TPR Hamilton Email Edition for December 16, 2022: New Council Gets to Work – TPR Hamilton | Hamilton's Civic Affairs News Site

December 16, 2022
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INTRO
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INTRO
Welcome to the first TPR Email Edition for the 2022 – 2026 Council term.
It’s been the busiest Council meeting cycle I can ever recall.
Thousands of pages of agenda documents, hundreds of agenda items, and a new Council that is working to understand everything being thrown at them.
The traditional Christmas recess will not provide Council much rest. They’ll spend the next three weeks figuring out how to respond to an unprecedented budget crunch.
The minimum property tax increase projection for 2023 is 6.9 percent. Already, that is looking to be impossible.
The City’s first two operating budgets were presented this week. The Library is seeking 3.5 percent (City staff predicted 2.5) and the Police Service approved 6.71 percent (City staff predicted 2.1).
You can read more about the 2023 budget in the special section of this newsletter.
Returning to the thousands of pages Council considered this much, while there is much to report on them.
This is a long TPR Email Edition. You may prefer to read the full newsletter in your web browser on ThePublicRecord.ca.
You may read by section via the index links below.
In this Edition:
Let’s get started.
The Corporation of the City of Hamilton seems broke in nearly every way.
There is a hope the new Council can fix City Hall. During their first two weeks of meetings, there are already clear indicators of change.
The first-ever unanimous vote to remain in open session.
Hamilton’s Integrity Commissioners asked Council to go into closed session for their integrity and ethics training, and they voted 0-15 against the request.
Last week, all 16 Council members were on time for a meeting. (People really responded to that #QuorumWatch attendance tweet.)
Cultural change is happening.
Can Council deliver high-quality services, address the City’s two billion dollar infrastructure deficit, and balance the City’s finance to achieve long-term sustainability?
Council has no easy choices.
Our roads and infrastructure are in poor shape. Winter water main break season is already off to a bad start.
Projects like the Dundas Water Treatment Plant replacement cannot be delayed further. What was a $50-million project a decade ago is now $140-million minimum but actually $300-million to do it well.
Add inflationary pressures.
City Council must decide what kind of wrath to face from voters who will get the bill during a cost of living crisis.
Most new council members were elected on promises to address Hamilton’s infrastructure and social deficits.
This year’s budget debates have been about keeping those promises in a fiscally prudent way.
The frugal theatrics of past years – in which the so-called fiscal hawks prioritized their pet projects and then postured against the overall budget while allowing the City’s assets to fall apart – seems over.
A statement by Ward 1 Clr Maureen Wilson summarizes what appears to be the majority view on Council – they need to show results.
Here’s what she said regarding a plan to increase the deferred maintenance capital budget by 1.12 percent in future budget years to tackle the infrastructure deficit.
(The former Council set the increase to 0.5 percent each year in the past. New Council is looking at 0.92 percent for 2023, with 1.12 for 2024.)
“I’ve been told we don’t have the capacity for one percent now, but we will be moving internally to ensure that we have the capacity for one percent in 2024. And I’m pleased to see that 1.12 percent, earmarked until 2032 so that we can show residents value for their money, that we have a plan.”
A vision past the next election.
A plan to start fixing infrastructure before it breaks.
A focus on delivering value.
This is change, but will they achieve results?
City Hall
The City budget process is well underway. Council approved the water rates and user fees for 2023 during their first meeting cycle.
Council deferred approving the capital budget to give themselves time to actually read the budget.
City staff have not yet finalized their 2023 operating budget proposal.
The Hamilton Police Service says it needs a 6.71 percent budget increase to provide “adequate and effective police services.”
2023’s budget proposal is split between $190,020,482 for operating (up from $180,133,354 in 2022) and $5,830,526 (up from $3,409,185).
13 new police officer positions are proposed in the budget, along with 18 new civilian employees.
Hamilton Police state the service needs to hire 13 new officers each year until 2030 to match population growth and maintain “the current Cop-to-Pop (population) ratio of 146 Officers per 100,000 population”. This average is 176 across Ontario and 183 nationally.
TPR’s Budget Summary Story.
The Police Board passed the budget without amendment on a split vote.
Police Board Member Ward 2 Clr Cameron Kroetsch voted against the budget.
The debate at the Police Board was unnecessarily tense when Police Board Chair Pat Mandy, a provincial appointee, tried to dissuade Kroestch from asking questions.
Mandy suggested Kroetsch should ask questions in private after the budget approval meeting. Kroetsch asked four questions during which Mandy asked, “you didn’t have opportunity to ask them at the committee? I just want to move us on.”
TPR story on the meeting debate here.
With Police Board approval, City Council will debate the police budget on January 12, 2023. Council can choose to approve the budget or enter into a budget arbitration process at the Ontario Civilian Police Commission.
Ward 2 Clr Cameron Kroetsch’s attempt to increase councillors’ office budgets to $375,000 per year was defeated on November 30 in a series of divided votes.
The cost of this first proposal was $1.2-million per year.
Councillors voted for and against it for a myriad of reasons. Some were reluctant to pass an increase outside the budget process, others opposed any increase in principle, and others wanted it debated more wholesomely.
At Council on December 7, Kroetsch “lifted” the committee item and changed his motion to refer the proposed increase to the 2023 operating budget process.
He decreased the proposed increase to $40,000 for each councillor’s office. The price tag for this is $600,000, half his original motion.
Councillor budgets will continue to vary, using an existing formula..
In empty posturing at Council, Ward 6 Clr Tom Jackson added a clause stating the office budget increase cannot be used for councillor pay and benefits.
The Municipal Act forbids councillors from using their office budgets for personal benefit. [Councillors must vote on their remuneration package in public session as per Section 283 of the Act]
Jackson’s redundant clause was included in the amended motion.
The amended motion passed unanimously 16-0.
Councillors took the opportunity to speak to the motion by stating there is a public expectation of responsive service from councillors, and their current budgets do not adequately fund doing this.
The budget increase will be voted upon near the end of the budget process.
The Dundas Wastewater Treatment Plant was built with a design life of 60 years.
In its 73rd year of operation, it must be replaced.
Past councils delayed replacement for the past two decades, hoping for the federal government or province to fund the project.
Those delays mean costs have gone up.
Hamilton’s Water Director Nick Winters told Council the 2015 replacement cost estimate of $50-million is now $140-million. That’s just for a bare minimum replacement.
$300-million is the cost of building a treatment facility that meets the City’s commitments in the Hamilton Harbour Remedial Action Plan to improve water quality in Cootes Paradise.
Staff will return to Council in mid-2023 with Plant replacement options and budgets.
You can watch Winters’ presentation on YouTube here.
City staff expect to increase the City’s budget by an additional 4.3 percent in 2024, 3.9 percent in 2025
Staff’s conceptual operating budget estimates for 2024 and 2025 were shared with Council in early November during orientation.
The estimates are already being exceeded.
The Hamilton Police Service Board is debating a 6.91 percent request for 2023. City Hall staff used a 2.1 percent increase for their estimate.
The Hamilton Public Library, for example, is seeking a 3.5 percent increase for 2023 [see next brief]. The staff projections assumed 2.9 percent.
The Library is asking for a budget increase of 3.5 percent for 2023, which is approximately $1.15-million above the 2022 annual budget of $32.7-million.
The HPL is budgeting 2.5 percent for wage increases.
“2.5 percent is consistent with what the city is suggesting that their departments use when preparing their operating budgets,” Library Director of Finance and Facilities Tony Del Monaco stated during the November Library Board meeting.
The City of Hamilton’s labour collective agreements expire on December 31, 2022.
The City and its unions will negotiate new agreements in the new year.
The Library mirrors the wage increases from those contracts.
The Library plans to hire new staff for increased hours at branches. This will cost $470,000, representing nearly half the 2023 budget increase.
[More info under “Library Service Hours Expanding (Again)” in the City Hall Briefs section below]
Part-time library staff can now buy into the City’s OMERS pension plan. The Library expects 30 percent of part-time staff to opt in, adding $132,000 to the annual budget.
Banked savings from COVID closures will be used to keep the levy tax increase to 3.5 percent. $200,000 of the reverse is being applied to this budget. Gapping due to vacant positions is expected to increase by $110,000 this year.
The Library budget goes to Council in late January.
The provincial government continues to freeze its funding for Alcohol, Drug, & Gambling Services and Community Mental Health Promotion Program services.
The freeze means Hamilton’s public health services must cut staffing to stay within provincial budgets.
Staff recommended a 0.6 FTE reduction for Alcohol, Drug & Gambling Services and a 0.65 FTE reduction for the Community Mental Health Promotion Program budgets.
Clrs Clark, Kroetsch, and Wilson expressed concern about these services’ cutbacks.
Clark stated the City to look at funding the provincially imposed deficit.
Council voted to continue the program at its present staffing levels until April 30, 2023, with a longer-term decision to be made during operating budget deliberations.
Councillors are reading their agendas, or at least trying to.
Council voted 13-3 to defer ratification of the 2023 capital budget to give themselves enough time to review the thousands of pages of budget documents released to them only three weeks ago.
Three councillors opposed the deferral: Matt Francis (W5), John-Paul Danko (W8), and Mike Spadafora (W14).
Senior city staff confirmed the deferral would not impend any jointly funded projects.
The deferral allows new councillors to seek further clarity before approving the budget plan. (Some may come back seeking to remove planned projects, but unlikely such a motion would gain majority support.)
Councillors will have opportunities to implement changes to the 2024 capital projects plan in the coming months.
Capital budget approval is expected to occur at the January 20 Council meeting.
Hamilton News
All members of Hamilton City Council voted to oppose Ontario Premier Doug Ford’s Bill 23 overhaul of Ontario’s land use planning and development charges laws.
The Bill is part of a package of decisions allowing greenfield development on the Greenbelt, removes many development charges on new developments, forces municipalities to fund sprawl, and overrides local planning controls.
The Bill, which Premier Doug Ford’s government passed in November, was opposed by groups across the political spectrum.
Protests occurred across Ontario. Approximately 1000 people rallied against the Bill in front of Hamilton City Hall on December 4th.
City of Hamilton staff will calculate the costs of Bill 23 and what it will mean for Hamilton’s property taxes. Hamilton’s initial estimate is between $14-million to $25-million per year in forgone development charge revenue.
The City of Mississauga summarizes Bill 23 on their website explaining “Why you can’t afford Bill 23”.
Mississauga residents are receiving political ad pamphlets in their mailboxes calling for them to pressure their local Conservative MPPs to reverse the legislation.
During the next few weeks, I will write on development charges explaining how municipalities use them, how they are calculated, the arguments against DCs and some of the arguments for reform.
For those interested Hamilton’s 2019 Development Charges Background Study is 666 pages detailing what Hamilton’s DCs fund. [Note: the 2019 DC Bylaw is under appeal at the Ontario Land Tribunal.]
A new study is due for release to the public in 2023. The 2019 study expires in 2024.
For today, I will also share the link to a newly published paper arguing against development charges by Western University Professor Emeritus of Political Science Andrew Sancton.
During the Council debate on Bill 23, Ward 8 Clr John-Paul Danko moved a motion to demand Hamilton’s Conservative MPPs Neil Lumsden and Donna Skelly “appear before this council and answer for the reckless, irreversible harm that the government of which they are a part are doing to the City of Hamilton and the taxpayers that we represent.”
The wording was watered down from Danko’s initial strong language to be an “invite” “to appear” “to discuss” “concerns surrounding Bill 23.”
The amended motion passed 14-1 with Ward 2 Clr Cameron Kroetsch opposed.
Kroetsch stated the motion “verges on slightly on the theatrical though I do understand the desire to want to do it,” adding, “I don’t think it’s really the thing we should be doing. Kroetsch suggested Council should travel to Queen’s Park and speak to the government in that forum.
Facing the risk of homelessness, 100 Charlton Avenue West residents came to City Hall on Thursday hoping to remain housed.
The new building owners wish to gut the building, removing six three-bedroom units with long-term tenants to be replaced by twelve smaller single-bedroom apartments, which will rent for significantly more profit.
The developer needs full exception from parking requirements. The City’s parking formula states the building should have 15 parking spaces and a loading zone. It has none.
Michael choked up, saying, “We’re going to be kicked to the curb.”
“We are the people that live there. We need to stay in our homes. We don’t have anywhere else to go.”
Susan McArthur asked the City “to protect the tenants and Hamilton’s affordable housing stock.”
Hamilton’s Committee of Adjustment voted 5-2 in favour of the developer’s variance request meaning residents will be evicted in a few months.
The vote was divided between members who work in the real estate voting in favour. The two members opposed are retirees.
As the teary-eyed residents left the Council Chamber contemplating their fate, staff began reading the next file – variances to expand the Mission Services emergency shelter.
The juxtaposition could not be any more pronounced.
During the election, a few candidates promised to reform the Committee of Adjustment in response to the CoA opposition to Secondary Dwelling Units.
Committee members claim SDU rental units will turn Hamilton’s neighbourhoods into “ghettos” and vote against SDUs they suspect may be rented to post-secondary students.
What is the most common reason they oppose SDUs? Parking.
Apparently, rental units in Hamilton need a dedicated parking spot – except if the landlord is a prominent developer.
CoA members are political appointees.
Many of them have been on the CoA for over a decade.
It’s a powerful position. They can rezone neighbourhoods, overturn secondary plans, and grant exceptions from nearly any City planning rule.
The new Council planned to address qualifications and expectations for the CoA as part of a pending review of all agencies, boards, and agencies.
With the CoA voting in favour of a renoviction, the new Council may need to act sooner.
In an unfathomable ending, as teary-eyed residents left the Council Chamber contemplating the likelihood of becoming homeless, city staff began reading the next file – variances to expand the Mission Services emergency shelter being constructed at 400 King Street East.
In the latest in a series of you can’t make this up rulings from Ontario’s Information and Privacy Commission involving the City of Hamilton, the IPC is giving the City Clerk’s Manager of Records until January 6 to properly process and respond to a freedom of information request for records and policies about the City’s freedom of information office.
An FOI asking the FOI office to release its policies for processing FOI requires the IPC to explain FOI 101. You can’t make this up.
There is much to unpack in this latest IPC ruling involving Hamilton City Clerks. I break down the ruling and its suborders in a story on TPR.
Hamilton is the only single-tier municipality with multiple adverse IPC rulings of this nature.
In MO-3771, May 2019, an IPC Adjudicator took the unprecedented step of publicly chastising Hamilton’s City Clerks writing:
“I feel it necessary to point out that the city … did not participate in the inquiry of the appeal. I remind the city of its obligations as an institution under the Act” after the City Clerks “did not respond to the letter or to the mediator’s voice message.”
Hamilton is the largest municipality in Canada that responds to FOIs by letter mail as a delaying method.
Hamilton only accepts FOI requests by mail or in person.
The Act does not explicitly require the City to provide service by email or online, leaving operational decisions to the municipal clerks and chief administrative officers.
Ward 2 Clr Cameron Kroetsch, in his capacity as a member of the Police Services Board, asked Hamilton Police command to explain their response to protests that occurred surrounding Terryberry Library on November 24, 2022.
The Library hosted a drag queen storytime that day.
Protesters chanted against the event outside of the library. A larger contingent of counter-protesters tried to drown them out.
Hamilton Police kept the two groups separate.
In response to questions at the Police Board meeting on December 15, Deputy Police Chief Ryan Diodati statds the attempt to disrupt the event is being investigated as a “hate incident.”
Police declined to elaborate citing ongoing investigations.
Media reports from the date in question stated there was some pushing between the sides.
CHCH reported one protester tried to enter the library. [CHCH noted a few of the protesters in Hamilton were also involved in similar protests in Oakville.]
Conservative columnist Joe Warmington of The Toronto Sun wrote there were “more supporters than detractors” outside the library.
Mayor Andrea Horwath condemned “the actions of organized hate and discrimination” calling the protest “unacceptable.”
Drag queen storytime events have become a target of right-wing media and commentators in recent months.
The Terryberry event was the second hosted by the Hamilton Public Library. An earlier event at the Binbrook library occurred without any protests.
In his December monthly report [unrelated to Kroetsch’s tweets] to the Library Board, published Friday, Hamilton Public Library Chief Librarian and CEO Paul Takala wrote:
“We asked Hamilton Police Services to ensure the event could happen safely. I want to thank the Police Service for the support they provided to ensure no one was hurt and the program itself could happen without disruption. I spent most of the program outside where the protesters were kept separate by Police from the larger number of community members showing their support. The communication between the Police and HPL, the professionalism and restraint of the Officers present all assisted in keeping everyone safe.” [pg 35]
During Wednesday’s Library Board meeting, Takala added, “I’m glad we didn’t have to cancel the event,” that the police presence was essential.
The Library Board went into closed session to discuss the security implications of the protests.
Ward 13 Clr Alex Wilson lifted a section of November’s Municipal Heritage Committee report to return the Osler House at 30 South Street West in Dundas to the heritage designation priority list.
The change comes only days after McMaster University told Metroland journalist Craig Campbell they are selling the property because of concerns regarding “racist views” held by Sir William Osler.
The property was on the City’s list of properties for heritage study before McMaster purchased it in January 2021. The City de-prioritized the study knowing the property’s heritage interest was secure.
Wilson’s motion passed. Staff will research and report on potential heritage designation by December 2024.
Hamilton’s Transit division has another embarrassing preventable scandal on its hands.
The City’s Taxi Scrips were being misused with “certain gas stations” accepting taxi scrips for fuel purchases.
Scrip coupons were “acquired by third parties and used as barter in illegitimate exchange transactions and by parties that are not eligible to be subsidized,” write the City’s internal auditors.
Taxi Scrips are paper coupons which eligible persons requiring accessible transit can purchase to ride taxis instead of waiting for and using DARTS accessible transit services.
Users pay $24 for a coupon book worth $40 in scrips. The scrips are similar to cash for taxi companies.
The City reimburses the taxi companies for the face value of coupons.
Officially, companies must provide trip information including passenger number, date, trip, cab number, pick up and drop off location.
In practice, the City’s Transit Division did not ask for the information, and did not bother to verify the submitted coupons.
Only 3 percent of scrips inspected by the City’s internal auditors “sampled were found to be in compliance with the contractual requirements.”
“There is so much missing information from the redeemed taxi scrips that ongoing compliance assessment and monitoring for illicit activity … is not feasible.”
The terrible bookkeeping by HSR managers means nobody will be held responsible for potential fraud. The managers remain in their positions.
The City’s 2023 summer student jobs applications are now open. This past summer (2022), the City was unable to fill all positions and took the unusual step of hiring secondary students for the months of July and August to fill four-month post-secondary student positions that was unfilled. If you know a young person, let them know.
Mayor Andrea Horwath is hiring a Strategic Initiatives & Policy Advisor and a Community Engagement Advisor. The Mayor is using an open competitive process for the positions. Applications closed on Saturday.
The City is hiring a Director for a new Housing Secretariat.
City Hall states the position will fill gaps and assist the existing Director of Housing position and the existing CEO CityHousing positions by being more focused upon creating new affordable housing and protecting existing market-affordable housing.
The new position “is going to identify and work upon existing work underway across city departments in the community, and includes short term strategies with concrete actions that can be undertaken immediately while simultaneously working towards the mid and long term strategies that will optimize resources available to each sector.”
The HSR is adding a new transit planning position, Senior Project Manager – Transit Planning – LRT Integration.
The HSR’s (Re)Envision strategy is ongoing, having been paused for the past two years. There are no timelines for the strategy’s reports on how to change the HSR’s over 50-year old route structure.
Now Ward 4 Clr Tammy Hwang’s former city job is posted for hire.
Numerous land-use development planner positions are, once again, posted. The shortage of planners across the GTHA means the City cannot get enough applicants. The City is using college-educated planning technicians in ‘junior’ roles traditionally reserved for university-educated planners. The techs are doing good work, but the City needs university-educated planners who can secure professional designations to meet the requirements of the Planning Act – especially when processing complex applications.
Ontario’s Divisional Court is granting intervenor status to a pro-choice group in the latest court case regarding anti-abortion/pro-life ads on public transit in Hamilton.
The Court ruling states the City of Hamilton rejected an advertisement from The Association for Reformed Political Action Canada that refers to a sonogram image of a late-term fetus in the womb as a person.
The City decision stated the ad needed “to be revised so as not to reflect personhood in relation to” the sonogram image.
Pro-choice organization Abortion Rights Coalition of Canada asked for and was granted intervenor status.
“ARCC would be able to provide additional perspectives that would assist the court in understanding the broader potential impact of the court’s decision on those not before the court,” ruled Justice Sandra Nishikawa.
Oral arguments in court are months away, at least. With an intervenor, this case may reach the Supreme Court of Canada and finally settle how municipalities should address these kinds of advertisements.
More about this case, including background info, on TPR here.
The Hamilton Public Library system plans to further expand its hours in 2023 once the system fills 22 positions that are presently vacant: [pg 27]
In a new update, the HPL’s Chief Librarian writes “we will continue to explore options for a potential branch Library at the Discovery Centre. The location would provide an ideal place for a full-service branch library that could also highlight Local History & Archives exhibits and further advance Truth and Reconciliation initiatives.” [pg 28]
Takala told the Library Board that City staff are interested in the Library putting together a plan for a branch. The Library will be ask the City to fund a feasibility study.
The new City Council ordered the release of the City’s outside legal spending on the Chedoke Creek 24-billion litre sewage spill.
The answer:
$195,000 is the outside legal costs “with unbilled work in progress of approximately $40,000, exclusive of HST.”
Hamilton is budgeting $31.7-million for the next generation 9-1-1 project.
This week, the Province of Ontario opened applications to receive provincial funding for the non-capital portions of the project. Hamilton’s non-capital budget for the project is $7.1-million.
The City has until January 10 to apply for provincial funding.
In late October, the Red Hill Parkway Inquiry completed its first phase – testimony of officials, experts, and those involved with the Red Hill Valley Parkway.
It is now preparing to begin the second phase.
“Phase 2 will focus on expert evidence looking at factors that contributed to motor vehicle accidents on the Red Hill Valley Parkway, as well as policy and governance issues at the City of Hamilton that arise from the Inquiry’s Terms of Reference,” the Inquiry’s update states.
Both the City of Hamilton and Golder Associates are seeking to add their experts to Phase 2.
The City wishes to counter other expert testimony regarding alleged problems on the parkway including the number of collisions, inconsistent friction, and wet weather performance.
The City argues, “it is important that the Commissioner receives a balanced response on the technical issues relating to the safety and design of the RHVP.” [PDF: City’s submission outlining planned oral arguments]
Golder Associates Ltd., the contractor who wrote the buried friction report, plans to argue there are “gaps” in the expert reports commissioned by the Inquiry and will submit further expert evidence regarding asphalt selection, testing, and testing methods.
During Tuesday’s oral arguments, Justice Wilton-Seigel probed the City’s requests. A few times the Justice noted if the City wished to hire more experts to provide different opinions than the earlier City experts, this will have “timing and cost consequences.”
The Justice granted some of the City’s requests and granted Golders’ requests.
The City seeks to enter new evidence to the Inquiry, primarily to argue no negligence by the municipality regarding friction maintenance and monitoring because no municipalities have these programs.
“Given that the City has called this Inquiry, I am reluctant to prevent the City from putting forward this evidence if, in its considered opinion, this evidence is necessary notwithstanding such timing and cost implications,” noted the Justice.
Phase 2 evidence hearings will be heard on February 16-17 and 21-23.
Oral closing submissions will be heard on March 22-24.
Dates are subject to change if the City requests to add more evidence.
The Collingwood Inquiry report was issued 11 months after its closing arguments.
Bird Canada will launch an e-scooter service in Hamilton this coming spring. They’ve signed a licensing deal with the City of Hamilton.
City procurement documents included a minimum schedule of fees.
Key to the deal is Bird Canada will pay an “operating offset” to Hamilton Bike Share.
City Hall is working to find non-tax levy funding for Bike Share to ensure its long-term viability. The payments from Bird to Bike Share will significantly advance this goal.
Bird Canada is committing to a 30-minute response time for “misparked” scooters, being a Living Wage Employer, and providing discounts to ensure low-income riders can use the system.
The secrecy surrounding City Hall’s COVID forecasting contract using Scarsin software is near absolute.
The City signed a non-competitive contract this summer, keeping the purchase price secret.
The contract is worth more than $250,000. We know this because staff needed Council’s rubber stamp on the purchase.
A partial release of the Scarsin forecast was made public, that was until the last week of November when City Hall announced it will no longer share even this.
“What we’ve seen recently is the many factors that help to determine the level of COVID-19 spread and the Scarsin forecasting have become more complex – including the relationship with the rise and competition of other respiratory viruses that may be reducing the spread of COVID-19. As a result, Scarsin COVID-19 forecasting will not be published,” wrote Hamilton Medical Officer of Health Dr. Elizabeth Richardson.
Hamilton Police says due to “ongoing staffing challenges,” the police service will no longer provide paid overtime duty officers for overnight noise bylaw enforcement.
The City’s Director of Municipal Law Enforcement writes noise enforcement will now end at 1:00 a.m. on Thursday, Friday, and Saturday nights.
Who hasn’t accidentally forgotten to get a permit to knock down 23 trees on a designated heritage property?
City staff recommended giving themselves a “retroactive” permit for tree removal at Battlefield House and Park in Stoney Creek.
The retroactive permit was approved.
Hamilton’s public transit agency says it will end service at 9:00 p.m. on January 1st, February 20, and April 7.
Shift workers and others who need transit on those nights will have to find another way to get around the city.
City Hall has yet to announce if it will provide service on New Years’ Eve.
Internet hacks happen often. A list of approx. 2.9-million emails with passwords were posted as a paste in recent days. There are 208 @hamilton.ca emails on the list. The hack appears to be prior to 2012, many of the names are now retired.
This is an excellent reminder to use strong and unique passwords for your accounts.
A good follow-up by CHML on a national report stating there is a shortage of firefighters across Canada.
Hamilton’s Fire Chief told CHML that Hamilton is thankfully not experiencing the same challenges.
Q and A
A feature of the newsletter is this section responding to questions. I’ll prioritize questions sent by email reply to newsletters [click reply to send].
Bryan Webber asks about the City’s current development charges reserve balance.
The City’s DC balance on December 31, 2021, was $373,590,713.
The 2021 annual “Treasurer’s Statement“, required by the Development Charges Act, 1997, states the City’s adjusted balance is -$126,047,631 based upon budgeted capital projects and debt charges.
The City borrows for major infrastructure expansions, which occur before areas are developed. This is reflected in the DC Debt lines of the table above. [The City provides a low-quality table image in the original document]
More to come on development charges in upcoming newsletter editions.
Hamilton Land Use and Planning
Ward 5 Clr Matt Francis is concise when he speaks at Council.
He was very concise when he spoke in favour of a 16-storey 316-unit proposal planned for the northwest corner at Nash and Queenston, where there will an LRT stop.
“I just want to say this is, actually, an appropriate place to put this sort of development where we’ve got higher order transit, where this is an LRT corridor. This is exactly the type of development that should be happening in this location. So I’ve got no issues with this proposal.” [YouTube link]
With the ward councillor in favour of the height and density, what remains is negotiating water and sewage services.
City staff stated, “sanitary servicing is constrained and unable to accommodate the proposed increase in wastewater generation and the existing sanitary sewer system does not have sufficient capacity to accommodate the proposed development.”
I spoke with Francis after Wednesday’s Council meeting to learn more about his land-use planning philosophy.
Read more on TPR to learn why Francis’ does not support the present concept at Eastgate Square nor the proposal for two tall buildings at 2900 King Street East.
Hamilton City Council plans to upgrade White Church Road in the coming years, but Hamilton’s Committee of Adjustment has other ideas, and is now overriding Council’s direction.
Why? It seems because they can.
The owner of 6105 White Church Road in Glanbrook asked for a severance to transfer land to a neighbouring property for a lot line adjustment.
This is as routine as routine can get.
City staff supported the transfer with the standard legal conditions and subject to a requirement for “approximately ±7.00 metres to be dedicated to the right-of-way on White Church Road, per the Council Approved Rural Official Plan: Schedule C-1 – Future Right-of-Way Dedications.”
The agent for the owner asked if the condition could only be applied to the severed portion of the property.
CoA Chair Dale Smith responded, “I think this is something we deal with on a regular basis whenever there’s additions made to lots and it’s the opportune time for the city to, in a few words, to say a land grab.”
The agent responded, “that would add significant cost” and Smith suggested the CoA take away the condition.
The CoA then voted to overrule Council’s Official Plan without providing any no planning rationale. [YouTube link]
Due to the impending Christmas Break, City Council will not meet before the deadline for them to file an appeal to the Ontario Land Tribunal.
The relocation of social services into Ward 3 from Hamilton’s downtown core is sparking concern and opposition from some residents. There are some good faith concerns, and then there is just plain old NIMBYism.
I live in Downtown Hamilton. I see both the need for services and the challenges in our community.
Unfortunately for those with reasonable concerns, it is the NIMBYs who show up to public meetings to make embarrassing statements on behalf of the entire neighbourhood.
The move of the Mission Services men’s shelter to 400 King Street East triggered variances to permit the addition of a single story to a rear building to expand for the creation of transitional housing units.
A few residents attended CoA in opposition.
One asked if Mission Services has a license to provide transitional housing.
Another stated residential care facilities are contributing to Hamilton’s housing shortage.
“It’s no wonder there’s a housing program because so many of the regular homes are turning into social services.”
RCFs have more residents than a typical home does.
“There should be a moratorium on all social housing in Ward Three,” stated another resident.
Another resident suggested allowing a shelter to operate in Ward 3 violates their Section 7 Charter Rights.
Section 7 states, “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
I guess they weren’t paying attention in class because Section 7 ensures NIMBY politicians cannot outright ban emergency shelters and housing.
“Right to life” is right there in the text.
Emergency shelters prevent people from dying on the streets.
[The pending Charter challenge against the City’s ban prohibiting outdoor “camping” (encampments) argues the bylaw violates Section 7. We’ll learn and hear much more about this in the coming months.]
The variances were approved.
The Ontario Land Tribunal granted three nearby residents and one community group party status in the Fengate LIUNA non-decision appeal for its proposed redevelopment of the Winona LIUNA Gardens on Lake Ontario.
Fengate LIUNA filed non-decision appeals shortly after the 120-day deadline for Council to decide passed for this property and 186 Hunter Street in Downtown Hamilton.
The filing of the non-decision appeal meant there was no public hearing at Council’s Planning Committee for the public to submit comments.
A second Case Management Conference [formerly called pre-hearing] will be held on Friday, March 3, 2023, to confirm the issues list and procedure order.
The OLT is setting aside ten days for the contested hearing on the development beginning on September 18, 2023. The Tribunal will sit on each weekday for two weeks. The dates may be modified at the CMC in March.
Of note, one of the resident parties hired the law firm Turkstra Mazza as counsel. TMA is one of the GGH’s best planning law firms. More info in this story on TPR
The OLT agreed with City of Hamilton planning staff that a proposed two-storey structure with a ground-level two car garage and a second level Secondary Dwelling Unit at 173 Homewood Avenue is not good planning and should not be approved.
The SDU was denied at Committee of Adjustment because of a lack of setbacks and too narrow of an access path between houses for emergency services response.
City staff are reviewing the Site Plan submission by Cadillac Fairview to “introduce new residential uses to the northern portion of the subject site” – the plan presented this past summer to the City’s Design Review Panel for two 12-storey residential rental buildings.
Staff met with CF and its agents on December 14 to discuss the submission.
Site Plan submission review is underway, following Council’s zoning approval in spring to allow 15 storey mixed-use building containing 265 units, 563 sq. m. of commercial retail and 189 parking spaces. The tenure will be condo. City staff and the development met on December 7.
Much needed mixed-income and affordable units planned by Hamilton East Kiwanis Non-Profit Homes Inc. (HEK) and Victoria Park Community Homes are moving forward in the Site Plan approval process.
The staff review meeting with the developers occurred on November 23.
Now, the partners await the federal and provincial governments to sort out financing for the project.
The federal government a new $500-million funding round for its Rapid Housing Initiative on November 10.
On November 16, during her inaugural speech, Mayor Andrea Horwath said these funds “means resources to quickly build new units will be arriving soon.”
Mayor Horwath and regional federal cabinet Minister Filomena Tassi enjoy a good working relationship.
This project is a top candidate for quick funding.
Ontario Audit 2022
Ontario’s Auditor General Bonnie Lysyk released her annual reports on November 30. Here’s a summary of the value-for-money audit reports discussing programs in Hamilton and municipal affairs.
In an audit of the Niagara Escarpment Planning and Development Act, the AG warns of insufficient conservation efforts,”Changes to the Plan in 2017 [that] allow development that harms endangered species’ habitats,” and the government “provides insufficient financial and staffing resources to the Commission to ensure the Plan and Act are effectively and efficiently implemented.”
The NEC’s insufficient financial and staffing challenges come as the Plan is challenged in Hamilton by developers at the Ontario Land Tribunal.
The most direct challenge is the proposal for three tall buildings at 299-307 John Street South & 97 St. Joseph Drive here in Hamilton.
It is the first tall building proposal near the escarpment since the Niagara Escarpment Plan was enacted in 1985.
If the developer succeeds – which could be more likely if the NEC cannot hire needed experts to testify – there are concerns the Niagara Escarpment Plan will be weakened.
The City of Hamilton is around the provincial average for both cost per vaccination and vaccine wastage during the pandemic.
The City’s use of the single mass vaccination clinic at Copps Coliseum instead of numerous community clinics brought down the cost per dose.
Peel and Toronto are above average as they conducted numerous neighbourhood level clinics. This is a classic last-mile problem. It takes more resources to reach people facing the most barriers or reluctance to vaccinate.
Hamilton’s cost per dose was $50. The provincial average was $52.
Peel spent $79 per dose. Toronto was $68 per dose. Halton, somehow, had the highest cost per dose in Ontario at $87.
The City of Hamilton’s wastage rate was five percent. The provincial average was four percent.
The COVID audit confirms that Hamilton postal codes L8P and L8M were excluded from the Ontario Ministry of Health’s COVID hotspot prioritization at the height of the pandemic in late 2020 and early 2021.
This is despite both being hotspots based on socio-economic factors and COVID case counts.
L8P is an area bound by James Street, the Escarpment, Highway 403, and King Street.
L8M is bound by Wentworth Street, King Street, Ottawa Street, and the Escarpment.
Each of these neighbourhoods includes very wealthy pockets and extreme pockets of poverty.
QUOTE
“Frankly, and with all respect, I think our comfort is irrelevant to the role that we’re in.”
Jeff Beattie, Ward 10 Councillor
Noted in Hamilton
Hamilton East – Stoney Creek MPP Neil Lumsden is hiding from Hamilton’s media these days.
Officially, Members of Provincial Parliament are elected to represent their constituents at Queens Park.
In practice, government MPPs serve to represent their leader.
CHCH News Director Greg O’Brien called Lumsden out on Twitter last week for closing his events to media.
The Waterfront Trail was closed earlier this month between York Blvd and Bayfront Park for “CN to complete underground repairs.”
The Environment Registry of Ontario shows CN was granted a provincial environmental permit to install additional stormwater management works.
“The approved stormwater management works include storm sewers and an oil and grit separator unit for quality control,” states the ERO.
During heavy rain events, CN has experienced minor flooding of its rail tracks in the area, which has caused service disruptions for GO Trains into West Harbour.
Two Hamilton extremes are used to illustrate the cover story for the latest issue of The Walrus – Indoor Air Quality.
The Rebecca Towers COVID outbreak, caused by terrible air circulation in the building, which saw COVID drift between units, as the example of what we need to fix in our indoor spaces.
Author John Lorinc looks at the renovated Ken Soble Tower with its passive house design as the example of optimum indoor air quality design.
Read online here.
A 10-year-plus-old court case between National Steel Car and Arcelor Mittal Dofasco over Dofasco’s alleged blockage of a drainage channel and if that is a cause of flooding on the NSC site continues.
NSC was denied a mandatory interlocutory injunction to force Dofasco and the City of Hamilton to immediately dredge the channel and prevent flooding on the NSC site.
The ruling includes an affidavit by a law clerk “the plaintiff owes $6.8 million in back taxes to the municipality.”
The City of Hamilton does not disclose individual property tax arrears unless the City registers a Tax Arrears Certificate following three years of non-payment.
Sean Marshall writes a good summary of the history of Hamilton’s City Centre, which will be demolished next year to make way for four planned residential towers with 1,940 units.
The City Centre will close on December 31, with the clock tower ringing 12 times at midnight to make the New Year and the end of the former Eaton Centre
Hamilton Centre for Civic Inclusion Executive Director Kojo Damptey is leaving the organization, HCCI announced.
Damptey recently ran a very close second for City Councillor in Ward 14.
HCCI will celebrate Damptey at their AGM on January 12, 2023. The public is invited to attend the online event
The new Hamilton Community Research Partnership released its first reports this week.
The Power of Connected Data: Charting Student Pathways to and through Postsecondary in Hamilton and CRP Blueprint: How We Built a Community Data Infrastructure.
The research confirms the outcomes of socio-economics, academic/applied streaming in high school, and educational attainment.
The research partnership brings together the school boards, post-secondary institutions, the Higher Education Quality Council of Ontario, and the Hamilton Community Foundation.
McMaster’s student newspaper The Silhouette talks to students regarding their HSR UPass.
All McMaster undergraduate students must pay $232.94 for the annual pass.
The McMaster UPass was approximately 10 percent of the HSR’s pre-COVID revenues. [The City of Hamilton no longer releases detailed HSR revenue figures.]
In their last vote on the UPass, in February 2020, Mac undergrads voted 91 percent in favour of the UPass.
Support is strong at least in part because students who do not use the pass can sell their passes, with a robust black market in the vouchers online each August.
Students will vote this coming Winter on renewing the contract.
Someone is using freedom of information to get records from McMaster University regarding ” injuries and any associated incidents that transpired at David Braley Athletic Centre since its opening in 2007″ and inspection records for the indoor track in the Centre.
The request was filed in August 2018. [Over four years later, the requestor is still trying to get records, our FOI system is broken.]
Noted in Municipal
The Province announced more funding for local transit systems to offset decreased revenues due to lower ridership following COVID.
Hamilton will receive another $5,181,247.
Hamilton’s COVID transit reserves remain healthy, but the HSR’s revenues remain significantly down – people are not commuting to work or they are driving.
Hamilton is not in as rough of a financial shape as other cities.
The mandatory UPass agreements at Mohawk and McMaster bring in a large chunk of the HSR’s revenue.
The student unions decided to have their members pay for UPasses last year even as campuses were closed.
This unearned revenue allowed the HSR to bank COVID funding for future rainy days.
Torontonians will continue to enjoy low property taxes as the Province once again gives the City of Toronto a deficit bailout.
This time the City of Toronto will receive ~$266-million to cover one-third of Toronto’s forecasted 2022 deficit.
Toronto enjoys a strong commercial tax base. This combined with frequent bailouts enables the City to keep its residential property tax rates artificially low.
Toronto relies heavily upon its Land Transfer Tax to fund its annual operating budget.
Less year was particularly good for Toronto with over $ 1 billion in land tax revenue.
This year is not looking as good with fewer real estate sales.
Land Transfer Taxes are not reliable nor prudent revenue sources for municipalities.
During the 2022 election, Toronto Mayor John Tory promised to deliver below-inflation property tax increases this year, and the Province is obliging.
In Hamilton, facing a tax increase between 6.9% to who knows for sure, and some on our City Council want the same deal.
Ward 5 Clr Matt Francis gave notice at the end of Wednesday’s Council GIC that he’ll be introducing a motion to seek similar treatment for Hamilton.
To his credit, Francis noted he would seek advice on wording his motion before putting it on the floor.
[Francis also asked “Would this be a good opportunity to look at municipal land transfer tax on the sale of homes?” in Hamilton to address our fiscal crunch.]
Ontario Premier Doug Ford plans to give the mayors of Toronto and Ottawa even stronger strong mayor powers, including the ability to govern with only a 1/3rd minority of their councils.
Hamilton is the next largest single-tier municipality in Ontario, meaning it is possible the “strong mayor” powers will arrive here in 2023.
The University of Toronto’s Institute for Municipal Finance and Governance released a paper last week summarizing a recent academic panel they hosted.
Here are some takeaways.
Dr. Karen Chapple, Director of School of Cities and Professor of Geography and Planning – UofT, noted that in the United States: ‘cities seem to be moving away from the mayor-council form; 56% of American municipalities had a strong mayor in 1984, compared with just 44% in 2008.’
Chapple noted the advantage of the council-manager form [which is the current form in Ontario] includes that ‘it reduces corporate influence,’ ‘quality of public service is higher,’ ‘citizens are more engaged,’ and ‘it reduces conflict among elected officials.’
Journalist Matt Elliott noted Toronto Mayor John Tory ‘the mayor almost never loses a vote.
John Tory has won 98% of relevant council votes this [past] term’ and thus Elliott doubts Strong Mayor powers ‘is going to have major ramifications for the way City Hall operates – at least in Toronto.’
Dr. Alison Smith, Assistant Prof Poli Sci UofT, sees the Strong Mayor powers as a further downloading by the province on affordable and social housing. ‘It is always important for me to note that while we are currently facing a housing crisis across Ontario, there has been a crisis of housing for people with low incomes for decades.’
‘While empowering mayors to accelerate housing production may allow for more nimble action, this is also the downloading of responsibility for addressing the housing crisis to the local level.’
Dr. Gabriel Eidelman, Asst. Prof Munk School UofT, noted having senior staff accountable to the Mayor will clarify lines of responsibility in municipal government.
He discussed the need for safeguards and protections to ensure professional civil servants can still act as professionals.
TMU’s Centre for Urban Research and Land Development is taking a break from shrilling for land speculators’ profits and greenfield paving.
The think-tank asks why there is a lack of low-rise apartment construction in the Greater Golden Horseshoe.
Their conclusion?
“The analysis of CMHC apartment starts data shows that the construction of low-rise missing middle apartments in the GGH, defined as buildings of three storeys or less or six storeys or less, falls considerably short of the units required to offset the under-production of market-based ground-related housing as well as the inherent demand for low-rise apartments.
Only 6% of the apartment starts in the City of Toronto were in buildings of six storeys or less. This small number of missing middle apartment starts in the City of Toronto, combined with a robust latent demand, points to the need for an explosive increase in the construction of these apartments in the city. The most obvious way of achieving this is the up-zoning of existing single-family housing neighbourhoods.”
Now that he is “strong,” Toronto Mayor John Tory must approve minor decisions related to land-use planning and housing.
Last month, Mayor Tory gave his formal blessing to some parking changes and speed humps in Old Toronto and East York.
The Twitter mockery is amusing.
Using his strong mayoral powers, John Tory appointed Paul Johnson as Toronto’s new City Manager.
Johnson was first hired into government at the City of Hamilton as director for the neighbourhood action program, then director of LRT.
As Hamilton City Manager, Chris Murray promoted Johnson to General Manager of Emergency and Community Service. Johnson was hired to Toronto by Chris Murray.
Murray became Toronto’s City Manager in 2018. Johnson moved to Toronto in July 2021 to be one of Toronto’s Deputy City Managers under Murray.
The Toronto Police Services Board and the City of Toronto Ombudsman signed a Memorandum of Agreement to enable the City’s Ombudsman to provide independent oversight of the police service in matters not presently captured by provincial oversight agencies.
The City of Hamilton does not have an Ombudsman.
The UToronto student chapter of the Institute of Transportation Engineers hosted Eftekhari who discussed how service levels are adjusted based on projected and observed customer demand in the post-COVID era when travel patterns are less predictable.
The 37-minute talk video is on YouTube.
In a ruling entirely keeping with obvious case law, Ontario’s Divisional Court is making the Municipality of Leamington redo its appeal hearing after the municipality’s Appeal Committee failed to conduct a procedurally fair hearing regarding a tavern.
Similar to Hamilton, Leamington’s Appeal Committee is composed of elected councillors.
A bit more in this TPR Brief.
Retired Hamilton City Solicitor Janice Atwood-Petkovski’s firm, Principles Integrity, is the new Integrity Commissioner for the municipality of Wellington North.
The Township’s Council openly discussed some of the fees they will pay to retain an IC.
Principles Integrity charges a $1,250 annual retainer fee. The firm is paid a “block fee” of $1,750 for each day they are asked to attend a council meeting or provide council training.
PI’s hourly rate is $275.
The Wellington Advertiser states the Township paid former IC Guy Giorno “$1,088 since his appointment” in 2019.
Giorno’s hourly rate was $300 per hour. He was not called upon to conduct investigations during his term.
At the time of this report, October 7, Principles Integrity held 45 municipal and local board appointments as IC.
Ontario’s Divisional Court in a 2-1 decision upheld the determination of Ontario’s Privacy Commission to order the release of 2018 election records in Mississauga, dismissing an appeal by Mississauga’s City Clerk against a ruling of Ontario’s Information and Privacy Commission (IPC) that determined where the Municipal Elections Act states all election records are public documents, the Act states they are public documents.
This case is quirky. Unfortunately for Hamilton 2022 candidates who were denied access to data, this case is not helpful due to these quirks.
There are methods for Municipal Clerks to legally seal records.
Hamilton City Clerk Andrea Holland has availed herself of the MEA Section 86(6.1) to seal voting records that were denied to candidates on Election Day.
Ontario’s Ministry of Municipal Affairs conducts a review following each municipal election cycle.
It will be interesting to see if the MEA is changed in light of the 2018 events in Mississauga and the similar situation that unfolded in Hamilton during the 2022 election.
A little more on TPR here.
Ward 5 Richmond Hill Councillor Karen Cilevitz has a list of Integrity Commissioner adverse findings against her, she’s a bully towards citizens, and she was criminally charged with fraud.
She was convicted of fraud under $5,000 in a plea deal which saw more serious charges dropped.
She was re-elected last month due to vote splitting. Yes, one of Ontario’s worst municipal councillors is back with only 23.34% of the vote in a ten person race.
When people talk about the merits of ranked ballots in municipal elections, they should use Karen Cilevitz as the top example of why ranked ballots are needed.
Alaska, yes, the frozen north, is adopting zoning reforms which eliminate parking minimums and “add a minimum bicycle parking requirement for new large residential buildings and new commercial buildings.”
Anchorage councillors hope the measure will decrease the cost of new development.
SIGNOFF
Thank you for reading this edition of the newsletter.
The next edition will be issued shortly after City Hall releases the draft 2023 City operating budget next week.
Have a great weekend!
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