Part 2 here.
Hamilton Posts Bid Documents for New HSR Bus Barn
The bid documents state the City wants the facility to house 200 natural gas-fueled buses, a bus wash facility, offices for HSR dispatch and administration, a five-storey parking garage for employees, 30 repair bays, and amenities for employees, including a fitness facility.
Details on TPR, with interesting discussion in the comments: Hamilton Posts Bid Documents for New HSR Bus Barn
Illegal Demolition at 188 Cannon Street East
The owner of 188 Cannon Street East began an illegal demolition last week. The City has issued a Order to Comply to stop the demo.
Meanwhile, as the neighbour documents on Twitter (see response photos), the partially demolished building is now a hazard.
It will be interesting to see if City Hall issues any meaningful fines.
CBC Interview with Ward 11 Councillor Mark Tadeson
A well-written informative interview article about newly elected Ward 11 Councillor Mark Tadeson. It is a worth a read.
Neil Lumsden and Donna Skelly Decline Invite to Be Chastised by Council
File under no surprise. Council voted in December to “invite” (more demand) Hamilton’s Progressive Conservative Members of Provincial Parliament to “to appear at a future General Issues Committee meeting to discuss the impacts of Bill 23 on the City of Hamilton.”
In a letter from their boss, on behalf of Lumsden and Skelly, Minister of Municipal Affairs Steve Clark says the government “will not waver” on Bill 23 among the ten paragraphs of political talking points.
$175,000 to Study Viability of Harvesting Industrial Waste Heat for District Energy
The City will receive $175,000 from the federal Green Municipal Fund to conduct this study.
InTheHammer’s Top Five City Hall Stories for 2022
News network InSauga’s Hamilton site InTheHammer has really stood out this year for excellent City Hall and civic affairs coverage. They’ve listed their Top 5 City Hall stories by traffic and the top one is interesting – a summary of the City’s implementation of the Provincial secondary dwelling unit program. Here’s the November 11 story.
Annual Provincial Update for Housing Services Household Income Limits
The Province posted the 2023 High Need Households and Household Income Limits for rent-geared-to-income affordable housing in Hamilton.
The rates are provided by Canada Mortgage and Housing Corporation using its Rental Market Survey.
The High Need Limit for 2023 by unit type [with 2022 rate in brackets] will be:
Bachelor Unit:   20,400     (19,200)
1-Bedroom:       26,400      (24,900)
2-Bedroom:       31,200     (29,400)
3-Bedroom:       35,700     (34,800)
4-Bedroom or larger:      44,700      (44,700)
The Household Income Limit for RGI will be:
Bachelor Unit:     34,000     (32,000)
1-Bedroom:     44,000     (41,500)
2-Bedroom:     52,000     (49,000)
3-Bedroom:     59,500     (58,000)
4-Bedroom or larger:     74,500     (74,500)
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HWDSB Student Trustee Applications Open
Public school students in grades 7 to 12 are invited to apply to be student trustees for the 2023/24 school year. The HWDSB’s website includes video of a public information session held to explain the role and processes. It’s a great civic engagement opportunity. More on the HWDSB website, applications are due by January 26, 2023 by 4 p.m.
7-Eleven launches its Licensed Dining in Alberta as Licenses Issued in Hamilton
7-Eleven’s plan to serve beer with indoor dining is underway in Alberta. Retail Insider covers the launch with pictures.
Hamilton’s 7-Eleven locations, 622 Upper Wellington Street and 415 Melvin Avenue were issued liquor licenses by order of Ontario’s License Appeal Tribunal following opposition by the City of Hamilton.
Hamilton Mountain News: 2023 Mountain Councillor Priorities
Hamilton Mountain Councillors Tom Jackson, Esther Pauls, John-Paul Danko, and Mike Spadafora discuss the coming year’s road and road safety projects on Hamilton Mountain.
Haldimand-Norfolk Acting MoH Dr. Strauss Leaving April 1
Noting Dr. Matt Strauss’ resignation because Hamilton’s Associate Medical Officers of Health will be on the short-list of candidates that recruiters will seek out for the Haldimand-Norfolk MoH position.
No Government Wants to Bid on the 2030 Winter Olympics
As the costs of hosting international sporting games becomes more and more apparent [see Judith Grant Long’s research to start], and the fact that economic spinoffs are not as advertised, fewer places are willing to bid on hosting games.
Now, it is the Olympics which cannot find any government willing to host the 2030 Winter edition. Blow for IOC as Chamonix claim no interest in joint 2030 Winter Olympics bid, reads the headline from sports industry website insidethegames.biz.
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Sustainable Building Design Panel Discussion
Tuesday, January 24, 6:00 pm. McMaster Downtown Medical Campus, 100 Main Street West.
The City’s Economic Development and Planning Department is back in-person with its regular panel talks.
The Sustainable Building Design Panel Discussion features Tony Cupido, Joanne McCallum, Eladia Smoke, and Olivia Keung.
Ward 4 Townhall with Clr Tammy Hwang
Monday, January 30. 7:00 pm to 9:00 pm. Rosedale Arena, 100 Greenhill Avenue
Ward 4’s Tammy Hwang is holding her first town hall, with a focus upon land-use development and planning.
“Can’t wait to see you there,” writes Hwang on her social media accounts.
Public Meeting on Upper Sherman / Mohawk Redevelopment
Thursday, February 2, 6:00 pm. Ukrainian Catholic Church of the Resurrection, 821 Upper Wentworth St.
Metroland’s Hamilton News editor Mike Pearson reports New Horizon Development Group will hold a public forum for their proposed 1,995 residential unit redevelopment of the County Fair Plaza site.
More info on the developers website.
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Newsletter top photo: Hamilton City Council meeting in December hearing from the HATS organization.
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created: January 23, 2023


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43 and 36-Storey Towers Submitted for 8 Shoreview Place in Stoney Creek – TPR Hamilton | Hamilton's Civic Affairs News Site

February 5, 2023
Hi-Rise developments is planning to build two tall buildings at 8 Shoreview Place in Stoney Creek, north of the QEW at the foot of Millen Road.
The development company filed a Site Plan Application on December 20, 2022.
“The proposed development includes one 43 storey tower and one 36 storey tower with various step backs to the 8th floor amenity area all connected via 6 storey podium. The development proposes 933 residential units and 16 live-work units,” reads the application.
“To service the proposed development there is proposed 19 commercial parking spaces, 1094 residential parking units (including visitor spaces) and 48 parking spaces to be utilized for the existing Seasons building. The total number of parking spaces is 1161 parking spaces to be provided in above ground and below ground parking structure. In addition, there is proposed 496 bicycle parking spaces and both indoor and outdoor amenity area totalling 4,133 square metres.”
The proposed height of the buildings is 138 metres and 117 meters, including mechanical roof.
The unit mix is 80 percent one bedroom + den or smaller, with 18 percent two bedroom units, and 22 three bedroom units.
[The architects Site Plan statistics page can be read in this 8MB PDF file.]
Architects for the project is Graziani + Corazza. The planning firm is UrbanSolutions.
The lands are zoned with no height nor density limit, a permission passed under the tenure of former Stoney Creek Ward 10 Councillor Maria Pearson.
City staff are reviewing the Site Plan Application to determine if minor variances will be required.
Nearby resident, Viv Saunders, in a personal capacity, responded to the application renders tweeting: “FWIW, I don’t foresee much of an uproar over this one. Live-work units, 22 3BRs, good road design & ROW that will accommodate conventional public transit + higher parking ratio & more sq m of commercial than 310 Frances towers.”
Technical note: the application corporation is Seasons Retirement Communities (Stoney Creek) GP Inc. The corporation’s address is the same as Hi-Rise Group and the applicants are using their Hi-Rise Group email addresses for this project.

created: February 5, 2023


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City and Neighbours Allow Five Units at 130 Wellington South in OLT Deal – TPR Hamilton | Hamilton's Civic Affairs News Site

February 26, 2023
The Ontario Land Tribunal is expected to rubber-stamp the building of five residential units at 130 Wellington Street South with a minimum of four parking spaces.
The property owner applied to legalize six units in the three-storey Victorian home. The City’s planning staff recommended approval.
A group of neighbours mobilized in opposition to rental housing, stating there are already too many renters in the downtown Corktown neighbourhood.
At the February 2021 Council meeting, Ward 2 Councillor Jason Farr agreed with their concerns.
“The neighbourhood already has numerous rental options in the area affordable options,” Jesse Razaqpur stated. “We also have the Ontario Works offices at the corner of Wellington, this neighbourhood is doing its fair share of heavy lifting with respect to mixed land use and access to housing for all income classes.”
Farr agreed, Council voted down the proposal, with Farr adding of the owner, “they got a pretty good case going into a LPAT appeal.”
[The Ontario Land Tribunal was the Local Planning Appeal Tribunal at the time.]
“7. The Parties will request the Ontario Land Tribunal (OL T) allow the appeal in part, permitting a maximum five (5) dwelling units within the existing building, and permitting a minimum four (4) parking spaces on the subject property pursuant to a site specific amendment to the City of Hamilton zoning by-law, such amendment attached as Schedule “B”,” reads the minutes of settlement.
Update [Feb 27]: The Ontario Land Tribunal approved the settlement.
Update [Mar 15]: The OLT written decision is now published.

created: February 26, 2023


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Hamilton City Hall Meetings for Monday, February 27, 2023 – TPR Hamilton | Hamilton's Civic Affairs News Site

February 27, 2023
This week marks the beginning of the March vacation cycle at Hamilton City Hall. Public meetings decrease during the first week of March, with very few meetings during the second and third weeks of the month.
Hamilton City Council meets at 3:00 p.m. in Council Chambers to hear the remaining 16 public delegations that did not occur at the February 6 hearings due to the disruption of that meeting by protesters.
Six delegates will speak specifically to the police budget, two delegates on affordable housing, two delegates on free transit fares, one delegate “on reducing fossil fuel dependence in the city,” and the remainder state they plan to speak on the budget in general.
The Ontario Land Tribunal is expected to rubber-stamp the building of five residential units at 130 Wellington Street South with a minimum of four parking spaces.
In February 2021, Council voted against allowing six units in the building. Neighbours oppose rental housing and then Ward 2 Councillor Jason Farr moved to block the project. At the time, Farr conceded the property owner would likely win on appeal.
The hearing is scheduled for 10:00 a.m.
More on TPR here: City and Neighbours Allow Five Units at 130 Wellington South in OLT Deal.
The OLT enters week four of a complex seven-week-long hearing of appeals of the Rural Hamilton Official Plan.
Council passed the plan in 2009. It has taken nearly 14 years to reach the hearing stage.
There are 11 parties in the hearing.  The volume of records is well into the tens of thousands of pages, if not hundreds of thousands. Simply put, well beyond my capacity to cover being a one-person news operation.
The hearing will run all day, beginning at 10:00 a.m.

created: February 27, 2023


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Hamilton Waterfront Trust Violated Open Meeting Laws – TPR Hamilton | Hamilton's Civic Affairs News Site

February 26, 2023
The Ontario Ombudsman confirms the Hamilton Waterfront Trust violated the Municipal Act when it met in private video conferencing for the first year of the COVID pandemic.
The Trust only began streaming after I filed the closed meeting complaints.
The Waterfront Trust was not also not posting its agendas.
“The Waterfront Trust confirmed that for the period of April 2020 to February 2021, members of the public were not permitted to attend Board meetings,” writes Paul Dubé
There were five meetings the public was unable to view.
The Ombudsman writes the Trust began streaming immediately after being contacted by his office.
The letter is addressed to Hamilton City Council care of the City Clerk.
City Clerk Andrea Holland did not distribute it to Council.


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Joey’s Notepad: With Toronto Getting a New Strong Mayor This Summer, Paul Johnson’s Future Could Change – TPR Hamilton | Hamilton's Civic Affairs News Site

February 10, 2023
Toronto Mayor John Tory resigned tonight after the Toronto Star revealed he had an affair with one of his female staff members.
The Mayor of Toronto holds “strong mayor powers” and they appoint Toronto’s City Manager.
Paul Johnson was appointed by Mayor Tory to be his City Manager on December 2, 2022.
Toronto’s next mayor, to be elected in a pending by-election, can replace Johnson with their own choice for City Manager.
Prior to joining the City of Toronto in 2021 as Deputy City Manager, Community and Social Services, Johnson was General Manager of Healthy and Safe Communities at the City of Hamilton.
Johnson was running Hamilton’s COVID emergency response prior to leaving for Toronto.
What happens to Johnson if a new Mayor in Toronto decides to replace Johnson with their own pick?
Johnson will be on the shortlist of City Managers for hire, everywhere. Yes, everywhere, including even Hamilton.

created: February 10, 2023


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Ontario Superior Court Strikes Down Waterloo Encampment Bylaw – TPR Hamilton | Hamilton's Civic Affairs News Site

February 5, 2023
A Superior Court Judge in Waterloo has struck down the Region’s encampment bylaw in a decision with significant implications for Ontario’s municipalities.
In a 52-page decision released January 27, Justice Michael J. Valente ruled Waterloo’s plans to remove an encampment violates the Charter of Rights and Freedom‘s Section 7 right to life, liberty and security of the person.
“Because the By-Law prohibits the erection of shelter protection that is necessary to protect homeless individuals from risk of serious harm, and there is currently inadequate shelter beds in the Region, I conclude that it violates the Charter protected right to life,” Justice Valente writes.
Municipal law lawyer Douglas W. Judson, a former municipal councillor himself, provides a legal analysis of the decision here.
Key to this decision, and differing from the Poff v. City of Hamilton, 2021 ONSC 7224 that upheld Hamilton’s encampment removal bylaws and practices are some key determinations:
In the Hamilton case, Justice Andrew Goodman ruled, “There is no evidence that the shelter system does not have capacity to safely accommodate those currently living in the parks who wish to seek shelter.” [para 28]
Justice Valente adopted much of the British Columbia rulings, which found a Charter Right to overnight outdoor sheltering when the number of homeless persons exceeds the number of indoor shelter spaces.
In his ruling, Justice Valente determined that spaces must also be “truly accessible.”
“I accept that it is simply not a matter of counting the number of spaces. To be of any real value to the homeless population, the space must meet their diverse needs, or in other words, the spaces must be truly accessible,” the Justice writes in paragraph 93.
“If the available spaces are impractical for homeless individuals, either because the shelters do not accommodate couples, are unable to provide required services, impose rules that cannot be followed due to addictions, or cannot accommodate mental or physical disability, they are not low barrier and accessible to the individuals they are meant to serve.”
Justice Valente distinguished this encampment from others on the basis it is located on vacant land which the municipality plans to redevelop at a later date.
The Justice noted the Region “has no immediate need for the property.”
The Region plans to redevelop the land into a future transit hub. Presently, the Region wishes to use it as a parking lot.
Paras 47 to 50 addressed complaints from neighbouring properties and the municipality’s concerns regarding rats and rodents, human waste, consumption of alcohol and drugs, use and storage of propane, and other nuisances.
Justice Valente asked, “does not the Region have some responsibility to take further steps to mitigate these risks?” before noting the municipality could provide pest control and washrooms.
“The problem with human waste could have easily been addressed had the Region facilitated earlier access to the washrooms located at St. John’s Kitchen and/or installed the two portable toilets on the Encampment sooner than it had.”
The Justice recommends the municipality provide education to encampment residents to improve their living conditions.
“I have found as a fact that there are not enough accessible shelter beds for the Region’s homeless population. If evicted from the Encampment, the residents will likely be forced to live in the rough or set up camp somewhere else because there is an insufficient supply of low-barrier accessible beds in the Region,” Justice Valente writes.
“In these circumstances, creating shelter to protect oneself is, in my opinion, a matter critical to any individual’s dignity and independence. The Region’s attempt to prevent the homeless population from sheltering itself interferes with that population’s choice to protect itself from the elements and is a deprivation of liberty within the scope of section 7.” [para 101]
“As I have previously stated, an order in the Region’s favour would therefore force the Encampment residents to choose between living outside in the rough or risk setting up an encampment elsewhere only to be evicted once again,” the Justice writes in para 104.
“The By-Law’s prohibition to the erection of temporary shelter exposes the homeless of the Region to risk of significant health problems, both physical and psychological in nature … I therefore find that the Region’s By-Law amounts to a deprivation of the security of the person.”
At numerous points in his ruling, Justice Valente praised the Region of Waterloo’s efforts and initiatives to address the homelessness problem.
The Justice ultimately determined the Region must do more.
This includes addressing each individuals needs on a case-by-case basis, increasing the number of shelter spaces, and providing spaces that meet the needs of all individuals.
Justice Valente states the Region of Waterloo can apply to have his ordered lifted once they improved their response following the ruling.
The Regional Chair states the Region of Waterloo is reviewing the ruling.


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Protesters Disrupt Hamilton Council Meeting, Demand Vote Against Police Budget – TPR Hamilton | Hamilton's Civic Affairs News Site

February 7, 2023
Over 100 protesters took over the Council Chambers Monday night, interrupting public delegations with demands that Council vote down the proposed 6.71 percent police budget increase.
The protest was organized by the Hamilton Encampment Support Network.
HESN member Sabreina Dahab began the protest by yelling from the back row of the public gallery, “this is a peaceful demonstration, and we will not leave until you hear us.”
Dahab protested in a personal capacity. Dahab is the Ward 2 Hamilton-Wentworth District School Board Trustee.
Dahab then led the protesters in “reading our demands together.”
Ward 9 City Councillor Brad Clark requested the protesters come to order and allow the remaining delegates the opportunity to speak.
The protest continued.
“This General Issues Committee meeting stands in recess and we ask the gallery please,” Clark began.
Dehab responded they were not leaving “until Council votes against the police budget.”
This began an hour-long stand-off as councillors sat in the horseshoe.
The protesters chanted, heckled, and demanded individual councillors “represent us” by promising to vote down the police budget.
Chants included: “No Justice, No Peace,” “If we don’t get it, we won’t go,” “Defund or Resign, Defund or Resign,” and “Defund, Disarm, Dismantle, Abolish.”
Every few minutes, Clark would remind the protesters the meeting was in recess and repeat the request for them to leave.
[Listen to audio clips from the protest]
Protesters asked each councillor in the room to promise to vote against the police budget.
They were met with silence until Ward 2 Councillor Cameron Kroestch confirmed his continuing opposition to the police budget increase.
Ward 3 Councillor Nrinder Nann, Ward 4 Councillor Tammy Hwang, and Ward 13 Councillor Alex Wilson also committed to voting against the budget.
Ward 11 Councillor Mark Tadeson told the crowd he will listen further before deciding his vote on the police budget.
Tadeson stated support for the police during the Police Chief’s January 11, 2023, presentation.
The back and forth, the chanting, and the calls for order continued for over an hour before Councillor
Clark declared the meeting over, and further delegations were cancelled.
The remaining councillors left the Chamber.
Kroestch, Tadeson, and Wilson remained for a few minutes before leaving.
Dahab addressed the crowd, saying their protest was “successful” and they “will come back again and again” until Council votes down the police budget.
The protesters then left City Hall as a group.
Council’s tentative budget schedule has the police budget debate scheduled for February 21.

created: February 7, 2023