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Home My WebLink AboutLakeshore Advance, 2013-03-13, Page 11Bluewater passes IW Vote was unanimous, but not without opposition Melissa Murray Ina unanimous vote, Mummer councillors passed the indust) ins wind turbine building permit fee for $14,000 plus $420,000 in securities to cover decommissioning, potential health affects and legal fees at their March 4 regular council sleeting. Eric Gillespie, a 'Toronto lawyer 4. hired by the municipality to draft they bylaw, was 011 hand to explain the fees and the specifics of the bylaw. The building permit fee bylaw amends council's current bylaw to include a fee schedule for industrial wind turbines, explained Gillespie, after being given the floor by Council- lor -at -large 'Tyler Hesse!. Mayor Bill 1)owson, Deputy Mayor Paul Klopp and Councillor John Becker declared conflicts for this portion of last Mon- day's meeting. (Gillespie's draft suggested the use of the municipality's Chief Building Officer to collect and reimburse secu- rities if the conditions of the building permit fee Were Ille't. The bylaw state's the (;110 is responsible for using his or her discretion on releasing the $100,000 security for health effects, $1(10,000 for legal fees and $220,000 for decommissioning costs. "The proposal is designed to give discretion to the (:130 to decide when those amounts should be refunded or drawn upon," sttitl Gillespie. "The bylaw recognizes we don't know how all maters will play out in the municipality. But certainly, in our view, it protects the municipal interest and the public interest here, when it conies to these types of installations." ia "It makes sure there are sufficient fa/ funds available not only for the initial review process, but for platters that could he of concern to council and to staff," he added. While at previous meetings council wished to include a $25,000 economic development fee per turbine in their building permit fee bylaw, Gillespie advised council that would be more appropriate to include as a development charge. After being introduced to the draft bylaw at council's last meeting, what councillors wanted to hear Gillespie talk about was whether the bylaw and the fees set out in it were within the municipality's powers. Councillor Kay Wise specifically wanted to know if the bylaw contradicted the Green Energy Act. "1 have no doubt, based on the cor- respondence you (have received) if council sees fit to hear from the appli- cant, you'll hear a point of view that says there may be issues around whether this bylaw conflicts in any way with legislation," he said referring the Next lira and other wind project proponents. "It is our respectful view that it does not and that there is a proper basis for moving forward. 'Hutt is why we have come this evening to present on this issue and to answer any questions you may have," Gillespie explained. Councillor Janisse Zimmerman had similar concerns. "1 would just like you to reiterate that you have looked at (the securities' and have considered theist from our point of view, as a protection, and that you feel that comes into all the regula- tions you ate dealing with," she said. Gillespie again defended the draft saying they considered several interpretations. "Essentially what we have done in putting together this package is try to give our hest assessment of how this will be interpreted both in the practi- cal sense, in applying the bylaw in the real world, and in the legal sense, of wluat would happen if someone came along and said ' No, No. We disagree,'" he said. "Yes, thought has gone into how these amounts should he applied and what seems to he reasonable and what the municipality can stand behind," he said, ,adding other municipalities are in the process or have passed simi- lar bylaws across Ontario. After the discussion, Councillor John Gillespie moved the motion, which was seconded by Councillor George Irvin before the bylaw was passed unanimously. Before laic Gillespie's delegation, 131uewater's Chief Administrative Officer, Steve McAuley, explained staff received a request by Next Era to he a delegation at the meeting after the deadline. Ile advised council to pro- ceed as they wished to determine whether to allow the delegation. With Next Era's delegation request denied by council, and Councillor Irvin saying he's "heard enough from the corporation,' environmental law- yer 'Tyson Dyck, from 'Tory's law firm in 'Toronto, used the comments and questions section of the agenda to stake a comment on Iiluewater's pass- ing of the building permit fees. With the passing of the bylaw, he told council "Our client is left with no other 01)11011 than to go holm' tonight and take a deep thought about all of the available legal options it has in front of them." "As you may know there are, under Ontario law, allowances to bring applications to quash bylaws that are invalid or go beyond the applicable municipal authority. You may also know, under Ontario municipal law, there is potential liability not only for the municipality, but also for individ- ual municipal officials where there are actions taken that result in damages based on unlawful legal actions, such as the passage of a bylaw," said Dyck. Wednesday, March 13, 2013 • Lakeshore Advance 11 T building permit fee Our client is left with no other option than to go home tonight and take a deep thought about all of the available legal options it has in front of them — Environmental lawyer 'I yron Dyes. Ile also explained the munic- ipality had gone outside their powers in passing the bylaw as dictated by the Green Energy Act and indicated the bylaw gives powers to the (:130, which are not outlined in the Ontario Building (:ode Act. "There is not a role for munic- ipalities under the applicable legislation to direct (:BOs to go beyond the roles set out in the provincial legislation or to devi- ate from those role's. It's our cli- ent's view, and it is supported by a body of case law, any direc- tion on the (:B0 to first of all take in decommissioning secu- rity and then assess at the end of the day whether deconlnais stoning was performed to his or her satisfaction, not only runs into conflict with the provincial regime ... but also directs the (:130(0(11) something the municipality doesn't have the legislative authority to direct hint or her to do." "'These are some of the limitations we thought were important to bring to your attention because it Just high- lights a fundamental concern that our client has with the bylaw (in the municipality's] attempt to step into what is clearly reserved for the prov- ince:. he Said. SPEAK UP FOR YOUR COMMUN1TY. KEEP QUIET ABOUT THE REWARDS. 'I his is your chance to help ensure that your community's voice is heard loud and d clear with decision makers .all over the country. 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