Corporate Services, Strategy, Risk and Accountability Committee Meeting

Revised Agenda

Meeting #:

Date:

Monday, June 26, 2023

Time:

9:30 a.m. and 6:30 p.m. (if required)

Location:

Hybrid meeting- virtual and Council Chambers, City Hall

Contact:                  Committee Clerk, [e-mail], 905-335-7600 x 7492 

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1.

Declarations of Interest:

2.

Delegation(s):

Standing committee and City Council meetings are held using a hybrid model, allowing members of Council, city staff and the public the option of participating remotely or in-person at city hall, 426 Brant St.

Requests to delegate to this hybrid meeting can be made by completing the online delegation registration form at www.burlington.ca/delegate, by submitting a written request by email to the Office of the City Clerk at or by phoning 905-335-7600, ext. 7481 by noon the business day before the meeting is to be held. It is recommended that virtual delegates include their intended remarks, which will be circulated to all members in advance, as a backup to any disruptions in technology issues that may occur.

If you do not wish to delegate, but would like to submit correspondence, please email your comments to . Any delegation notes and comments will be circulated to members in advance of the meeting and will be attached to the minutes, forming part of the public record.

3.

Consent Items:

Reports of a routine nature, which are not expected to require discussion and/or debate.  Staff may not be in attendance to respond to queries on items contained in the Consent Agenda.

3.1

Appointment of Ombudsman (CL-15-23)

• Re-appoint ADR Chambers Inc. (“ADR Chambers”) as Ombudsman for The Corporation of the City of Burlington (“City of Burlington”) and its local boards pursuant to section 223.13(1) of the Municipal Act, 2001 for a term of up to six years, with the initial term commencing August 1, 2023 to July 31, 2024, and subsequent up to five additional one year renewal terms subject to reaching mutual agreement; and
  
  Approve the award of a single source contract for Ombudsman Services to ADR Chambers for $13,560 (includes 13% HST) plus investigation costs per annum; and
  
  Authorize the Manager of Procurement Services to issue a purchase order and/or sign the service agreement and any associated documents, including contract extensions, between the City of Burlington and ADR Chambers respecting the appointment of ADR Chambers as Ombudsman, subject to the satisfaction of the Clerk as to content and the Executive Director of Legal Services and Corporation Counsel as to form; and
  
  Authorize the Manager of Procurement Services to extend the contract for up to five additional one year terms subject to mutual agreement; and
  
  Enact an appointing by-law to appoint ADR Chambers as the Ombudsman for the City of Burlington and its local boards.

3.2

Corporate project status reporting – Feb, Mar, April, May 2023 (CM-06-23)

• Receive and file city manager’s office report CM-06-23 providing status reports for designated corporate projects for the period February through May 2023 as detailed in Appendix A and project specific expanded updates as contained in the strategy/process/risk section of this report.

3.3

An integrated approach - enterprise business planning and portfolio management (CS-11-23)

• Receive and file corporate strategy report CS-11-23 providing an overview of the City of Burlington’s integrated approach to support efficient and effective prioritization and planning of corporate programs, projects, initiatives, and resources.

4.

Regular Items:

4.1

2022 post-election report (CL-07-23)

• Receive and file office of the city clerk report CL-07-23 regarding the 2022 Municipal Election review; and

  Direct the Office of the City Clerk to prepare a report on a potential City of Burlington Ward Boundary Review for consideration, the report should include timelines, a proposed budget, scope, and a review of council size and governance model by Q1 2024.  

• Add "and a review of council size and governance model"  

4.2

Government relations annual report - 2023 (CS-10-23)

• Receive and file corporate strategy report CS-10-23, providing an update on the funding, advocacy, and monitoring and reporting work of government relations (GR) at the City of Burlington; and

  Direct the City Manager to report back with a Draft Regional Review Readiness Strategy by September 2023 (subject to appointment of the Regional Facilitators) to inform and guide the City of Burlington’s participation in the upcoming regional review process including but not limited to high level options related to services delivered by both levels (e.g. Transportation, Economic Development, Heritage, etc.), as well as Regional Transit Optimization.

• Add "Direct the City Manager to report back with a Draft Regional Review Readiness Strategy by September 2023 (subject to appointment of the Regional Facilitators) to inform and guide the City of Burlington’s participation in the upcoming regional review process including but not limited to high level options related to services delivered by both levels (e.g. Transportation, Economic Development, Heritage, etc.), as well as Regional Transit Optimization".

4.3

Periodic report of the Integrity Commissioner (CL-16-23)

• Receive and file office of the city clerk report CL-16-23 providing the periodic report from Principles Integrity, Integrity Commissioner for the City of Burlington attached as Appendix A.

4.4

2024 budget framework (F-23-23)

• Receive and file finance department report F-23-23 regarding the 2024 budget framework.

4.5

Public Conduct Policy and Trespass By-law (CL-08-23)

• Rescind Zero Tolerance Policy PR-43-03 attached as Appendix A to office of the city clerk report CL-08-23; and
  
  Approve the Public Conduct Policy substantially in the form attached as Appendix B to office of the city clerk report CL-08-23 and in a form satisfactory to the Director of Recreation, Community and Culture and the City Clerk; and
  
  Approve By-law XXX-2023 substantially in the form attached as Appendix C to office of the city clerk report CL-08-23 and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and
  
  Approve amendments to the 2023 Corporate Customer Experiences – Service Burlington fees as outlined in office of the city clerk report CL-08-23, effective July 11, 2023; and
  
  Approve By-Law XXX-2023 substantially in the form attached as Appendix D to amend the Rates & Fees By-law 83-2022 to include the appeal fees as detailed in the financial matters section of office of the city clerk report CL-08-23 and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and
  
  Fund any Public Conduct Policy and Trespass By-law investigations through the Contingency Reserve (#111460).

4.6

Lobbyist registry development (CL-03-23)

• Repeal the Lobbyist Registration Corporate Policy upon the effective date of January 1, 2024 in the Lobbyist Registry By-law; and
  
  Approve the Lobbyist Registry By-law as attached in Appendix C to office of the city clerk report CL-03-23.

4.7

Procedure By-law Amendment – Deputy Mayor (CL-14-23)

• Enact a by-law to amend, By-law 31-2021 as amended as attached as Appendix A to office of the city clerk report CL-14-23 with respect to Deputy Mayor of Emergencies/ Ceremonial and Deputy Mayors with Portfolio; and
  
  Approve the Deputy Mayor Policy as attached as Appendix B to office of the city clerk report CL-14-23; and
  
  Direct the Director of Finance to incorporate Deputy Mayors with Portfolio role, into the Council Member Expense Guide.

4.8

Additional staff resource: Mayor’s Office – options and recommendations (CM-09-23)

• Direct the City Manager to implement the prior approved 2023 budget staffing resource in the amount of $107,486 to be included in the approved Regular Full Time (RFT) complement of the Mayor’s Office.

4.9

Motion memorandum regarding standing committee structure (CCSRA-04-23)

• Direct the City Clerk to review the current standing committee structure, with the intent to streamline the meeting cycle; and

  Prepare a recommendation in the form of a report, in advance of setting the annual calendar of committee meetings for 2024. (SD-29-23)

5.

Confidential Items and Closed Session:

Confidential reports may require a closed meeting in accordance with the Municipal Act, 2001. Meeting attendees may be required to leave during  the discussion.

• Proceed into closed session on June 26, 2023 at 11:30 a.m. in accordance with the following provision under the Municipal Act: 

  Pursuant to section 239(2)(e), litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board regarding items 5.4 and 5.5.

  and;

  Proceed into closed session on June 26, 2023 at 1:09 p.m. in accordance with the following provision under the Municipal Act: 

  Pursuant to section 239(2)(e), litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board regarding items 5.1 and 5.2; and

  Pursuant to section 239(2)(h), information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them, and Section 239(2)(k), a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board regarding item 5.6.

• Receive and file confidential legal services department report L-32-23, which is a companion to report CL-08-23 regarding the Public conduct policy and Trespass By-law, which will be considered at Corporate Services, Strategy, Risk & Accountability Committee on June 26, 2023

5.1

Confidential legal department update on a litigation matter regarding Nelson Aggregate (L-37-23)

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

5.2

Confidential legal department update on litigation matter regarding appeals to the passing of a Parkland Dedication By-law (L-38-23)

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

5.3

Confidential legal department report providing legal advice on Public Conduct Policy and Trespass By-Law (L-32-23)

Pursuant to Section 239(2)(f) of the Municipal Act, advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

5.4

Confidential legal department update on a litigation matter regarding 1989 Appleby Line (L-39-23)

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

5.5

Confidential legal department report providing the triannual litigation update (L-24-23)

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

5.6

Confidential Burlington Lands Partnership Update #4 (CM-07-23)

Pursuant to Section 239(2)(h), information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them, and Section 239(2)(k), a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

6.

Rise and Report from Closed Session:

• Receive and file confidential legal department report L-37-23 providing a legal update on a litigation matter regarding Nelson Aggregates.

• Receive and file matters 1 through 31, and 33 through 48, contained in legal department report L-24-23 providing the triannual litigation update.

• Receive and file confidential city manager's office report CM-07-23 regarding Burlington Lands Partnership Update #4, providing an update on a Lands Partnership Project.

7.

Procedural Motions:

8.

Information Items:

• Receive and file the following two items, having been given due consideration by the Corporate Services, Strategy, Risk and Accountability Committee.

8.1

Office of the City Clerk memo providing forecast of standing committee agendas (CSSRA-05-23)

8.2

Staff presentation regarding 2024 budget framework (F-23-23)

9.

Staff Remarks:

10.

Committee Remarks:

11.

Adjournment: