Hamilton politicians threaten Canada Post with legal action

News Apr 22, 2015 by Kevin Werner Hamilton Mountain News

 Hamilton councillors have turned up the heat on Canada Post, approving a motion to take Canada Post to court after violating the city's recently approved bylaw on installing community mail boxes on city property without getting the necessary permit.

Politicians expressed their frustration at the April 22 council meeting against Canada Post for ignoring the city’s Roads-Equipment Installation bylaw that regulates where community mail boxes can be located on city property. The bylaw, which imposes a $200 permit fee, was unanimously approved at an earlier council meeting. The permit fee is supposed to cover the city’s administrative costs for overseeing the installation of the super mail boxes.

Mountain councillor Terry Whitehead said he identified at least 36 locations in his west Mountain area where contractors are already marking locations for future community mail boxes, or installing pre-cast concrete pads. He said at Buchanan Park, there was cement pads installed that were a “safety hazard” to residents.

“It’s a health and safety concern,” said Whitehead. “(Canada Post) is required to follow the bylaw. I’m not sure why they are not.”

Mountain residents, said Ward 6 councillors Tom Jackson, have been contacting city politicians demanding to know why the city isn’t taking action against Canada Post.

“The integrity of the law is being discussed,” said Jackson. “I supported the bylaw. I wanted to have some meaningful dialogue (with Canada Post) for some resolution.”

Whitehead agreed that he had hoped the bylaw would encourage Canada Post into a constructive discussion with the city.

“It’s unfortunate we are taking this to the next step,” said Whitehead.

City solicitor Janice Atwood-Petkovski said her staff have been in contact with Canada Post lawyers about the issue. She said there seems to be a belief among Canada Post officials that Hamilton doesn’t have jurisdiction.

In an letter sent to the city earlier this month, Canada Post spokesperson Jon Hamilton said Canada Post’s authority trumps Hamilton’s jurisdiction.

The super mail boxes are part of Canada’s Post’s strategy to eliminate door-to-door delivery to about 117,000 homes across the country.  Hamilton Mountain and upper Stoney Creek homeowners have been targeted first in the city. Canada Post officials say the super mail boxes will be installed  this summer.

Atwood-Petkovski said city officials have been informing the contractors that they need a permit to install the community mail boxes. Atwood-Petkovski acknowledged that the contractors working for Canada Post could be ticketed with violating the bylaw.

Atwood-Petkovski said ultimately, the legal issue will “rise or fall” before a judge over whether Hamilton has the authority to establish the bylaw.

“I believe it will be a constitutional issue,” she said.

 

Hamilton politicians threaten Canada Post with legal action

News Apr 22, 2015 by Kevin Werner Hamilton Mountain News

 Hamilton councillors have turned up the heat on Canada Post, approving a motion to take Canada Post to court after violating the city's recently approved bylaw on installing community mail boxes on city property without getting the necessary permit.

Politicians expressed their frustration at the April 22 council meeting against Canada Post for ignoring the city’s Roads-Equipment Installation bylaw that regulates where community mail boxes can be located on city property. The bylaw, which imposes a $200 permit fee, was unanimously approved at an earlier council meeting. The permit fee is supposed to cover the city’s administrative costs for overseeing the installation of the super mail boxes.

Mountain councillor Terry Whitehead said he identified at least 36 locations in his west Mountain area where contractors are already marking locations for future community mail boxes, or installing pre-cast concrete pads. He said at Buchanan Park, there was cement pads installed that were a “safety hazard” to residents.

“It’s a health and safety concern,” said Whitehead. “(Canada Post) is required to follow the bylaw. I’m not sure why they are not.”

Mountain residents, said Ward 6 councillors Tom Jackson, have been contacting city politicians demanding to know why the city isn’t taking action against Canada Post.

“The integrity of the law is being discussed,” said Jackson. “I supported the bylaw. I wanted to have some meaningful dialogue (with Canada Post) for some resolution.”

Whitehead agreed that he had hoped the bylaw would encourage Canada Post into a constructive discussion with the city.

“It’s unfortunate we are taking this to the next step,” said Whitehead.

City solicitor Janice Atwood-Petkovski said her staff have been in contact with Canada Post lawyers about the issue. She said there seems to be a belief among Canada Post officials that Hamilton doesn’t have jurisdiction.

In an letter sent to the city earlier this month, Canada Post spokesperson Jon Hamilton said Canada Post’s authority trumps Hamilton’s jurisdiction.

The super mail boxes are part of Canada’s Post’s strategy to eliminate door-to-door delivery to about 117,000 homes across the country.  Hamilton Mountain and upper Stoney Creek homeowners have been targeted first in the city. Canada Post officials say the super mail boxes will be installed  this summer.

Atwood-Petkovski said city officials have been informing the contractors that they need a permit to install the community mail boxes. Atwood-Petkovski acknowledged that the contractors working for Canada Post could be ticketed with violating the bylaw.

Atwood-Petkovski said ultimately, the legal issue will “rise or fall” before a judge over whether Hamilton has the authority to establish the bylaw.

“I believe it will be a constitutional issue,” she said.

 

Hamilton politicians threaten Canada Post with legal action

News Apr 22, 2015 by Kevin Werner Hamilton Mountain News

 Hamilton councillors have turned up the heat on Canada Post, approving a motion to take Canada Post to court after violating the city's recently approved bylaw on installing community mail boxes on city property without getting the necessary permit.

Politicians expressed their frustration at the April 22 council meeting against Canada Post for ignoring the city’s Roads-Equipment Installation bylaw that regulates where community mail boxes can be located on city property. The bylaw, which imposes a $200 permit fee, was unanimously approved at an earlier council meeting. The permit fee is supposed to cover the city’s administrative costs for overseeing the installation of the super mail boxes.

Mountain councillor Terry Whitehead said he identified at least 36 locations in his west Mountain area where contractors are already marking locations for future community mail boxes, or installing pre-cast concrete pads. He said at Buchanan Park, there was cement pads installed that were a “safety hazard” to residents.

“It’s a health and safety concern,” said Whitehead. “(Canada Post) is required to follow the bylaw. I’m not sure why they are not.”

Mountain residents, said Ward 6 councillors Tom Jackson, have been contacting city politicians demanding to know why the city isn’t taking action against Canada Post.

“The integrity of the law is being discussed,” said Jackson. “I supported the bylaw. I wanted to have some meaningful dialogue (with Canada Post) for some resolution.”

Whitehead agreed that he had hoped the bylaw would encourage Canada Post into a constructive discussion with the city.

“It’s unfortunate we are taking this to the next step,” said Whitehead.

City solicitor Janice Atwood-Petkovski said her staff have been in contact with Canada Post lawyers about the issue. She said there seems to be a belief among Canada Post officials that Hamilton doesn’t have jurisdiction.

In an letter sent to the city earlier this month, Canada Post spokesperson Jon Hamilton said Canada Post’s authority trumps Hamilton’s jurisdiction.

The super mail boxes are part of Canada’s Post’s strategy to eliminate door-to-door delivery to about 117,000 homes across the country.  Hamilton Mountain and upper Stoney Creek homeowners have been targeted first in the city. Canada Post officials say the super mail boxes will be installed  this summer.

Atwood-Petkovski said city officials have been informing the contractors that they need a permit to install the community mail boxes. Atwood-Petkovski acknowledged that the contractors working for Canada Post could be ticketed with violating the bylaw.

Atwood-Petkovski said ultimately, the legal issue will “rise or fall” before a judge over whether Hamilton has the authority to establish the bylaw.

“I believe it will be a constitutional issue,” she said.