The Citizen, 2011-04-14, Page 27THE CITIZEN, THURSDAY, APRIL 14, 2011. PAGE 27.Classified Advertisements Real estate Real estate Real estate Tenders Tenders
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Invitation to Bid
RAILING REPLACEMENT
North Huron Wescast Community Complex
99 Kerr Drive, Wingham, Ontario
for the Corporation of the Township of North Huron
The project involves removal and disposal of existing stainless steel
guard railings and provision of new anodized aluminum railing system
with glass panels in swimming pool area.
The successful General Contractor will be required to provide a
Certified Cheque or an Irrevocable Letter of Credit for $5,000 or a
Performance Bond and a Labour Materials Payment Bond in the
amount of $10,000 each, and must have liability insurance coverage in
the amount of $5.0M.
Offers under seal will be received at the office of The Township of North
Huron, located at:
274 Josephine Street
Wingham, Ontario, N0G 2W0
At or before 3:00 p.m. on May 05, 2011.
Bid Documents for a stipulated price contract may be obtained from the
office of the Architect between April 18th and April 21st, 2011. Only
General Contractors will be provided with Bid Documents.
Site visit is set for 9:00 a.m. on April 26, 2011. General Contractors
bidding the Project should attend this meeting.
Subtrades and suppliers may view the Bid Documents at the Town of
Wingham, at the above noted address, and at the office of the
Architect.
ALLAN AVIS ARCHITECTS INC.
60 West Street, Goderich, Ontario N7A 2K3
Tel: 519-524-5313
See histories and
historic photographs
on the Huron History
section of our website
www.northhuron.on.ca
North Huron’s final draft budget is
set and ready to be discussed
publically, however there were still
outstanding issues that needed to be
discussed during the township’s
April 4 regular council meeting.
Council had to decide whether
they wanted several summer
students hired to help with certain
jobs around the community.
As a whole, council decided that
all the students suggested by
township departments would be
hired, although there were
dissenting opinions.
Two students will be hired to cut
grass for 40 hours a week for 20
weeks during the warmer months of
2011.
Council decided that the two
students, who complement the four
full-time staff members who
normally work with township land,
were necessary after Pat Newson,
director of Recreation and Facilities,
explained that summer is the only
time those four full-time employees
can take vacations.
Normally the municipality would
hire three students, and one would
take care of grass and plants on
Josephine Street, however, that
street is going to have major
reconstruction over the summer,
limiting the need for the third
‘Unenforceable’ bylaw defeated by Huron East
A wind turbine development
policy received a tie vote at the April
5 meeting of Huron East Council,
meaning that the motion was
defeated.
Council had made a motion at the
end of March to bring the
aforementioned bylaw back to the
table. Several councillors felt that a
policy needed to be enacted in order
to protect residents from potential
adverse health effects surrounding
wind turbines similar to policies
passed by Ashfield-Colborne-
Wawanosh, Huron-Kinloss and
Arran-Elderslie.
The problem, as several other
councillors and municipal solicitor
Greg Stewart pointed out, is that the
bylaw in unenforceable. The
development policy, which included
a provision for larger setbacks than
outlined in the province’s Green
Energy Act, directly contradicts the
guidelines set up by the province and
setback distances that were upheld
and found to be just in a recent court
ruling.
One severe repercussion of
passing such a bylaw, as Brussels
Councillor Joe Seili has pointed out
for several weeks, is that the entire
municipality would be on the hook
for legal costs, including loss of
income for wind turbine developers.
So if the bylaw were to pass and
developers were held up due to legal
proceedings, should the developer
win in court, Huron East taxpayers
would have to pay whatever revenue
was lost during the court case.
This is a very real possibility, Seili
said, as correspondence from
Stewart stated that such a
development policy would not stand
up in court.
Prior to the discussion on the
topic, Mayor Bernie MacLellan
spoke to council about the potential
repercussions of passing a bylaw
that was deemed “unenforceable” by
two legal opinions (Stewart and
Michael Bowman, St. Columban
Energy LP’s lawyer). While
MacLellan has a well-known
conflict of interest in the area of
wind turbines, he spoke in general
about the risk passing an “illegal”
bylaw to municipal taxpayers as well
as the compromising position that
chief building official Paul Josling
would be put in.
Should the bylaw have been
passed, Josling would be governed
by two very different sets of
regulations when it comes to wind
turbines. He would be governed by
the municipality’s development
policy and the Green Energy Act and
Ontario Building Code, which
would conflict with Huron East’s
regulations.
Therefore, if a wind turbine
developer were to request a building
permit that conformed with the
province’s regulations, but not the
municipality’s and Josling refused to
issue the permit, he would be in
contravention of the province’s
regulations.
“If the legal opinion from more
than one source is telling us that
we’re passing a bylaw that we can’t
enforce, I don’t understand the
justification,” MacLellan said.
“Legally, you’ll have an employee
that doesn’t have a right to do his
job.”
MacLellan went on to say that if
council were to pass something that
they knew was illegal at the time,
council would be held responsible,
saying that both legal opinions citing
that the bylaw would be out of order
were included in the meeting’s
package and are now a matter of
public record.
MacLellan and Brussels
Councillor David Blaney then
declared conflicts of interest and left
for the discussion on the bylaw.
Councillor Bob Fisher said he had
been “eating waffle” on the issue for
several weeks, not sure which side of
the fence he would fall on. After
consulting with several real estate
agents in the Seaforth area, however,
he said that the word is out there and
people do not want to live next to
wind turbines.
He cited a portion of the
Municipal Act where a council has
the right to defend its residents
against anything that would
compromise their health, financial
and societal well being.
Seili, however, said that the large
adjustment made in Huron East’s
bylaw that would suggest 2,000-
metre setbacks, as opposed to the
provincial standard of 550 metres, is
By Shawn Loughlin
The Citizen
Continued on page 32
NH budget talks continue
By Denny Scott
The Citizen
Continued on page 32
38527 BLYTH RD.,
AUBURN $195,000
Family restaurant & gas bar established
40 years ago. Seats 48, lg. parking area,
located on busy hwy. Incl. all rest. equip.
Call Don A* or Richard Sr. MLS# 634398