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Committee Approves Infrastructure Project Reforms - 01 Oct 26
Hamilton · October 02, 2026
Sound check. 1 2 3
Good morning. As we have quorum present,
I'd like to call this meeting of audit,
finance, and administration committee to
order. Please remember that all
electronic device are to be switched to
a non-audible function during committee
meetings. online. We have councelor
Moren Wilson, councelor Clark, councelor
Kretch in uh council chambers, councelor
Wang, councelor Alex Wilson, and um
we'll move on. Approval of the agenda.
Move and second to approve the agenda as
presented. Councelor Wang, councelor
Alex Wilson. Any objections or anything?
Um if there are no objections,
consideration of item 8.5 AUD21004F
will be deferred after close session.
Anything
else? Not seeing anything. Uh, show of
hands, please. And that carries. Thank
you. Declarations of interest. Are there
any declarations of the committee
members?
Seeing none, we'll move on to the
adoption of minutes of the previous
meeting, 5.1 September 3rd, 2026, and
11.1 closed session minutes September
3rd, 2026. Mover and second to adopt the
open and closed minutes of the previous
meeting. Councelor Cretch, Councelor
Wang. Any discussion on the adoption?
Seeing none, show of hands and that
carries. Thank you. Moving on to
delegations. Members are reminded that
questions of the delegations are for
clarification purposes only and not for
debate. A note to our delegates, you
have 5 minutes to complete your
delegation. 6.1 Hafi Hussein respecting
Ontario Works value for money audit
eligibility verification against
assessment role impact and PL list
elections Ontario. This is a virtual
delegation. Mr. Shusin, whenever you're
ready, please begin. You have five
minutes.
>> All right. And I was just going to ask
the clerk if they could um share the
presentation.
>> Yep. We're going to do that now. There
we go. All
>> m Thank you. All right. Um good. Good
morning members of the AFNA committee.
Um, as this is the last AFNA committee
for this council term, I wanted to bring
a very important issue um to you in
regards to um something that may be
discussed in the next term of council is
the on the current Ontario works value
for money audit. Um this is new
information only that I've discovered
throughout um providing information to
the auditor general in regards to
eligibility and the scope of the audit
in it comes to eligibility as well as
the collection of overpayments. Um
throughout my research and discovery um
I've come across some eligibility
criteria in which um there's publicly
databases available that are available
to the city um that can continue to
confirm ongoing eligibility when it
comes to Ontario works. One of the
things that I discovered is the impact
assessment role. Um I did provide an
assessment role. There's a data sharing
agreement that the city clerk um um
office is aware of where EMPAC can um
provide the assessment role um for
property owners as well as um tenants um
in regards to eligibil um location of
residents and living in prior residents.
Um, this is important because this is
one form of way in which the city can
use a publicly available database in
which taxpayers pay for like based on my
research, it's 11 million that we pay
for EMPAC that we can access the
database to verify property owners when
it comes to leases as well as tenants um
or previous owners and addresses. Um, in
addition, the assessment role contains
school support. So if someone does
register their children for school in
the delegation package, there's an
there's a form called an application for
direction for schoolboard support in
which the school board will forwarded
that to EMPACT to update the assessment
role. In addition, when it comes to
eligibility verification tools that the
city does have in their toolbox, um I'm
not sure if the Municipal Elections Act
does allow the city to do this, but um
in my research, this is the first year
when it comes to the Municipal Elections
that Elections Ontario and not impact is
creating the election list for this
upcoming election. Um the preliminary
election list that um Elections Ontario
has delivered to the clerk's office and
um does contain some vital tools when it
comes to accuracy of information and
addresses. One of the checks is um
verifying Canadian citizenship,
verifying databases from the Ontario
driver's license database, the Ontario
photo ID card, as well as the impact
registry when it comes to school
support. Um, this is new, this is a new
tool that the city could look into when
it comes to eligibility verification and
ongoing eligibility verification when it
comes to Ontario Works recipients.
Um, if this if the clerk can go to the
second slide.
Thank you. All right. Another change
that recently happened when it comes to
Ontario Works, which was not shared from
staff to um committee or to council, was
that um the Ministry of Community and
Children's and Social Services recently
introduced a new policy effective August
13th when it comes to clarifying of who
qualifies for Ontario Works. Um, one of
the clarity and this became attention in
the media in August is that people
without authorization to remain in
Canada are not eligible um for Ontario
work subject to limited existing
exceptions. Um those include there was a
recent case where someone that had
temporary status and that was a visitor
was technically not eligible for Ontario
Works but yet they were still um the um
social benefits tribunal ruled in that
favor that they continued because the
regulation was not cleared. Um so
effective August 13th, 2026, this
regulation was cleared. And so that um
one thing that I am concerned about is
that given the city previously had a
sanctuary city policy in 2014, there
could have been recipients that
technically were either visitors to the
country um or not eligible for Ontario
Works due to their um authorization to
remain in Canada could have received
benefits and that would have resulted in
an overpayment. Um, so I'm asking the
city auditor general to see if they can
look into this as part of the scope of
the current Ontario works value for
money audit. Next slide.
So in addition to that there's um in the
delegation package and as I obtained the
policy from another municipality um
there is processes is in place for the
city to implement this new rule as well
as exceptions when it comes to asylum
claimments as well as humanitarian
compassionate um applications that are
being currently pending. So, uh, the
packages in there and hopefully staff
have implemented and that the auditor
general does check that we are only
paying Ontario works to, um,
um, those that do have status and those
that are, um, currently, um, in the
country legally. Um, next slide. Um, the
last thing I wanted to bring up to
council as well as
>> if you can just if you can just wrap up,
your five minutes are concluded, so if
you can just close us off, please. Yep,
for sure. So, the last thing I wanted to
close off with you is in my package, um,
one of the recommendations from the
overpayment report was that staff would
notify the Ministry of Community and
Social Services to the acceleration
collection of inactive overpayments.
That report, that decision was done July
9th. It was ratified by council July
15th. However, staff did not send the
letter to the ministry until September
8th. My issue is that this is $58.3
million on the table. Why did it take
two months to send a letter to the
ministry ask asking to them to start
accelerating the collection of overp
payments um when the city
>> are we good at fees?
>> Um I just want to finish with one last
point. We have $ 58.3 million collected
that I reported since April 2026. it if
I if if if it if why did it take two
months to send a letter to the province
when this this city continues to
advocate the province to start funding
other programs. Let's make an effort to
start collecting this money first before
we can allocate it to areas that need it
the most. Thank you.
>> Thank you. I'm just going to ask the
clerk to take the presentation down so I
can see if there's any questions from
members online.
I don't have anyone on the speakers
list. Um so we'll move on to 6.2 and
then we will receive both delegations at
the end. So 6.2 is uh Hafi again
respecting provincial offenses
administration POA collecting the
overdue amount using Ontario photo ID
cards data.
>> Y please go ahead.
>> Yep. Um so just wanted to bring this up
into the attention in regards to the $68
million that was currently reported in
this um count report prior was that um
the city doesn't currently have access
to the Ontario photo ID card database
similar to the MTO driver's license
database. And I found this quite
shocking because I discovered this as
part of the Ontario Works eligibility um
where um if there's a bylaw or a PA
offense ticket that's issued to someone
that doesn't drive um we don't have
access to a database where we can locate
them when it comes to moving to a new
address. Um the city subscribes to a
program called the MTO RS program. And
so one of the things that could that the
city could do when it comes to
collections is to advocate from the
province and the MTO and the Ministry of
Attorney General to open the database so
that both the Ontario photo ID card as
well as the Ontario driver's license
which are both administered by the
Ministry of Transportation are available
for access to the city so that they can
locate individuals when it comes to
overpayments and collections. um this
will benefit the city when it comes to
um trying to collect the $68 million um
that was reported as of December 2026.
Um in addition, it's a new tool um when
it comes to collections because
provincial offenses fines um as well as
the administrative penalty system fines
are the few revenue tools that the
municipality has when it comes to
collections um that are not related to
the property tax. Um as as I know um the
more collections when it comes to POA
fines helps reduce the overall tax role.
Um in my deputation as well I did put a
package in there that I am also
concerned on the security of the Ontario
photo ID card um because there is a
current loophole available for
individuals that are visitors to the
country or those that don't have legal
status to obtain an Ontario photo ID
card. And we used and the pro and the
province currently updated the
regulation bill 60 to allow um that they
have to present legal documents at
service Ontario to obtain this card. But
we do rely on the photo ID card a lot
when it comes to proof of residency or
proof of accessing city services as well
as in the election as well when it comes
to proof of ID for voting. Um so I just
wanted to conclude that um if the um if
a recommendation or this can be looked
into from the POA department or to the
finance team um that the city can have
access to the Ontario photocard
database. So that will be another tool
available in its toolkit when it comes
to collections. Thank you.
>> Thank you Hi. Uh any questions for the
delegation?
Okay, seeing none, uh, mover and second
to receive the delegations. Councelor
Wang, Councelor Cooper. Uh, show of
hands, please. And that carries. Thank
you. Uh, welcome to Councelor Tatison
and Councelor Cooper as well. We're
moving into items for information. Uh,
move her and second to receive the items
for information.
Councelor Wang, Councelor Alex Wilson.
Um, couple things here. We're going to
go through them all as a group and then
receive them at the end. Um there's a
lot of reports here that you're seeing
we're playing catch up with. I wanted to
give the director of procurement an
opportunity to explain why these are
here. Director
>> through the chair Tina, director of
procurement. Um item 7.1
today is a report on the fourth quarter
2023 to the second quarter of 2025 for
emergency and non-competitive
procurements. Um procurement is required
to bring forward three quarterly reports
to committee for information um that
being this report uh as well as
information with respect to requests for
tenders and proposals as well as
non-compliancies with procurement
policy. Um this report in uh in front of
you today is a catchup from uh the cyber
incident that occurred in 2024. Staff
continue to compile this information.
This particular report is there's a lot
of information in here and it took some
time to compile. Um previously in the
committee cycle uh staff brought forward
a similar report with respect to the
request for tenders and proposals and
non-compliancies. Um but this one remain
outstanding. So today we're bringing you
this information to you. Um as well
you'll see items 7.2 2 and 7.3
um carry forward on on this time period
from uh third quarter of 2025 and fourth
quarter 2025 for tenders and proposals
and non-compliance. So we're doing a
catch up with respect to um the cyber
incident. Thank you.
>> Thank you, director. And just to note
committee members, if uh there is a
confidential appendix to 7.1, so if we
would like to go into um close session
to review that, we can defer that item.
So 7.15C
FCS26010.
Uh Councelor Clark, please go ahead.
I can't turn on your mic from here, sir.
Yeah, just had just had to find it.
>> Can you hear me now though?
>> Yes.
>> Um, just a general question to
procurement.
How do we train staff on our
procurement, not the staff that are in
the procurement office,
but staff in general across the city who
who can spend money? How do we train
them on our procurement policies so that
we don't have some of the issues that
are popping up today in several
different reports?
>> We're going to go to the director of
procurement
>> through the chair. There's a number of
mechanisms that procurement staff use to
do outreach with our departments. Um,
first off is that we have an educational
component in the LMS for all city staff
that goes through the procurement policy
uh and in particular walks individuals
through how to procure and follow the
policy. We also uh conduct what we call
procurement 101s. So procurement staff
go out to the client departments and
particularly when they have new staffs
sometimes we have meetings with uh DTS
or managers to go through the
procurement policy and answer any
questions. Um in addition to that when
we see that unfortunately if there are
any policy 19 or any issues that need to
be addressed uh we would reach out to
the client department particularly and
possibly have a meeting again with staff
to go over if there's any questions and
then uh yeah there was one more fourth
one but I forget now so um my apologies
um but at any time staff are always
available to reach out to the client
departments and go through the policy
and answer any questions.
>> Councelor Clark,
>> so the process is actually both
proactive and reactive. So you provide
training in advance and then when things
pop up, you reinforce that training. Is
that a fair way of putting it, director?
>> Through the chair. Yes, that's correct.
>> Okay, chair. Thank you very much,
director.
>> Thank you. Any other questions on 7.1?
Okay, seeing none, we'll go to 7.2
FCS26012,
request for tenders and request for
proposals, July 25th to December 25th.
Any questions?
7.3 FCS26013,
the non-compliance with the procurement
policy July 1st, 2025 to December 31st,
2025.
7 Oh, sorry.
I'm a little bit too fast there.
Councelor Moren Wilson, this 7.3.
>> Thank you, Chair. My apologies. Um, mine
is actually
uh a general question in relation to all
the uh item uh 71, two, and three. If I
may ask it um with your permission.
Okay, go ahead. Um, so I I'm wondering I
when I when I read the reports, thank
you for their preparation and um
I I think it would be I'm assuming that
the definitions uh of what qualifies for
what have have not changed and if they
would change uh that policy change would
have to come before council. Has there
been a notable change in in the policies
uh this term through the chair?
>> Yes, director.
>> Through the chair. Um the only change
that has been notable is in the policy
10 and 11 procedure and that was um
mainly to deal there was a change with
respect to cyber and trying to um do
more expeditious procurements if you
will. Um there was also some changes
that respected the US tariff and
implications we put in play on
procurement um preferring Canadian and
non US suppliers. Um but further to that
there were no other changes and any of
those changes would have come to the
procurement advisory committee and or
the committee and council.
>> Okay. Thank you. And I noticed in a few
of the reports there there is um a
monetary uh amount um tethered to each
of each of the uh types of uh
exceptional procurements. I I'm
wondering would it be possible on a go
forward basis to do two things in the
report mechanisms? One is to put those
um monetary amounts and the categories
perhaps in in a table. um so it could be
maybe more easily um
uh adjusted. And then secondly, is it at
all possible uh for us to um annualize
uh these o over time? So perhaps um
whomever is the elected council would be
able to see if there are any um uh
patterns uh that should that may be
noteworthy and and then maybe have
questions of well why we we've noticed
an acute increase in this uh why might
that be the case? Is there an an ability
to do something like that through the
chair
>> director? through the chair. Um with
respect to the first request, um if I
could so ask if we could take that away
and I'd love to see what we can present.
Um the second one, um we are starting to
calculate more KPIs and I think with
respect to um the there are there is
some KPIs in which one is this
non-compliance in the non-compliance
report. Um there is a chart with respect
to
Appendix C, report FCS26013
with some um historical information. Um
we'll take a look at the reports and see
if there's other information that we
could possibly present in these reports
if they're not there already to give um
committee and council an idea of the
patterns and if there's any issues,
additional issues.
>> Councelor,
>> thank you. um through the chair if those
patterns could possibly um be
illustrated in either um in a graphic
form. Um and that would be helpful. If
if we're seeing a repeat of activity
perhaps in one division, one exercise
that might assist
um council and the public in
understanding the stresses and strains.
it could be maybe um easier for us to
see where there may be uh staffing
shortages or challenges or any kind of
thing like that. I I would appreciate uh
more of a longitudinal uh view of of of
this activity per each exercise. Thank
you for your time.
>> Thank you, counselor.
Um 7.4 4 FCS 26068 W specific funding
initiatives update December 31st 2025.
Any questions?
7.5 FCS26070
2025 development charges agreements
executed under the development charges
act 1997.
Any questions? Councelor Wang, please go
ahead.
Thank you. That I just when I'm reading
this, I just feel like it's a necessary
component of us receiving that
development charges reduction program.
Is that just correct? I just wanted a
yes or no or is that on the next one?
>> Um yes. So through the chair Brian
McMullen, acting director of financial
planning administration and policy.
Yeah, this report um is related to um an
annual report that we're going to that
we started doing that we uh that was
required by committee um to just give an
update on the agreements that have been
executed under the DC act. Um there is a
subsequent report coming up about
changes to the DC bylaw.
>> I might have been a little fast on that
one. Thank you.
>> Thank you. Any other questions?
>> Seeing none, I need a show of hands,
please, to receive the information.
And that carries. Thank you. Moving on
to items for consideration. 8.1 FCS26074
development charges bylaw amendment to
enable a development charges reductions
program agreement.
Moving mover to approve
>> mover and seconder to approve the
recommendations in the report. Please
councelor Wang. Councelor Clark.
Councelor Clark. Uh go ahead please.
So, I have a couple of questions uh of
staff and the report is prompting them.
So, I'm hoping that you'll give me the
latitude. So, I understand the program
that the feds in the province have ruled
out. I understand that a little over
$500 million
and that development charges are to be
waved um for three years.
I'm trying to understand how we
reconcile that.
For example,
if we have 3,000 houses built or units
built in a year and you calculate the
math out and you did that for 3 years,
we may exceed the $556
million worth of funding. So, how do we
protect the taxpayers
at the long end of this project to
ensure that
property taxpayers are not picking up
that money, those debts from the
development charge agreement if it is a
overwhelming success?
>> Does that make sense, chair?
>> Uh, I it doesn't make sense to me. I
wasn't listening to you. I apologize,
but the city manager was listening to
you. So, uh, city manager, uh, acting
city manager Zaric and GMO all that
other stuff. Go ahead.
>> You slay me.
>> Interm city manager and general manager
of finance corporate services. Uh with
respect to uh the development charge
exemptions,
uh staff approached the
uh ability to offset the grant to
support the 100% development charge
exemptions exclusive of the municipal
contribution.
uh with looking at the development
forecast for the next 3 years and
finance working in collaboration with
planning staff have developed the those
forecasts and they've normalized it to
single detached equivalent units. Um
based on those forecasts, uh staff have
assessed that the funding that would be
required to support the exemption would
be about $562 million. The city has the
commitment to the city is uh 5 about
$572
million. The city's been invited to
submit one additional project. So that
additional $10 million would provide uh
some buffer with respect to the staff's
uh assumptions. In addition, committee
will know that uh the city funds
statutory and discretionary exemptions
uh and subject to uh details through the
transfer payment agreement and and I
apologize. I'll just uh identify the
transfer payment agreements are still
forthcoming. We're expecting to receive
those uh in uh October uh into November,
but subject to the language transfer
payment agreements is the continuation
of that practice of funding
discretionary statutory exemptions would
probably provide some additional buffer.
Um, and then I will invite through the
chair. I'll invite uh Supervisor Gillies
if I've missed any points that
uh it seems like I haven't. So, if the
council has any follow-up questions,
happy to to address.
>> Councelor Clark,
>> the transfer agreement, will that
document be public?
>> City manager
>> through the chair. Uh, I would expect it
would be a public document. Uh and uh
again, we're still awaiting and and not
just city of Hamilton. Um all
municipalities in the province of
Ontario are still awaiting the transfer
payment agreements. I believe while the
province and federal government and city
of Toronto uh entered into the
commitment back in May, my understanding
is city of Toronto is still awaiting the
transfer payment agreement as well.
Um, thank you.
In the calculations that your staff have
done, how many units are you
reporting would be constructed in any
single year for the three years? So,
what's the average that you're looking
at? How many units
>> through the chair? I'm going to uh if if
I can just have a minute to pull up some
information here. If the if the council
has a additional question, happy to try
to answer that while we just pull up
that information.
>> Yeah, I I'm just I'm truly I I
understand the calculations. I am
concerned because I'm seeing other
municipalities are putting some
limitations in place to protect those
municipalities.
And what we seem to be doing without
seeing the calculations
is well based on the average home will
be this. This is how many units will go
out the door and we'll be well within
the the 562 million. But what happens if
we have a we end up having 3,000 or
3,500 units constructed in a year? That
would throw that math off completely.
And the municipality would be caught in
that third year having to pay out of
pocket
for a grant that the feds and the
province promised.
through the chair. I appreciate uh the
the opportunity to uh to provide the
information requested for the and and
these are cover uh periods March to
March. So for March of 2026 to March of
2027,
uh staff are projecting approximately
uh 1365
single detached equivalent units. And so
this is converting the form of
development whether it's a single
detached unit, a single detached
dwelling, a home uh versus a semi versus
a condo apartment, they're all
normalized into single detached
equivalent units. So again for 2026 27
uh 1365
for 2027 to 28 1843
and for 2029 to 20 2028 to 2029
uh 2488.
So you see that upward trajectory in
terms of the forecast with respect to if
uh the development activity were to
exceed these forecasts. Uh as as
identified previously, there is about a
$10 million buffer in terms of the
commitment relative to the forecast cost
based on these projections and as well
uh a buffer as it relates to our
budgeting practice for funding statutory
and discretionary development charge
exemptions. But again, if the forecasts
are uh would would be conservative
relative to our actual experience, we
would report back to council with
respect to what those mitigation
measures may be.
>> Councelor,
>> we would final question. I have other
people on the speaker's list. Thank you.
>> Thank you.
I I I guess I'm wanting a little bit
more than
if it happens, we'll we'll develop
mitigations. I'm wanting to ensure that
the municipality, the property taxpayers
are protected
against
um unforeseen expenses with regards to
this program simply based on the market
exploding and all of a sudden developers
realize that they get 100 grand off a
home and we hit what our normal targets
are about 2500 units a year. that's
going to max out that dollar value very
quickly and leave us hanging. And so I'd
like to see the transfer agreement to
see what's in it to protect the
municipality from that happening. Thank
you.
>> Thank you, councelor. Councelor Wang,
>> thank you. Um,
I'm thankful for councelor Clark asking
some of the questions, but I think I
wanted to understand how are we putting
any of the guard rails or how are we
doing the checks with um checks and
balances with the developers that will
be taking advantage of this program
because part of the value proposition
was to say that that would be 100k off
off of the price. Um, so how does that
get transferred to a potential new home
owner? Do we do that kind of a check and
balance? Is that something we can track
that that way we can definitively say
that this program has um actually done
what it was intended to do which was
bring down the price of building
potentially bring down the price of
purchase that sort of thing. City
Manager,
>> through the chair, uh staff have uh
through previous reporting have
expressed the expectation that these
benefits will flow to uh home producers
and as well to um to renters of
properties.
uh we've had conversations with uh
industry stakeholders with respect to a
disclosure, some form of disclosure
similar to what the federal government
requires as it relates to the HST
rebate. We've also had a conversation
with our provincial uh colleagues in
looking at one disclosure across the
province. Our hope is that that each
municipality doesn't not have to develop
its own disclosure form and working with
the industry that the province may
consider a common disclosure form
similar to what the federal government
has rolled out as it relates to HSD
rebate that all developers use. Uh so uh
that's our interest but subject to again
still awaiting the transfer payment
agreement and whether or not the
province will introduce uh a disclosure
requirement and a form in the transfer
payment agreement or whether or not
municipalities will be left to our own
accord and potentially work with one
another for a common disclosure uh
agreement. recognizing that it should
not change from one jurisdiction to
another.
>> Council sir,
>> okay, thank you for that.
>> I'll want to try and unpack that later
on. So, I'll
look at that later. I have a question
around um future DC indexing. So, in the
report, it says that um council can
direct staff to provide an analysis on
temporary exemptions to non-residential
development similar to the 4%. I don't
understand. Can you can somebody just
break that down for me, please?
>> Do the chair. Uh I'll start and then if
I miss any points, I'll invite staff to
expand this. uh the requirement under
development charge reduction effectively
freezes the development charge rates
back to March of 2026 which will result
in the city foregoing uh the opportunity
for indexing DC's as it relates to
residential developments what the report
is speaking to it does not the program
does not address non-residential so the
municipality will still have the ability
to index development charges for
non-residential developments in the
future.
>> So,
that's good to know. Um, so what happens
in 2029 for the residential DC indexing?
Does that mean that at some point if
we're assuming that it's going to be a
4% year-over-year year over year? That's
at 2029. It'll be a residential
developers might get hit with a 12%
inflation DC index. Is that what that
means?
through the chair. I'll start uh again
and I'll continue to invite staff. Uh I
don't believe that municipalities have
the authority to go back
>> and recover uh the opportunity around
DCA indexing. So when this program comes
to an end is I would assume then the
city would uh continue to have the
authorities it has under the development
charge act.
I think I'm I'm think I'm worried about
the sticker shock at the end of 2029 and
I'm not really sure how best to address
that today other than us flagging it
that this might be a issue in 2029 for
residential developers. Um because if
they're going from a three-year freeze
to all of a sudden a fairly large
potentially a fairly large index
um that might cause a significant drop
and I'm just worried about that up and
down sort of um challenge and then again
getting us back to the reputational harm
of Hamilton being harder to work with
and blah blah blah blah blah. So I I
guess I'm just really worried about this
whole sticker shock at the end of 2029.
I'm not sure how to how best to ask
staff to answer that question or is if
that's a consideration at all for the
future. Thank you.
>> Thank you councelor. It's going to be I
think a tough one for staff to sort of
give any
>> so answer to
>> through the chair. Uh I would say uh the
experience in 2029 in Hamilton will not
um necessarily be different u for
relative to other municipalities who
have chosen to participate in the
program. Uh the program is intended to
incentivize developments in the next
three years. So that is the intent of
the program and to to get developers uh
to develop and build. Uh in terms of the
just recognizing the city does have
development charge exemptions uh both
statutory and discretionary and it was
uh I believe just uh the last cycle we
identified for 2025 that amounted to
approximately $78 million both tax and
water supported. Uh so those would we
would expect will continue to be
available in 2029. uh but with respect
to this program the intent is for this
program is to accelerate and incentivize
for three years but not beyond 3 years.
So this is a limited window of
opportunity and uh again staff are not
considering uh the potential of
extending this beyond principally
because the provincial federal
commitments are exhausted at the end of
2029 and we also recognize the city has
already a number of um statutory and
discretionary exemptions in place.
>> Thank you counselor. Um, I don't see
anyone else on the speakers list. My
only question to the city managers, I'm
assuming through the agreement, we will
find out
how the applications will work. If
they're uh building permits need to be
in before that third year's up, how are
we going to know? They have three years.
So, if they submit a building permit a
week before the deadline in 2029, I'm
assuming it captures it, but their
building permit might not be approved
yet. I'm assuming all these small
details will come through the transfer
agreements that we're waiting on
>> through the chair. Uh
more so in terms of the municipal
municipalities practice around first
permit and uh for illustrative purposes,
we've included a few of those examples
in this report as well. We've been uh
actively engaged with West End
Homebuilders Association and continue to
have conversations and opportunities for
education sessions. Uh I believe I I
have one uh or staff have one later this
week and then an invitation to present a
front of the industry in November. So we
would share with them uh the mechanics
of the program and uh just as it relates
to first permit. What does first permit
represent? Recognizing there's a number
of scenarios.
>> Thank you, Councelor Clark. Second time.
>> Thank you, Chair. I I'd like to add a
little bit to what councelor Wang was
asking because I think she is on a point
that is something that we need to
consider. So, at the conclusion of this
program,
if nothing else changes to what we have
today,
three years in 2029,
there will be a $100,000
bump in development charges on a single
family home cuz it's turned off for 3
years and then it's going to be turned
on.
And as I understand it, there has been
no discussions with the federal or
provincial government in terms of how we
would handle that. Or would there be a
weaning off of the development charge
program? For example, the development
charges go up $25,000 in 2030 or the and
then in in 2031 another 25,ou I don't
know. But what I do know is we are
setting ourselves up for a
really difficult period
moving from 2029 to 2030. If we do not
know what's going to happen to the
developing charge program and if it's
just a matter of okay, the switch is now
off, all the houses have to pay another
$100,000
that's going to be a problem. So how do
we raise that with the senior levels of
government in terms of uh working on
some kind of very clear
process that we will
um basically be weaning off of the DC
credit program that the feds and the
province have put in place.
>> City manager.
>> Yeah. Through the chair. Um the
councelor has described the program
accurately is that uh March of 2029 the
program comes to an end and then the
city would have the authority to proceed
with collecting development charges. Uh
it wouldn't be an increase. It would be
just reinstating the development
charges. Uh with respect to the program,
the program does not uh it it does not
include a phase out of the development
charge exemption.
uh what the municipality would have the
uh authority to consider at the time is
whether or not to continue to have some
measures such as the 20%
uh temporary um discount. However, that
would not be cost shared with senior
levels of government. We're we're happy
as staff to take this back in terms of a
a issue or concern with respect to the
end of March. uh but as we understand
the program there is no phase out of the
program and at uh in March uh at the end
of March of 2029 the city would then
proceed with continuing to collect
development charges as it did prior to
March of 2026.
>> Thank you. I think it's important that
we be very clear with the public in
terms of what this program does and what
it will not be doing and it's going to
be a big challenge for the
municipalities in 2030 because they're
going to be pushed to maintain this
discount when we don't have the fiscal
reality to do that. Thank you.
>> Thank you, councelor. Uh we've exhausted
our speakers list. Oh, councelor Wang,
sorry. Go ahead.
So, if I heard city manager correctly
then that um you're asking for direction
for staff to go back and take a look at
what does that March 2029 and beyond
look like. Is that do you require like
some direction in that
>> through the chair? uh I I don't know
that that direction is ne necessary
today through subsequent reporting is
and as as the municipality approaches
towards the end of the term of this
contract is we could provide updates to
council as it relates to what it
achieved uh in terms of development
activity and I would expect the industry
would likely as well be presenting to
council in terms of the state of the
industry and whether or not uh any
further consideration for exemptions or
discounts would be necessary but uh I'm
not sure that uh that direction is
necessary today nor 3 years from from
that point in time I'm not sure what
staff would present not knowing uh what
lies ahead in terms of uh the potential
recovery of that industry in the next
three years. So, is there an opportunity
because we don't have the transfer
payment um documents yet, is there an
opportunity even just flag this um for
all parties and just to say maybe
there's something to
almost like a offramp or something um
because we don't have the transfer
payment agreements today. Um is that
something that we can bring up
>> through the chair? uh when staff have
the opportunity to review the transfer
payment agreements if we see any
opportunities uh as it relates to
today's conversations, we can flag those
with the provincial government and
report back to council in terms of the
outcome of of those conversations. The
challenge staff have is the province has
set very clear expectations that once
those transfer payments are available
that they get executed and that the
municipalities roll out uh the program
and hence our challenge and why the
report is before you as as we've been
provided guidance to seek the delegated
authority to execute those transfer
payment agreements in light of the
upcoming municipal elections and the
potential gap between um the timing of
the transfer payment agreements relative
to um inaugurations and the start of the
new council cycle.
>> Okay, last question for you, chair, is a
question around policies and procedures
because we have this three-year freeze.
Um we're not we don't um do the indexing
on a year-over-year basis. Um sometimes
we do open up the DC bylaw again to look
at exemptions and all of that stuff. So
all of that kind of pauses for all three
years only as it relates to residential
development. Is that right?
>> Through through the chair. Yes. Uh
exclusive of any legislative changes.
We've experienced some extraordinary
legislative changes around planning and
around development charges. So exclusive
of any legislative changes that may
occur over the next three years.
>> Okay. Thank you. Thank you.
>> Thank you, councelor. Councelor Moren
Wilson.
Thank you, chair. Um, well, I appreciate
that this is an AFNA committee. I'm
wondering if it is possible for me to
ask
um uh what is what will be or what is
the role corporately of of say the
housing secretariat in assessing the
impact of um both uh policy changes
um and these kind of exemptions on the
kind of housing stock that may or may
not materialize and how that aligns with
with need. Like where and how is that
being done as part of our um evaluation
and uh
uh to help the community and certainly
council understand impacts.
>> Who would like to take that
>> to the chair? I'm happy to start and
then I'll invite general manager Mater
to join in. I think the opportunity is
to share information with the housing
secretariat. One example would be uh
while affordable housing is development
charge exempt, market rated housing is
not development charge exempt and the
sharing of information may uh assist
housing secretariat to assess the
feasibility of performance for
developments that include a mix of
affordable housing, market rated housing
and whether or not the development
charge exemption allowed that
development to proceed because a
proforma was now in a state that made
financial sense for the developer to
proceed. So I see that as one example of
sharing of information that may help
inform housing secretaria to better
understand the conditions that are
necessary to achieve the city's overall
housing objectives and as it relates to
affordable and uh market rated housing.
GM Mater
>> uh through the chair, general manager
Grace Mater um healthy and safe
communities um through the chair to the
councelor um as the city manager has
mentioned that uh the housing
secretariat has been deeply involved in
this every step of the way um even
through the application process of that
and the housing secretariat's work is in
conjunction with our planning staff um
all the way along. They're part of that
um oversight group. Um, so I think that
we can rest assured that uh there will
be a a high level of involvement and
commitment from the housing secretariat
staff every step of the way.
>> Councelor Wilson,
>> if we are correct in stating that the
housing crisis is both um a problem of
supply and demand.
supply being uh stock and inventory
and demand being the capacity of
individuals to actually afford
um market housing. I I just would be
interested in understanding better and I
don't think today is the opportunity but
I would like to flag it of
uh the kind of market housing that could
be uh developed in this swirling
environment of of DC exemptions and DT
DC uh relaxation over the next three
years. is that which is being built
actually um fulfilling the demand needs
and the capacity of of individuals to
secure that in in the in for example the
market uh the private market space. So I
I think that is worthy of certainly in
my opinion a very close intersectional
analysis at the senior level um with uh
certainly the housing secretariat
involved. Thank you.
>> Thank you counselor. Seeing no further
speakers, uh, this is an electronic
vote, so Oh, look at that. The vote is
up.
The robots were warmed up this morning.
Councelor Wilson,
Moren Wilson, sorry. There we go.
Just calculating
and that carries 8 to zero. Thank you.
8.1A is correspondence. Mover and second
to receive the correspondence on this
item. Councelor Wang, I'll second it.
Uh, show of hands, please.
And that carries. Thank you. 8.2 2
FCS26075
records retention bylaw review and
update mover and second to approve the
recommendations in this report.
Councelor Wang, Councelor Tison,
thank you. Any questions for staff on
this report?
Councelor Wang, go ahead.
>> Thank you for this report. I'm glad that
it's here. Um, how does it work with my
previous motion about data minimization?
Because it was specifically asking for
things like looking at length of time of
how long we would have different record
retention aspects because I do see that
it's a very generalized report. It
doesn't necessarily speak to um any of
the the other parts that I was asking
for in that data minimization motion
from a year ago or so.
>> Clerk Treadum.
>> Yeah, thank you. through you chair. Um
they they are different reports. Uh so
we will still get back with regards to
the data minimization. This is much more
about the legal responsibility for
overall retention and eventual
disposition of formal city records. Uh
whereas the data minimization piece
speaks a little bit more to
accessibility of information that's
retained available through the website
or otherwise.
>> Okay. Councelor,
>> how do we ensure that we're actually
deleting all the things that we're
supposed to delete? Because uh as people
know when it's in the digital
multiverse, it's there forever.
So through you chair, it's an excellent
question. Um this is the result of uh
about a year's worth of reach out and
work with the various departments.
disposition is eventually a uh
operational responsibility of the
department's program areas and services
and actually use this as an opportunity
to highlight our record staff that are
sitting here at the end of the row just
behind me and thank them for uh some
very hard work reaching out. Part of
that work is highlighting that
responsibility for the departments and
once we have a new retention bylaw over
the next year it'll be an additional set
of reach out confirming their
responsibility any changes to their
bylaw and offering additional training
and how to manage that information.
>> Okay. Thank you. I uh I have a great
deal of respect for Lisa and her team. I
think that records is such a crucial
part of any type of organization. So I
think that for me I would like to
understand better how the training
aspect of it is because sometimes we get
into bad habits. Things get saved
locally onto a computer. They might go
onto a server or a jump drive or
something like that. Um so I wonder what
is that training aspect to actually get
staff up to that sort of gold standard
in terms of record good records in
delete records out blah blah blah blah
blah.
>> It's an excellent question chair. Uh,
one of the updates that we've made this
year is increases to our information
management page on the internet site.
Uh, providing more resources for staff.
Again, I say it's an operational duty.
It is the responsibility of each
department to follow through with this.
So, for training, we really do focus on
ensuring they understand that. Now, from
a paper perspective, I think as a city,
we've been fairly good at this. We have
off-site storage. We manage it. We
retain it. We have annual notifications
and confirmations from the various
departments to ensure disposition
occurs. It's a little different with uh
electronic holdings and uh we are
working with uh IT as well as our team
taking on the responsibility of uh
addressing the need for EDRMS or
electronic document uh management
systems and how to make that
corporatewide. That's the focus of
probably the next couple of years for
our team is is working with uh IT
working with the departments to help
them find solutions to manage that
problem.
>> Okay. And then part of that is how does
it fit with our open data policy?
>> Uh so that's a great question. So open
data uh again a little bit different. Uh
it's information that has been
determined to be accessible, published
uh available to the public. Uh so it
doesn't necessarily impact it. that
information would stay on the website
and I I think starts to bleed into your
other question around the idea of uh the
data minimization and how are we you
know dealing with accessibility of
information of public records uh and uh
what is you know how does retention sort
of apply to that it there's a bit of a
difference between the two um but
they're somewhat connected
>> okay thank you those are my questions
>> thank you councelor councelor clerk
>> thank you chair And and thank you to the
record staff. They they do an awesome
job, chair. Anytime you can't find a
record yourself, you can reach out to
them and and it's amazing how they can
find records in the past. So my
compliments to the team. Just want to
put an ore in the water if I may with
the city clerk. I understand this is
about records retention
and creating a system so that basically
we are we're archiving everything.
Um but the archive is only helpful if
the public has access to the archive.
And so I'd like to at some point address
the issue of ease of access to records
that are being stored
um for the public use. And I'm not sure
exactly when we would have that
discussion or whether or not we need to
make that a direction to the clerk and
staff to have that discussion. Sorry,
chair for the incillary.
>> Clerum.
>> Yeah, through you chair. Uh it's an
excellent question. uh and again I would
say a focus of of the next couple of
years for our team and and the
organization as a whole. It's a
balancing act of a number of different
requirements both how do we make
information available transparent and
accessible. Um accessibility is a big
piece with the requirements under the
accessibility for Ontarians with
disabilities act. You can't just put a
PDF up on a website. uh you have to
ensure that the documents are accessible
and we we have a a number of different
requirements that we have to look at to
ensure that when we do make information
available it it is available in the best
way possible. So we are this is a
priority. I don't think we require
direction uh from council to continue
pursuing that. Again I get back to these
holdings technically are in the
possession of the department. So it's
working with program areas to provide
them with assistance solution file plans
um and then working with it to to come
up with solutions that that work best
for everybody.
>> Uh just a a supplementary. So, if I
recall correctly,
um the FOI department was already
working with our different departments
across the city to educate them and
train them on what records are routine
should be routinely accessible. Is that
work still going on?
>> So, through your chair, that's an
ongoing process. So as we receive FOI
requests, uh there's always an education
component that sometimes comes with
that. Uh whether it is we're receiving
requests for this type of record more
often. Is there a way that we can
identify this as routine disclosure or
active dissemination where we're trying
to just have it, you know, put out
there. There are some reasons why that
can't happen. Perhaps there's personal
information or exemptions that might
apply that would require it to go
through an FOI process, but wherever
possible, we do look to identify those
records in cooperation with staff.
>> Okay. Thank you very much. I appreciate
that, city clerk. Much appreciated.
>> Thank you, councelor. Uh, no further
speakers. We'll go to the electronic
vote. Vote is up.
Thumbs up from councelor Moren Wilson.
That carries 8 to zero. Thank you. 8.3
FCS26077
appointment of deputy clerks for the
purpose of commissioning of documents.
Mover and second to approve the
recommendations in the report.
Councelor Wang, is anyone else going to
put up their hand today? Councelor Alex
Wilson.
Any questions on the report?
Seeing none, we'll go to the vote.
That carries 8 to zero. 8.4. Another
opportunity for other people to move in
second.
LS26017
transfer of the adjudication process of
the administrative penalty system
program. Looking for a possible new
mover and seconder. Council Moren
Wilson. Oh, yay. Councelor Tison. Thank
you. Oh, look at that. Any questions on
the recommendations in the report?
Seeing none, we'll go to the vote.
Vote is up.
That carries 8 to zero. Thank you to the
mover and seconder.
8.6 AUD26008
South Coat Road Capital Project Audit
Contract C15-19-22
HSW fraud and waste number 80828
W 12 and citywide.
First off, I'd like to ask for a motion
to extend the presentation time
um for an additional 10 minutes. I need
a mover and a seconder, please.
Councelor Morin Wilson, Councelor Clark.
Thank you. And this is an electronic
vote.
Vote is up.
That motion's carried 8 to zero. Thank
you. Charles Brown, our auditor general,
and David Fenon, hopefully I didn't uh
butcher your name too bad, um are here
to provide committee with a presentation
on this item.
General, whenever you're ready, you can
begin.
>> Thank you.
So thank you very much chair and through
you I'm here to present our report on
the South Coat Road Capital project
uh which was aly assisted by David Fenon
of Fenon Advisory and Matthew Alter and
Emily Debrto of Castle's law firm and
also overseen by Deputy Bridget Manard
and Rajny Deshband And
the uh the project which uh commenced in
2022 and was completed in 2024
was for road work, water main
installation and storm water
infrastructure
over a corridor. under approximately 1
1.5 kilometers long.
It had three bids, the lowest coming in
at 13.3 million and there were
significant uh change orders that added
about 2.5 million or 19%
to the final cost.
Our
audit reviewed multiple aspects of
project management such as planning
approvals, design, procurement,
construction management, change orders,
payables, contingency, and budget
management.
I think it's important to acknowledge
that the audit was initiated at the
request of senior management in public
works to help inform on process
improvement they were and are continuing
to undertake.
Uh you'll see in the audit reports uh
itself there are references to areas
where we were aware they had started to
proactively work on or subsequently
address issues.
Our objective was to assess whether
there were adequate governance tools,
controls and project management
processes
to support efficient and effective
program delivery.
observant of where there had been major
cost increases
in the course of our work. We asked for
a legal opinion regarding a
particular procurement issue that
accounted for approximately
401,000 of the increase in cost. That
opinion by Castle's law firm is
privileged and confidential in appendix
B and it discusses some of the legal
ramifications of the procurement and
subsequent events that I will address
shortly.
I will also say that um uh very recently
we received information
uh that's not reflected in their
opinion. However, the nature of that
information had no bearing on the legal
issues being examined. So, I did not ask
for a revision uh to the opinion.
Uh though I have reflected the new
information in our public report.
So to recap, the project procurement
resulted in a tender price of 13.3
million which rose by 19%
to
15.8 million which was the final cost.
Uh the increases resulted from a
contract addition related to the
procurement issue of 401,000
change orders of approximately 1.5
million and quantity adjustments of
605,000.
Bear with me.
So this chart breaks down the different
kinds of change orders and it shows that
um the bulk of them were sewer and water
related which is as we know is
underground infrastructure.
Uh this can be challenging to fully plan
for since the current state of repair
or exact installation may not be fully
known in the planning phase.
So we have our findings grouped into
different categories. Uh the first one
being project governance. Uh we found
governance and oversight processes were
not mature
meaning uh there were some gaps in terms
of having established processes and
documents related to project charter,
project manual, change orders and
records of stakeholder communications.
Uh number two, processes around scope
definition, revisions to scope and
decision-making documentation. We found
there was not a fully defined scope at
the time of handoff from infrastructure
renewal to design and the lack of a
consolidated scope change log and
decision register and key inputs not
being available such as geotech utility
locates
etc led to poor explanations for what
was going on, what issues were faced and
the decisions that were made.
Number three, communication of scope
changes and their adoption into tender
documents, specifically agenda. Uh here
we found that changes prepared by design
were not accurately carried forward into
tender documents.
Uh further there was there was no
accuracy or quality assurance
checkpoints uh or signoffs that might
mitigate this.
And so this led to what we are referring
to as a procurement anomaly.
What happened was that uh following
award and during construction,
the contractor raised an issue with two
lines of storm sewer items, lines 28 29,
uh contending that there were errors
with respect to these items.
Now, in their tender, they had bid $1
per linear meter for these line items.
For these same line items, other biders
supplied realistic pricing.
For example, the other bids for these
items were approximately 343,000
for one and 316,000
for the other biders.
The discrepancy in pricing alone gave
sufficient advantage to win the award.
After the award, they requested revised
pricing for these items, which was
granted at $41,000.
So, allow me to illustrate what what I
mean here on this uh chart. So you see
you have two lines there we've extracted
and this talks about 117 linear meters
of pipe and the other one is 93 linear
meters of pipe which adds up to uh 200.
So essentially
uh the winning bidder bid $200 for these
two line items. The other biders bid 342
3 uh.9 316
and the
$200 the the bidder on $200 was the
winning bidder and that actually secured
them enough of an advantage to actually
win the bid.
Sorry. Here.
So, in uh in reviewing this, we set out
uh to determine
obviously what happened. Were there
um were there errors in the description
of requirements for 28 and 29?
And second, we wanted to know whether
the errors, if any, had been corrected
uh fully by addenda.
Public works was able to confirm and
show us evidence of having forwarded the
correct amendments.
uh but we could not obtain evidence as
to whether all the corrections had been
uh properly entered.
Uh then uh late last week I sat down
with procurement and uh and on into this
week we did receive information that uh
persuaded us that the agenda corrections
requested by public works had not been
accurately placed in the revised
schedule of prices that biders were
bidding on and in some cases not at all.
So specifically, it was the upsizing of
pipe in lines 28 and 29 that did not
reflect the required sizes in the tender
documents uh that were actually bid on.
So if I go back
and look at the chart here.
So for 20 line 28 there uh the required
size was uh 825 mm and the bid on size
was 750.
For line 29 the required size was 900 mm
and the bid on size was uh 600.
So that's the discrepancy.
Um irrespective of these errors, the
winning bidder did bid
$1 per linear meter on the 117 linear
meters of pipe.
In our view, uh, they should not have
been compensated for the full cost of
these two lines outside of the change
order process.
And rather, there should have been a
change order for the difference between
117 linear meters of 750 pipe and 117
linear meters of 825 pipe. Similarly for
line 29 which posted 600 m millimeters
that should have been 900.
This addition to contract for some
reason was done outside the change order
process.
Also, I asked uh castles for a legal
opinion
on the fairness of the procurement
process
given the advantage the winning bidder
secured in bidding a dollar and later
making that up
and also on the city's ability to have
held them to account on their $1 bid per
linear uh meter.
Uh we concluded from all of this that
from a process perspective
that all elements of changes or
corrections issued in agenda
should be scrupulously tracked and
monitored and quality checked uh by
public works in writing.
So number four, budget monitoring and
cost reporting. We found that budget
management relied on uh uh progress
payment certificates without
consideration
of actual uh payment data or
reconciliation.
And also there was no standard
requirement for job cost reporting.
Number five, unforeseen site conditions
and outdated infrastructure records.
Uh this refers to our finding that
unforeseen site conditions which could
not be reasonably identified in earlier
project phases plus the reliance on
older surveys and drawings which may not
be accurate were a significant factor in
changes that went into
uh into this project. In fact, 352,000
of the change orders were attributable
uh to the circumstance.
Finding uh number six uh inspection
documentation. We found documentation
practices uh were not standardized and
reliant on manual note takingaking and
with no consistent templates.
Number seven, contingency planning. We
found costing sorry contingency
allocations were not based on formal
policy or guidance uh which in our view
should exist and and be based on uh
complexity and risk.
Number eight, change order processes. We
found change order documentation and
authorization practices were
inconsistent and there was a wide
variety of practices including the fact
that some change orders were not signed
by the appropriate authority.
Number nine, payment schedules. We found
formal requirements for detailed payment
schedules was not a policy at the time
of the project and was not provided uh
by the contractor.
And uh this reduced the ability for to
effectively efficiently manage track and
report to planned milestones.
Number 10, lessons learned or continuous
improvement. We found an absence of
consistent process for documenting and
communicating lessons learned on a
project which can reduce the ability of
staff to learn insights from the project
and apply them to future projects.
So our overall conclusion was that uh uh
the projects the project highlight
highlighted challenges with large
complex projects under evolving and
maturing project uh governance processes
and tools. uh some gaps in scope,
definition, change management, project
documentation and financial management
uh increased this project management
complexity and likely costs. And there
were opportunities to improve not only
governance but also communication
uh between different stakeholders and
ultimately strengthen consistency,
transparency and oversight.
We made uh 10 recommendations aimed at
helping to improve strengthen all these
items. Management were in agreement and
provided responses to all 10
recommendations.
So how'd I do for time?
>> You had uh three minutes and change to
spare, General. So I I appreciate that.
Um,
so we're going to take questions um on
the auditor's presentation and then
we'll have another presentation from
engineering staff following um our
questions on this. So I have councelor
Brad Clark up first.
>> Um thank you chair.
So on page 14 of the presentation,
you mentioned project managers
and I'd like to understand, are these
project managers employees of the city
of Hamilton or are they independent
contractors that are hired to manage
these projects?
>> I believe that they are internal staff
at least on this project. I could be
wrong if I public works wants to
correct. I see nodding heads. Yes,
they're internal staff.
>> Okay.
Um,
chair, I think what what I'd like to do
is I'd like to hear from our staff
before I ask my further questions. U,
but this has been an issue that I've
been concerned about for several years
and I've raised it and and I'm glad the
auditor general conducted this audit.
Um, but I'll ask my questions after
staff. Thank you.
Thank you, councelor. And the auditor
will be here in case things come up
after the next presentation. We'll make
sure he doesn't leave.
>> Well, I have other items, but also if
you did have questions about the legal
opinion, we'd have to go in camera for
for those questions.
>> So, do we have any other questions of
the auditor or we'll move on to
engineering staff's presentation?
>> Okay, let's move on to engineering
staff. I just need uh procedurally a
um does this have to be electronic to
receive the presentation? No. Show of
hands just to receive the presentation
for now.
Uh mover and secondary will be uh
councelor Cretch and councelor Clark.
And then we will just uh have Depanker
Chararma who's the director of
engineering services who's going to
provide a presentation as well.
And then once we're done that we will
open it up for questions. Just give us
one second while we get the presentation
set up. Thank you.
director,
turn your mic on. Uh, I'm assuming you
don't need an extension on your
presentation. You can do this in 10
minutes
>> through the chair. I would like to
request a threeminut extension if
possible.
>> Three minutes.
>> Three minutes.
>> Not a lot of people want to move in
second stuff around here. I'll just let
you do the extra three minutes and they
can call me out of order if they don't
like it. Go ahead.
>> Perfect. Uh thank you. Uh good morning
chair and the members of the committee.
I am Deepanker Sharma, the acting
director for engineering services and
public works. Uh I would like to begin
by thanking auditor general Mr. Brown
and Mr. Fenon uh and his team and Fenown
Consulting for their work on this audit.
I want to be clear about something is
how did this review come about? Although
the report carries a fraud and waste
reference number, the auditor general
report confirms it was initiated at the
request of senior management. South Coat
was a complex project
and we wanted to have an independent
look on how this project evolved and
whether it was delivered for value for
money. We asked for the review because
we wanted to learn from it and we
welcome the findings and we take them
seriously.
Over the next few minutes, I'll walk you
through how engineering services is
responding, what has changed since the
project was standard in 2022 and what we
will put in place next. So, let me start
and how this presentation is organized.
Um I will start with the overall
response to the audit. Then I will go
through the recommendations
and order how a project happens.
First we'll go through initiation and
planning, how we conclude and organize
projects into streams. Then we will go
through design and procurement and then
constructions and lessons learned.
I will finish with how engineering
services management office will carry
this work through including how projects
will move through
a gated delivery and then take your
questions.
So let's start with the bottom line. Uh
the bottom line is engineering services
agrees with all 10 recommendations.
The auditor general concluded that the
south coast was delivered while our
project governance was still maturing
and we agree with that. Uh since the
project was tendered in 2022, we have
already completed three recommendations
and the rest are targeted for the fourth
quarter of 2027.
We have grouped the recommendations by
stage of a project where they apply for
each one. The next slide will show what
we did in 2022, what we do today and
what we will do in future. We'll start
at the beginning of a project with
initiation and planning.
This is where projects are created and
this is where a project scope is set and
it is where audit found the most
important root cause.
South co scope was not fully defined
when it was handed over from planning to
design. It kept on changing through
design and even through construction and
there was no formal documentation or
process outlining how these decisions
were taken.
So here what what has changed? Project
charters that helped conclude all the
scope the timing and the budgets weren't
required in 2022.
They are now mandatory for every capital
project and are required with every
purchase order. This action is now
complete.
Scope definition and project streams now
help us define scope early.
We will add that clear requirement for
early and complete scope definition to
our project management procedure.
A decision log was optional but we will
make it mandatory for all projects. It
will be set up at the initiation stage
of a project and we will link it to our
capital project management software
that will give us one record for every
significant decision change and approval
and it will also help us mitigate any
impacts on costs, schedules and risk.
We do have a pro uh we do have a project
governance framework. We will update it
and make sure we have named right owners
for each documents. We will also set up
review cycles and clear approval limits.
So we get we want to get back to
defining scope early and knowing what
kind of project we are planning to do
and this is where project streams come
into play. We now organize our capital
projects
into project streams for roads,
structures, and subsurface. Each has a
defined range of work from simple
resurfacings to a coordinated rideway
replacement auto reconstruction.
The scope and the complexity
increase from left to right.
This matters for two reason.
First, it helps us define scope very
well in advance.
And once we understand which stream a
project belongs to, we know what it
should include and what it should not
include,
what investigations and design work it
needs and the timing for the project. It
also means planning hands design a
defined scope,
not an open-ended question. Uh this goes
directly to recommendation two and the
scope issues on South Code. Second, it
helps council residents and our partners
to focus on the projects that are most
complex and that need our most
attention. These projects are usually on
the right hand side of this screen
where several types of infrastructures
are being replaced such as was the case
in South Code. So once our scope is set,
the project moves into design and
procurement as planning. The next two
slides will show where we were in 2022,
where we are today and where are we
going.
the slides with procurement
issue the auditors have described. Uh
I'm going to state the exact statement
from the audit. The management review
and update existing processes to ensure
procurement documents prepared by the
consultant and or by the design team are
subjected to an approve appropriate
review and verification against the
approved scope changes prior to
issuance.
So here what has changed quality review
happened now we will make it into a
requirement
before any tender is released the design
project manager senior project manager
and the manager will confirm that the
documents have been thoroughly
through a quality review and they match
approved scope
and public works will work with our
partners in procurement ment to make
sure every agenda is documented properly
and every correction is saved properly
during the tendering process. We have
already strengthened how agendas are
reviewed and coordinated with
procurement.
On bid evaluations
with procurement we will define who
evaluates and approves bids. These are
already done. We want to make sure these
are recorded as processes. coordination
with procurement. We already give
advanced upcoming notices to procurement
and we meet with them every two weeks.
We will formalize these protocols as
well.
Records South Co records from
environmental assessments through
constructions are held in our project
repository called projectwise
which has version history and an audit
trail. This action is now complete. We
will make sure retention requires
retention requirements are applied the
same way to all capital projects.
Once a project is standard and awarded,
it moves into construction.
In construction, the audit themes were
around change control, budget
visibility, and contingency.
In 2022, we introduced a formal change
order process. It is now in place since
2025. We will keep on strengthening it
and we will add and review cycle to it.
For budget visibility, our project
progress certificates do not draw from
actual data from the city's financial
system. We will work with finance to
change that and formalize how project
progress payments or PPCs are reviewed.
Monthly reporting on construction
projects it happens now but it is not a
formal requirement. We will make it one
with senior management review and create
a clear escalation
when forecasts go over budget.
Talking about contingencies during this
projects the contingency was set based
on a professional judgment between n 10
to 15%.
We will work work with procurement to
develop a formal contingency framework
for both design and construction.
In regards to payment schedules,
contractors already are now giving us
construction and cash flow schedules
before any of the work is starting.
Because we pay only on measured
quantities and verified work, we will
use those construction schedules to
forecast
and budget monitoring only. Lessons
learned. Closing reports are already
mandatory. We will add a formal lessons
learned process to these closing
reports.
For inspections, our inspection records
have gone from paper copies to digital.
And now that action is also complete.
Those are the changes that have happened
since 2022 till date. The real test
comes to us in making sure that these
changes stick.
Making these changes stick is the job of
our engineering services management
office or EMO.
It is already in place. This was put in
place in April of 2026.
The EMO sets standards, tools,
governance for our project management
team and makes sure all project
management standards are applied the
same way on every project.
For a project manager, for a project
manager, this means that standard
templates are in one place. Better
visibility on budgets. One point of
contact for procurement, legal risk and
HR questions.
Training and mentorship opportunities
are also available. A clear review point
before a project moves forward.
The EMO will own the updated project
management framework and it will make
sure audit actions are carried out.
The EMO is built around four pillars.
Financial, standards, training and
governance. Each audit recommendation
falls under one or more of them. For
example, the budget monitoring and
contingency sits under financial. The
procurement and agendas recommendations
sits under governance and the training
supports all of them because a procedure
only works if staff know how to use it.
Those pillars come together in how every
project moves through delivery.
So how does the future look like? This
is how projects will move through
delivery.
There are six stages grouped into
define, develop and deliver. Each stage
ends with a gate. At each gate, scope,
cost, schedule, risk are confirmed and
key decisions are recorded in a decision
log. And this happens before a project
moves to a next gate.
EMO oversees this across every single
stage.
This directly addresses audits finding
on scope definitions and decision
tracking.
And this brings me to my closing. To sum
all this up, we agree with the 10
recommendations that audit has provided.
Three of them are already complete. The
rest will be delivered within 2027 with
an updated framework supported by EML.
Thank you. I'll I'll be happy to take
any questions.
>> Thank you, director, for your
presentation. Um, we do have a long
list, so I will just let everybody know.
Um you'll get your 5 minutes and then
you will be um asked to go on for a
second time. Um councelor Clark, I know
you wanted to speak last time, so I'll
start off with you, councelor Alex
Wilson, councelor Tamway, and councelor
Crutch after that. And then we do have
councelor Casar here as well. That will
go when all committee members are
complete. Welcome councelor Casar.
Councelor Clark, go ahead.
Um, thank you, chair. And as I said in
my earlier statement, this has been a
concern of mine for a few years. So, I'm
trying to understand
this was an audit of one project, but it
points to issues on how we deal with
scope and how we deal with requests for
addendums. So, do we have an indication
how often that occurs on public work
construction project that the
um bidder after he's approved
tells them that oh well I missed
something and I you need to pay me more
money.
>> Director
>> uh through the chair to the counselor.
Thank you for your question. um change
orders occur on projects based on
different complexities. So this depends
upon how um just I'll take you back to a
slide if I can or if it's still up. No
it's not. Um so if we are doing a easy
project which is a road resurfacing
there will be less change orders on it b
versus a project like south code uh
where multitudes of complex um assets
are getting replaced. So at that time
you will see a difference or an
increment in change orders if that helps
counselor.
So,
how do we ensure procedural fairness in
the procurement process
if we are willing to
approve addendums
worth several hundred,000
on projects?
Why aren't we holding
the bidder, the vendor
to the contract?
Why do we turn over money to vendors?
Um, knowing full well that others bid
less than that and we don't hold that
that vendor to the contract.
So help me understand that
>> counselor just to clarify like for
example the $1 bids why would we give
>> that's a per that's a perfect example
you know that very clearly
there was
either an error or an intentional
desire to under bid with the
understanding that they can always ask
for an increase in scope to secure more
money and that's my fear that it's not
necessarily happening across the board
as an error
that people recognize that the city of
Hamilton is willing to do this
>> director.
>> So I'll try to recap the councelor's
question. Um so the counselor question
is around addendums and then we will try
to explain the $1 error. Uh so I'll
start and I'll u let procurement join
in. Um so the contract process that we
have uh when we start uh during the
tender phase addendums are issued if a
contractor of or a bidder is asking for
clarifications
and in regards to once these contracts
are awarded we move into a different
phase where change orders are issued if
there are changes to scope.
So if we have accepted a bid
and we have moved into a different
phase, change orders are based on site
conditions and they're approved on this
based on the timing and the complexity
of site.
That being said, now going back to the
first part of it, how are addendums
improved and how they can be improved?
So to just explain on that counselor, we
are working with procurement in creating
a process that will help us both
navigate through this. It will public
works will be giving a sign off on the
addendums. So um mistakes or u typos
won't happen moving forward. I'll let
procurement join in. Thank you.
>> Jim Kennedy.
>> Hi. Good morning. Uh Jackie Kennedy,
general manager of public works. Um I I
think it's important on this point to
note that um we we do adhere to the
contract and we require that the
contractors honor the contract that they
bid on. Um in in this case when the size
of the pipe that was included in those
line items where they bid a dollar, that
sizing was not required. And so when
they came to the project manager during
the execution of this work and they
said, "Well, we we need to put in a a
size of pipe that you don't have in your
in your um
in our bid that's not in the contract.
We had to go and find a price that was
um that did line up with what was needed
on site." And so a contract change was
required. Um I I I hope that provides a
little clarity on the boots on the
ground how we would manage through that.
Um at times there are things in the
contract that require change um post bid
and we have to negotiate with
contractors, manage them through that
and um and make times and make decisions
in real time in the field to keep the
project progressing through. Um and and
so that is part of the challenge that we
have with this kind of complex
construction work at times.
>> Counselor, I'll ask you to follow up
briefly on what you've heard and then
I'll put you on for a second time.
>> Um it doesn't resolve my concerns with
the greatest of respect to GM Kennedy.
My concern is that people are bidding on
projects for public works. They know
full well that afterwards they can say,
"Oh, there is a change in scope." and so
they ask for more money.
My question is, how do we prevent that
from happening? How do we hold vendors
directly responsible for the contract
that they submitted that they signed and
now all of a sudden they're asking for
more money from the municipality.
And I would suggest that that would be
one of the reasons that we seem to have
so many projects that go over budget is
because of this issue.
And so I'm concerned about it. I've been
concerned about it for years. I keep
raising the same question. How do we
stop this from happening? How do we put
controls in place? How do we hold
vendors responsible for their tender
that they submit? It's on them to get
the tender right.
Instead, the taxpayers end up paying
more money to them. So, I continue to
have concerns. Um, greatest respect to
GM Kennedy. Um, but I'm still not
satisfied in terms of how we're handling
this. Thank you.
>> Thank you, Councelor Clark. Uh,
councelor Alex Wilson.
>> Sorry.
>> Thank you through the chair. Just want
to start by saying I really appreciate
the notes about the self-referral. I'll
also just echo councelor Clark and say I
think you know anytime we get involved
in projects as counselors you know we
we've shared maybe these concerns or our
experiences on a project specific file.
What I will say though is I do think
when I reflect back to projects in year
one year two of this term to now and the
management responses here I'll just
comment myself do I think we're maybe as
far as we would like to be to councelor
Clark's last opponent. No, I think this
is a continuous improvement exercise. I
do just want to acknowledge I think I'm
hearing a different response than I was
personally hearing kind of one-on-one
meetings um about specific files. I
think there is um a systemic piece here.
So I just want to acknowledge that thank
the folks who have been doing some
internal change management but also
recognize that this got here because
there was a referral saying we know
we're not there yet. So just
appreciating all that context at the
top. Um one thing that confuses me and
I'm not sure chair who's best positioned
because it's about all of the
appendices. So it's not specific to any
um one perspective. It's why is vendor
management uh vendor performance
management not included in this report?
I would think that when we're talking
about quality management and we're
talking about how do we track these
types of things, we also are
simultaneously doing an evaluation of
vendors. And so I just I would have
thought there was a very clear link to
we're standardizing these um types of
inputs and those will match how we're
going to evaluate people. And so just
maybe if there could be a comment on the
role of of vendor performance management
uh changes and how it maybe intersects
with some of this work because I I was
anticipating to hear a lot more overlap
and it's it's just not mentioned.
>> Yeah. And I appreciate that because I
think it overlaps with a bunch of
different departments. So uh director do
you want to start and then I don't know
if procurement's going to have or GM
Kenny's going to have something to add
to this. Um vendor performance reviews
in the process I think is what we're
looking at. We don't see any vendor
performance sort of discussion on self.
>> Yeah. So we can't thank you for the
question and uh through the chair. Uh
vendor performance management is
integrated in the work that we do um on
projects like this. Um I think that it's
not included in the responses today
because it was not brought forward as
part of the audit. Um but we can um
Tina, I'm not sure if you'd like to add
to what we do do with vendor performance
today
>> through through the trim. Maybe you'll
just clarify. I'm just hoping that if
we're standardizing say our our rubric,
let's say, that then we we match the
standardization on our uh homework. So,
for example, I'm seeing lots of things
here that say we're going to take more
standardized approaches to certain types
of I would just hope that within then on
the back end when we're evaluating, we
make the same standardization on both
sets. So, we're not holding um vendors
to one set of standards in terms of
maybe how they conduct the thing,
conduct the project, but another set of
standards for the types of papers that
they're doing. like we could evaluate
them on if they're not following the
tender process correctly that may impact
how they are evaluated. I'm seeing nods
across so I'm going to move on to my
next point.
>> Go ahead.
>> Um yeah, on the lessons learned section
uh can staff comment on the role for
public input um on that. So if a project
is going out um especially higher uh
disruptive projects um counselors
communicate about the timeline of those
projects. um if you want to reach out to
the project manager because you're
impacted say by construction impacts or
some of that. Is there value in having
an open-ended uh form to uh hear about
community impacts? They could obviously
not necessarily be weighted uh
quantitatively, maybe it's a qualitative
waiting again in that performance
management or lessons learned, but just
flagging that there could be a
difference between uh technical
compliance, so all the uh papers were
filed at the right time in the right way
and were checked off by the right
people. Um but maybe we didn't have um
because it was a unique project or there
was impacts um Spencer Creek uh salmon
spawning uh school route all those types
of things overlapped and a lesson
learned is wow the school season and the
rainy fall season make doing inwater
work um really difficult and we have to
think about that from a project timeline
perspective so that's nothing went wrong
everyone followed their job
contractually but there's some feedback
that I don't know that gets captured in
the lessons learned if we don't more
broadly receive that feedback just
wondering if there could be a comment on
how do we capture
um more than just staff's feedback and
the lessons learned
>> director
>> through the chair to the counselor.
Thank you for your question. U so as we
talked about projects and their
complexity, one thing that we have
implemented in engineering services is
about doing public information centers
and uh there's multitude of them. Uh one
of the inputs that we receive in public
information centers is regarding how
detours can function, how the design
will h um how the design layouts will
function. In addition, we have also
introduced uh something called story
maps where you can monitor the progress
of the project in real time. This also
helps us with engaging public and also
provides them a point of contact if they
are trying to reach to the right person
on site through you. Just maybe a quick
response to that. I think that's great
because I think that sets people's
expectations at the beginning of the
project. My real push here is for a kind
of a a form whether it's on engage
Hamilton or somewhere else that is
permanently open from that PIC that's
the launch date. I think that makes
sense to when the project is closed. So
there's a place to refer people to
provide their feedback because I think
when that project is happening,
especially if there's a delay,
procurement and project management are
dealing with the delay. They're dealing
with the contract and then public
communication is maybe a secondary or
tertiary priority comes through the
counselor's office, then it gets into
the newsletter on social media. Like
there's some delays that get baked into
that. And so having an open door for the
public to provide feedback consistently
throughout the process I think helps if
procurement is maybe in a backlog and
can't speak to a resident on the phone
about the contract or engineering
services doesn't have that facetime
availability. Um there's still an intake
at least even if we can't respond. So
just flagging I don't think there's an
intake portion via the PIC and that's
that's the push here. But I I do
appreciate we we do some things.
>> Um if I can get one last comment in.
>> Go ahead. Um I would be curious in
understanding more as projects go
through design um and we're evaluating
uh through uh better evaluation and kind
of lessons learned as a result of some
of these standardizations uh if there's
types of projects that we should be
doing uh contracted out design versus
internal design. My experience has been
when sometimes we do contract out design
there can be additional delays built in.
And so I just appreciate that as a
result even though it's not in the focus
of this evaluation by having more KPIs
by doing more evaluation by being more
structured in the types of information
we have we can ask ourselves different
types of questions like are there
certain types of projects or certain
ways of doing work that end up having a
couple kind of delays in them versus
other ways of doing or designing that
work. So thank you.
>> Thank you councelor Wilson. Councelor
Tammy Wang
>> thank you for doing this work. I know
that last yesterday we were also talking
something not the same but kind of same.
Um so I appreciate
what hap the lessons learned slides
where it was like prior practice current
state and the future state. How are we
baking in any of these like sort of
feedback mechanisms or key performance
indicators?
On first blush it looks like we have
built in a significant more red tape and
bureaucracy and that's warranted. I'm
worried about how this might affect
project delivery. Uh is that going to
draw out the time frame? Is the EMO
office now going to be um how are they
tasked with setting certain like budget
limits or anything? Like I'm just when I
look at this, it just feels like we've
just gone from a lot from no red tape to
a lot of red tape. And then how will
that impact like say timelines for
example
>> through the chair to the council? That
is a great question. Thank you so much
for asking. Um so when we were talking
about project streams and I was I was
pointing towards trying to keep projects
easy.
Uh when we talk about projects that are
easier to deliver quicker, we want to
get them done quicker. We are not going
to look at them from the same lens. But
when it comes to projects that are
coordinated and more complex, when it
comes to projects like South Code,
Garner, these projects need to be looked
at from a different lens, from the lens
of risk, from the lens of schedule
changes, from the lens of cost.
When we are doing simpler, smaller, I
wouldn't call it smaller, but simpler
projects uh such as resurfacings. And I
keep on going back to resurfacing. U
they are they don't go through the same
rigor. They should not go through the
same rigger and that's the plan. Uh so
the way our EMO is set up,
it will look at the overall process.
Some projects are becoming programs that
can be delivered at a faster pace than u
more complex projects where we want to
take our time.
>> Okay. Um so as part of this continuous
improvement then uh is there an
expectation that we want to try and get
80% of the projects to hit 100 like
their project deadlines or their project
like I'm thinking about it from a um a
customer service perspective on a
resident's perspective too. They're
always going to look at us and their
assumption I I know for me at the doors
is that they assume all projects are
going to go over over in budget over in
time frame. So how do we help with
giving them that assurance given these
new processes that we are going to work
towards getting all projects that have
been bid, tendered and spoken about
publicly that they will be on budget or
at project time frame.
So it's a uh through the chair to the
counselor it's a multitude explanation
and apologize for it. Um so projects
developing a project starts at the time
it was scoped. Um so currently our
complex projects they go through a
functional design for example Bon
Street. Um once the functional design
design is complete we will have a better
estimate on what the budget is and we
will have a better estimate on when that
delivery cycle will happen. It cannot be
a guarantee on you will be delivering it
in let's say for example in 2028 things
move legislations change we want to make
sure we are concurrent to all of them
but where we can make a difference is by
making sure we are communicating it to
the public at the right time and I think
if we do that job right there are less
concerns from public that their projects
are still ongoing we're still taking
care of uh these assets projects.
>> Okay. Um what is our sort of mechanism
on checking to see how well our new
processes are doing?
>> Like what's that time frame? Because
you're when you say future state, future
state could be tomorrow or future state
could be 10 years from now. So what's
what's our what's our feedback here?
>> U through the chair to the council
counselor. If I could do it tomorrow, I
will. Uh but things do take time. we
have processes in place. Uh the intent
is we want to make sure even though if
we are putting in these tapes, these
blocks, these gates, we want to make
sure that they are well communicated,
people, our staff is getting trained on
them. Uh because if the staff is not
trained on them, they will not be using
it. We want to make sure they're sold
and uh we can report back on these
gates.
>> Okay. So, chair, I think my question
then is um it's not really stated in the
report about when we might actually do
that check-in. So, is that a five five
years from now kind of thing or is that
maybe two years from now? Uh what's that
what's that feedback that we might get
from to understand how well we're doing?
>> Um through the chair to the counselor.
Um some of the act actions that the c uh
that the auditor recommended have been
completed.
>> We are trying to expedite as fast as we
can through this. The uh our
recommendations back to the to the
auditor report is that we will be back
to council by Q4 of 2027.
>> I missed that. Thank you so much. Thank
you chair.
>> Thank you councelor. Uh one last look
committee members. Anyone uh for first
time? If not, I'm going to go to
councelor Casar for his questions and
comments. Councelor Casar, please go
ahead.
>> Yeah. Thanks, Chadori. Can you confirm
you can hear me? Okay,
>> we can.
>> Yeah. Okay. Thank you and thank you to
uh the AG and for staff for these
presentations.
Um, I guess I'll start off by saying
it's actually really disappointing to
hear the terms evolving and immature
project governance applied to our
processes, you know, as recently as the
beginning of this term. Um, so
acknowledging that uh some of the
leadership was different at that time
and there already is work underway and
that there was staff who requested this
report. But still, you know, to have
those terms applied to such a recent
timeline is is really concerning and I'm
appreciative of the questions that have
been asked. I think they are very
important. So I want to there may be a
little overlap here but I think it's
really important that there is
accountability back to this body and I
heard from the director that at Q4 2027
on the progress because we we can't have
a process that deals with hundreds of
millions of dollars every year in
projects to not be best-in-class.
And so it's one thing to say we're going
to actually um complete all these
recommendations, but that should not be
our goal. Our goal for a m municipality
of our size should be best-in-class
project governance. So I think there's
further work to be done. uh and that
standard would need to be defined. But
I'm not satisfied just to go go through
this uh and make sure the AG
recommendations are done because there
could be other things and other projects
that need attention too. So I think
that'll need followup, but that would be
my goal to continue focus as governors
unacceptable if we don't have
best-in-class governance processes
uh for projects. And secondly, and just
as is as important and if not more
important, there needs to be, and I
don't think we do this very well
generally as a city, follow up with the
public to demonstrate the steps we've
taken and to show that we are on our way
or at best-in-class because this is
exactly the type of thing that erodess
trust and confidence.
And we we cannot have that when you know
we have property taxes that people are
paying. There's lots of cost pressure.
We're trying to do the best we can. And
I know staff are doing that. And I'm
sure there would not be any disagreement
with the sentiment that we want to
ensure that we are delivering the best
value for money. And when you have
projects that are this large, this is a
huge opportunity to demonstrate that.
So, I I'd be certainly open for comments
from staff on this, but I also think
it's followup and more work that needs
to be done through a motion potentially
in the notsodistant future,
but we cannot settle for anything less
than best-in-class. This is a huge
opportunity now. We've publicly shared
here's the challenges we have and if we
are not pushing ourselves to be the
best, I think we've let everyone down,
including ourselves. So no specific
question but I would love to hear a
staff response on those comments. Thank
you chair
>> uh through the chair to the counselor.
Thank you for your comments counselor.
Uh we do agree with most of them. Uh we
do need to modernize engineering
services and we are currently working on
that process as I speak. Um there is
staff such as and initiative such as
implementation of engineering services
management office that was done this
year. uh that is being led by our uh
senior project manager Janelle Trent
that is already in place. The intent of
that is to have governance over
projects.
We do want to modernize engineering
services and we are hoping that that
process will be at a substantial rate
until Q7 of 2027.
>> Q4 Q4 of 2027.
>> Yeah. So acknowledge that. I know as
professional staff you're doing
everything you can. I think this is at
the GM and the city manager level to
make sure that we are communicating this
in a much better way than we normally
share things because this is the core of
how we can build trust and confidence
because these are such large and visible
projects incorporating lots of the
things uh the committee members had
shared. So, you know, I'll definitely,
you know, ensure there's future
conversations on this, but thank you for
the efforts and this is a huge
opportunity we cannot afford to take
advantage of and improve on. Thanks.
>> Thank you, councelor.
>> Um,
>> sorry, GM Kennedy, go ahead.
>> Yeah, thanks. I just like to acknowledge
the the comments uh through the chair to
councelor Casar. um we are on this
journey and would be happy to hear from
you or connect offline about how we may
support sharing this message more
broadly with the public. So, thank you
for your for your comments and your
commitment to this. Um I do hope that
through this, you know, the the
responses today are focused on the audit
response because that's the report
that's here. Um there is work underway
and the reason we're able to share that
three of those have already been
completed and others have already been
started um is because we have heard this
and we are working on it but happy to
hear more about your ideas of how we can
tell these stories more clearly with the
public. So thank you.
>> Yeah.
>> Thank you GM Kennedy.
>> Uh any other uh questions
on the presentation?
Okay. Um I don't know if we have a mover
and second to receive the presentation.
We do not. Councelor Alex Wilson,
Councelor Wang. Um
is this electronic vote? Hand vote,
please. Show of hands to receive the
presentation that carries. Thank you. Uh
do any committee members want to discuss
the confidential appendix B?
Okay.
Um where are we here? All right. So, I
need a mover and second to approve the
recommendations contained within the
report. Councelor Wang, Councelor Alex
Wilson.
Last call. No more comments. We'll go to
the electronic vote.
The vote is up.
Councelor Clark is a thumbs up.
And that carries six to zero. And just
before we move on to motion, uh on
behalf of this committee, thank you to
the staff um that presented. Thank you
to the auditor. Um I think this is a
really good opportunity to put the city
back on track. Um lots of money and
capital. We got to make sure we're
delivering it on time, on budget, and to
the best of our ability for the
residents. So, I appreciate all of
staff's
serious concern on that matter. Uh, I'm
going to hand over the chair to
councelor Wang if that is okay. I do
have a motion to introduce.
Thank you, Councelor Wang. This motion's
moved by myself, second by councelor
Moren Wilson.
Uh, it's an amendment to the
recommendations contained in minute item
8.6.
Um, respecting report CM260006.
Um, it was approved at council on June
3rd. I'm going to go to the therefore be
it resolved that subsection of the
council decision from June 3rd
respecting minute item 8.6 six of GIC
260008 report CM26006
corporate continuous improvement program
be amended to include additional
subsections DE and F and to read as
follows that the launch of the corporate
continuous improvement program intended
to advance the city's organizational
efficiency effectiveness and service
delivery be approved
uh B that uh to expedite council direct
the city manager to procure the services
of an external consultant pursuant to
policy 11 non-competitive procurement to
complete the continuous improvement
procurement exercise with any excess
funding required to be funded through
the tax stabilization reserve be
approved.
staff be directed to report back to the
GIC on an annual basis on the program
progress. That the continuous
improvement procurement exercise include
a review of the city's procurement
practices and processes benchmarked
against other Ontario municipalities of
similar size and include an examination
of whether outsourcing or partnering
with qualified private sector
procurement firms could improve
efficiency, reduce costs, and
significantly shorten procurement
timelines while maintaining
transparency, fairness, and public
accountability. and identifying
opportunities to delegate appropriate
procurement related decisions,
streamline approval requirements, and
eliminate unnecessary administrative
delays while maintaining appropriate
safeguards and council oversight. That
in addition to the continuous
improvement procurement exercise, the
external consultant advised on the
feasibility of establishing project time
frames requiring every construction
project facility through a competitive
procurement process to have a defined
timelines, milestones, and
accountability for delays from budget
approval to the award of contract. And
that in addition to the annual report
back, the city manager report back to
council in Q Q4 of 2027
on the results of the independent review
with recommendations to improve
efficiencies, measurable targets, and an
implementation timeline of all
recommendations. And I'll just speak
briefly to this. Um I think Southakota
is is one uh example. Um but for me uh
we've
um increased our capital budget by a
extremely large amount um with large
projects but also smaller projects and I
don't believe we're in a position to be
able to deliver those projects in a
timely manner. Um, we've seen delays.
Uh, we've seen some issues with projects
and this is not a shot from me to staff.
This is me trying to help be so we can
deliver more
um for the money that we've asked from
our residents. And right now, I don't
think we're there. So if this review
shows us that maybe we need to out
outside help to ensure that we're
getting stuff through design, getting
stuff through pro procurement and
getting stuff delivered for residents. I
think it's money well spent cuz right
now we're seeing delays in sidewalk
work. We're seeing delays in shave and
paves. We're seeing cost overruns and
delays on major capital projects like
South Coat. So, it's hard to be able to
say to residents, hey, we're investing
in our capital because our city needs to
and then not being able to deliver
projects
on a timely manner. People want to see
money. They want to see their money
being spent. They want to seeing spent
wisely and quickly. So, that's why I
brought this forward and uh I'll leave
it there. Thank you, chair.
>> Thank you. Speakers list is open.
Councelor Alex Wilson, please. Um you're
going to have to turn on his mic,
though.
Yeah, thank you. Uh through the acting
chair, just a couple of questions so I
can understand what's changing from the
past direction to now because we're
we're editing past direction. So that's
that's the root of my questions. Um is
the intention of the motion and I think
this is a question of the mover because
it's just about what we're intending to
do here. Is the intention of the motion
to replace the previous um review or to
add additional things that you'd like?
So, for example, under deenf there's
some additional criteria, but the
original review
uh came from a motion from councelor
Clark and BD, I believe, that asked
staff to come up with a proposal. Staff
came up with a proposal um in a previous
report in appendix A that listed dozens
of things to include. Are you kind of
crossing out those dozen things and
saying only report on these three? Are
you saying report on those dozen plus
these three?
>> Yeah, I'm I would say they're they're
separate for me. This is more about
expediting the review, using getting the
city manager to direct
uh or to oversee the review. This would
I would say be in conjunction with what
the continuous improvement department
would be doing.
>> So the the review that was because this
is crossing out a previous direction. So
I'm just trying to understand if the
intention is to delete the previous
direction and replace it with these
three items or what I think I heard from
you is to say no no no we're already
doing a continuous review activity but
I'd like these things to be included in
it but we're acknowledging there's
already a review activity going. I'm
just trying to trying to understand like
what the activity ultimately is in
conjunction to the the previous staff
report and that appendix um and those
outcomes and so I've heard from the
mover that it's not the intention to
stop doing that other work
>> that other work is h that other work I
think continues for me this work is
directed by the city manager as opposed
to the continuous improvement
uh department
or program as it's called here and it
directs to go to a policy 11 with a
external internal consultant so we can
expedite the review and get that back to
us sooner so we can implement some
hopefully positive change.
>> Thank you. And through the acting chair,
appreciate the mover's clarification on
intent. Um that helps me understand a
lot of what what we're trying to do
here. I do have a question for finance
staff just on uh what is clause B which
is the money clause. Uh my understanding
is that the original um motion and kind
of direction um had the same 300K had
the same project ID. What I'm not
understanding is with any excess funding
required to be funded through the tax
stabilization reserve to be approved. So
there was an existing project with an
existing defined scope um and there was
an existing price tag for that scope. I
understand there's an attempt to move
that forward faster potentially and also
add some things to that review. Makes
sense to me. Are we spending is it still
we're anticipating to have the same
budget for it? I'm just not
understanding the need for the policy
11. Have we not currently procured that
work already from the previous
direction? just trying to understand at
a point in time how do we move this
forward and what's the financial
implication
>> director I get I echo please
>> through the chair thank you councelor
Wilson um just for clarification so
it's it's my opinion and understanding
that the original report still stays but
this augments that report and the
additional wording in section B um
speaks to the additional scope that
we're adding to the report that came to
committee in June. So 300,000 was
earmarked for the continuous improvement
project. However, with the additional
scope that cancerous is presenting
today, we're probably going to need more
money. So that's why we put the
inclusion of the excess funding to come
from the tax stabilization reserve.
>> Thank you. where we scope the work. And
to your question, we are currently in um
the development of the scope of work and
we are having preliminary conversations
with an external consultant. Um but
where we're scoping the work, if we can
scope out the additional work that we're
speaking of today,
uh perhaps we delineate the cost of that
and and use the tax stabilization fund.
It's still up to be decided.
>> No worries. Would it be possible to get
a um a potential language regarding uh
up to an upset limit from staff for
council? I'm not trying to say no today.
I'm just trying to think of some things
to maybe make this a little cleaner for
council. And so if staff could provide
that, I don't think the counselor is
going to have that info, but just what
an good upper limit is. So it's not a
never-ending upper limit. Um if I could
through the chair, I just have one other
question.
>> Go ahead.
Um,
okay. So, sorry. I
think then, no, I I don't maybe if I've
heard then it's clarificating. We're
just adding a couple things. We're going
to understand what the cost of that is
and it's all still coming back. We're
not replacing the existing direction.
Um, I might just work with the mover and
secondary offline and CC staff just with
a couple things that it was hard for me
to understand. So, just if that could be
clarified um because that way I think
we're all clear on what the report back
is coming. I don't necessarily have a
specific concern with the additional
information we're trying to get back. My
concern was we were not going to get the
other things back and instead we're
replacing it with this. So, appreciating
that this is just trying to get more
info. Um I happy to support the motion
today and just maybe some amendments for
council and I'm seeing that staff have
raised their hands so flagging that for
the acting chair.
>> Okay. City manager please.
>> Yeah. through through the acting chair.
Um I just want to add in terms of the
previous um direction is I'm
interpreting this motion as adding some
further clarity with respect to the
previous direction and trying to balance
some quick wins with respect to this
body of work as uh along with some
longer structural opportunities going
forward. And so uh that is how I'm
interpreting in consultation with uh
director
uh and uh subject to ratification of
council is we will we will ultimately
take council approved rat ratified
direction and look to execute it uh and
report back and if there are some quick
win opportunities we will report back
earlier with respect to those
opportunities
uh and then try to achieve the broader
objective as outlined. Okay, thank you
very much. Uh, another call out for
speakers on this.
Seeing none, may I have the vote,
please?
Vote is up.
Thank you, Councelor Clark. Counselor
Cretch, are you still with us?
Okay. And that vote carries five to
zero. Chairs, back to you.
>> Thank you, Councelor Wang. Uh, any
notice of motion?
Seeing none, we will move on to private
and confidential.
Um, I do need a mover and second to
permit the following individuals into
closed session.
Um, David Fenown. I don't think we need
that one anymore. Sorry. Am I using the
wrong ones? Yeah, I am. There we go. So,
we need a mover and second to permit the
following individuals into close
session. Darren Jones from Valencia
Ricks, Aaron Fer, who I know I probably
butchered the last name for Valencia as
well. Mover and seconder, Councelor
Wang, Councelor Alex Wilson. Show of
hands, please.
Just one sec. We got to ensure we still
have quorum for the meeting. I only see
four.
>> Councelor Clark, are you still with us?
>> We'll just pause for a moment just to
make sure we have a couple counselors
online. We just need to make sure
they're there so we ensure we have
quorum to continue the meeting. If
everybody can just uh give us a few
minutes, we'll be right back.
Uh still good morning soon to be good
afternoon. Uh just to let the public and
everyone know we will wait 15 minutes
from 11:52 to see if we can regain
quorum. If we cannot then we will
adjourn the meeting. Thank you.
Good afternoon. Uh we have lost quorum.
We've waited our 15 minutes. We will now
adjourn uh the meeting. Thank you and
have a good day.