Council

That Shawn Rapone, Owner, CMI Heavy Industry, and Vice-Chair of the Niagara Industrial Association, and Rodney Gill, Goodmans LLP, BE PERMITTED to appear before Council as individual delegates respecting Regional Development Charges By-law.

That Council Agenda CL 15-2021, BE ADOPTED, as amended.

That Minutes CL 12-2022 being the Open Session minutes of the Regional Council meeting held on Thursday, June 23, 2022, and Minutes CL 13-2022 being the Open Session minutes of the Special Regional Council meeting held on Thursday, June 30, 2022, BE ADOPTED.

That the following items BE RECEIVED for information: CL-C 106-2022 A memorandum from K. Ashbridge, Supervisor Waste Management Collection & Diversion Operations, dated July 21, 2022, respecting Amendment to By-law No. 2022-32, being a By-law to Regulate the Use of the Waste Management System for The Regional Municipality of Niagara. CL-C 107-2022 A memorandum from B. Hutchings, Senior Tax & Revenue Analyst, dated July 21, 2022, respecting 2022 Development Charges By-law Update. CL-C 108-2022 A memorandum from A.-M. Norio, Regional Clerk, dated July 21, 2022, respecting Notice of Procedural By-law Amendment. CL-C 109-2022 A letter from P.J. Harrington, Aird & Berlis LLP, dated July 18, 2022, respecting 2022 Development Charges By-law Update (Agenda Item No. 9.1.2 - CL-C 107- 2022). CL-C 110-2022 A letter from T. Collins, President, LANDx Developments Ltd., dated July 20, 2022, on behalf of Cytec Lands, respecting Proposed Changes to RDC Brownfield Reduction Program. CL-C 111-2022 A letter from T. Collins, President, LANDx Developments Ltd., dated July 20, 2022, on behalf of Downing Street (Artisan Ridge), respecting Proposed Changes to RDC Brownfield Reduction Program. CL-C 112-2022 A memorandum from A.-M. Norio, Regional Clerk, dated July 21, 2022, respecting Appointment of Deputy Regional Clerk.

That Minutes PBLRC 4-2022 being the Open Session minutes of the Procedural By-law Review Committee meeting held on Monday, July 4, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED. 10.1.1 Minute Item 5.1 Respecting Referral of Correspondence Item PBLRC-C 10-2022 – Procedural By-law Amendments The motion contained in Minute Item 5.1 was considered separately as follows: That Correspondence Item PBLRC-C 11-2022, being a memorandum from A.-M. Norio, Regional Clerk, dated July 4, 2022, respecting Referral of Correspondence Item PBLRC-C 10-2022 – Procedural By-law Amendments, BE RECEIVED; and That the following amendments to the Procedural By-law BE APPROVED: 1. The addition of the following definitions to Section 1.1: “Delegation”: means information provided to a Committee or Council in person, or over video conference, by an individual or group, on an issue already on an agenda of Committee or Council, or which is within the jurisdiction and mandate of Committee or Council to take action on. “Presentation”: means information presented to Committee or Council in person, or over video conference, by an individual or group, on an issue which typically does not require any action to be taken by Committee or Council and or a presentation by staff related to an item on an agenda. 2. The following wording be added to Sections 11 and 22: Items or matters will not be added to the agenda of a Standing Committee or Council after publication unless directed by the Reg

That the motion BE AMENDED to remove Section 13.13 (f) as follows: (f) in exceptional circumstances, notwithstanding Sections 13.1, 13.2, and 13.5, where the CAO, Clerk and Legal Counsel determine, in consultation with the Regional Chair/Committee Chair, acting reasonably, that a person requesting to be a delegate at a meeting is likely to engage in unreasonable or offensive conduct, make unreasonable or offensive statements or demands, repeatedly speak on a subject matter that is not within the Region’s jurisdiction, or otherwise misuse the privilege of addressing Committee or Council.

That Minutes PWC 6-2022 being the Open Session minutes of the Public Works Committee meeting held on Tuesday, July 12, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED, save and except Minute Item 9.2.

That Minutes PHSSC 7-2022 being the Open Session minutes of the Public Health & Social Services Committee meeting held on Tuesday, July 12, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED.

That Minutes CSC 7-2022 being the Open Session minutes of the Corporate Services Committee meeting held on Wednesday, July 13, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED, save and except Minute Item 9.1. 10.4.1 Minute Item 5.2 Respecting Brownfield Development Charges Reduction Program Grandfathering Provision The motion contained in Minute Item 5.2 was considered separately as follows: That Report CSD 34-2022, dated July 13, 2022, respecting Brownfield Development Charges Reduction Program Grandfathering Provision, BE RECEIVED and the following recommendation BE APPROVED: 1. That brownfield remediation costs BE GRANTED to developers in accordance with the Incentives Policy as approved by Council rather than through an extension of the current Brownfield Reduction Program in the DC By-law. Regional Council Open Session Minutes CL 14-2022 July 21, 2022 Page 13

That the motion BE AMENDED as follows: 1. That Regional Council APPROVE Niagara Region representation on the Niagara Peninsula Conservation Authority Board to be eight (8) members; 2. That the eight (8) members BE COMPRISED of six (6) Regional Councillors and two (2) members of the public.

That Correspondence Item CSC-C 18-2022 respecting Recommendations for Consideration from the Regional Development Charges Policy Task Force meeting held on June 30, 2022, and the proposed amendment, BE

That Minutes PEDC 6-2022 being the Open Session minutes of the Planning & Economic Development Committee meeting held on Wednesday, July 13, 2022, BE RECEIVED and the recommendations contained therein BE APPROVED.

That Report CAO 8-2022, dated July 21, 2022, respecting Moving Transit Forward: Update on Municipal Transfer Agreements, BE RECEIVED and the following recommendations BE APPROVED: 1. That all Regional transit assets and agreements related to inter- municipal transit BE TRANSFERRED from the Region to the Niagara Transit Commission (NTC) through the Municipal Transfer Agreement to be entered into between the Region, the Cities of St. Catharines, Niagara Falls, Welland and the NTC; 2. That the Region AUTHORIZES the transfer of any transit facility buildings owned by the Cities of St. Catharines, Niagara Falls, Welland, respectively that are designated for transfer within the Municipal Transfer Agreement, to the Region, on such terms and conditions as may be negotiated by the Chief Administrative Officer and in a form satisfactory to the Director of Legal and Court Services; 3. That the Chief Administrative Officer BE AUTHORIZED to complete negotiations as outlined in this report necessary to finalize: (a) the Municipal Transfer Agreement with the Cities of St. Catharines, Niagara Falls and Welland; and the NTC, to affect the transfer of transit assets, projects “in flight” for future assets, related debt, reserves, provincial funding and funding agreement responsibilities, contracts and personnel, including any amendments and documents required to reflect updates to schedules to be completed prior to closing December 31, 2022; (b) any ancillary agreements or documents as may be

That the motion respecting Active Transportation and Migrant Workers, BE

That Council DO NOW MOVE into closed session for the purposes of receiving information of a confidential nature respecting: A Matter Regarding a Proposed Disposition of Lands by the Municipality and A Matter of Commercial Information, which if disclosed could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization, under s. 239(2) of the Municipal Act, 2001 - 2021-RFP- Regional Council Open Session Minutes CL 14-2022 July 21, 2022 Page 23 209 Disposition or Lease of Niagara Region owned Material Recycling Facility (MRF) and Provision of Recycling Processing Services; A Matter of Legal Advice Subject to Solicitor-Client Privilege pursuant to Section 239(2)(f) of the Municipal Act: Moving Transit Forward – Update regarding Legal considerations related to negotiation of employment matters in the Municipal Transfer Agreement; and A Matter of Legal Advice Subject to Solicitor-Client Privilege pursuant to Section 239(2)(f) of the Municipal Act in respect of Report CSD 36-2022

That Confidential Report CSD 36-2022, dated July 13, 2022, respecting A Matter Regarding a Proposed Disposition of Lands by the Municipality and A Matter of Commercial Information, which if disclosed could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization, under s. 239(2) of the Municipal Act, 2001 - 2021-RFP-209 Disposition or Lease of Niagara Region owned Material Recycling Facility (MRF) and Provision of Recycling Processing Services, BE RECEIVED; and That staff PROCEED as directed in closed session.

That Closed Session Minutes CSC 7-2022, July 13, 2022, and Closed Session Minutes PWC 6-2022, July 12, 2022, BE ADOPTED.

That Confidential Report CAO 9-2022, dated July 21, 2022, respecting A Matter of Legal Advice Subject to Solicitor-Client Privilege pursuant to Section 239(2)(f) of the Municipal Act, 2001: Moving Transit Forward – Update regarding Legal considerations related to negotiation of employment matters in the Municipal Transfer Agreement, BE RECEIVED; and That staff PROCEED as directed in closed session.

That Confidential Memorandum CL-C 105-2022, dated July 21, 2022, respecting A Matter of Legal Advice Subject to Solicitor-Client Privilege pursuant to Section 239 (2) (f) of the Municipal Act, 2001, in respect of Confidential Report CSD 36-2022, BE RECEIVED for information.

That the following Bills BE NOW READ and DO PASS: Bill 2022-50 - A by-law to expropriate lands required for municipal purposes (6811Reixinger Road, City of Niagara Falls). Regional Council Open Session Minutes CL 14-2022 July 21, 2022 Page 26 Bill 2022-51 - A by-law to authorize the borrowing upon instalment debentures in the aggregate principal amount of $30,768,000.00 (5 year instalment debentures in the principal amount of $608,000.00 and 10 year instalment debentures in the aggregate principal amount of $30,160,000.00) for capital works of the Cities of St. Catharines and Welland. Bill 2022-52 - A by-law to authorize the borrowing upon 10 year instalment debentures in the aggregate principal amount of $15,138,000.00 for capital works of The Regional Municipality of Niagara. Bill 2022-53 - A by-law to authorize the borrowing upon instalment debentures in the aggregate of the principal amounts authorized by By-law No. 2022-51 and By-law No. 2022-52 in the principal amount of $45,906,000.00 (5 year instalment debentures in the principal amount of $608,000.00 and 10 year instalment debentures in the aggregate principal amount of $45,298,000.00) and for the issuing of one series of instalment debentures therefor. Bill 2022-54 - A by-law to amend By-law 89-2000 To Provide for the Regulation of Traffic on Regional Highways (Speed Reduction Regional Road 73 Fly Road in the Town of Lincoln). Bill 2022-55 - A by-law to amend By-law 89-2000 To Provide for the Regulation of Traffic O