Town Council

To Comment on this article Click Here

Saugeen Shores Town Council chambers were filled to overflowing on Monday night (Nov. 14) as the issue of wind turbines once again came up and, in particular, the proposed turbine to be built at the Canadian Auto Workers' (CAW) Family and Education Centre in Port Elgin.

Lawyer, Daniel Santoro, represented resident John Mann and said that the municipality has the right to regulate a By-law that provides for the protection of persons and property within the municipality and, as such has the right to regulate wind turbines.  He also warned against moving "in haste which could result in the a By-law being struck down by the courts."

"I recommend the municipality, perhaps in conjunction with other municipalities, seek legal counsel as to how the concerns of constituents can be addressed," Santoro suggested.

He also added that Provincial minimum set-back is 500 meters, a number that came out of many public enquiries regarding health and safety.  "This municipality can and should regulate this situation and I think the door is still open."

"This issue did go before the Ontario Municipal Board (OMB) and a Certificate of Approval was given," said Mayor Mike Smith."

"It hasn't been built yet," added Santoro.  "There are other powers that the municipality has that have not been exercised.  Health and safety concerns are definitely valid and, under the Municipal Act, could be regulated.  There is enough public concern around this issue that we should get some real answers."

According to Santoro, the Green Energy Act (GEA) does not preclude municipal council from doing anything.

John Mann also confirmed that the wind turbine in question will affect residents living "far within the 550 meter setback."  "How can the provincial government no say that this turbine was approved before the GEA and therefore the setback doesn't apply.  It is nonsense.  You (council) have the power to do it.  You did it as a policy and now you can make that policy a By-law," added Mann, "and that will stop this."

Vice-Deputy Mayor Doug Gowanlock said that Council's stand on wind turbines is clear.  "We fought this and lost before the OMB," said Gowanlock.  "I would hope the CAW will back away in the better community interest.  I hope that the community's concerns reflected will be heard and taken into account by a partner that has been good to this community.  I also hope that the Ministry of the Environment and the Director of Approvals are listening when these thing are discussed by concerned citizens and by Councils."

Councilor Diane Huber agreed with Gowanlock. "I also would like to think the CAW will react to what is going on in the community.  We are right in doing this.  This is our community and we believe our interests are not being met and I refuse to accept that whatever is going on with Province can take away what we as a community can do."

Mayor Mike Smith also expressed his concerns.  "The Green Energy Act had its first reading in 2009 and I think the government must have known at that time about this situation and yet did not comply with what was before the House.  The building permit has been issued.  If we are to consider something, we would have to talk to Council and the MOE is the approval in this whole thing and our only option is put pressure on the Province."

A last minute resolution was added to the agenda.

WHEREAS the Ministry of Environment issued a Certificate of Approval on December 14, 2005 to the Union Building Corporation of Canada to allow the CAW to construct a 600 kilowatt wind turbine generator with a hub height of up to 75 meters above grade.

AND WHEREAS the Council of the Town of Saugeen Shores stronly opposed the CAW's zoning application to allow a wind turbine ont he basis the turbine was being proposed within the Town's Urban Settlement Area and too close to residential development.

AND WHEREAS the Ministry of Environment amended the abovementioned Certificate of Approval on March 2, 2009 to allow the CAW to construct an 800 kilowatt wind turbine generator with a hub height up to 76 meters above grade.

AND WHEREAS on September 24, 2009 the Renewable Energy provisions of the Environmental Protection Act were proclaimed and the regulations eliminated the municipalities' rights and authority to regulate renewable energy projects under the Planning Act.

AND WHEREAS the Town of Saugeen Shores wrote to the Director of the Approvals of the Environmental Assessment and Approval Branch on January 21, 2010 in response to the Renewable Energy Regulations' implications on the CAW's Certificate of Approval and requested the Director to impose specific terms and conditions on the CAW's Certificate of Approval.

AND WHEREAS the Director of the Approvals Branch failed to incorporate any of the Town's requests into the Certificate of Approval

AND WHEREAS the Ministry of Environment has determined that the CAW's Certificate of Approval was issued prior to the proclamation of the Renewable Energy Approval Regulation; and therefore, has concluded the the CAW's wind turbine is exempt from complying with the requirements of the Renewable Energy regulations including the 550 meter setback.

AND WHEREAS it has been 6 years since the CAW applied for their Certificate of Approval and in that time, residential homes have been constructed and lands have received Draft Plan Approval within a 550 meter radius of the proposed wind turbine.

AND WHEREAS the Town of Saugeen Shores is now in receipt of a Petition from its residents requesting the Town to immediately revoke the building permit and require a full and fair hearing so that the residents are given an opportunity to be heard regarding their concerns related to their health and safety in relations to the proposed CAW wind turbine.

NOW THEREFORE in response to the concerns expressed by the public with respect to the CAW's wind turbine; the Council of the Town of Saugeen Shores hereby requests the Ministry of Environment to review the public's concerns and provide the public with an opportunity to be heard.

And further, the Town of Saugeen Shores requests that the Minister of Environment and the Director Approvals to consider the public's interest and exercise their authority to review , suspend or revoke the Certificate of Approval for the CAW's wind turbine.

And further, this resolution be forwarded to Lisa Thompson, MPP Huron Bruce, Doris Dumais, Director of Environmental Approvals Access & Service Integration; Minister of Energy; Minister of Environment; and Premier Dalton McGuinty.

__________________________

After the reading of the resolution, Councilor Thead Seaman asked for a 'recorded vote'.  It was unanimous. The resolution was adopted for forwarding to the government officials and departments.

"This is democracy in action," said John Mann.  "This Council has listened to the people and has done almost everything possible."

Scrolling stops when you move your mouse inside the scroll area.  You can click on the ads for more

Survey Participate in our latest Kincardine Times survey

Survey Participate in our latest Saugeen Times survey

Survey Participate in our latest Walkerton News survey

^{for world news, books, sports, movies ...}

Tuesday, November 15, 2011