February 18, 2016 Special Council Minutes

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A special meeting of Council was held Thursday February 18, 2016 in Community Rooms B & C, Third floor, Library/Municipal Offices building, 55 Ste. Marie Street, Collingwood commencing at 3:00 p.m.
 
MAYOR COOPER CALLED COUNCIL TO ORDER
 
Members of Council Present:                      
Mayor Sandra Cooper
Deputy Mayor Brian Saunderson
Councillor Tim Fryer (conflict – left at 3:05 p.m.)
Councillor Mike Edwards
Councillor Cam Ecclestone
Councillor Kathy Jeffery
Councillor Deb Doherty
Councillor Madigan
Councillor Lloyd
 
Staff Present:   
Becky Dahl, Deputy Clerk
Brian MacDonald, Director of Engineering and Public Works
Jennett Mays, Communications Officer
Monica Gal, Recording Secretary
 
ADOPTION OF AGENDA
No. 049-16      Moved by Deputy Mayor Saunderson
                      Seconded by Councillor Edwards
 
THAT the content of the Special Council Agenda for February 18, 2016 be adopted as presented.
 
CARRIED
 
DECLARATIONS OF PECUNIARY INTEREST
  • Councillor Fryer declared a conflict under Section 7 of the Code of Conduct to the airport discussion as his brother-in-law sits on the advisory board of the business park development.
  • Mayor Cooper clarified the matter on the agenda, noting she does not believe she has a conflict as the matter is focused on the wind turbine project only. Should the matter discuss the business park development, she will remove herself from the discussion at that time.
Councillor Fryer left the meeting at 3:05 p.m. due to his declared conflict.
 
DISCUSSION
  • Review the Ministry of Environment and Climate Change recent Renewable Energy Approval (REA) of the wpd Fairview Windfarm application & discuss next steps

Richard Butler, Solicitor, Willms & Shier addressed Council providing an overview of the renewable energy approval appeal process including the legal framework for wind energy, the ability for the Ministry to apply conditions to an approval, and reviewed appeals considered.  It was noted that grounds for appeal are based on either serious harm to human health orserious and irreversible harm to plant life, animal life or the natural environment.  Mr. Butler advised it may be difficult for Collingwood to argue the negative economic impact the proposed wind turbines will have on the region.

The wpd windfarm project includes five wind turbines within the sphere of influence (flight path) of the Collingwood Regional Airport.  If Collingwood agreed to appeal the decision will need to demonstrate the probabilities that there would be a collision as a result of the location of the wind turbines. An expert would be needed to support that opinion which would be done through a risk analysis.
 
Mr. Butler addressed questions of Council including previous arguments made by the Collingwood Regional Airport Board with respect to the turbines interference with the flight path, Transport Canada’s position to the economic impact analysis that was undertaken and the Ministry’s consideration of the report, the number of collisions between aircraft and wind turbines in Canada, the average cost of appealing and what the chances are to being successful, ability to negotiate, whether there is a benefit to making the issue widely public to gain more support, and who is responsible for determining flight paths.
 
The status of the airport was discussed, confirming that the airport is currently considered a registered aerodrome, not a certified airport. As such the regulations pertinent to an airport do not apply to the Collingwood airport.  If there are no successful appeals to the approval of this project, the Collingwood Regional Airport will require new landing procedures which will make landing more complex and less desirable.
 
IN-CAMERA
No. 050-16      Moved by Councillor Ecclestone
                      Seconded by Councillor Edwards
 
THAT this Council proceeds in Camera in order to address a matter pertaining to:
checked advice that is subject to solicitor/client privilege, including communications necessary for that purpose.
 
Items for discussion: a) Legal advice re: potential appeal to thewpd Fairview Windfarm application approval
 
CARRIED
Council proceeded to in-camera session at 4:06 p.m.
 
Moved by Councillor Edwards
Seconded by Councillor Jeffery
 
THAT Council rise from in-camera and return to public session. (4:38 p.m.)
 
CARRIED
 
No. 051-16      Moved by Councillor Edwards
                      Seconded by Deputy Mayor Saunderson
 
THAT Council agree to waive Section 4.21 of the Procedural By-law to introduce a motion without the required notice for the consideration of filing a notice of appeal to the Renewable Energy Approval of the wpd Fairview Wind Incorporated wind farm proposal.
 
CARRIED
 
No. 052-16      Moved by Deputy Mayor Saunderson
                      Seconded by Councillor Edwards
 
WHEREAS wpd Fairview Wind Incorporated proposes to build a Class 4 wind facility, including 8 wind turbines, in the Township of Clearview;
 
AND WHEREAS the wind facility is to be located in the area bounded by i) Sideroad 27 and 28 Nottawasaga to the North; ii) Concession 6 Nottawasaga N to the West; iii) Industrial Road and County Road 42 to the East; and iv) Sideroad 18 and 19 Nottawasaga to the South;
 
AND WHEREAS the wind facility location, including proposed locations of the turbine numbers 1,3,4,5 & 8, will intrude into the operating air space at the Collingwood Regional Airport (“CRA”);
 
AND WHEREAS Collingwood retained the services of an aviation consultant in 2014 and 2015, who concluded that the proposed wind turbine locations will have significant impacts to CRA’s operating procedures, including landing and take-off minimums and general accessibility.  The operational changes will increase safety and human health concerns at CRA;  
 
AND WHEREAS Collingwood and the Township of Clearview jointly retained the services of land use planning and development economics consultant in 2015, who concluded that the CRA is fulfilling its intended function as an economic engine for Collingwood, and delivering substantial economic benefit to the South Georgian Bay region. The consultant further confirmed that approval of the proposed wind turbine locations will cause damage to ongoing CRA businesses and potential business expansion at CRA;
 
AND WHEREAS Collingwood and the Township of Clearview submitted these consultant reports to the Director in January 2016, requesting that the Director refuse to issue the Renewable Energy Approval to wpd Fairview Wind Incorporated until such time as the proposed locations of the turbines did not intrude into the operating air space at CRA;
 
AND WHEREAS on February 11, 2016, the Director, Ministry of the Environment and Climate Change (“MOECC”) issued Renewable Energy Approval No. 3948-9RDLRF to wpd Fairview Wind Incorporated granting approval for the construction, installation, operation, use and retiring of a Class 4 wind facility;
 
BE IT HEREBY RESOLVED THAT Council continues to express its fundamental concerns regarding the location of the wpd Fairview Wind Incorporated wind farm proposal, and Renewable Energy Approval No. 3948-9RDLRF;
COUNCIL
Yea
Nay
Cooper
X
 
Saunderson
X
 
Fryer (conflict)
 
 
Edwards
X
 
Ecclestone
X
 
Jeffery
X
 
Doherty
X
 
Madigan
X
 
Lloyd
X
 
TOTAL
8
0
 
AND THAT Council instruct legal counsel to draft and file a Notice of Appeal of Renewable Energy Approval No. 3948-9RDLRF to the Environmental Review Tribunal, and for legal counsel to continue its review of Renewable Energy Approval No. 3948-9RDLRF;
 
AND FURTHER THAT a copy of this resolution be forwarded immediately to our MPP, MP and other partnering municipalities, including the CRA, Town of Wasaga Beach, Township of Clearview, Town of the Blue Mountains and County of Simcoe.
 
CARRIED (recorded vote)
 
 
 
ADJOURNMENT
 
Moved by Councillor Lloyd
 
THAT the meeting of Council be hereby adjourned at 4:46 p.m.   
 
            CARRIED
    
 
 
    _______________________
MAYOR
 
 
                 _______________________
                        DEPUTY CLERK
No. of Pages: 
3pages
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2016-02-18 SP Council Mins.pdf585.66 KB