HomeMy WebLinkAboutSeptember 25, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
SPECIAL MEETING
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Friday, September 25, 1998
9:00 a.m.
A special meeting of Council of the Municipality of Bayham was held at 9:00 a.m. on
Friday, September 25, 1998 in the Committee Room. Present were Mayor Max Stewart,
Deputy Mayor Jack Petrie, Councillors John Nezezon, David Mason, and Cliff Evanitski,
and Administrator/Treasurer/Deputy Clerk Lynn S. Buchner.
1. CALL TO ORDER
Mayor Stewart called the meeting to order at 9:00 a.m.
2. DISCLOSURE OF PECUNIARY INTEREST AND THE
GENERAL NATURE THEREOF
Deputy Mayor Petrie, as agent, and Councillor Evanitski, as related family
member, disclosed a pecuniary interest in Item 5.1(a).
3. DELEGATIONS
(a) 9:00 a.m. Gary Blazak,M.A.R.P.P., Cumming Cockburn Limited, Planner to
the Municipality of Bayham to regarding In Camera Item 8.1 (a) and Items 5.1
(b), (c), (d) and (e).
Files: D8.1.20 &D1.0 and E08
(b) 10:00 a.m. Cyril Demeyere,P.Eng., Cyril J. Demeyere Limited,regarding the
Port Burwell proposed Elizabeth Street Subdivision Agreement.
File: E0.8
(c) Dwayne Daniel, Chief Building Official,regarding
Items 6.2 (a) and(b)
4. INFORMATION ITEMS
No Items
5. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) County of Elgin Land Division Committee Consent Application No. #E 68/98 by
Terrance and Elizabeth Evanitski,to sever a parcel of land described as Part Lot
7, Concession 9, in the Municipality of Bayham,to create one new residential
building lot for retirement purposes. Referred from September 17, 1998.
File: D10
COUNCIL MINUTES 319 September 25, 1998
5. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(a) 98-705 Moved by J. Nezezon
Seconded by D. Mason
"THAT the County of Elgin Land Division Committee be advised that the
Council of the Corporation of the Municipality of Bayham recommends
approval of Consent Application No.E-68198 by Terrence and Elizabeth
Evanitski to sever a parcel of land from Part Lot 7, Concession 9,for a
retirement lot subject to the following conditions:
• Payment of$500.00 cash in lieu of park land dedication
• any survey plan prepared for the severed and/or retained parcel
be deposited with the Municipality."
Disposition: Motion Carried
(b) Re-consideration of Council Resolution 98-685 dated September 25, 1998
regarding County of Elgin Land Division Committee Consent Application No. E-
59/98 by DeCloet Limited to sever a parcel of land from Part Lots 22 and 23,
Concession 9 for future development purposes.
File: D10
98-706 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Council Resolution 98-685 dated September 17, 1998 be hereby
rescinded and replaced with the following:
'THAT the County of Elgin Land Division Committee be advised that the
Council of the Corporation of the Municipality of Bayham recommends
approval of Consent Application No. E-59/98 by DeCloet Limited regarding
Part Lots 22 and 23, Concession 9,with a revision to include severance of all
of the portion of the parcel fronting on Eden Line currently zoned "Future
Development", subject to the following conditions:
• any survey plan prepared for the severed and/or retained parcel
be deposited with the Municipality."
Disposition: Motion Carried Unanimously
(c) Correspondence dated August 31, 1998 from Cyril J. Demeyere Limited and
Memorandum dated June 15, 1998 from Gary Blazak, Cumming Cockburn
Limited regarding the proposed Elizabeth Street Subdivision.
File: E0.8
Cyril J. Demeyere, Cyril J. Demeyere Limited, Consulting Engineer, and Gary Blazak,
Cumming Cockburn Limited,Planning Consultant for the Municipality,were present to
discuss the Elizabeth Street Subdivision Draft Plan. The contents of Gary Blazak's
memo were discussed in detail. He recommended repealing the present by-law
establishing Development Charges in the Village of Port Burwell until future
development charges can be studied. Mr. Demeyere added that some municipalities
require an up-front fee to be paid to cover legal and engineering costs. Further,he stated
that$3,000. was a reasonable fee.
COUNCIL MINUTES 320 September 25, 1998
5. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(c) 98-707 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the correspondence dated August 31, 1998 from Cyril J. Demeyere
Limited and Memorandum dated June 15, 1998 from Gary Blazak,
Cumming Cockburn limited regarding the proposed Elizabeth Street
Subdivision be received;
AND THAT Cyril J. Demeyere Limited be requested to submit a quotation
for undertaking on the following:
• Review of revised design drawings prepared by L.A. Gerard
Engineering(Ontario)Limited
• Preparation of a report for Council's consideration addressing the
existing servicing in Port Burwell and capability of
accommodating the proposed subdivision and recommended
servicing and responding to the comments in the above noted
memorandum from Cumming Cockburn Limited."
Disposition: Motion Carried Unanimously
98-708 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT Cumming Cockburn Limited be requested to prepare a draft
Subdivision/Development Agreement to include the issues identified in the
Cumming Cockburn Limited Memorandum dated June 15, 1998,for
Council's consideration."
Disposition: Motion Carried Unanimously
(d) Consideration for the Long Point Region Conservation Authority to conduct a
preliminary inspection of flora and fauna at the site of the proposed sour gas
plant.
File: D8.1.20
98-709 Moved by D. Mason
Seconded by J. Petrie
"THAT staff be authorized and directed to contact the Long Point Region
Conservation Authority with a view to requesting them to undertake a
preliminary inspection of flora and fauna on the location of the proposed
Talisman Energy gas plant,Part Lot 15, Concession 2 owned by Gilles
Therrien, subject to Mr. Therrien's permission and that staff report back to
Council accordingly."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 321 September 25, 1998
5. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE&REPORTS
(e) Proposed Sour Gas Plant by Talisman Energy Inc.
i) Cost Recovery Agreement
ii) Proposed Site Plan and Site Plan Agreement
File: D8.1.20
Gary Blazak, Cumming Cockburn Limited, Planning Consultant for the Municipality,
provided Council with a brief overview of the proceedings for an Ontario Municipal
Board(OMB) hearing. He stressed the importance of retaining legal counsel with OMB
hearing experience to represent the Municipality and to defend Council's actions with
regard to the planning process. At Council's request, he provided his opinion regarding
the cost recovery agreement, site plan and site plan agreements. Mr. Blazak suggested
that now is the time for Council to retain a solicitor,to ensure the cost recovery
agreement is adequate, and to secure financial protection within the site plan agreement
for the Municipality.
98-710 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the request by Talisman Energy Inc. dated September 8, 1998 to
amend Paragraph 8 of the Cost Recovery Agreement be received and they be
advised that the Council of the Corporation of the Municipality of Bayham
will agree to the following clause to be added to Paragraph 8: `It is agreed
that the applicant will not pay any costs for work by a municipal environmental
consultant other than those costs already incurred and noted in Schedules "A"
and "B,.,
Disposition: Motion Carried Unanimously
98-711 Moved by D. Mason
Seconded by J. Nezezon
"THAT Cumming Cockburn Limited be directed to review the proposed site
plan and site plan agreement which have been referred to the Ontario
Municipal Board by D. Wayne Lewis,Pensa Associates, solicitor for
Talisman Energy Inc. and present to Council as soon as possible suggested
amendments to be included in a municipal submission to the Ontario
Municipal Board;
AND THAT Cumming Cockburn Limited be further directed in its review to
take into consideration the comments from the Ontario Fire Marshall and
Municipal Fire Chief, concerns raised by the area residents, and site plan
issues which have been previously discussed by the former Council of the
Township of Bayham, the current Council of the Municipality of Bayham
and staff,which are filed in the municipal office;
AND THAT Michael Peterson be retained to act as Solicitor to represent the
Municipality,with regard to the site plan agreement and site plan, and
negotiation of the cost—sharing agreement ,and the Ontario Municipal Board
Hearing for the proposed sour gas plant."
Disposition: Motion Carried Unanimously
6. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
No Items.
COUNCIL MINUTES 322 September 25, 1998
6. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued)
2. UNFINISHED BUSINESS
(a) Staff Report 98096 from the Chief Building Official regarding quotations for roof
repairs to the Port Burwell Marine Museum. From September 3 & 17, 1998.
File: A20
98-712 Moved by J.Nezezon
Seconded by J. Petrie
"THAT Staff Report 98096 regarding Port Burwell Marine Museum quotes
for roof repairs be received;
AND THAT the Council of the Corporation of the Municipality of Bayham
accepts the quote received from Franklin Construction in the amount of
$766.94 to complete repairs to the roof at the Port Burwell Marine Museum."
Disposition: Motion Carried Unanimously
(b) Amendment to the "Tender for Improvements to Vienna and Bayham Community
Centres"—Addition of Section D.
File: A20
98-713 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Revised Request for Tender Document for improvements to the
Vienna Community Centre and the Bayham Community Centre presented to
Council on September 25, 1998 be approved for distribution with a closing
date of 12:00 noon on Thursday,October 15, 1998."
Disposition: Motion Carried Unanimously
7. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Staff Report 98097 from the Administrator/Treasurer regarding Summer Student
Cost Analysis.
File: H
98-714 Moved by J.Petrie
Seconded by D. Mason
"THAT Staff Report 98097 be received;
AND THAT the Council of the Corporation of the Municipality of Bayham
hereby authorizes the Administrator/Treasurer to retain a "Contract
Employee" in accordance with Section 201 of the Municipality of Bayham
Personnel Policy;
AND THAT a prerequisite of the Contract Employee be to possess
experience working with the "Records Management System" filing system;
AND THAT the term of the contract be four consecutive weeks;
....continued
COUNCIL MINUTES 323 September 25, 1998
7. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(a) Resolution 98-714 (continued)
AND THAT payment for services be for the amount of$945 upon
completion."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
8. COMMITTEE OF THE WHOLE
98-715 Moved by J. Petrie
Seconded by J.Nezezon
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole to discuss potential litigious matters."
Disposition: Motion Carried Unanimously
98-716 Moved by C. Evanitski
Seconded by J. Petrie
"THAT the Committee of the Whole do now rise from the "In Camera"
Session without reporting."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Confidential Staff Report 98098 regarding a potential litigious matter.
2. UNFINISHED BUSINESS
No Items.
9. BY-LAWS
98 - 87 Being a By-law to confirm all actions of Council
98-717 Moved by C. Evanitski
Seconded by D. Mason
"THAT By-law 98-87 be read a first and second time."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 324 September 25, 1998
9. BY-LAWS (continued)
98-718 Moved by D. Mason
Seconded by J. Nezezon
"THAT By-law 98-87 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
10. ADJOURNMENT
98-719 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT the meeting be adjourned at 12:30 p.m."
Disposition: Motion Carried Unanimously
74,4g174-
IA OR DEPUTY CLERK
Date approved: act/670 ti