HomeMy WebLinkAboutThe Lucknow Sentinel, 2014-02-05, Page 88 Lucknow Sentinel • Wednesday, February 5, 2014
Kincardine council first to sign on to municipal
coalition to regulate noise from wind turbines
WE LISTEN, CARE & EXPLAIN
Welcome
Dr. Parisa Eghbalian
to Our Lucknow Practice
Pictured here with her husband
Dr. Hamed Esmaeilion & daughter Reera.
GRUNDY 693 Havelock Street • Lucknow
Family Dental Care (518) 528-2621
Personalized & Comfortable GrundyFamilyDentalCare.com
Steve Goetz
QMI Agency
Kincardine council is the first to offi-
cially pledge support and funds toward
a proposed municipal coalition to draft
and defend a noise nuisance bylaw reg-
ulating industrial wind turbines.
The decision follows a presentation
at the Jan. 9 council meeting from
North Perth Councillor Warren Howard
on behalf of a working group of local
anti -wind activists and representatives
from at least 21 municipalities.
The group proposes a coalition of
municipalities to share the cost to draft
a noise nuisance bylaw targeting wind
turbines and to defend the bylaw in
court against expected challenges from
wind companies and the Ontario
government.
The proposal relies on the legal opin-
ion of a lawyer hired by local anti -wind
group HALT, which says that powers in
the Municipal Act related to "health,
safety and well-being of persons" and
to regulate "public nuisances" are unaf-
fected by Ontario's controversial Green
Energy Act (GEA), which strips munici-
pal zoning and planning powers
related to renewable energy projects
and has paved the way for dozens of
large wind projects across the
province.
Drafting a generic bylaw that could
be used in most municipalities will cost
between $30,000 and $50,000, and
another $250,000 to defend in court,
according to the plan presented to
council.
Councillors were divided on the path
forward after the presentation and
again on Jan.15, failing to pass three
separate motion, with some council-
lors wanting staff to seek legal counsel,
while others were ready to commit up
to $50,000.
But at the Jan. 22, council passed a
motion from each camp.
The first, brought forward by Coun-
cillor Ken Craig, directed Chief
1
Administrative Officer Murray Clarke
to seek legal counsel on how the pro-
posed noise bylaw might work and
what liability it might expose the
municipality to. That motion passed
easily.
The second came from Councillor
Jacqueline Faubert and declared the
municipality's support "in principle
and in practice" for the coalition and
the proposed plan to draft the bylaw
and defend it in court.
The motion went further, pledging
$30,000 over two years to the coalition,
with the caveat the money won't be
handed over until "an acceptable
threshold for membership funding is
achieved," a memorandum of under-
standing is signed between partner
municipalities, and the decision-mak-
ing and administrative structures
established.
Craig expressed concern council was
straying from normal procedure,
adopting a motion before receiving
advice from staff or legal counsel.
"I have no desire whatsoever to be a
part of the coalition until we have some
legal advice on what it means," Craig
said.
Councillor Maureen Couture agreed
they should wait to hear what the law-
yer had to say.
Councillor Ron Coristine - who had
previously described the proposal as a
"blind date" - was convinced to offer
his support by the accountability and
governance measures tied to the
$30,000 pledge.
He requested Faubert's motion be
amended to include a communication
protocol between member municipali-
ties and those doing the organizing on
behalf of the coalition before funds are
handed over.
The motion passed with the amend-
ment with Craig, Couture and Mayor
Larry Kraemer voting in the minority.
Council expects a report back from
the CAO's meeting with legal counsel
by Feb. 19.
1 . 1
1.2 million Canadians —1 in 25 — carry the gene for cystic fibrosis.
Canadian Cystic
Fibrosis Foundation
1-800-318-CCFF www.cysticfibrosis.ca