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HomeMy WebLinkAboutApril 29, 1998 - Special Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL MEETING VIENNA AND LIONS COMMUNITY CENTRE 26 Fulton Street, Vienna Wednesday,April 29, 1998 7:00 p.m. A Special Meeting of the Council of the Municipality of Bayham was held at the Vienna and Lions Community Centre. Present were Mayor Max Stewart,Deputy Mayor Jack Petrie, Councillors David Mason, and John Nezezon, Administrator/Treasurer Lynn S. Buchner, and Clerk/Deputy Treasurer Lynda Millard. Councillor Ken Nesbitt was absent. Approximately 100 residents were in attendance. CALL TO ORDER AND WELCOME Mayor Max Stewart called the meeting to order at 7:00 p.m., welcomed those present, and introduced Members of Council and Staff present, also regretfully informing them that Ward 3 Councillor Ken Nesbitt had recently resigned. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There was no disclosure of pecuniary interest and the general nature thereof. 3. OPENING REMARKS & INTRODUCTION OF MUNICIPAL PLANNING CONSULTANT Mayor Stewart stated that the meeting had been called in direct response to enquiries about the development applications submitted to the former Township of Bayham by Pembina Exploration, now Talisman Energy Inc., in the fall of 1997 for a gas processing plant. The applications received were to amend the Official Plan and Zoning By-law to permit construction of a sour gas processing plant on property, consisting of approximately 33.8 acres at Part Lot 15, Concession 2, owned by Gilles and Betty Therrien. Talisman has proposed that about 5 acres of treed area, a majority south of the former CP Rail Lands, with a portion north to Highway No. 19 allowing for an entrance, be cleared for the construction area. Talisman proposes to use the former CP Rail Land to transport gas by underground pipeline from their gas wells in Lake Erie to their plant at this site, where it will be processed and taken back to the Lake through a second pipeline, for distrihutinn to their plant in Port Stanley. Mayor Stewart went on to say that a law firm had been retained by the former Township of Bayham, to provide legal advice on the process, with intentions of having an Environmental Study completed by an environmental consultant. He said that the Provincial Ministries of the Environment, Natural Resources and Municipal Affairs regulate facilities of this type in terms of air, noise and other forms of emission standards. Although Council felt that these concerns could sufficiently be addressed through Provincial Regulations, local residents of South Bayham have made it clear that such is not the case. SPECIAL COUNCIL MINUTES 133 APRIL 29, 1998 3. OPENING REMARKS & INTRODUCTION OF MUNICIPAL PLANNING CONSULTANT (continued) Mayor Stewart stated that a complete Environmental Assessment Study, with specific concerns to be addressed, mainly those of the effects of long-term emissions on health, and the environment, as well as safety issues, has been requested by way of letter,which is currently being considered. Mayor Stewart outlined that Council, although not having passed a resolution, has made a commitment to hire a consultant, and will be discussing the objectives of the study. The Mayor noted that representatives of Talisman Energy Inc. had not been invited to make a presentation at this meeting, but wanted residents to have an opportunity to express concerns and ask questions. The Mayor stated that Council members, past and present, and staff had visited Morpeth, conversing there with local residents concerning that gas processing plant. Council is hopeful that, by way of input from a selective group of residents, a terms of reference for a consultant to address these concerns, can be determined. Mayor Stewart then introduced Gary Blazak, Cumming Cockburn Ltd.,Planning Consultant for the Municipality, to give an overview of the Planning Process, which would be followed by questions and comments from the floor. 4. DELEGATIONS (a) Gary Blazak,Planning Consultant. Cumming Cockburn Ltd.was in attendance to give an overview of the land use planning process and report on the status of the Talisman sour gas plant proposal. Mr. Blazak proceeded to outline the Land Use Planning Approval Process, of which five approvals are required, none being currently in place, in regard to the Talisman proposal. Two of the steps to be taken include obtaining a Ministry of the Environment, Certificate of Approval, and meeting the Ministry of Natural Resources Regulatory Standards. He explained that the Official Plan Amendment, which has been adopted by three readings at the local level receives actual approval from the Ministry of Municipal Affairs&Housing. Granting local passage allows the document to proceed through the approvals system, receiving input, comments and concerns from the various Provincial government ministries. The Zoning By-law Amendment has been given two readings only, allowing time to address concerns through a development agreement which would be put in place prior to third reading. For the third reading and passage of the Zoning By- law Amendment to be effective, Provincial approval of the Official Plan Amendment is necessary. The Council is not willing to give third reading until the physical characteristics of the plant, drainage and access are addressed. Talisman has agreed to not apply for a building permit until approvals are in place. SPECIAL COUNCIL MINUTES 134 APRIL 29, 1998 4. DELEGATIONS (continued) (a) Gary Blazak, Planning Consultant, Cumming Cockburn Ltd. Had Council not approved this Official Plan Amendment, Talisman would have been able to proceed to the Ontario Municipal Board. The approval by Council is a responsible decision, allowing the flow of information to proceed, making use of available Provincial staff resources, such as Ian Seddin of MNR, who has provided the information flyer. (b) Ian Seddin,District Planner,Ministry of Natural Resources,was in attendance to provide input from a Provincial perspective to the process. Mayor Stewart introduced Ian Seddin, who gave an outline of Provincial consideration of the broader public interest involved. Mr. Seddin noted that Talisman would not provide costly preliminary design until there is some assurance of approval. Mr. Seddin explained that regulation standards for the facilities are governed by the Ministry of Natural Resources. The present production by the natural gas wells and the pipeline in Lake Erie are"sweet", and are used locally, and drilling records are maintained by the Ministry. "Sour" gas is natural gas containing less than 10% hydrogen sulphide. Sulphur is recovered in Alberta,where the content is approximately 60%—70%. Sulphur dioxide, resulting in acid rain is a concern. The Morpeth Plant produces only a small undetectable amount of sulphur dioxide. Although the process is relatively new to Ontario, Talisman intends to adopt the stricter Alberta regulations, which includes a 300' flare stack, to its production in Ontario. (c) Question Period from the Floor Mayor Stewart then invited members of the public to use the microphone to present questions to Council members, the Municipal Planning Consultant or the Ministry of Natural Resources representative regarding the proposed sour gas plant development, requesting that each participant limit themselves to one question to allow everyone the opportunity to participate, and that anyone with an additional question resume a position at the rear of the line. Q. Karl DeDecker requested the tax value benefit that would be received from the proposed Talisman plant. A. Response from the Mayor was $100,000. to $200,000. Q. Tony Csinos stated that he understood that the purpose of the Official Plan and Zoning By-law was to control sporadic development in regard to industry and housing, and that there were existing Industrial Zones available in Straffordville, and suggested that location is better suited. A. Gary Blazak replied that the rezoning is considered by the Ministry of Municipal Affairs to be a temporary use, which would revert back to agriculture once the plant is no longer required and removed. He agreed that sites are available in Straffordville, but since Talisman has considered various sites and prefers the one selected, this application is what must be addressed by Council. Ian Seddin stated that setbacks for petroleum works are set by the Province, indicating a rural placement to be a more practical choice. SPECIAL COUNCIL MINUTES 135 APRIL 29, 1998 Question Period from the Floor(continued) Q. Pat Teall Trudeau questioned the lack of information, and the abundance of misinformation being distributed, and requested a breakdown in the real tax dollars to be raised. A. Ian Seddin explained that transmission lines used for delivery of the final product for sale are taxable, but that primary production(flow) lines are not necessarily legally assessable by the municipality. He stated that the Province views its interest as assisting to keep local natural gas costs from increasing. He also stated that a local supply is not adequately available in the winter months and must be supplemented from western suppliers. Q. Pat Teall Trudeau questioned that if tax dollars are currently being received from transmission lines in the lake, why should the establishment of flow lines in the lake be supported when they are not taxable. Q. Steve Trudeau questioned plant and pipe size being unknown and that the finished product is to go to the United States. A. Ian Seddin stated that there are two different projects being confused, one being the Talisman, which is being discussed here, and Millenium, which is an Interprovincial and Transcanada Project. He stated that the abandoned railroad bed is ideal for Talisman's purposes. Q. Steve Trudeau further questioned the desirability of fencing the area off to reduce the possible effects of some of the unknown dangers of the proposed line. Q. Alice Csinos questioned what consideration to local business had been given. Had Councillor Mason not felt he had a responsibility to the inhabitants of his own Ward to obtain input prior to his support for the proposal? She then requested his resignation. Mayor Stewart asked that she remain on topic. Mrs. Csinos then asked the planner if he would want the proposed plant within 1000' of his home. She then suggested that it be promoted in Straffordville. Beverly Sutherland stated her support of Council regarding the proposal. Q. Steve Trudeau questioned that at the first public meeting it had been stated that there would be employment benefits from the plant, but in fact only one full-time and one on call employee would be hired. A. Councillor Nezezon reminded those present that Council cannot dictate who comes in. It is hoped that the proposal will provide long-term benefits. Q. Keith Underhill stated that the proposal would be within 1000' of his property, which includes the abandoned railroad line, and that his house was appproximately within 150' of this line, and was concerned about the lethal amounts of hydrogen sulphide that would be emitted if the line ruptured. A. Ian Seddin responded that in higher percentage concentration of hydrogen sulphide the odour is lost, and strict design technology and operating standards are enforced. Emissions from Lake Erie would not be lethal. Q. Keith Underhill raised concerns over the 300' stack emitting cancer causing chemicals. SPECIAL COUNCIL MINUTES 136 APRIL 29, 1998 Question Period from the Floor(continued) A. Ian Seddin stated that he was not aware of carcinogens being present, and that 300' stacks are common in Alberta and that a 7-year study show no environmental hazard. Q. Randall Pettigrew questioned whether the study would give consideration to residents in Vienna, Port Burwell and Straffordville. A. Ian Seddin stated that the Certificate of Approval will address the immediate impact on Bayham residents, and that an Environmental Assessment would duplicate. Q. Harris Teall questioned additional industry coming to the area citing that none had come to Morpeth. Q. Tony Csinos questioned other safety issues, including high pressure lines to and from the lake, brine solution wells, stability of banks behind houses, harbour boat docks and parking areas in Port Burwell. Would the underground lines handle the excessive traffic? What about evacuation emergency plans for the public school and the provincial park? Would emergency services and equipment require upgrading? At who's expense? A. Ian Seddin stated that the underwater lease is with the MNR, and that Talisman has an agreement with the provincial park for use of the west side of the harbour for maintenance purposes, and has nothing to do with this proposal. Q. Tony Csinos stated that$30,000. to $40,000 in additional taxes amounts to about 18 1/2 cents per person. There really are no major dollars coming from this project. Q. Ron Allenson questioned what other components might be present in the emissions. A. Ian Seddin stated any emission components would be comparable to a gas furnace in a home. Tony Csinos thanked Council for the meeting, and their willingness to keep the line of dialogue open. 5. INFORMATION ITEMS (a) Ministry of Natural Resources correspondence regarding natural gas processing plants prepared by Ian Seddin were distributed prior to the beginning of the meeting. SPECIAL COUNCIL MINUTES 137 APRIL 29, 1998 6. ADJOURNMENT Mayor Stewart thanked everyone for attending the meeting, and stated that if additional is made available, a Public Meeting will be called. 98-308 Moved by D. Mason Seconded by J. Petrie "THAT the Council Meeting be adjourned at 8:35 p.m." Disposition: Motion Carried Unanimously OR 'e-t41 dig RK Date approved: f 9 91