The Public Record Hamilton

HSR strike will begin on Thursday:

Hamilton’s public transit workers have rejected the City’s “final offer” and will begin strike action on Thursday morning.

”The Amalgamated Transit Union (ATU) Local 107 is hereby informing all Hamiltonians that their members have rejected the last offer from their employer, Hamilton Street Railway (HSR). As a result, there will be a legal strike of the HSR transit system effective November 9th from 12:01 am,” says HSR union President Eric Tuck.
94 percent of the union’s membership voted for strike action over two days of voting this weekend.

HSR workers seek wage increases matching inflationary increases to cost-of-living, working condition improvements, and firm contract language stating HSR workers will operate the planning B-Line Light Rail Transit project.

The City’s final wage offer is 3.75 percent for 2023, and 3 percent in 2024, 2025, and 2026.

This is the same amount the City’s largest union, CUPE 5167, accepted in their new contract in August.

Tuck says the offer is insufficent, noting the City’s management staff were given up to a 14 percent single-year wage increase.

“We refuse to be left behind while bureaucrats benefit with record raises and the ability to work from home 2-3 days a week. Our transit workers were on the frontlines during the pandemic, and we don’t have the luxury of working from home,” said Tuck.

HSR workers seek 7 percent in 2023, and 4 percent each year in 2024, 2025, and 2026.

“The frustration of workers comes from double-digit increases of up to 15% going to highly paid Non-Union staff while offering transit workers a 3.2% increase that does not address the shortfalls to transit operators, administrative and skilled trades maintenance staff,” Tuck says.

The union is seeking increased safety and access to clean washrooms.

“Our working conditions are far different than those working from an office setting or from home. We have no security or safety from assaults. We don’t work 9 to 5 with standard 8 hour shifts starting and finishing in the same location, and we don’t have ready access to restrooms along transit routes.”

The City began the countdown towards a strike in September when it applied to the Ministry of Labour for a no-board notice. The notice was granted, with the City legally able to lock out workers and the union in a legal strike position on October 25.

City Council met in closed session on Wednesday to discuss the pending HSR labour disruption.

This will be the first HSR strike since November 1998, when HSR workers were out on the picket lines for 12 weeks.

There are budgetary savings for the City of Hamilton during a strike. The City has not publicly disclosed this figure.

# # Boards Prepare Alternative Transportation Plans

Hamilton’s school boards state they have “begun to prepare a plan to transport those students who have an HWDSB or HWCDSB issued HSR Semester Pass” and “will require four days to implement the alternative transportation for the affected students.”
Updates on school transportation will be provided by Hamilton Wentworth Student Transportation Services.

# # will Continue Operating

Hamilton’s paratransit DARTS service will continue to operate. DARTS workers are represented by CUPE 5167.

DARTS users may experience challenges booking trips due to increased demand for rides with the service.

# # Message to HSR Riders

HSR operators are handing out pamphlets encouraging Hamiltonians to contact their councillors to tell them to “demand further talks and allocate the resources necessary to reach a fair deal and keep service going.”

The union is expected to hold a rally on Thursday.

# # Will Operate Until 2:30 a.m. on Thursday

HSR buses will operate until the end of Wednesday’s service, meaning the final buses at 1:20 a.m. will operate as scheduled on Thursday.

It's now easier to send The Public Record Hamilton a message.

"Save Farmland" signs are appearing all over Hamilton as a coalition of divergent interests comes together to oppose boundary expansions.
Can this coalition lead the conservation that follows as we intensify? Such as eliminating transit area-rating? https://www.thepublicrecord.ca/2021/07/colemans-notes-save-farmland-intensification-and-hamilton-transit-third-rail-politics/

COLEMAN'S NOTES: "Save Farmland", Intensification, and Third-Rail Politics Saving Farmland means all of Hamilton will see new development - can the coalition of common cause be a foundation for dealing with third-rail issues such as Transit Area rating?

Hamilton's Medical Officer of Health Dr. Elizabeth Richardson says her recommendation is we remain in the Red Zone, saying it is important people following the rules to avoid another lockdown.
Dr. Richardson was responding to Dr. Sider's comments to BIAs yesterday.
https://www.thepublicrecord.ca/2021/03/hamilton-medical-officer-of-health-dr-richardson-recommends-staying-in-red-zone/

Hamilton Medical Officer of Health Dr. Richardson Recommends Staying in Red Zone "At this point I am saying we stick in Red and continue to monitor the numbers" - Dr. Richardson

Prepare for lockdown "probably by this Friday" says one of Hamilton's top communicable disease doctors. Speaking "frankly" and "bluntly" Hamilton Public Health Services Dr. Doug Sider says we a "lengthy" lockdown is needed to control the spread of COVID variants in Hamilton.
https://www.thepublicrecord.ca/2021/03/hamilton-public-health-doctor-to-businesses-lockdown-probably-by-this-friday/

Hamilton Public Health Doctor to Businesses: Lockdown "Probably by this Friday" "I'm quite certain we're gonna move into Grey and we'll be in Grey for a number of weeks", says Dr Doug Sider, a communicable disaster specialist with Hamilton Public Health.

Ward 3 Hamilton City Councillor Nrinder Nann never wants a plume of demolition debris to engulf any Hamilton neighbourhoods again.
After research following the Deslan, a division of American Iron and Metal, demolition fiasco in 2019, at today's Council Planning Cmte, she moved to ask Province to change rules, and for City Hall to have public health review future commercial industrial demolition permits.
A staff report on how to do this will come back at a future date.
https://www.thepublicrecord.ca/2021/02/hamilton-city-council-to-study-new-planning-and-public-health-requirements-for-demolitions/

Hamilton City Council To Study New Planning and Public Health Requirements for Demolitions This follows the botched demolition on September 30, 2019 when Deslan, a division of American Iron and Metal, at 319 Sherman Avenue North sent a particulate dust plume in all directions in an incident which shocked Hamiltonians.

Hamilton City Council is tired of people asking them to act like adults.
This week, they plan to pass a bylaw banning letters critical of their behaviour
TPR Publisher Joey Coleman has submitted a legal analysis to Council explaining why letters regarding their behaviour are Charter protected expression and cannot be banned by City Hall.
Read the analysis here: https://www.thepublicrecord.ca/2021/01/city-council-wants-to-ban-letters-critical-of-their-behaviour-a-legal-analysis-why-that-is-illegal/

City Council Wants to Ban Letters Critical of Their Behaviour: A Legal Analysis Why That is Illegal In a letter to Hamilton City Council, Joey Coleman explains why Council's proposed ban on public correspondence critical of their behaviour will be struck down by the Courts for violation the Charter Rights of Hamiltonians.

In what can only be described as unbelievable.
Hamilton City Hall has terminated due immune compromised HSR operators during COVID.
One of the operators, a 31-year employee who had a successful liver transplant, can return to work once they receive the COVID vaccine.
City Hall says their being immune compromised is a permanent disability.
Their Union, ATU 107, is asking Mayor Fred Eisenberger and Council to reconsider. The Union says they will fight this at arbitration.
https://www.thepublicrecord.ca/2021/01/city-fires-two-immune-compromised-hsr-bus-operators-who-are-not-able-to-work-during-covid/

City Terminates Two Immune Compromised HSR Bus Operators Who Are Not Able To Work During COVID Immune compromised bus operators sought safe alternative work such as contract tracing, the City is steadfast in its decision to terminate them. The Union is going to fight the terminations at arbitration.

Hamilton moves to COVID "Lockdown" status - Grey Zone - starting Monday for at least 28 days.
Another announcement of further measures beyond current "Lockdown" restrictions expected Monday afternoon.
Gov of Ont press statement here: https://news.ontario.ca/en/release/59776/ontario-taking-further-action-to-limit-spread-of-covid-19

Ontario Taking Further Action to Limit Spread of COVID-19 | Ontario Newsroom After assessing trends in key public health indicators, Peel Public Health and Toronto Public Health will remain in the Grey-Lockdown level to be re-assessed on January 4, 2021.  In addition, five public health regions will be moved to levels with stronger public health measures, including m...

Canada's first statue of Sir John A Macdonald may be removed early in 2021 as City staff prepare to recommend its removal to City Council.
The Macdonald statue was installed in 1893, only two years after his death
https://www.thepublicrecord.ca/2020/12/city-staff-seriously-considering-removal-of-macdonald-statue-from-downtown-hamilton/

City Staff "Seriously" Considering Removal of Macdonald Statue from Downtown Hamilton Canada's first statue of Sir John A Macdonald could be removed from 2021 as City staff state they are "seriously" considering recommending removal as a "our high priority item" as part of the City's response to the Truth and Reconciliation Commission of Canada.

A look at the case law involving protest camps, the arguments advanced by the City for removal, and COVID regulations.

https://www.thepublicrecord.ca/2020/11/protest-police-pandemic-and-rights-camping-in-front-of-city-hall/

Protest, Police, Pandemic, and Rights: Camping in Front of City Hall A look at the case law involving protest camps, the arguments advanced by the City for removal, and COVID regulations.

Monday’s ticket poses the question, can the government impose a public health limit on the number of people involved in an outdoor protest which follows all other public health regulations?

https://www.thepublicrecord.ca/2020/11/protest-police-pandemic-and-rights-why-the-city-fining-sarah-jama-makes-for-an-interesting-court-case/

Protest, Police, Pandemic, and Rights: Why the City Fining Sarah Jama Makes for a Charter Test Case Monday's ticket poses the question, can the government impose a public health limit on the number of people involved in an outdoor protest which follows all other public health regulations?

"Damning" consultants reports reveals a dysfunctional Hamilton Farmers Market Board dominated by vendor reps who do not obey rules, promote their personal grievances at the expense of the market and concludes the broken Board needs to be disbanded and a new citizen board created from scratch. https://www.thepublicrecord.ca/2020/09/disband-ineffective-farmers-market-board-bogged-down-by-vendor-reps-consultant-says/

Disband "Ineffective" Farmers Market Board Bogged Down by Vendor Reps: Consultant Says 36-page report details serious problems with vendor representative behaviour, including a vendor rep who refuses to obey rules or pay fines. Report calls for a new citizen led Board with only one vendor rep.

New from CHCH News.
Ward 4 City Councillor Sam Merulla has, once again, engaged in threats against individuals, this time a Kitchener business owner whom he pre-ordered fitness gear from. Merulla was upset the pre-order was a per-order.
Then, when CHCH reported upon his threats, Merulla swore at the reporter, claimed there will be action against CHCH for reporting on the threat, and demanded to speak to the reporters boss.
Last June, Merulla threatened multiple people without consequence.

A Kitchener business has filed a complaint against Hamilton Councillor Sam Merulla - CHCH Local News, News, Top News Story-complaint, councillor, Gina Richardson, hamilton, kitchener, sam merulla

With one week until City Council decides if hosting the 2026 Commonwealth Games, the private bid group is preparing their final public relations push.
In a private meeting with bid supporters, PJ Mercanti says the cost of hosting the 2026 Commonwealth Games is between $1 to 1.1 Billion.
Full summary of meeting, including details of the bid team's plan to win Council support on August 10, on The Public Record. https://www.thepublicrecord.ca/2020/08/2026-commonwealth-games-cost-estimated-at-1-billion-says-private-bid-president/

2026 Commonwealth Games Cost Estimated at $1 Billion Says Private Bid President PJ Mercanti tells bid supporters they need to work hard in the coming week to promote the bid leading up to a crucial August 10 City Council vote to decide if the Games will be a Council COVID recovery priority.

New analysis on The Public Record:
Why the Courts issued the encampment injunction, how City Council will likely end up losing in a Charter challenge against the by-law banning sleeping rough, what Council needs to do to prepare a new by-law.
Take a read

Injunction Against Removing Homeless Encampments Foretells Likely Outcome of Charter Challenge An explainer of why the injunction was issued, what is likely to happen in the next ten days, and why Council should prepare a new bylaw for when the Ontario Courts rule bans on sleeping rough violate the Charter.

Four Tall Buildings Proposed for Hamilton City Centre at 77 James Street North
If it happens, the estimated $700-million redevelopment of the Hamilton City Centre site will be the largest Downtown Hamilton construction project in 30 years.
https://www.thepublicrecord.ca/2020/07/four-tall-buildings-proposed-for-hamilton-city-centre-at-77-james-street-north/

Four Tall Buildings Proposed for Hamilton City Centre at 77 James Street North If it happens, the estimated $700-million redevelopment of the Hamilton City Centre site will be the largest Downtown Hamilton construction project in 30 years.

The 126-page independent investigation into the Hamilton Police response to the attack upon the 2019 Hamilton Pride festivities at Gage Park is a shocking reveal into a Police Command that was inept in preparing for Pride, inept at managing community relations, that set its front-line up for failure, and were blinded after the fact in a rabbit hole they kept digging deeper.

The report makes 38 recommendations that need to be implemented.

Joey Coleman argues Hamilton deserves better from its Police Command, and needs a new Police Chief to implement the recommendations.

Independent Investigation into Police Response to 2019 Attack on Hamilton Pride Reveals a Broken Police Command A 126 page independent investigation into the Hamilton Police Service reveals Command Officers were blinded within a rabbit hole of their own digging. Hamilton deserves better.

NEW from City of Hamilton
Escarpment Stairs will reopen on Friday, crews will be out during the day to reopen, thus if you are planning to use the stairs, plan for after 4pm
Remember the provincial ban on gatherings applies at the stairs, thus you cannot gather with an exercise group, you may use them on your own or with others in your household.

In the latest "Coleman's Note", Joey Coleman explains why municipalities need to prepare for commercial tax defaults on June 30, and why the City needs to look at mitigation measures to prevent municipal penalties from pushing small commercial owners into bankruptcy.
https://www.thepublicrecord.ca/2020/05/colemans-notes-is-hamilton-prepared-for-commercial-tax-defaults-on-june-30/

Coleman's Notes: Is Hamilton Prepared for Commercial Tax Defaults on June 30? City Council needs to prepare for "mom and pop" and small investor defaults, and stop the ground crumbling small commercial off a cliff they can never climb.

Big story, pun intended.

Famed architect Bruce Kuwabara designing signature 45-Storey tall building for 's Pier 8

Would you want to buy a unit in this tower?

Bruce Kuwabara Designing 45-Storey Signature Tall Building for Pier 8 If built, the building will be the largest in Hamilton measured from base to top with ~400 units.

Janette Smith says COVID is not a reason to stop building transit, ridership will rebound, Hamilton will grow, and transit such as LRT will be needed to prevent congestion.

https://www.thepublicrecord.ca/2020/05/hamilton-city-manager-say-higher-order-transit-important-to-hamiltons-growth/

Hamilton City Manager Say "Higher Order Transit" Important to Hamilton's Growth Janette Smith says COVID doesn't mean the City shouldn't be investing in something like LRT as transit will be needed to meet further growth and prevent congestion.

City Hall is once again enforcing stationary timelines for citizen and interested party appeals of Planning Act decisions.
Don't confuse this with the LPAT suspending its process timelines, officially, you file your appeal with the City Clerk who then forwards it to LPAT.

Hamilton Re-implements Citizen Planning Appeal Deadlines During COVID Emergency City quietly makes significant change as Council didn't meet in the first week of May.

Planning Approvals are happening and appeal deadlines being enforced again in Hamilton, after City Hall quietly declares use of provision to resume some City business during COVID.

Hamilton Re-implements Citizen Planning Appeal Deadlines During COVID Emergency City quietly makes significant change as Council didn't meet in the first week of May.

Hamilton City Manager Janette Smith says the City needs immediate funding support from the province to maintain supports to the homeless, and prepare for summer heat waves which will be more challenging due to physical distancing.

"Pandemic is shining a light on the cracks in our society": Hamilton City Manager Janette Smith says Hamilton need provincial funding support to maintain assistance for Hamilton's homeless population; and more support to prevent heat deaths during heat waves this coming summer.

In an Op-Ed, Joey Coleman says the Mayor's Task Force on reopening as already served its purpose: politicians taking credit for the work already happening.
The question now, does the Task Force report get filed beside "HAmazon" or will the Task Force be allowed bold ideas?

COLEMAN: The Mayor's Task Force Posturing All Around Council does a lot of fighting over a Task Force which has already served its purpose.

You will soon be able to get library books again as the Hamilton Public Library is "accelerating" plans for pick-up service this summer
https://www.thepublicrecord.ca/2020/05/hamilton-public-library-accelerating-plans-for-pick-up-service-this-summer/

Hamilton Public Library "accelerating" plans for pick-up service this summer Chief Librarian says HPL is working to safely provide access to materials as the COVID situation improves. Library pivoted online in March, using its existing Pandemic Plan to guide their response.

New on The Public Record:
With student UPasses accounting for 17% of the HSR's annual revenue, the City's deficit will grow as
Council Must Decide if Students Continue Paying For HSR UPasses During COVID Closures
https://www.thepublicrecord.ca/2020/05/council-to-decide-if-students-continue-paying-for-hsr-during-covid-closures/

Council to Decide if Students Continue Paying For HSR UPasses During COVID Closures With student U-Passes representing approx. 17% of HSR's annual revenue, Council faces a growing municipal deficit due to COVID-19.

New on The Public Record:
Council unanimously approved a significant change to Transit Area Rating to shift 31% of the cost of providing bus service to Waterdown onto the Hamilton transit levy, citing service extension to Plains Rd in Burlington.
https://www.thepublicrecord.ca/2020/05/flamborough-hsr-bus-service-cost-now-split-between-waterdown-and-hamilton-ratepayers/

Flamborough HSR Bus Service Cost Now Split Between Waterdown and Hamilton Ratepayers With the change, the $538,000 annual operating cost of the 18-Waterdown HSR bus route is funded 68.8% by Waterdown ratepayers and 31.2% by Hamilton ratepayers for approximately $370,000 and $168,000 respectively.