Municipality defers decision
on coalition noise bylaw
to regulate wind turbines
By Liz Dadson
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For the second week in a row, Kincardine council refused to come to some decision on a proposal, brought forward last week, to join a coalition and create a generic noise bylaw to regulate wind turbines.
Last night (Jan. 15), councillor Kenneth Craig brought forward a motion that council direct staff to contact legal counsel to advise Kincardine on matters concerning a multi-municipality nuisance noise bylaw.
Craig said there was significant discussion last week (Jan. 9), but at the end of the night, there was no conclusion.
"Procedurally, with a bylaw of this magnitude, the correct path is to refer it to the proper department or staff, with a report back to council," said Craig. "Our staff gives us information and professional advice which we use to make decisions."
He said this is the procedure council should take to protect its citizens from the adverse effects of any noise in the community.
Councillor Jacqueline Faubert said she agrees with Craig, but her concern is what happens if there are opposing interpretations in the legal opinions received.
Plus, strategically, sending an issue for a legal opinion is a good way to bury it, she added.
"I would like to defer this motion until next week when there will be another motion brought forward regarding this coalition," said Faubert.
"At this stage, we haven't much to give a lawyer," said deputy mayor Anne Eadie. "Everything is too general and too vague. Once we have something specific, we can give that to the lawyer."
"I support deferral," said councillor Randy Roppel. "The motion at the next meeting will have a bearing on this issue."
"I'd like to hear that motion, before I decide if we should defer," said councillor Maureen Couture.
Faubert said she requested making a notice of motion but was denied because notices of motion are not allowed at planning meetings.
"We can amend the procedural bylaw for certain incidences, if required," said Couture. "Could we hear what your motion is? That way, we can make a proper decision before deferring this whole issue to next week."
"It's a separate motion from Ken (Craig)'s motion," said Faubert.
"I want to hear it," said Couture.
Mayor Larry Kraemer suggested deferring Craig's motion and getting legal advice at the same time, in preparation for further discussion next week.
"In all fairness to Jacqueline (Faubert), she was told she couldn't bring a notice of motion tonight because it's a planning and corporate services meeting," said Roppel.
Council agreed to defer Craig's motion and deal with the entire matter of the coalition for a multi-municipality nuisance noise bylaw at the Jan. 22 meeting.
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Wednesday, January 15, 2014