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Home My WebLink AboutThe Citizen, 2010-11-18, Page 7THE CITIZEN, THURSDAY, NOVEMBER 18, 2010. PAGE 13. ‘Good faith’ questioned with noise bylaw Continued from page 1 for example. He said the only thing a court could deduce from such a restriction was that the writers of the bylaw had a problem with ginger ale and were trying to restrict it. The same could be said for a LFN bylaw, if the bylaw suggests the restriction of LFN, it would have to back up the claims of adverse health effects with research proving these effects. Should the bylaw be drafted, Stewart suggested that it be tested in a court. While one council member from Arran-Elderslie suggested that it was foolish to “take yourself to court”, Stewart suggested that should a municipality enact a bylaw that is eventually deemed to be passed in bad faith, that municipality could expose itself to several lawsuits over lost revenue. For example, he said, if a wind turbine company challenged the bylaw, saying that it was drafted in bad faith, which the court agreed with, the developer could then sue the municipality for lost revenue during the time that it could have been building, costing taxpayers millions of dollars. In addition to potential liability, there were also concerns over the unintended side effects that a LFN restriction might have. Bill Dowson of Bluewater cited the Hensall Elevators, saying that if a LFN bylaw was enacted in their municipality, and it applied to noise that was being made at the mill, Hensall would have a very serious situation on its hands as a result of an unintended consequence from the LFN bylaw. Barry Millian of Ashfield- Colborne-Wawanosh agreed, saying that it could be “a mess”. Questions were also raised by both councillors and members of HEAT as to why municipalities should have to prove that wind turbines are hazardous to the health of those around them, saying it should be the wind turbine companies that should have to prove that their product is safe for the general public. Stewart, however, said that isn’t the way a court of law works and that sufficient research would have to be done before he, as a lawyer, could defend the bylaw in court. “I can’t stand up as your lawyer and say that I read an article about this,” Stewart said. “Unless the evidence is there, you’re going to get struck down. This is a very narrow wedge.” Stewart then said that in Canada, the law doesn’t aim to limit people’s rights unless there is a reason. Dowson agreed, saying “there’s always two sides, we can pass any bylaw we want, but we have to prove why.” Dowson said that from figures he has heard, if several wind turbine development companies and the provincial government chose to challenge the bylaw, that he has heard it could cost as much as $1 million. Similar costs were cited by a member of the gallery who said that simple noise research will not suffice in the LFN situation. He said that epidemiological studies will have to be conducted to prove that LFN causes adverse health effects, which could cost much more than Stewart’s proposed $20,000 for research. He said that might cover the sound testing, but actual research would be a difficult, costly and lengthy process. A member of HEAT then countered, asking about the rights of those who have been forced to move from their homes due to nearby wind turbine developments, saying that they, too, deserve justice. Once all of the logistics had been debated, several councillors spoke to their level of confidence in what had been proposed and many of them still had concerns. “I don’t have a real high level of confidence that this bylaw would stand up,” said Central Huron Councillor Brian Barnim. Fearing that no action would come from the lengthy discussion, HEAT co-founder Gerry Ryan said that the meeting had been a long time coming and that fear of a challenge from wind turbine companies or the provincial government shouldn’t factor into the decision being made. Councillors did say, however, that if they opened their municipalities up to litigation in which they could lose millions of dollars, that it would not be responsible, leaving taxpayers on the hook for that kind of money. Ryan, however, wasn’t convinced, saying that if the meeting came to a close without a decision being made, for fear of challenge from the provincial government, “then God help you,” he said to the council. The costs for the bylaw, including the drafting, studies and potential court challenges were estimated by Stewart at between $50,000 and $60,000 per municipality. He said these cost estimates are “ballpark figures” and that they could balloon substantially if the challenge “turns into a three-ring circus”. He said that if appeals are receivedfrom five or six wind turbinesdevelopers as well as the provincialgovernment, clearly court challenge costs will rise substantially. It was at that point that Flowers moved a motion to shift the meeting to a closed session that would include all present municipal councillors, councillors-elect and Huron East staff. The closed session went on for nearly 30 minutes, but resolved nothing, as councillors came to theconclusion that because of the levelof cost involved, no decision couldbe made under the restrictions of the lame duck (end of term for current council) period. In addition, councillors who were in attendance could not make decisions for their entire councils. While no hard deadline has been set, McLachlan said that responses are expected from the various councils before the end of the year. McDONALD Home Hardware and Building Centre Brussels, Ont. www.mcdonaldhomehardware.com 519-887-6277 • Annual Christmas Open House November 18 ~ 5 pm - 9 pm • Giftware • Gift Baskets (Custom-made baskets available) • Great Christmas Gifts & Stocking Stuffers • Christmas Decorations • Home Décor Holiday Gift Giving Made Easy HIGHWAY 8 BETWEEN GODERICH AND CLINTON 3 km. west of Clinton 519-482-7144 Great Christmas Deal Huge Savings! NO TAX The Price is The Price SAVE SAVE SAVE PRO SHOP HOURS Nov. 9 am - 5 pm Mon. to Sat. Dec. 10 am - 4 pm Mon. to Sat. Closed Sundays ~ Open ’til Dec. 23rd Gift Certificates Available for Christmas! 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At the head table were several Huron East Council members, from left: Orval Bauer, Les Falconer and Frank Stretton. (Shawn Loughlin photo)