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Kincardine approves strict policy for wind developments
By Liz Dadson

Kincardine Council

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A concerned citizen checks out the proposed buffer zones in the proposed wind development policy for Kincardine

With a large crowd watching Tuesday night (April 5), Kincardine council approved a strict policy and guidelines for commercial wind generating systems in the municipality.

Presented by chief building official Michele Barr, the initial proposal was for turbine setbacks of 2,750 metres from primary urban areas; 1,750 metres from hamlets and inland lakeshore residential areas; and 750 metres from rural residents, either participating or non-participating.

However, the final approval was for larger setbacks from turbines, of 3,000 metres from primary urban areas; 2,750 from hamlets and inland lakeshore residential; and 800 metres from rural residents.

In her presentation, Barr explained that the purpose of the policy is to protect the public and municipal infrastructure from the impact of commercial wind developments.

It gives the municipality the opportunity to review applications for wind projects and ensure compliance with the guidelines in the policy.

It states: "The municipality deems it advisable for each developer to enter into a wind power project master agreement with the municipality in order to set out the respective rights and obligations regarding the wind generating system."

Among the clauses in the agreement, should be: a community development contribution; construction requirements; all costs incurred by the municipality, with deposits; decommissioning plan acceptable to the municipality; electrical distribution system; grading; haul routes; insurance; liability; requirement for shielded lights on the turbines; municipal road use requirements; operation and maintenance provisions; private access roads; security; and tree preservation.

The wind project cannot affect the flight approach of the airport or any future development.

All utilities to be installed by the developer in the municipal right-of-way, shall be approved by the public works manger; and all lines carrying unfiltered electricity from the wind turbines to the substation shall be located underground to prevent possible harmonic and induction occurring at local residences and businesses.

A dispute resolution protocol shall be submitted and accepted by the municipality which outlines a process to address concerns between neighbours and wind farm operators quickly and in a cost-effective manner.

Council allowed six speakers to make five-minute presentations each.

Patti Richards, a resident of Kincardine for 30 years, urged council to "pause the process" until the municipality has truly considered and reflectively chosen the best path forward..

"The municipality's future financial plan should involve attracting new businesses which will bolster a healthy economy and fit in with the lives of Kincardine residents to strengthen our community, not tear it apart," she said.

Richards is also concerned about future decommissioning of the turbines. She asked council to have its insurance company negotiate a decommissioning bond with Enbridge, which currently has a 110-turbine wind farm near Underwood. This would create a precedent for future wind developers, she said.

"Without such a bond in place, this municipality is financially exposed and at the mercy of the wind developer," she said. "Has anyone considered simply asking proponents to pause the process and engage in meaningful consultation with the municipality and residents?"

Rachel Thompson spoke of health problems suffered by people who live near wind developments, and concerns about future decommissioning.

"I would like to propose that council put in place a temporary moratorium for two months while the wind turbine policy is carefully developed," she said.

Barbara Ashbee, formerly of Amaranth Township, offered quotes from victims of the health effects due to wind turbines.

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Barbara Ashbee speaks to council

She said the 550-metre setback from turbines, for rural residences, is too short. "I lived in one of those houses. Our home was vibrating, there was low-frequency noise. That house is still empty. These developers do not know what they're doing."

Eric Monrad and Bart Lavis of Leader Resources Services Corp., pointed out that the decommissioning of wind turbines is good business. The material is valuable, with more than 250 tonnes of steel per turbine, plus copper, aluminum, gear boxes, transformers, etc.

"The salvage value more than covers the cost of decommissioning," said Monrad, indicating a report from Mortenson Construction to decommission the 60-turbine Twenty Two Degree Wind Energy Project south of Goderich. It indicates that the net revenue per turbine would be $8,938.

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Eric Monrad of Leader Resources talks about decommissioning of turbines

Monrad said the project owner holds primary responsibility for decommissioning, followed by the landowner and then the municipality.

He also noted the proposed setbacks in Kincardine's initial proposal are very restrictive. The Green Energy Act, which supersedes any policy or guidelines by the municipality, calls for 550-metre setbacks from a non-participating "receptor", while Kincardine's policy calls for 750 metres, plus the extra setbacks for urban areas and hamlets.

Also, the setback from a county or provincial road is 60 metres in the Green Energy Act, but 188 metres in the Kincardine policy.



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Amber Splettstoesser (L), 9, of Ripley, and Katie Voskamp, 10 of Tiverton, pose with pro-wind energy signs in the council chamber Tuesday night

Gordon Barr of the Inverhuron and District Ratepayers Association, spoke briefly, telling council that a survey of association members shows over 75 per cent are not in favour of turbines in Inverhuron.

Bob Wilson of the Tiverton and District Ratepayers Association, said that Saugeen Shores, Arran-Elderslie, Brockton and Huron-Kinloss are all positioning themselves not to issue building permits for wind farms.

He said the association was informed that council received legal advice "not to place a moratorium on future wind farms." Wilson asked if the solicitor who gave that advice, has clients with turbines on their properties. If so, this would constitute a conflict of interest.

Wilson said the municipality is host to the Bruce Nuclear site, and is planning to host the Deep Geological Repository for low-level and intermediate-level nuclear waste. "Our allegiance should be to only our nuclear industry."

The ratepayers association called on the municipality to put a moratorium on wind farms.

Four written submissions were also received by council.

Ian MacRobbie, general manager of Enbridge Ontario Wind Farm, noted that Ontario's medical officer of health, in a report dated May, 2010, stated: "The scientific evidence available to date does not demonstrate a direct casual link between wind turbine noise and adverse health effects."

However, MacRobbie said Enbridge continues to work with landowners, municipal and provincial government representatives and the Canadian Wind Energy Association to understand and manage any concerns about wind projects.

The company has also responded to all operations-related complaints. "We encourage community members to continue sharing their concerns with us," said MacRobbie. "We urge them to call us and we want to talk with them."

Paul Austin, community relations manager for Acciona Wind Energy Canada (developers of the Armow Wind Project), said Kincardine's proposed policy focuses too strongly on controlling specific standards, such as engineering design issues and minimum setback distances. He would prefer it focus more on a robust community consultation process which has shown to be the key to a successful project.

He urged council to set a timeframe of three to six months to finalize the policy, allowing time to work with the wind developers to enforce a consultation program that demands concrete examples of how feedback from the community affected the project plans.

Peter and Lynne Di Cocco of Kincardine Township, put forward their concerns about a proposed wind turbine on neighbouring property which is within the airport exclusionary zone.

Ralph Splettstoesser, a farmer in the Bervie area, said he is tired of the one-sided misinformation campaign against wind turbines.

"I truly believe there is a very vocal minority of people against wind turbines in the area," he said. "What a bunch of fear-mongering. I have to hand it to them, they have done a great job. Keep it in everyone's face and it's to the point that no one wants to say anything about the wind energy that is being produced right now at a very low cost and environmental concern. There are a lot of people out there who like wind turbines and wind energy."

Deputy mayor Anne Eadie said she was fine with the initial policy and urged council to support it.

However, councillor Randy Roppel pushed for larger setbacks to protect the interests of the people that council was elected to represent.

Mayor Larry Kraemer said the proposed policy is defensible, as council wants to protect future growth of the municipality. He said other municipalities tried to push the rural residence setback to 1,000 metres and were not successful.

Roppel noted that the community development contribution should be worded as a mandatory payment, and that use of the right-of-way should be approved by the public works manager.

Council agreed to add that wording to the policy.

As council debated minimum setbacks from wind turbines, Kraemer pointed out that the policy should not be so restrictive that developers simply don't bother to even discuss the municipal protocol at all, and follow the Green Energy Act.

"And the problem (with the policy) is there's no law behind it," he said. "Developers are not required to deal with this."

Councillor Maureen Couture agreed. "We can put a larger setback in the policy but we have no way of enforcing it. The bottom line is, we don't have a say."

She urged council to hand over any wind concerns to the Inter-Municipal Wind Turbine working group to discuss. As for the continued call for health studies into wind turbines, she said nobody seems able to afford to do those studies and nobody wants to believe the studies already done.

Council approved the amended policy, with the increased setbacks in place.

Final approval will come before council at its April 13 meeting.



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Friday, April 08, 2011