Corporate Services, Strategy, Risk and Accountability Committee Meeting

Minutes

Meeting #:
Date:
Time:
9:30 a.m. and 6:30 p.m. (if required)
Location:
Hybrid meeting- virtual and Council Chambers, City Hall
Members Present:
  • Kelvin Galbraith (Chair), 
  • Rory Nisan, 
  • Paul Sharman, 
  • Shawna Stolte, 
  • Angelo Bentivegna, 
  • and Mayor Marianne Meed Ward 
Member Regrets:
  • Lisa Kearns 
Staff Present:
  • Tim Commisso, 
  • Kevin Arjoon, 
  • Joan Ford, 
  • Emilie Cote, 
  • Scott Hamilton, 
  • Sheila Jones, 
  • Chad MacDonald, 
  • Heather MacDonald, 
  • Allan Magi, 
  • Karen Roche, 
  • Brynn Nheiley, 
  • Enrico Scalera, 
  • Craig Kummer, 
  • Blake Hurley, 
  • David Thompson (Audio/Video Specialist), 
  • Richard Bellemare (Audio/Video Specialist), 
  • and Lisa Palermo 

1.
Declarations of Interest:

 

None

2.
Delegation(s):

 

None

3.
Consent Items:

 

3.1
Appointment of Ombudsman (CL-15-23)

This item has attachments. 
1.Cl-15-23 Ombudsman Contract .pdf
  • Moved byCouncillor Sharman

    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.

    CARRIED

3.2
Corporate project status reporting – Feb, Mar, April, May 2023 (CM-06-23)

This item has attachments. 
1.CM-06-23 Corporate Project Status Reporting – Feb, Mar, April, May 2023.pdf
2.CM-06-23 Appendix A - Corporate Project Status Updates.pdf
  • Moved byCouncillor Sharman

    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.

    CARRIED

3.3
An integrated approach - enterprise business planning and portfolio management (CS-11-23)

This item has attachments. 
1.CS-11-23 An Integrated Approach - Enterprise Business Planning and Portfolio Management.pdf
  • Moved byCouncillor Sharman

    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.

    CARRIED

4.
Regular Items:

 

4.1
2022 post-election report (CL-07-23)

This item has attachments. 
1.CL-07-23 2022 Post-Election Report.pdf
2.CL-07-23 Appendix A - 2022 Post-election survey results summary.pdf
  • Moved byMayor Meed Ward

    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.  

    CARRIED

  • Amendment:

    Moved byMayor Meed Ward

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

    CARRIED

4.2
Government relations annual report - 2023 (CS-10-23)

This item has attachments. 
1.CS-10-23 Government Relations Annual Report - 2023.pdf
2.CS-10-23 Appendix A - Senior Government Funding.pdf
3.CS-10-23 Appendix B - Advocacy Issues.pdf
4.CS-10-23 Appendix C - Provincial and Federal Pre-Budget Submissions.pdf
5.CS-10-23 Appendix D - Conference Delegation Meetings.pdf
  • Moved byMayor Meed Ward

    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.

    CARRIED

  • Amendment:

    Moved byMayor Meed Ward

    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".

    CARRIED

4.3
Periodic report of the Integrity Commissioner (CL-16-23)

This item has attachments. 
1.CL-16-23 - Periodic Report - Integrity Commissioner .pdf
2.CL-16-23 Appendix A periodic report.pdf
  • Moved byCouncillor Sharman

    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.

    CARRIED

4.4
2024 budget framework (F-23-23)

This item has attachments. 
1.F-23-23 2024 Budget Framework.pdf
2.F-23-23 Appendix A Multi-yr Simulation.pdf
  • Moved byCouncillor Sharman

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

    CARRIED

4.5
Public Conduct Policy and Trespass By-law (CL-08-23)

This item has attachments. 
1.CL-08-23 Public Conduct Policy and Trespass By-law.pdf
2.CL-08-23 Appendix A - Zero Tolerance Policy PR-43-03.pdf
3.CL-08-23 Appendix B - Draft Public Conduct Policy.pdf
4.CL-08-23 Appendix C - Draft Trespass By-law.pdf
5.CL-08-23 Appendix D - Draft By-law to amend Rates and Fees By-law 83-2022.pdf
  • Moved byCouncillor Nisan

    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).

    CARRIED

4.6
Lobbyist registry development (CL-03-23)

This item has attachments. 
1.CL-03-23 Lobbyist Registry Development.pdf
2.CL-02-23 Appendix A Lobbyist registry review and public consultation findings.pdf
3.CL-02-23 App B Lobbyist Registry Corporate Policy.pdf
4.CL-03-23 App C Burlington lobbyist registry by-law.pdf
  • Moved byCouncillor Bentivegna

    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.

    CARRIED

4.7
Procedure By-law Amendment – Deputy Mayor (CL-14-23)

This item has attachments. 
1.CL-14-23 - Procedure By-law Amendment - Deputy Mayor .pdf
2.CL-14-23 - Appendix A by-law.pdf
3.CL-14-23 - Appendix B corporate policy.pdf
  • Moved byMayor Meed Ward

    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.

    CARRIED

4.8
Additional staff resource: Mayor’s Office – options and recommendations (CM-09-23)

This item has attachments. 
1.CM-09-23 Additional Resource in Mayors Office - Options and Recommendations.pdf
  • Moved byCouncillor Sharman

    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.

    CARRIED

4.9
Motion memorandum regarding standing committee structure (CCSRA-04-23)

This item has attachments. 
1.Motion Memo_Committee Structure.pdf
  • Moved byMayor Meed Ward

    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)

    CARRIED

5.
Confidential Items and Closed Session:

 
  • Moved byCouncillor Sharman

    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.

    CARRIED
  • Moved byCouncillor Sharman

    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

    CARRIED

5.1
Confidential legal department update on a litigation matter regarding Nelson Aggregate (L-37-23)

 

5.2
Confidential legal department update on litigation matter regarding appeals to the passing of a Parkland Dedication By-law (L-38-23)

 

5.3
Confidential legal department report providing legal advice on Public Conduct Policy and Trespass By-Law (L-32-23)

 

5.4
Confidential legal department update on a litigation matter regarding 1989 Appleby Line (L-39-23)

 

5.5
Confidential legal department report providing the triannual litigation update (L-24-23)

 

5.6
Confidential Burlington Lands Partnership Update #4 (CM-07-23)

 

6.
Rise and Report from Closed Session:

 

Committee reconvened into open session at 12:18 p.m. and 2:37 p.m.  

The committee provided instructions to legal department staff in closed session for the following 3 items:

  • Item 5.2 confidential legal department update on litigation matter regarding appeals to the passing of a Parkland Dedication By-law (L-38-23)
  • Item 5.4 confidential legal department update on a litigation matter regarding 1989 Appleby Line (L-39-23)
  • Item 5.5 matter 32 in confidential legal department report providing the triannual litigation update (L-24-23)
  • Moved byCouncillor Nisan

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

    CARRIED
  • Moved byCouncillor Bentivegna

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

    CARRIED
  • Moved byCouncillor Sharman

    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.

    CARRIED

7.
Procedural Motions:

 

None

8.
Information Items:

 
  • Moved byMayor Meed Ward

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

    CARRIED

9.
Staff Remarks:

 

10.
Committee Remarks:

 

11.
Adjournment:

 

10:49 a.m. (recessed), 10:59 a.m. (reconvened), 11:30 a.m. (closed), 12:18 p.m. (public), 12:19 p.m. (recessed), 1:05 p.m. (reconvened), 1:09 p.m. (closed), 2:35 p.m. (public)

Councillor Sharman arrived at 10:00 a.m.

Councillor Stolte left at 1:40 p.m.

Chair adjourned the meeting at 2:45 p.m.

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