Committee of the Whole – March 5, 2026

00:02:38
Good afternoon. My name is Lisa Karns,

00:17:50
counselor for W 2, and I will be chairing the committee of the whole meeting today. It’s a continuation of the meeting that began at 9:30 a.m. Tuesday, March 3rd, and I’ll read a safety notice. In the event of an emergency, please evacuate the council chambers by the nearest exit staircase located through the door marked with the exit symbol.

00:18:09
Once you’ve evacuated, please gather in Civic Square outside of city hall. All of City of Burlington committee and council meetings are live webcasted and archived on the city’s website. Today’s meeting is being captioned digitally through our agenda management software and I will remind everyone to slow down and speak clearly so your words can be captured by the software.

00:18:33
I would ask everyone attending virtually to please use appropriate microphones so your words can be captured accurately by the software. We have rules of engagement in committee meetings and we ask everyone to please be respectful while others are speaking and listen as you would want to be listened to.

00:18:51
If we’re not making decisions at this meeting, those will go to council for final consideration on March 10th, 2026. The public is welcome to see when the final decision-m happens by attending the meeting either in person or watching the live stream. Delegates are welcome to register to speak at the council meeting.

00:19:10
I will now do the introductions. Ward one, councelor Kelvin Greath, councelor Nissan will be working to join us remotely. Councelor Shauna Stolty, Councelor Paul Charman, Councelor Angela Bentia, Mayor Marian Mid Ward, and myself, Councelor Karns. Staff joining us today include our chief administrative officer, Kurt Benson, and our committee clerk, Suzanne.

00:19:33
Other staff in attendance will be introduced as each agenda item is int is discussed. In terms of declarations of interest, it’s a reminder that councelor Galbreth has declared an interest in item 8.2. 2 real estate matter declaring intent to lease waterdown road properties LLS1626 and 12.

00:19:56
2 city land for affordable housing DGM 1126 and we will now continue on with the items that were not dealt with on Tuesday. The first item will be the community and corporate services regular item 8.1 use of corporate resources during an election policy review LLS 1226 and I will now open up the floor for questions of staff Mary Ward.

00:20:34
Thank you through you, chair. When we left off committee on Tuesday, um there was some discussion about getting further clarity around social media. So, has anything changed between then and now? Are staff going to uh provide additional uh clarity around that? >> Uh thank you uh Maron through the chair.

00:20:55
Uh yes, we have had the opportunity to uh take a look at the policy and uh get a little more background to present to committee today and uh both uh Mike Dond uh our city clerk and uh Leah Bordili are um head of corporate affairs, sorry, Leah are here uh today as well and can speak further to that policy.

00:21:18
And for everyone’s reference, that’s a policy uh subg and we’ve got that S4 subg. And the question was that we were speaking with as we recessed was the challenge of um members of council having a social media account that was used for both uh their personal uh and election campaign um purposes as well as for city purposes.

00:21:50
And so the what was raised at committee was there was a challenge of uh creating a secondary campaign uh for some members and what could we do to amend the policy to uh to deal with that and so we’ suggested perhaps uh we could end that uh policy at purposes had a chance to go back based on the comments that we’ve heard uh uh yesterday and take a look at that and perhaps I’ll turn it over to uh Leah to speak to that just to to give an idea of where we’ve looked and how we came up with it and where we suggest uh you had with the policy. >> Thanks. And through the chair. So, uh we had a chance to go through um kind of the iterative process of how that policy uh was developed uh with the red line as well as a jurisdictional scan and best practices uh including um some municipalities that have used the integrity commissioner to do a report. what what we have uh determined to be

00:22:47
the most balanced solution for council is one account. We we we understand the feedback that you know um some people don’t have access passwords to their secondary account or it would be hard to start followers again. So one account but very clearly stating in your um profile that this is being used for an election for campaign.

00:23:10
you remove all references to your counselor duties, portfolios, etc. And through that process, so it it it takes effect when you state your intention during the nomination. So it’s either if you do it before that is now your campaign if you’re using one account or after May 1st, May 1st, that’s when the clock would start for that one account.

00:23:35
Uh we want to be clear that this policy what this policy does and does not do. So the use of corporate resources policy is specifically for city funded funded resources. So I think a council member brought up that they may pay for uh platforms on their own have their own kind of um uh process for that.

00:23:51
This is specific to use of corporate res city funded newsletters, city branding, city staff support, logos, etc. So, we won’t, you know, we would recommend going through the integrity commissioner should you have any questions about your personal accounts and how you’re using it.

00:24:10
If you are using something um uh in regards to uh uh your one account for social media for election purposes, that would be your one account. You would no longer post your ward business. If you would like to retweet or reshare city business that we would have on our channels, you absolutely can. The policy does state that we will not be sharing photos of members during that time.

00:24:32
So for instance, a ribbon cutting was brought up. More than happy, the city is more than happy to share information about that business opening or or things that are going around the city, but we would not be showing members because as we talked about for food for feedback, there’s facial recognition.

00:24:48
It just we want to be fair. So that would be not something that we’d be sharing in regards to council members on our our channels during that time. Thank you. Okay, my second question then uh for clarity, thank you for that. So I’ll give you a very specific example. So I have one account. It’s my let’s for argument sake sake say an election account.

00:25:13
The bio changes all that stuff is clear. Can anyone post? Can I post? Can my staff member post about city a city function I attend on that account? >> Uh thank you through the chair. Our recommendation would be no. So it would be strictly city business that are being reshared during that one account in order to create a a delineation between for community members that this is being used for campaign because uh the jurisdictional scan that we did of municipalities big, small and medium.

00:25:50
So, big, medium, and large, sorry. Um, uh, have them actually two accounts and be because you are posting campaign related items, it would be hard for community members to then see your disclaimer at the bottom saying in uh, you know, in my official capacity as council member, ward six, etc.

00:26:06
So, the recommendation is to keep it clean. one account campaign, you would not be sharing uh you know uh activities uh in your uh position as an official member of council during that time. We could the city would be posting information and you could reshare that information, >> but there’s no identifiers in that information like no photo, no name, no nothing.

00:26:29
It’s the city did X or the city did Y >> through the chair. That’s correct. >> Thank you. And if I if I could just follow up on um uh Leah’s answer to the mayor’s question on that point, uh if you looked at uh policy 4 subo, uh that indicates right within the policy itself during the election campaign period, city communication materials, including videos, will not highlight or feature members of council.

00:26:58
So, anything that you’re going to seeing be seeing coming out from communications within the election uh campaign period is going to be uh more uh I’ll describe it as generic uh more factual and certainly that’s not a problem to uh post and and wouldn’t be offside of this policy.

00:27:16
Would not be a problem to post on your social media and wouldn’t be not offside this would not be offside this policy in terms of the policy itself. just to look at the language that we’re suggesting uh for it uh suggested to amend this policy is uh right now uh the policy ends as uh is not related to their duties as an elected official.

00:27:37
Uh we’d recommend keeping that language as opposed to any deletions, but adding an additional sentence that says social media accounts identifying as being used for election campaign purposes may repost the city’s social media posts. So that would uh that would be provide clarity within the policy that uh and uh confirm that even uh a member of a current member of council who is using their social media account for the purposes of campaigning can repost the city social media uh posts within the election period. And just so we’re all on the same page as to the terms we’re using, um, this is within the the policy, the uh, but the policy itself, this policy is applied through the election period, which begins on the day in which a candidates’s nomination papers or third party registration papers are filed and ends on the day that the official

00:28:35
results are certified for the clerk. So that is the election period. Uh when we’re talking about the blackout period, that’s from midnight the day of the last council meeting of the term until midnight of election day. Um that doesn’t really uh factor into the uh the policy uh that much, but I I raise it because it is defined in there.

00:28:55
uh and the campaign period is in accordance with the municipal elections act and that begins on the day in which nomination papers are filed and ends on um December 31st in the case of a regular election assuming we don’t go to to buy elections. So um the differentiation between election period and campa campaign period is election period ends after the official results are posted while the campaign period runs through the end of the year.

00:29:24
Uh lastly, and perhaps this may help answer um other questions, we had the if we can use an example perhaps how this could play out in terms of time periods. So the example we were discussing on Tuesday was attending a ribbon cutting for example. And so before May 1st, there’s no restrictions on that.

00:29:51
counselor may attend and use photos from the event on their social media. After May 1st, one of two things can happen. If, for example, the rib ribbon cutting is on May 2nd and the candidate is not registered yet, there’s no restrictions. The counselor can attend and use photos from the event on their social media. as soon as they become a registered candidate uh after May 1st, the counselor could attend and participate.

00:30:22
Uh but any photos taken by city staff cannot be used in the campaign material or on a social media account identified as a campaign account. So that’s that’s the two two potentials after uh May 1st depending on when the candidate is registered. And uh I I hope that provides an example in terms of timing.

00:30:45
So uh I know that’s a long-winded answer between uh me and and uh members of staff, but I hope that helps some answer some of the questions that we anticipate receiving. >> Councelor Gre. >> Uh thanks for that through the chair. Um, just a question about I I recall the last election all we had to do was change our picture.

00:31:12
Um, so I’m assuming in our social media platforms we cannot use our professional photo that’s taken by the city. We got to scrap that and get our own photos done to replace that sort of photo and headline. Is that that’s still the case? I assume >> through the chair that’s correct. >> Okay.

00:31:33
and then my other questions were basically answered there. So, thank you >> councelor Stolty. >> Thank you. Um, so most of our conversation has revolved around social media which is not a paid resource necessarily. My question goes back to uh newsletters and websites and the question about who has paid for that particular form of communication because they are paid platforms.

00:31:55
So between 2018 and 2022, it seemed as though or sorry leading into the 22 2022 election, it seemed as though there were members of council who were of the understanding that if they had paid for that platform for their website or their newsletter themsel, then they could you continue to use that platform during the election period because it was something that they had covered out of their own personal pocket.

00:32:19
But then it came into question saying that if there was any emails added to the email list that that platform sent out to that had been um inserted or input using corporate resources as in their council assistant and staff of the city that disqualified that platform from being able to be used during election period.

00:32:40
So that’s the clarity I personally need as far as my newsletter and my uh website platform. I am still not clear on whether I can use that, whether I pay for it or if the city has paid for it and where we stand on that. Uh thank you and through the chair perhaps I’ll start uh the use of the city’s resource of a newsletter the city re city resource newsletters that is clearly out covered by this policy and would not be permitted for campaigning unless we as the policy states unless there’s a generic ward um ward 4 newsletter that goes out that’s not identifying you but it’s just a newsletter car uh uh putting out information to the the word W word community. When people are using their own independent personal newsletter service that is outside of corporate

00:33:37
resource uh that is that is their own. However, so not addressed by this policy. But the one thing that I I and I mentioned this in our discussion on Tuesday, this policy is not the only thing that a member of council or someone uh running for election needs to remember and think about. There are other things that you need to think about such as the municipal election act.

00:34:01
Uh and one thing that counselors uh will want to uh consider is that if they’re someone is following their newsletter for ward purposes or for city business purposes and then that newsletter is then used as a campaign for campaign purposes. Then there are anti-PAM considerations that go beyond city resources, >> but are thing are are should be considered by members of council.

00:34:35
Not something the city would necessarily be dealing with, but are are things that you’d have to consider whether or not those individuals that signed up for that are consenting or uh willing to receive campaign information as opposed to individual ward uh city business information. >> And could that be So that’s good.

00:34:55
That’s good information to have. So, could that be uh sorted by sending out a not a newsletter, but just a a information inquiry to say for this time period, this mode of communication is going to turn into more of information regarding the upcoming election. Should you wish to not receive this, please let us know and we’ll take you off the list or something to that effect.

00:35:21
uh through the chair. While that seems reasonable, I would not provide advice to you on that from the city legal perspective because it goes beyond a city legal matter and that’s more into your own individual >> using corporate resources to get that answer. >> So fair. >> So yes, but but I would encourage you to look into that.

00:35:42

Okay, I will look into that. Thank you. >> We’re not in the election period. Okay, just uh just before we go to second time questions, um we’ve all been elected twice at minimum. I plan to do exactly the same things that I’ve always done. What in here, and I didn’t get in any trouble before, what in here has changed in a material way that will cause any concern going forward? uh uh through the chair.

00:36:16
The report itself highlights the proposed updates from the policy that you last had. Uh so there’s there’s a list of things in here and and I can go through them here. Um generally I mean we’ve talked about the food for feedback. Um there’s additional clarity on attendance at city events. Um uh social media.

00:36:40
We talked about um printing and distribution of newsletters. There’s some additional clarification. Um a section entitled access to city information during an election periods been added um to reflect practice and procedure. Um so the report itself sets out those those details and I I think the general comment that staff would have is that even from 2018 even just through two election cycles things continue to change.

00:37:12
Certainly the use of social media for example in 2018 was nowhere near the same now or same then as it is now. So the policies continue to evolve each time to try to address both changes in technology and things that come up uh in election cycles. So that’s the staff’s attempt to capture that in this policy. >> Okay. Um I’m I’m hearing uh from some staff that do support current counselors um that they’re a little bit unclear around how this policy affects their role and that relates to um preparation of communications related to the city where they are allowed to be not allowed to be. you could get into, you know, small minutia of if somebody takes a picture of you, if they’re wearing a badge or not wearing a badge.

00:38:12
Um, I am concerned about staff across our organization at large that they don’t have any additional clarity from this policy around some things they may or may not be asked to do or what may seem routine and then become a non-compliance. So protecting our staff is very important and I’m just wondering what consult did you do with staff to ensure that that they are well prescripted and I will hone in on those of which you know may be closest to the election if you may >> through the chair. So I I can’t uh I can’t speak directly about the consultation that I had with them. I know members of my team comm’s worked closely with members of legislative services to to um meet with staff across the organization and look at other jurisdictions to update the policy so that it’s best reflective of best practices. Um to your point absolutely uh clarity for staff is paramount

00:39:11
especially when it comes to doing their their duties. Uh, I think the suggestion would be anything that’s during city hours, um, is part of their duties as staff. If they’re going to something outside of city hours and and helping with campaigns, they’re not they’re not in their official capacity anymore.

00:39:30
So, they can take those photos, they can attend those things that there’s nothing precluding them from doing that. If additional clarity would be helpful for staff uh about this policy, we’re more than happy to meet with them and walk them through it and answer any questions to support them in their roles.

00:39:46

And to add to that, uh the section six of the policy itself deals with uh city staff. And so uh that uh sets out the requirements that we hope in in a clear manner. In addition to the policy, a toolkit is being prepared to give to staff to help staff understand what their uh responsibilities are and the um uh the details with respect to both carrying out their role as city staff and especially as as you indicate uh chair where that their role as city staff interacts closely with members of council and where that line is. So section six of the policy sets out those requirements and in addition to that there has been uh staff were consulted uh on this and they will be given a toolkit to uh help them on a day-to-day basis understand um how they achieve

00:40:42
compliance with the policy. And then just as a followup, how might that same policy apply to uh some of the positions that we are required to hold through uh the balance of the campaign period which is related to our appointments. So, for example, uh if someone were to be at a uh I’ll just use my own example, art gallery, and then someone is taking a picture, uh a staff person, can that picture be used, or is that now in violation because a staff person of an agency’s boards and commissions has now taken it and now it’s a corporate use because that person happened to be closest and you handed the camera to them. So I I do feel like there is some nuances and I have a feeling there there will be some scrutiny on this election. So uh we do need some more clarity like that toolkit I would have needed to see in better confidence kind of coming out of this >> through the chair the certainly I think

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that there’s an infinite number of examples uh that that will come up and the policy is not meant to be a complete code of this is what happens in every single example because we’d never be able to catalog those. What we do want to uh ensure is that the policy is clear enough that it can be inter we can use it to interpret each situation as it comes up.

00:42:06
And so between the policy that we’ll evaluate any question on and the toolkit given to staff, we’re hopeful that that will provide the clarity that what staff is uh should or should not be doing and then the expectation as set out in the policy. Um certainly as you know we as as Leah noted that uh when working with staff if there’s staff that have questions or uh want to consult with staff on a particular uh uh item staff is certainly open to doing so.

00:42:36
Uh but we we do hope that the both the policy and the toolkit are such that that interpretation uh can be made and and followed. >> Thank you councelor Sherman. Thank you very much for all that. So I I have two social media uh Facebook groups of Facebook. Um one is councelor Paul Shaman.

00:43:02
So I will change that to running uh which I’m going to change that to W five. So then if we have the city wants to post anything they can do that or I should not use that at all. >> Thank you for the question. Sorry just so I’m clear. So you have two Facebook accounts. One is your counselor Paul Charman account and the other is a personal account.

00:43:22

Just me. >> So the recommendation as part of this policy would be if you were turning that into your your campaign account, it’s just Paul Charman running for ward five and that would be your your title. You wouldn’t >> So my personal one would just be Paul Char five. Yeah, >> that is correct. >> And the other one I won’t use at all or I could change the one that’s Paul Shaman W five.

00:43:39
If I take my name off it and just make it W five or then it could post city information. >> The recommendation is no. So either you’re having so through the chair, sorry, thank you for the question. The recommendation is you’re having two separate channels. It’s your it’s your Paul Sherman election camp one or your your city business one.

00:43:58
The recommendation though is during this time as you’re campaigning because of the face and name recognition and the discussions that we had previously at committee of the whole that you would not be um sharing that content as part of your counselor uh um title. You could share it through your your personal newsletter um through not sorry your official city business stuff you could not put through your your a personal uh account.

00:44:22
It would just be campaigning and anything for um your official city business. We are recommending that you don’t share photos of you. >> Yeah. Yeah. But but if there is but but I we do put out ward five information on that on my Paul Shaman Ward five counselor. But if I change the title to just being W five and take my name off it then presumably we can continue the city can continue to post on that my assistant can for important relevant city stuff >> through the chair.

00:44:56
So would you be switching your account from your council account to your war the recommendation? No, no, no. Yes. Sorry. Yes. That I would be taking I’d be taking my Paul Shaman ward counselor. >> Yes. >> To just being W five um W five uh city news, but have nothing to do with me. It would just be city a city staff >> uh through the chair.

00:45:19
So, as we’ve indicated, the the for for those counselors who are going to use a single social media account, it would be appropriate for them to I’ll say retweet or repost um city of Burlington social media uh communications in there. So, so in that case in your uh Facebook account that is going to be not your personal candidate candidate account but the city account then you would be reposting those city announcements without issue.

00:45:55
I think your question though is beyond that. It’s beyond just a reposting of the city uh city whether it’s a you know a tweet or I’m just using that platform for example or I guess you’re using Facebook. So if if there’s a a a city Facebook post that goes out your ward five Facebook account could simply repost that and share that information.

00:46:20
But if your question is beyond that reposting that uh you or your counselor assistant is going to put up additional information that the city is not putting up, I think that’s when you get into a you have to be very careful because if it starts to focus on you as the counselor as opposed to just a an event or something happening in Ward 5 that’s not counselor related, then you start to uh potentially run a foul.

00:46:47

Yeah. No, I was not worried about that. We will only use stuff for that is pertinent to the community that is is published by the city. I have my own. I’ll publish all all the stuff I want. >> Thank you. That’s great. Thank you, >> mayor. >> I’m getting more confused. I’m sorry. Uh let me give you a scenario.

00:47:08
So, uh, somebody keeps their existing social media account and decides not to turn it into campaign account, can that just continue to be used to post city business, including the picture of the person at events, at ribbon cutting, statements from the individual doing their job. uh note noting that the policy does say nothing contained in this policy shall limit or constrain a member of council from exercising their statutory functions uh etc etc.

00:47:40
So if it’s just city account can it just be business as usual? >> Thank you for the question through the chair. So the recommendation is that if if you are willing to have two accounts as some jurisdictions do, our inter our interpretation of of the existing policies that that many um other municipalities follow is that yes, if you are going to create your own new election campaign account and and and um uh uh off of city sorry off of city business hours and not using city resources, create that list again and start and start that list separately for your campaign. then yes there would be a clear delineation between those two accounts. >> So the so one or the other whether you create a separate campaign or just a separate city business it can continue as normal with photos names everything

00:48:37
as as usual. >> Thank you through the chair. >> Separate accounts still very clearly. >> Yeah through the chair. So uh yes that would be that would be a clear delineation of those two accounts. So, uh, as long as as long as that, um, your campaign account was not using city resources, Burlington.

00:48:56
ca, things like that, um, on that campaign existing account that you turned into a campaign account, you could proceed. The where you run into a gray area would be, uh, you would not be able to repost that ribbon cutting, those bench namings, etc. in that time period to your campaign account. That would be a separate account.

00:49:16
So you could not point people to say on your campaign account look what I did uh in my official capacity. So it’ be a separate account. >> Okay. Uh and then um interested in your thoughts around the difference some uh certainly some jurisdictions around us uh many candidates have declared weeks or months ago already.

00:49:38
uh for them the the they can’t spend or raise money but they can certainly do a lot of talking so and posting potentially. So do you have thoughts around if uh if a candidate declares early and happens to be a well how does this policy relate to that? Do the restrictions come into place there or do you kind of have a free for free ride for the few weeks between or months between declaring and the actual nomination? uh through you chair.

00:50:13
Um that’s a difficult situation as well. I think uh so the policy as currently drafted says that it does you know does not say anything about sort of pre-launching your campaign like you said word of mouth things like that. It does it does say at the scope an application that um when um the policies applied to the election period which begins the day when in which a candidates’s nomination papers or third party registrations are filed.

00:50:37
So reading the policy uh verbatim that um it wouldn’t the candidate or the policy wouldn’t apply to anyone just uh you know soft launching their campaign for lack of a better um phrase. >> But in sorry just a f can I have a follow-up chair? Um, so does it start the day somebody files, recognizing someone can file between May 1st or August 21st? And if they choose to register on August 20, does any of this apply to any of them? Is it the day they register or the May 1st or the you you answered about declaring um >> uh through your chair, it is the day that they file papers. So the the day that that they’re as noted as as an official candidate through the city. >> Okay, that’s clear. I need to think about that. >> Okay. So, I’ll just let you all know

00:51:41
that I don’t have any more questions on the board. I’m I’m personally still unclear, so I’m hoping I’ll see that toolkit and if we have to revisit it. Is any is everyone clear or do you need anything? Okay. >> So, I can I can move it. I can ask somebody to move it and we can send it to council, but I I feel some uncertainty.

00:52:05
So, I’m keeping the floor open if anybody wants to do anything about that. Okay. Councelor Schulty, >> just a comment to staff. I’m I’m assuming that this is frustrating for you to hear that it’s still unclear for us. I’m hoping that you appreciate that we are all trying to stay on the right side.

00:52:23
So clarity is for us not wanting to cross lines that we are unintentionally crossing. >> Yeah. Thanks. Thanks, Councelor Stoalty. And I think I think the spirit is here. We’re just trying to apply that to to the policy. So I don’t see any uh councelor Bentovenia >> comment. Well, first of all, thank you for all that you’re doing and uh all the explanations and we can go on here for uh for days actually.

00:52:51
Uh from my standpoint, u we’ve been through this uh three times and I’m sure some of us have been here at least two times. Uh there are going to be questions along the way and I would suggest if anyone has specifics um to bring those up, you know, oneonone I guess or through an email. Uh I know I had lots of questions uh in my uh first unsuccessful run.

00:53:19
I used to just phone somebody and say, “Hey, can I do this?” And uh it was yay or nay. So um thank you for the work and I know it’s difficult and and if it’s if it’s difficult for everyone around this table, could you imagine those people who are trying to get, you know, want to be able to uh run as well.

00:53:41
So, they should have the same opportunity to be able to uh to get a hold of the clerk’s office or communications to get the same information that we’re getting. Thank you. >> Thank you, councelor C. Mayor Midwart. Yeah, I’m just wondering how staff would feel around and I don’t know what you um have come across in your scan of other jurisdictions, but to um to clarify that the the policy begins when you announce and that is standard.

00:54:15
Uh I’ll just say on some of the other boards and committees that I sit on, uh if they have pol I know it’s slightly different, but just hear me out. if they have a policy around we’re a nonpartisan group as soon as you declare for a level of elected office um you need to step down. So the situation just to give you an example when uh at the Ontario big city mayor’s caucus Bonnie Crombi was the uh chair as soon as she announced that she was running our own bylaws and policies required her to step aside.

00:54:46
It wasn’t I mean the the the nomination the filing the winning was I think six months after that. Uh that’s true of AMO as well. Uh the AMO board if you declare that you are intending to seek nomination for another it it starts with the announcement not the filing not the winning none of that. And and it just makes it clear that as soon as you say you’re running you’re effectively running.

00:55:14
So, I’m wondering if um you are open to that modification >> through the chair. Absolutely. We can we can take that back and look at it and and hopefully have some information for next week. >> So, do you want us to amend it now or what would would you like us to do? >> Uh through the chair. I I’ I’d like to take that back and and as you’ve noted that you’ve cited an example, I think we’d like to look at other uh municipal policies to see if there’s any uh any sort of um different approach than what the city’s taken in terms of not just relying on the filing of nomination papers. Part of this is that the pol we’re creating this policy in the context of municipal elections act which sets out is provides some more certainty um on things and and so I mean that the policy itself in in terms of you know its its purpose confirms or its scope confirms that it’s applied through the

00:56:14
election period which begins on the day that it’s the filing of the papers. Um, but the the kind of the teasers that kind of get put out there that someone’s running that certainly uh puts a challenge on uh uh the policy um for for obvious reasons, but that’s something that we can take away and and happy to discuss further at council uh if we suggest any further modifications hearing committee’s comments here today.

00:56:40
And and the one thing I will say is too is I I certainly as staff we appreciate um council’s uh frustration and and maybe frustration is the wrong word, but you know a little bit apprehensiveness in terms of not having a full understanding of the policy and and I think that stems from the fact that each of you as you go through or or not go through uh uh an election campaign uh this election period are going to have times where you’re wondering am I on side or am I offside with a specific example? and and I’ll say it again, the policy can’t cover every single example. It’s going to have to be applied. So, the example will have to come up and then we’ll have to look to the policy to make a ruling on it. So, we’ll try to provide as much clarity as we can in advance uh and and in within the policy itself. But I I I don’t want to elevate expectations to the point of where members of uh council are going to feel that they know exactly what’s going to

00:57:37
happen in every situation because every situation has a different fact scenario and will have to apply it to the policy apply the policy to that situation. So uh we appreciate the apprehensiveness and we’re happy to look into those things you’ve identified here and and come back and speak to it further at council.

00:57:55
I think that would be really helpful and and generally if there’s a question around the policy, I think it would be helpful for everyone to have the answer. I think that’s why we’re spending time here in public on it so that everybody knows what the rules are and plays by the same rules.

00:58:10
The last thing, you know, Yeah, I’m in comment now. I don’t know if I think it’s has it been moved? No. Okay. Can Can you uh So, I’ll I’ll turn it into a question. Can can you or would it be a good idea that when you get these specific questions, you give an answer back to everybody so that we all know well in advance of potentially uh breaking those rules or not having a clarity around those rules so that it’s not up to individuals to kind of interpret.

00:58:42

Uh thank you. And through the chair, that’s something we can certainly look at and come back and speak to. I I I I’d want to go back and speak with our staff to determine what they did last election and what others are doing there to provide you the best possible advice. >> Thank you, >> councelor Stoli.

00:59:00

Thank you, sir. Just one quick comment and it’s direct direct relation to the example that the mayor was just bringing up and I can certainly see from a theoretical perspective that once you declare that may be when this takes effect but to look at it with that fine tooth it’s going to be really difficult to come up with policy that’s accurate because that also includes reelection and I know that I and everyone around this horseshoe has been asked over the last four months now whether we are running for reelection and if any one of us has made a statement to anyone to say yes we are or are considering it. That would have already put us all into that place. So, it’s >> well, if any of us have has have answered that question about that we’re running for reelection, we’re already into that realm. So, it does become difficult to pinpoint when exactly that may may or may not start. So, >> thank you. So, I just want to ask a question about this line of of inquiry, which thank you to the mayor for

00:59:56
raising. So in 2025 of March

01:00:00
blog posted an article with a quote from the mayor or at least a statement of the mayor saying with a confirmed run for mayor in the next election uh 2026 doesn’t look like etc. that is still up, hasn’t been corrected, and was re-shared on what would be, I believe, corporate resource social media.

01:00:18
So, how are you intending to define when is a reelection period or a declaration made? Can it be made by a third party? Uh, can it be made in print? Can it be made verbally? Uh, can it be shared? So, I think you’re you’re tripping into a realm that could be difficult, but I would I would welcome it.

01:00:41
I mean, we could backtrack to March 2025 if we need to if people have declared at that time or uh insinuated a declaration. So, I’m interested to know what parameters staff might be looking at. >> Can I declare a point of privilege here for a moment, please? Thank you. >> Yeah, go for it. I I don’t know what you’re referring to, but I have never declared in in any public forum any intention.

01:01:04
So, uh an inference is is merely that I I can’t I don’t even know what you’re referring to. Uh what I was asking about here was any public declaration uh an announcement which we have seen around all around us. Uh Sean Omira did it, Samira Ali did it. These are public uh confirmed public statements.

01:01:25
Uh statements of I’ll get back to you are not a declaration. So um and I can’t I I can’t speak for what a third party media might interpret from words. Um so I so I don’t know what you’re referring to, but I have not declared any intention to do anything publicly >> through the chair. to answer your question to be most helpful I think based on the line of questioning that we’re receiving right now uh the original the original recommendation was filing of the nomination papers based on the jurisdictional scan that we we did hearing from all of you illuminates that you are looking for more information and and of course you’re going to contemplate that in order to best serve the unique needs of Burlington and what’s going to help this community. So instead of speculating on what we would uh uh uh qualify as um an announcement, I think like we should just take that back and we can provide you more information. >> Thanks. That sounds great. >> Okay. So it’s moved. There’s no

01:02:26
amendments at this time. Looking to call the favor. Fail. Looking to call for those all in favor. >> Give you a favor. You want a favor? >> It does say favor. Yes. >> Well, I I’m I was thinking, did staff do a staffled revision on that one amendment around the social media or are you asking for it to be tabled because then I need to move the d the gavvel over >> uh through you, chair.

01:02:54
I we did suggest some uh alternative language there. Um, I would suggest that given that you’ve had a asked us on a couple points to come back um to council with some potential changes that we make all of those changes in one spot and that be council. So certainly that’s something that will be on our list to recommend to council to change to the policy and if there’s anything else we’ll add to that.

01:03:24
I’d rather I I think it’s cleaner to do it that way rather than amend the policy here once and then potentially council again. >> Okay. So, all those in favor? That carries. Thank you. We are now going to move on to 12.2 city land for affordable housing DGM 1126. And that would be a reminder that councelor Golra has declared an interest for the item and will recuse himself from discussion and voting.

01:03:59
And so I’ll now turn it over to committee members for any questions of staff. Councelor Stoline. Thank you. Um I’m not sure who I’m asking this to. Maybe Steve, but he wasn’t here when the conversation started, but hopefully he’s up to date. Um my questions if if this is a specific ask about endorsing the indwell project concept.

01:04:42
I have been part of this conversation for almost a year and a half and I struggled to find any indication of a process whereby uh forprofit or other not for-profit organizations were approached or engaged in conversation about um a project concept on this land that the city has um gathered together for affordable attainable housing.

01:05:03
So, I’d be curious to know, did I miss something in the conversation over the last year and a half? Were there other organizations that were brought forward as part of this conversation? uh through the chair to the councelor. It’s my understanding that in Q2 Q3 of 2025 uh DGM staff cons with reg consulted with the regional staff to determine suitable or alternative to identify potential partners to work with the city and based on that um analysis that was done by staff and with input from the region, Inwell was identified as one partner who had both the expertise and the capacity to do an affordable housing project on this, but to um I am not aware of any formal RFP or RF or expression of interest request that was sent to V that was made public or sent

01:06:02
to all housing providers. It was based on a conversation between staff and regional staff to identify possible partners and then those partners were approached to determine if they had the capacity or not to do an affordable housing project. Thank you. >> Okay. Was that as a deputy mayor of housing? I was never part of that process or that consideration or conversation at all.

01:06:26
So I’m just wondering how does that process work whereby council members specifically in charge of certain portfolios were were not a part of that conversation. Sorry, as I indicated, unfortunately, it predates me arriving joining the city in September and it was based on the information that was provided to me as to how Inwell was identified and it was based on that process where it was a staff-led discussions with regional staff to identify a short list of suitable or alternative providers and then the conversation with those providers in terms of who or who did not have capacity to deliver. I don’t know if Jamie has any additional uh input or feed history on the matter. Thank you. Sure. Thank you. Apologies. Apologies for being late. Uh let me raise this up a little bit more. Uh so yes, the uh this project is as we all know, it’s

01:07:26
it’s a complex thing to to get off the ground. And uh and one of the things that we know we started with the the region of Halton through their work they had done uh a whole assessment of uh with the nonprofits to to see who was basically willing and able to deliver this type of housing and and they did extensive work.

01:07:51
And I mean really just to cut to the chase, the conclusion of that work was that Indwell was the only nonprofit who who could deliver this type of housing, but more importantly work with all three levels of government, right? Because there are funding uh uh options available on all three levels of government. And that’s where the region landed.

01:08:15
So what we did is we just for all intents and purposes we piggybacked off that work from the region of Halton where we did our own uh engagement and outreach with nonprofits to again see who is able to do this type of work but more importantly for us knowing that we’re using housing accelerator fund money to to work the to handle the land acquisition and so on.

01:08:43
we had that extra level of criteria where we had to see who could do this and also do it within the aggressive timelines of the housing accelerator fund like in terms of spending the money and ultimately we landed at the exact same place as the region of Halton. So so councelor I apologize if uh you were not engaged perhaps both at the regional and the local level but those were the engagements that both levels of government had done to to arrive at this conclusion.

01:09:11

Thank you. So my concern all along has been is that this is a project that has been primarily an indwell regional project that was having hopes to access Burlington’s housing accelerator fund in order to make happen. Could you share what other organizations such as Habitat for Humanity or anybody else who was spoken to for a specific Burlington project? >> Uh correct.

01:09:31
And and Habitat was one of them. And I go back to Oh, now you’re testing my memory here. I think it was a couple years ago I think uh at least at the local level. I can’t speak for the region and how how they did it through uh and with the region it was through their the Halton community safety and and well-being plan if I don’t know if any uh I don’t know who they who the region engaged with but but with for us uh we had a workshop and many of the the players were invited such as Habitat such as Endwell uh I think we had uh home sweet hope and there were there were a variety of others who came in. I I just don’t have the complete list at that at the top of mind. Uh but I think where what gets what gets really tricky with this is many of the nonprofits want to buy a unit in a building that’s

01:10:29
already built and occupy a few units, not building, constructing, managing, operating the entire building. And that’s really where where I end was was set apart. Okay, I appreciate that. I really wish uh actually I guess informed of a question. My request to be included in those uh conversations and workshops in the future because my understanding was is that Habitat for Humanity was very interested and they certainly do build from the ground up.

01:10:58
That’s what they’re known for and that they felt rather uninvolved in the process. Could I please be included next time to make sure that when we’re looking at a Burlington project and using Burlington funds for housing that the deputy mayor of housing is included in that? >> Absolutely. >> We can commit to informing your office and um when these workshops or other events are being held. Thank you.

01:11:22

Thank you. >> Okay. Thank you. Looking for any other questions? Um I have a question and I am uh consulting with the clerk uh back and forth a little bit around what closed uh matters we could go into. So I do have some questions legally coming from uh the delegation and some of the earlier conversation there.

01:11:42
So if you recall the only conversation we’ve had about this particular item is the report the delegations and now this is the first question. So, um I am wondering just if anyone wants to go into closed to ask some pointed legal questions around our legal obligations, uh our legal latitude and um how to affect what this is intending to do.

01:12:04
We’ve just had a pretty big conversation on that. So, I do have questions. So, yes. Okay. So, I think before I I continue with this, it would be my request around the long-term lease, which is a legal document, uh, to go into closed and to speak to our city solicitor uh, with planning. If you don’t mind, I’ll get the clerk to pull up the a section for us.

01:12:31

Yeah, we can recess. Do I have any other public session questions at this time? and we could go back into public when we’re done and continue our questions, which if anything uh explored and closed ought to be in public, I will stop the question and I will say no. We will bring that into uh public.

01:12:48
Um but I’ll turn it over to the city solicitor. >> Sorry, can you do the other closed items while we’re closed? We’re going to recess for five just to just to do some agenda management and to get the right um municipal act clauses under section 239E to make sure that we’re on the right side of this and and I’ll take some consult from the uh commissioner of legislative services and the city solicitor.

01:13:16
Uh thank you chair and that that’s exactly why I raised my hand and and and questioned what are you looking to go into closed in relation to the I’ll call it the second report the legal and legislative services report on the lease into close session in relation to the real estate matter or are you looking to have some solister client advice with respect to the DGM 1126 report just in terms of the timing as to when you would be going into closed and making sure we’re So I think I have questions legal questions on both and and they will relate around um they will relate legally. Do you have questions on both? >> Okay. So let us have a fivem minute recess and we will come back from a fivem minute recess which we’re almost due for anyways. Um and we will let you know the scope of the questions and we can put them squarely into the correct

01:14:14
items using the correct section of the municipal act. Okay, we are now recessed until 2005 please. Okay. So, we are going we uh do wish to

01:23:45
go into close. So, I’m going to read the appropriate sections. So, a reminder for everyone who will be joining us virtually in close session to please ensure you’re alone in the room. And if you cannot be alone, please use headphones so the conversations can be held in closed session confidentiality.

01:24:00
So committee of the whole is proceeding into the closed session in accordance with the following provisions under the municipal act. Section 2392C, a proposed or pending acquisition or disposition of land by the municipality or local board regarding item 8.2 to and section 2392F advice that is subject to solicitor client privilege including communications necessary for that purpose regarding items 12.2 8.

01:24:24
2 2 and 9.1. Can I please have a mover for the motion? Councelor Stoalty. And I will now call the vote. All those in favor, please. Any opposed? And that carries. So we will now go into close session.

03:53:07
In close session, committee discussed the following items. 9.1 Confidential legal advice regarding a breach of solicitor client privileged information. Milcraftoft Golf Course LLS 2026. 12.2 City Land for affordable housing DGM 1126. And 8.2 to real estate matter declaring intent to lease Waterdown Road Properties LL61626.

03:53:40
What did I say? >> Okay, we’re now back to 12.2. 2 and we have a motion to refer 12.2 city land for affordable housing DGM 1126 to the next meeting of council mover. I think we’re going to get these on the board too. No. No. Okay. So, I’ll take a mover for that. Councelor Charman. Thank you.

03:54:14
All those in favor of the referral. The next item I’ll be looking for a mover for referral on is 8.2 real estate matter declaring intent to lease water down road properties. LL61626 a mover please with a reminder that councelor Galra has declared an interest so cannot move councelor stoli thank you very much that’s a referral done all those in favor thank you that carries we’ll also refer 11.

03:54:47
2 two electrical vehicle charging policy and pricing options PW60626 mover council Sherman thank you all those in favor that carries referral for pulled consent item which was 7.6 Six, draft plan of vacant land condominium at 4030 and 4050 Upper Middle Road, DGM1426. Um, councelor Bentinia, I’ll have you move that because you pulled it.

03:55:11
So, referral, >> you can withdraw that. >> No, we have to. >> No, I I still have to dispose of it, but uh >> no problem. >> Moved by councelor Ventania. All those in favor? That carries. uh referral plan referral for 12.1 new site plan control bylaw DGM 1226 moved by councelor Stolty. All those in favor that carries.

03:55:41
Sorry, you still need to do a referral for the confidential item. Did I just say refer confidential items? >> I I say this now. You need to just refer to item 9.1. >> Okay. >> I’m going to refer to council item 9.1 confidential legal advice involving solicitor a breach of solicitor client privileged information golf course LLS0626.

03:56:08
Referral please. Motion. Councelor Galbury. Thank you. >> Right. Okay. Oh, we’re doing perfect here. This is great. >> Yeah, I’m going to call the vote on that. All those in favor, please. Any opposed? And that carries. So, that now concludes our agenda for today from Monday.

03:56:35
And I’ll look for a motion to receive and file information items. Councelor Stoalty. Thank you. All those in favor? Any opposed? Staff comments. Committee comments. I now have a motion to adjurnn, please. Moved by councelor Galbrath. I’ll call the vote. All those in favor. Any opposed? And that does carry. The meeting is adjourned.