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The Public Record
Email Edition for Tuesday, July 3, 2018

 
DISRESPECTFUL HEADLINE
On Banning Disrespect, Council Invites Disrespect

Council's Governance Committee, formerly known as the Accountability and Transparency Committee prior to dropping the name as the committee believes in neither concept, met last Tuesday to pass a new By-Law banning Hamiltonians from speaking "disrespectfully of any By-Law or vote" of the Council or its sub-committees. That's inspiration for today's subject line.

The ban was among numerous proposals in the City's new Procedural By-Law written by the City Clerk after anonymous consultations with members of City Council. 

I stood in front of Council on Tuesday, presenting case law, explaining the fundamentals of free expression and the importance of allowing citizens to speak against Council bylaws to effective local governance. Video of my delegation is on my Facebook page.

Council tabled the bylaw for further consultation with the community. I'll be submitting an extensive brief in the next few weeks building upon existing case law to ensure Council does not attempt to ban public debate, and if Council does ban disagreement under the guise that it is "disrespectful", I will join others in challenging the By-Law at Divisional Court. 

Today from The Election Desk


The latest updates from The Public Record's municipal election desk, visit our website for the latest updates, calendar of debates, and more.


The Candidates Who've Been Candidates Register 


Experienced political staffers and candidates registered at the end of last week.

Already pre-campaigning prior to her registration, Colleen Wicken registered Thursday to run for the Ward 8 Council seat. Wicken is the executive assistant to current Ward 8 Councillor Terry Whitehead. Whitehead is running in the new Ward 14. Wicken was already campaigning at events in the past few weeks. In the past, Wicken has expressed strong concerns about the growth of Mohawk students living in the surrounding neighbourhood and conversion of single-family homes into rentals. 

Fresh from his campaign for Hamilton Mountain MPP for the Ontario Liberal Party, Damin Starr is running for Public School Trustee in the combined Ward 8 & 14 seat.  

Ward 11 & 12 Public School Board Trustee Alex Johnstone filed Friday to run for reelection.

The latest candidate listing is on The Public Record's election website here: https://www.thepublicrecord.ca/2018-hamilton-ontario-municipal-election-information-whos-running-what-are-the-issues-and-how-do-i-vote-yhmvote/

Two Ward 10 Campaign Launches Sunday, A Ward 13 Launch on Sunday

With the provincial election now fully out of the way, and the final weeks of campaign registration until the July 29 registration cut-off, candidates are now getting their public campaigns underway. 

In Ward 10, both Jeff Beattie and Ian Thompson are holding their campaign kick-offs Sunday. (note: TPR lists candidates by order of registration). Beattie's kick-off is Sunday from 2-4pm at his family's Winona Garden's farm and greenhouse. Thompson's kick off is at Studio E at 621 Barton Street, Stoney Creek from 4pm to 5:30pm


Ward 13 candidate Rich Gelder is holding his campaign launch on Wednesday at the Dundas Driving Park from 7 to 9pm

New on The Public Record



Speculation on Next City Manager is Focused on Men, This is a Problem Chris Murray Leaves Behind

The names thus far speculated upon for Hamilton’s next City Manager are all men. This is a function of the fact that during outgoing City Manager Chris Murray’s nine years as City Manager, he hired no women into General Manager roles.

When Murray became City Manager in 2009, two of Hamilton’s top tier of managers were women. Today, there are no women in the top tiers of the City bureaucracy. 

Let that sink in, in 2018, the City of Hamilton has no women among its top management ranks. All things being equal, the next Council will have to address this, and hiring Hamilton's first female City Manager is a good place to start.

Joey's full Editor's Note on The Public Record


Donna Skelly’s Appointment as P.A. to Minister of EcDev Jim Wilson A Big Opportunity for Skelly

Donna Skelly is Parliamentary Assistant to the Minister of Economic Development, Job Creation, and Trade Jim Wilson.

Hamilton’s sole member of the Provincial Progressive Conservative government, Flamborough-Glanbrook MPP Donna Skelly, gained a P.A. post in the new government, working with Minister Jim Wilson.

First elected to the Ontario Legislature in 1990, Wilson is a seasoned expert in how Queen’s Park functions. Wilson is a Red Tory who will focus on managing his portfolio for the betterment of Ontarians regardless of party affiliation. Skelly will have the opportunity to prove herself as P.A., and if recommended by Wilson, she has a very good chance of making Cabinet during a mid-term shuffle.

(Wilson was opposition critic for higher education while I was working for Macleans. Him and I regularly chatted, do not under-estimate him as I did, he reads his briefings well, and gains knowledge quickly.)

Joey's Note on The Public Record

THE PUBLIC RECORD PRESS CLUB
 
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LPAT (Formerly OMB) Pre-Hearing Dates Set

The Local Planning Appeal Tribunal (formerly known as the Ontario Municipal Board) is beginning to set pre-hearing dates for various appeals for non-decision in planning applications across Hamilton. 

Non-Decision Appeals are those made by developers prior to Council debating a matter due to provisions in the Planning Act requiring Council to make a decision in either 120 or 180 days after an application is submitted. Few applications are ever reviewed by staff and voted upon at Council in these timelines. As there is no Council debate prior to non-decision appeals, the LPAT hearing is the only opportunity for members of the public to have their voices heard

If you wish to speak to an appeal, you must attend the pre-hearing date. If you cannot attend, contact the LPAT case coordinator to see what alternative opinions may be available to you. 

195 Wellington Street South

Medallion Developments is proposing a 20 story residential tall building on a portion of the property which is presenting the site of a low-storey apartment complex. The pre-hearing date is October 22nd, 10am, at the Old Courthouse downtown at 50 Main Street East. 
October 22nd is the date of the municipal election, and the pre-hearing is scheduled by LPAT, not the City or appealing party. 
The case number is PL171389, the case manager's contact is on the LPAT website.
This hearing will be under old OMB rules as the appeal was filed prior to December 12, 2018.

1518, 1530, and 1540 Upper Sherman Avenue

This Sonoma Homes project proposes two eight-storey and two 11-storey buildings on the northeast parcel of Upper Sherman Avenue and Rymal Road East; the proposal has drawn much concern among neighbours in the area, but also support from some quarters of the planning community for an intensification project on a planned (Rymal) rapid transit corridor. 
The pre-hearing date is October 23rd, 10am, at the Old Courthouse downtown at 50 Main Street East.
The case number is PL180175, the case manager's contact is on the LPAT website.
This hearing will be under old OMB rules as the appeal was filed prior to December 12, 2018.

163 Jackson Street West - Television City

Brad Lamb's appeal against the City - the OMB will have to determine if they'll treat it as a non-decision or a Council denial as Lamb filed after Councillors received the staff report but before they formally voted to deny - against the escarpment height limit and other planning policies will have its pre-hearing on October 26th, 10am, at the Old Courthouse downtown at 50 Main Street East.
The case number is PL180255, the case manager's contact is on the LPAT website.
This hearing will be under old OMB rules as the appeal was filed prior to December 12, 2018.

Hamilton News Briefs


City Manager Chris Murray Heading to Toronto


Hamilton City Manager Chris Murray is the next City Manager of Toronto, after Toronto Council unanimously approved his appointment last Tuesday. Murray will now head the largest municipality in Canada.

General Manager of Corporate Services Mike Zegarac becomes Acting City Manager here in Hamilton. Council has not yet decided if they'll rush to fill the vacancy or allow the next Council to choose the new City Manager. 

Council Votes Against Settling with the Christian Heritage Party

City Council voted last Wednesday to not reach a costs settlement with the Christian Heritage Party in the ongoing Divisional Court challenge by CHP of the City's decision to remove a CHP ad in August 2016.

We await the Divisional Court decision.

Ward 7 Seat Left Vacant for Now as Council asks for Exemption from Municipal Act

City Council decided last Wednesday to ask the Minister of Municipal Affairs to grant them an exception from the Municipal Act to leave the Ward 7 seat vacant. 

The Minister cannot do so, the Municipal Act is a law, not a regulation. 

Councillors wish to leave the seat vacant after public criticism of their plan to fill it the seat with one of their former colleagues, former Alderman Terry Anderson. 

The seat is vacant after Donna Skelly's election to the Ontario Legislative Assembly.

St Giles Facing Demolition

Council will decide next week on the future of St Giles Church on Main Street East at Holton as the Heritage Committee recommends giving the church a heritage designation and the congregation seeks approval of a demolition permit. 

A overview from a nearby neighbour was published on Raise the Hammer this morning.

Be Informed

New York City's Transit Chief on Riding the System to Fix the System

New York City's transit agency has a new head, Andy Byford, who as his first hire created the position of Chief Customer Officer, is riding the New York Transit system to hear directly from riders on how to fix the system. 

While Hamilton is nowhere in league with a large city transit system, there's a lot of great advice that Hamilton's transit managers should take from this New Yorker magazine story "Can Andy Byford Save the Subways?"

The HSR's customer service section is expanding, the City recently posted for a new senior manager of customer service, with a requirement they have access to a vehicle and a drivers license. (Which would disqualify transit leaders like Byford who has never owned a car, and actually uses transit as his primary means of transportation)


Video of UrbanXchange Talk on Hamilton Transit Policy

Laura Babcock and David Premi hosted a discussion of local transit policy with HSR Director Debbie Dalle Vedove, Founder of 8-80 Cities Gil Penelosa, Brad Clark, Keanin Loomis, and Nicholas Kevlahan. Full video of the discussion is now public.


TVO's The Agenda: Why Municipal Elections Matter

The Agenda launched their summer season last night with Spacing Magazine Editor Shawn Micallef in studio to discuss why municipal elections matter. The discussion will be familiar to readers of this newsletter, if you wish to watch, here's the link: https://tvo.org/video/programs/the-agenda-with-steve-paikin/why-municipal-elections-matter

Get Engaged

*new* July 4 
Official Public Consultation on 468-476 James North Development Proposal . Jv/dN's hoping to gain Council approval for their proposed eight-storey mixed-use development at 468 James Street North in either August or September. Prior to being heard by Council, an official community meeting will be held this Wednesday by the developer at Bennetto Community Centre starting at 7pm. Childcare is being provided.

*new* July 11 
Planning 101 in Stoney Creek. The Olde Town Stoney Creek Community Association present an introductory talk to planning policies and practices from the City's planning staff next Wednesday. The event is at 7pm, at the Nash-Jackson House in Battlefield Park. Details


*new* July 14
HTRU Strategy Planning Session. The Hamilton Transit Riders Union is holding its first members strategy meeting to plan out their goals, and prepare for the fall election. Details

Shout Outs

Hamilton Fringe for their upcoming Gore Park festival  Running July 19 to 29, the Hamilton Fringe Festival is expanding this year to include a large beer garden, free shows, and free activities in Gore Park from July 19 to 29. DETAILS

Renee Wetselaar Who moves from the Social Planning and Research Council of Hamilton to St. Matthew's House where she is the new Executive Director.

Newsletter top photo: From Friday's Ticats Game

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