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Council Minutes
Date: November 2-3, 2020
Time: 7:00 p.m.
Location: Council Members (in Chambers or MS Teams) I Members of
the Public (MS Teams)
Present Were: Mayor A. Foster
Present Via Electronic Councillor G. Anderson, Councillor R. Hooper, Councillor
Means: J. Jones, Councillor J. Neal, Councillor M. Zwart
Regrets: Councillor C. Traill
Staff Present: J. Gallagher, M. Chambers
Present Via Electronic A. Allison, G. Acorn until 11:05 p.m., R. Albright until 11:05 p.m,
Means: S. Brake until 11:05 p.m, F. Langmaid, R. Maciver, M. Marano
until 11:05 p.m, T. Pinn until 11:05 p.m,
1. Call to Order
Mayor Foster called the meeting to order at 7:00 p.m.
2. Moment of Reflection
Councillor Anderson led the meeting in a moment of reflection.
3. Land Acknowledgement Statement
Councillor Anderson led the meeting in the Land Acknowledgement Statement.
4. Declaration of Interest
Councillor Jones declared an indirect interest on Item 1 c of the General
Government Committee Report regarding Ambulatory Services at Ajax Pickering
Hospital.
Councillor Neal declared an indirect interest on Item 1 g of the General Government
Committee Report - Section 18.1 of Report CAO-020-20 - Clarington Response to
COVID-19.
Clarington
S. Announcements
November 2-3, 2020
Council Minutes
Members of Council announced upcoming community events and matters of
community interest.
6. Adoption of Minutes of Previous Meeting(s)
6.1 Minutes of a regular meeting of Council dated October 13, 2020
6.2 Minutes of a special meeting of Council dated October 26, 2020
Resolution # C-421-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the minutes of the regular meeting of the Council held on October 13, 2020, be
approved; and
That the minutes of the special meeting of the Council held on October 27, 2020, be
approved.
Carried
7. Presentations
7.1 Susan Siopis, Commissioner, Works, and Gioseph Anello, Director, Waste
Management Services, Region of Durham, regarding Waste Diversion and the
Organics Management Project
Susan Siopis, Commissioner, Works, and Gioseph Anello, Director, Waste
Management Services, Region of Durham, were present via electronic means
regarding Waste Diversion and the Organics Management Project. They made a
verbal presentation to accompany an electronic presentation. Ms. Siopis thanked
the Members of Council for the opportunity to address Council. She noted that
there have been several updates to Regional Council since the last update to
Clarington and they are looking to provide some of that information. Mr. Anello
explained that a review was done in 2018 of the composition of Durham Region's
residential waste, and he noted the cost of processing waste at the Durham York
Energy Centre (DYEC). He reviewed the drivers for managing organic waste which
includes both the Durham Region and the market drivers. Mr. Anello added that the
Region of Durham has recently declared a climate change emergency. He
explained what is included in the mixed waste, pre-sort and anaerobic and reviewed
the objectives of this process. Mr. Anello continued by providing an overview of
the Anaerobic Digestion process and the various steps involved. He reviewed the
digestate management and noted it can be used as liquid fertilizer. He added that
the Ministry of the Environment has guidelines for fertilizers but noted they do not
have guidelines for facility separated organics. Mr. Anello stated that no digestate
will go to the DYEC. He continued by providing an overview on renewable natural
gas and it's uses. Mr. Anello addressed some of the concerns and issues with the
mixed waste pre-sort AD project. He concluded by reviewing the impacts on the
DYEC and noted that this will not increase the amount of garbage going to the
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DYEC. Mr. Anello and Ms. Siopis answered questions from the members of
Council.
Resolution # C-422-20
Moved by Councillor Hooper
Seconded by Councillor Neal
That the presentation of Susan Siopis, Commissioner, Works, and Gioseph Anello,
Director, Waste Management Services, Region of Durham, regarding Waste
Diversion and the Organics Management Project, be received with thanks; and
That the Region of Durham be requested to respond to Linda Gasser's questions.
Carried
7.2 Carlyle Khan, Deputy General Manager (Acting), Solid Waste Management
Services, City of Toronto, regarding the City of Toronto's experience with
Anaerobic Digestion
Carlyle Khan, Deputy General Manager (Acting), Solid Waste Management
Services, City of Toronto, was present via electronic means regarding the City of
Toronto's experience with Anaerobic Digestion. He made a verbal presentation to
accompany an electronic presentation. Mr. Khan reviewed the City of Toronto's
organics processing facilities and noted that they have a third facility on the
way. He provided an overview of the organic waste process. Mr. Khan highlighted
the estimated green house gas reductions with the additional facility. He reviewed
how they compare with the Durham Region with respect to waste composition. Mr.
Khan explained that there continues to be a global climate crisis and noted the City
of Toronto has declared a Climate Emergency. He explained that there is a
convergence of three global issues and reviewed these issues. Mr. Khan answered
questions from the Members of Council.
Resolution # C-423-20
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the presentation of Carlyle Khan, Deputy General Manager (Acting), Solid
Waste Management Services, City of Toronto, regarding the City of Toronto's
experience with Anaerobic Digestion, be received with thanks.
Carried
7.3 Ruben Plaza, Corporate Environmental Manager, St Marys Cement & Bridget
Mills, Senior Environmental Engineer, BCX Environmental Consulting,
regarding St. Marys Cement, Alternative Low Carbon Fuels Environmental
Compliance Approval Amendment
Ruben Plaza, Corporate Environmental Manager, St Marys Cement (SMC) and
Bridget Mills, Senior Environmental Engineer, BCX Environmental Consulting, were
present via electronic means regarding St. Marys Cement, Alternative Low Carbon
Fuels Environmental Compliance Approval Amendment. They made a verbal
presentation to accompany and electronic presentation. Mr. Plaza reviewed the
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definition of an alternative low carbon fuel (ALCF). He provided some background
information on ALCF and explained how they are used in cement production. Mr.
Plaza summarized the environmental benefits and noted Clarington and SMC share
the same common objectives. Ms. Mills noted that their objective is to address the
questions and comments from the October 26, 2020, Planning and Development
Committee meeting. She provided an overview of the 2023 SO2 POI Standards
and how that SMC will meet the 2023 SO2 standards. Ms. Mills explained why SO2
emissions are not prorated in the ESDM report and why the SO2 emission rate was
highest during the use of alternative fuels. She continued by reviewing the kiln
emissions while using ALCF and why the emissions of PM, NOX, NH3 and CO are
not prorated in the ESDM Report. Ms. Mills reviewed the nitrogen oxides and air
quality standards and explained why the Ministry POI limits were used instead of
CAAQS. She continued by reviewing the particulate matter source testing results
and noted why the PM emissions were higher when ALCF was used. Ms. Mills
answered the question of why the dioxins and furans emissions are higher when
ALCF is used. She concluded by answering why SMC isn't conducting more
ambient air monitoring or using carbon injections. Mr. Plaza and Ms. Mills
answered question from the Members of Council.
Resolution # C-424-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the presentation of Ruben Plaza, Corporate Environmental Manager, St Marys
Cement & Bridget Mills, Senior Environmental Engineer, BCX Environmental
Consulting, regarding St. Marys Cement, Alternative Low Carbon Fuels
Environmental Compliance Approval Amendment, be received with thanks; and
That St Marys Cement be requested to provide a written response to the Wendy
Bracken's questions asked at the October 26, 2020 Planning and Development
Committee meeting.
Carried as Amended, see following motion
Resolution # C-425-20
Moved by Councillor Anderson
Seconded by Councillor Neal
That the foregoing Resolution be amended by adding the following at the end:
"That St Marys Cement be requested to advise, in writing, on the
discrepancy on the PM 25 reporting."
Carried
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7.4 Hamish Corbett-Hains, Associate, Dillon Consulting Limited, regarding St.
Marys Cement, Alternative Low Carbon Fuels Environmental Compliance
Approval Amendment — Air Quality Advisor Comments
Hamish Corbett-Hains, Associate, Dillon Consulting Limited, was present via
electronic means regarding St. Marys Cement, Alternative Low Carbon Fuels
Environmental Compliance Approval Amendment — Air Quality Advisor Comments.
He made a verbal presentation to accompany and electronic presentation. Mr.
Corbett-Hains provided an overview of Dillon Consulting Limited's role, which
included supporting the Municipality. He reviewed the qualifications of the project
team, and the overall review methodology and highlighted the studies
reviewed. Mr. Corbett-Hains continued explaining the variables affecting cement
kiln emissions and emissions estimation best practices. He reviewed the SMC
conclusions on ALCF, impacts on emissions, and the other available testing on
ALCF impacts on emissions. Mr. Corbett-Hains reviewed two other areas that were
of a concern including the air quality criteria and dioxins and furans. He concluded
by advising they have reviewed the recommendations from Municipality of
Clarington and noted that they agree with the recommendations and added that the
Municipality consider a real time ambient air monitoring network. Mr. Corbett-Hains
answered questions from the Members of Council.
Resolution # C-426-20
Moved by Councillor Zwart
Seconded by Councillor Hooper
That the presentation of Hamish Corbett-Hains, Associate, Dillon Consulting
Limited, regarding St. Marys Cement, Alternative Low Carbon Fuels Environmental
Compliance Approval Amendment — Air Quality Advisor Comments, be received
with thanks.
Carried
Recess
Resolution # C-427-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the Council recess for 10 minutes.
Carried
The meeting reconvened at 9.57 p.m. with Mayor Foster in the Chair.
8. Delegations
None
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9. Communications — Receive for Information
9.1 Confidential Memo from Ron Albright, Manager of Infrastructure, regarding
Port Granby Low Level Waste Facility — Disposal of Wastewater Treatment
Plant Residual Waste
Resolution # C-428-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That Correspondence Item 9.1, Confidential Memo from Ron Albright, Manager of
Infrastructure, regarding Port Granby Low Level Waste Facility — Disposal of
Wastewater Treatment Plant Residual Waste, be received for information.
Carried
10. Communications — Direction
10.1 Susan Siopis, P.Eng., Commissioner, Works, and Gioseph Anello, M.Eng.,
P.Eng., PMP, Director, Waste Management Services, regarding Mixed Waste
Pre -Sort and Anaerobic Digestion (AD) Facility in the Municipality of
Clarington
Resolution # C-429-20
Moved by Councillor Anderson
Seconded by Councillor Jones
That Correspondence Item 10.1 from Susan Siopis, P.Eng., Commissioner, Works,
and Gioseph Anello, M.Eng., P.Eng., PMP, Director, Waste Management Services,
regarding Mixed Waste Pre -Sort and Anaerobic Digestion (AD) Facility in the
Municipality of Clarington, be received; and
That the Region of Durham be requested to provide a written response to Ms.
Gasser's concerns and any further written submissions received, with the
responses being copied to the Members of Clarington Council.
Carried
10.2 Linda Gasser regarding Mixed Waste Pre -Sort and Anaerobic Digestion (AD)
Facility in the Municipality of Clarington (Agenda Item 10.1)
Resolution # C-430-20
Moved by Councillor Hooper
Seconded by Councillor Zwart
That correspondence Item 10.2 from Linda Gasser regarding Mixed Waste Pre -Sort
and Anaerobic Digestion (AD) Facility in the Municipality of Clarington, be received;
and
That Ms. Gasser be thanked for her submission and advised of the action's taken
on Agenda Item 10.1.
Carried
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Council Minutes
11. Committee Reports
11.1 Advisory Committee Reports
11.1.1 Minutes of the Agricultural Advisory Committee dated October 8, 2020
11.1.2 Minutes of the Accessibility Advisory Committee dated October 7, 2020
11.1.3 Minutes of the Newcastle Arena Board dated October 13, 2020
11.1.4 Minutes of the Active Transportation and Safe Roads Advisory Committee
dated September 9, 2020
11.1.5 Minutes of the Clarington Heritage Committee dated October 20, 2020
Resolution # C-431-20
Moved by Councillor Jones
Seconded by Councillor Anderson
That Advisory Committee Report Items 11.1.1 to 11.1.5, be approved.
Carried
11.2 General Government Committee
11.2.1 General Government Committee Report of October 19, 2020
Resolution # C-432-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the recommendations contained in the General Government Committee
Report of October 19, 2020 be approved on consent, with the exception of items 1 c,
1 g, 1 h, 6, 8 and 11.
Carried
Item 1c - Sarah Moore, Acting Manager of Legislative Services/Deputy Clerk,
Town of Ajax, Regarding Support of Ambulatory Services at Ajax Pickering
Hospital
Councillor Jones declared an indirect interest in Item 1 c of the General Government
Committee Report, as she is an employee of Lakeridge Health. Councillor Jones
muted her audio and video and refrained from discussion and voting on this matter.
Resolution # C-433-20
Moved by Councillor Neal
Seconded by Councillor Zwart
That Correspondence from Sarah Moore, Acting Manager of Legislative
Services/Deputy Clerk, Town of Ajax, Regarding Support of Ambulatory Services at
Ajax Pickering Hospital, be received for information.
Carried
Councillor Jones returned to the meeting.
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Council Minutes
Item 1 g - Clarington Response to COVID-19
Councillor Neal declared an indirect interest on Item 1 g of the General Government
Committee Report (Section 18.1 of Report CAO-020-20) as he is a member of
Autism Home Base Durham. Councillor Neal muted his audio and video and
refrained from discussion and voting on this matter.
Resolution # C-434-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Report CAO-020-20 be received for information.
Carried
Councillor Neal returned to the meeting.
1 h - Organization Structure Review Update
Resolution # C-435-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report CAO-021-20 be received for information.
Carried
Item 6 - Community Funding Program
Resolution # C-436-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report CSD-009-20 be received;
That the Community Funding Program, as outlined in Attachment 1 of Report
CSD-009-20, be approved;
That Council direct staff to review applications and recommend funding to the CAO
for approval following the recommendations made by the Funding Review
Committee;
That staff report annually to Council with the details on the funding provided to the
community agencies; and
That all interested parties listed in Report CSD-009-20 and any delegations be
advised of Council's decision.
Carried
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November 2-3, 2020
Council Minutes
Item 8 - Health Benefit Program 2020 Renewal of ASO and Non-ASO
Resolution # C-437-20
Moved by Councillor Neal
Seconded by Councillor Jones
That Report COD-019-20 be received;
That the Health Benefit Programs be renewed with Sun Life, to November 1, 2021
at an overall net decrease of 4.4 per cent, with the realized surplus from the current
year to remain in the Municipal reserve fund; and
That the Library be advised of the renewal program, and that they continue to be
invoiced for their portion of the benefit program as applicable.
Carried
Item 11 - Off -Leash Dog Park
Resolution # C-438-20
Moved by Councillor Neal
Seconded by Councillor Jones
Whereas 57% of Canadian households own pets;
And whereas the Dave Boyd Memorial Off Leash Dog Park in South Bowmanville
has been well -used since its inception in 2012;
And whereas due to COVID-19 more Bowmanville residents are working from home
and using local parks more on a daily, rather than weekend -only basis, including
the off -leash dog park;
And whereas it is expected that many residents will continue to work from home or
work reduced office hours for the foreseeable future as a result of COVID-19;
And whereas the existing off leash facility in Bowmanville is not sufficient to address
the influx of residents and their dogs from the five new residential developments in
Bowmanville (Modo, Lakebreeze East, Lakebreeze West, Brookhill, Camp 30 and
Soper Springs).
Now therefore be it resolved that Staff report back, at the General Government
Committee meeting of November 9, 2020 on:
1. Including the cost of an off -leash dog park in North Bowmanville in the
2021 budget;
2. Possible park locations, including preference to the following:
a. The north end of the former Bowmanville Zoo lands
b. Adjacent to Camp 30
c. In the vicinity of Concession Road 3 and Liberty Street; and
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Council Minutes
3. Including, as a Schedule B option, LED lighting for the new off leash
dog park to be operated via user -activated timer buttons.
Yes (2): Councillor Jones, and Councillor Neal
No (4): Mayor Foster, Councillor Anderson, Councillor Hooper, and Councillor Zwart
Absent (1): Councillor Traill
Motion Lost on a recorded vote (2 to 4), see following motions
Resolution # C-439-20
Moved by Councillor Jones
Seconded by Councillor Zwart
That the foregoing Resolution #C-438-20 be amended by adding as number 4:
"4. Including, as a Schedule B option, LED Lighting for the existing Courtice
and Bowmanville off leash dog parks."
Carried
The foregoing Resolution #C-438-20 was then put to a recorded vote and lost.
Resolution # C-440-20
Moved by Councillor Neal
Seconded by Councillor Jones
That the costing of a new off leash dog park in North Bowmanville and LED
Lighting, be referred to the 2021 Budget.
Carried as Amended, see following motions
Resolution # C-441-20
Moved by Councillor Jones
Seconded by Councillor Neal
That the foregoing Resolution #C-440-20 be amended by adding the following at
the end:
"That the LED lighting for the existing off leash dog parks be included as a
Schedule B option; and
That the LED lighting for the new proposed off leash dog park, be costed."
Carried
The foregoing Resolution #C-440-20 was then put a vote and carried as amended.
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Council Minutes
11.3 Planning & Development Committee
11.3.1 Planning and Development Committee Meeting of October 26-27, 2020
Resolution # C-442-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That the recommendations contained in the Planning and Development Committee
Report of October 26-27, 2020 be approved on consent,
Carried
12. Staff Reports
12.1 Report LGS-002-20 - Appointment of Municipal Clerk
Resolution # C-443-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Report LGS-002-20 be received;
That June Gallagher be appointed as Municipal Clerk; and
That the draft By-law, appointing June Gallagher as Municipal Clerk and repealing
previous appointment by-laws (Attachment 1 to Report LGS-002-20), be approved.
Carried
13. Business Arising from Procedural Notice of Motion
None
14. Unfinished Business
14.1 Report EGD-006-20 - Cedar Crest Beach Rd and West Beach Rd Berm Review
and Estimates (Tabled from the May 25, 2020 Council Meeting)
Resolution # C-444-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That Resolution #GG-113-20 regarding EGD-006-20, regarding Cedar Crest Beach
Rd and West Beach Rd Berm Review and Estimates, be lifted from the table.
Carried
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Council Minutes
The following Resolution was now before Council:
That Report EGD-006-20 be received;
That no further flood mitigation work be undertaken on West Beach Rd at this time;
and
That all interested parties listed in Report EGD-006-20 and any delegations be
advised of Council's decision.
Resolution # C-445-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That Resolution #GG-113-20 regarding Report EGD-006-20, Cedar Crest Beach
and West Beach Road Berm, be referred to the November 30, 2020 General
Government Committee meeting.
Carried
14.2 Resolution #GG-379-20 - Anaerobic Digestor (Referred from the October 19,
2020 General Government Committee Meeting)
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Moved by Councillor Neal
Seconded by Councillor Jones
That Clarington proceed with the Arbitration phase with the Durham Region on the
Anaerobic Digestor dispute.
Carried as Amended, later in the meeting, following closed session
Resolution # C-447-20
Moved by Councillor Zwart
Seconded by Councillor Anderson
That the foregoing Resolution #C-446-20 be referred to the end of the Agenda to be
considered during Closed Session.
Carried
Suspend the Rules
Resolution # C-448-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That the Rules of Procedure be suspended to extend the meeting to 12.00 a.m.
Carried
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14.3 Memo from Amy Burke, Acting Manager — Special Projects, Planning &
Development Services, regarding St. Mary's Cement, Alternative Low Carbon
Fuels Environmental Compliance Approval Amendment - Comments from
Dillon Consulting Limited, Air Quality Advisor
Resolution # C-449-20
Moved by Councillor Neal
Seconded by Councillor Hooper
That the briefing prepared by Dillon Consulting Limited, dated October 23, 2020 be
submitted to the Ministry of Environment, Conservation and Parks as additional
comments from the Municipality of Clarington on St. Marys Cement's Alternative
Low Carbon Fuel Environmental Compliance Approval Amendment application; and
That Municipal Staff be requested to work with MECP and industry (e.g. SMC,
DYEC) to set up a real-time air quality monitoring network within the Municipality.
Carried
14.4 Memo from Andy Allison, Chief Administrative Officer, regarding Non -
Affiliated Staffing Levels
Resolution # C-450-20
Moved by Councillor Anderson
Seconded by Councillor Zwart
That that Memo from Andy Allison, Chief Administrative Officer, regarding
Non -Affiliated Staffing Levels, be received for information.
Carried
14.5 Memo from Andy Allison, Chief Administrative Officer, regarding Spry Avenue
Property Disposition
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Moved by Councillor Zwart
Seconded by Councillor Hooper
That the Memo from Andy Allison, Chief Administrative Officer, regarding Spry
Avenue Property Disposition, be received for information.
Carried
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Council Minutes
14.2 Resolution #GG-379-20 - Anaerobic Digestor
Closed Session
Resolution # C-452-20
Moved by Councillor Anderson
Seconded by Councillor Hooper
That, in accordance with Section 239 (2) of the Municipal Act, 2001, as amended,
the meeting be closed for the purpose of discussing a matter that deals with
litigation or potential litigation, including matters before administrative tribunals
affecting the municipality of local board.
Carried
Rise and Report
The meeting resumed in open session at 12:18 a.m.
Mayor Foster advised that one item was discussed in "closed" session in
accordance with Section 239(2) of the Municipal Act, 2001, three resolutions were
passed on a procedural matter and one resolution was passed to provide direction
to staff.
Resolution # C-453-20
Moved by Councillor Neal
Seconded by Councillor Jones
That foregoing resolution #C-446-20 be amended by adding the following before
the word "Clarington":
"subject to the confidential instructions provided to staff,"
Carried
The foregoing Resolution C-446-20 was then put to a vote and carried as amended.
Suspend the Rules
Resolution # C-454-20
Moved by Councillor Anderson
Seconded by Councillor Zwart
That the Rules of Procedure be suspended to extend the meeting for an additional
three minutes.
Carried
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15. By-laws
November 2-3, 2020
Council Minutes
15.1 2020-070 - Being a By-law to Amend Property Standards By-law 2007-070
(Item 7 of the General Government Committee Report)
15.2 2020-071 - Being a By-law to Amend By-law 2010-142, to Require the Payment
of Fees for Information and Services (Item 1 of the Planning and Development
Committee Report)
15.3 2020-072 - Being a By-law to Amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington (Item 3 of the
Planning and Development Committee Report)
15.4 2020-073 - Being a By-law to Amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington (Item 4 of the
Planning and Development Committee Report)
15.5 2020-074 - Being a By-law to Appoint a Municipal Clerk and Repeal By-law
2014-043 and By-law 2019-019
15.6 2020-075 - Being a By-law to Amend By-law 2010-139, to Require the Approval
of Plans and Drawings Prior to Any Development on the Lands Identified as
302 Given Road, in the Site Plan Control Area (Item 2 of the Planning and
Development Committee Report)
Resolution # C-455-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-laws 2020-70 to 2020-75; and
That the said by-laws be approved.
Carried
16. Procedural Notices of Motion
None
17. Other Business
None
18. Confirming By -Law
Resolution # C-456-20
Moved by Councillor Hooper
Seconded by Councillor Anderson
That leave be granted to introduce By-law 2020-076, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting
held on the 2nd — 3rd day of November, 2020; and
That the said by-law be approved.
Carried
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19. Adjournment
Resolution # C-457-20
Moved by Councillor Anderson
Seconded by Councillor Neal
That the meeting adjourn at 12:26 a.m.
Carried
Mayor
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