Council Special

That the order of the agenda BE AMENDED to consider the closed session items in the following order:  Agenda Item 5.1 Development Charges By-law  Agenda Item 5.4 respecting Niagara Peninsula Conservation Authority Levy Special Regional Council Open Session Minutes CL 10-2019 May 16, 2019 Page 2  Agenda Item 5.2 respecting Niagara Peninsula Conservation Authority Board  Agenda Item 5.3 respecting Former Senior Administration Officials Employment Contracts.

That the Council Agenda CL 10-2019, BE ADOPTED, as amended.

That Council DO NOW MOVE into closed session for the purposes of receiving information of a confidential nature respecting: A Matter Respecting Litigation under s. 239 (2) of the Municipal Act, 2001: Confidential Update on Litigation regarding Development Charges By-law; Special Regional Council Open Session Minutes CL 10-2019 May 16, 2019 Page 3 A Confidential Verbal Update and Legal Advice that is Subject to Solicitor-Client Privilege regarding A Matter of Litigation or Potential Litigation, under s.239(2) of the Municipal Act, 2001: Update pertaining to the decision of the Divisional Court dated April 30, 2019 regarding the City of Hamilton’s application for judicial review of the December 21, 2017, decision of the Mining and Lands Commissioner regarding NPCA levy; A Matter Respecting Litigation and A Matter of Advice that is Subject to Solicitor- Client privilege under s. 239(2) of the Municipal Act, 2001 – A Better Niagara Court Application regarding NPCA Board; and A Confidential Verbal Update Regarding A Matter of Litigation or Potential Litigation under s. 239 (2) of the Municipal Act, 2001 - Update pertaining to litigation concerning Former Senior Administration Officials Employment Contracts.

That Confidential Report CSD 36-2019, dated May 16, 2019, respecting A Matter Respecting Litigation under s. 239 (2) of the Municipal Act, 2001: Confidential Update on Litigation regarding Development Charges By-law, BE RECEIVED for information.

1. That the Confidential Verbal Update and Legal Advice that is Subject to Solicitor-Client Privilege regarding A Matter of Litigation or Potential Litigation, under s.239(2) of the Municipal Act, 2001: Update pertaining to the decision of the Divisional Court dated April 30, 2019 regarding the City of Hamilton’s application for judicial review of the December 21, 2017, decision of the Mining and Lands Commissioner regarding NPCA levy, BE RECEIVED; and 2. That external legal counsel BE AUTHORIZED to proceed as directed in closed session.

That the Confidential Verbal Update Regarding A Matter of Litigation or Potential Litigation under s. 239 (2) of the Municipal Act, 2001 - Update pertaining to litigation concerning Former Senior Administration Officials Employment Contracts, BE RECEIVED for information.

1. That Confidential Memorandum CL-C 40-2019, dated May 16, 2019, respecting A Matter Respecting Litigation and A Matter of Advice that is subject to Solicitor-Client Privilege under s. 239(2) of the Municipal Act, 2001 – A Better Niagara Court Application regarding NPCA Board, BE RECEIVED; and 2. That the Regional Chair and Acting Chief Administrative Officer BE DIRECTED to begin discussions and negotiations with Hamilton and Haldimand regarding the composition of the NPCA Board. Clause 1 was considered separately as follows: 1. That Confidential Memorandum CL-C 40-2019, dated May 16, 2019, respecting A Matter Respecting Litigation and A Matter of Advice that is subject to Solicitor-Client Privilege under s. 239(2) of the Municipal Act, 2001 – A Better Niagara Court Application regarding NPCA Board, BE RECEIVED.

That the following Bill BE NOW READ and DO PASS: Bill 2019-46 A by-law to adopt, ratify and confirm the actions of Regional Council at its special meeting held on May 16, 2019.