OPP called by Huron East mayor: Tries to ram through wind turbine bylaws

democracyMy Huron Info
OPP officers were required to calm the pandemonium that ensued when four wind turbine bylaws were scheduled to be read at Huron East Council’s Dec. 3 meeting. After repeated interruptions by the dozens of members of Huron East Against Turbines (HEAT) in attendance, Huron East Mayor Bernie MacLellan engaged two police officers to ensure the meeting would run smoothly, and without further interruption.

At the meeting, council was set to authorize bylaws that would approve road user agreements and community vibrancy funds with both Varna Wind Inc. and the St. Columban Energy Limited Partnership. Only one of the four motions would eventually pass. Before the bylaws were introduced, HEAT member and Councillor Allison Dekroon made a motion that would defer the four bylaws, calling the documents “hefty”. She said since council only received the documents the Friday before the meeting, members of the public had not been given time to review them and did not have enough time, legally, to request a formal appearance before council that night.

She suggested the bylaws be deferred until the Jan. 7 meeting so council, and members of the public, could do their due diligence. “We’re not giving the people a voice,” she said. Councillor Les Falconer, however, disagreed with Dekroon, saying that council had been working on the road user agreements for almost a year, long before Dekroon was even a councillor. “This has gone back and forth for nine months in closed session,” Falconer said. Dekroon said she felt the province’s ombudsman would have a problem with council rushing the documents through. MacLellan disagreed. Read article

17 thoughts on “OPP called by Huron East mayor: Tries to ram through wind turbine bylaws

  1. Now there is a mayor and council, that deserves to be on the unemployment line. Even McDonalds, should refuse to hire these miscreants! At election time, campaign AGAINST these idiots, and have your own “honest, decent” candidates running.

    • Huron east council chambers is a joke! Their too fat stupid lazy and not informed. Cronyism is alive and well in huron east and huron as a whole. These stupid idiots are run by their stupid wives they dont no how to think just grab that money and run! Cao and mayor and deputy mayor the 3 stooges! Their idiots linning their own pockets! No balanced budget in 9 yrs but the dtupid idiots allow a 300 grand over run costs! All toll for repairs close to a million thats how stupid they are. These are uneducated ego thick headed rednecks from rural ontario what do u expect. Now just think of the people who voted for them their worse. Coverups lies and steal your ideas is what their about. Oh and lots of closed door meetings. And excuses it sickens us all. Bernie over 20 yrs he says! But were they good quality yrs nope idiot years and take all of your monies! The 3 stooges have to go they do not no what their doing. When they allow their friend to lock the tennis courts and open a business then they all should go home! And the lions club the steffler guy handsbthem money and does their parade a american service club is more important then the canadian ratepayers see how bad it is! Then they open by laws to put theirwives on public committees its terrible people wake up! They told the opp no one goes out forbthese positions thats because have way through the term they put wives and friends in place and when the real time comes to advertize to the public they cant the wives and friends take the monies instead.They cant wait to advertize the positions on no no public figures allowed just them lin steffler is the crook here and by the way besides the 3 stooges dont forget about agar lin steffler and her friends their in for 4 more years without advertizing!

  2. The truth is that HEAT called and invited the OPP earlier that day and that’s why they were already at the council meeting. It is very clear that the wind company’s lawyers wrote these agreements as section 8.2 of the vibrancy agreement essentially states: “The municipality agrees not to pass any bylaw in the future that would affect the project as designed.” -ie. The Quiet Nights Bylaw would not be an option.

    The agreement then goes on to discuss how it would automatically be extended should the wind company be granted an extension up to an additional 20 years past the existing contract. So essentially this municipality’s hands would be tied for the next 40 years from being able to protect its own citizens. This council will be dead and gone by then. Wind companies are actually trying to pull these stunts and rush them through so that many wouldn’t read “the fine print” until its too late. Only weeks before this mayor and CAO denied that a vibrancy fund was even in the works and then all three readings were about to take place in one evening and probably would have passed had HEAT members not been at council that night. Absolutely despicable!

    • Stomach turning that this is the state of Ontario. Its the wild west where industrial wind turbine companies come in and take over. How can you trust your neighbour if the mayor is so easily ready to sell out?

  3. “The municipality agrees not to pass any bylaw in the future that would affect the project as designed.” -ie. The Quiet Nights Bylaw would not be an option. …

    weasels indeed!!!!

    The weasels are scared of noise by-laws.

    Get those non-willing host municipalities to Pass the by-laws people.

    The by-laws will control existing industrial developments and future ones.

  4. Not so Ron M. Wainfleet passed a Bylaw for a 2 Km setback from wind turbines and a 32 dba noise level. The developer bullied the council at each reading of the new Bylaw and then sued the council. The judge ruled that the Bylaw was ( invalid ) not illegal but invalid. Now the municipality has to pay $200,000.00 for the developer’s legal costs. Wainfleet council courageously stood up for their residents and did the right thing.
    The decision for the Constitutional Charter Challenge ruling should be made known before the end of Dec. Let us be hopeful that justice prevails in this instance.

  5. Country Gal Wainfleet did act courageously but at the same time ignoring the fact that the Green Energy Act has removed the powers of any Ontario Municipality to use the Planning Act which passing a bylaw with a 2km setback falls under. What Ron M is speaking to is the fact that the GEA did not go as far as to remove the powers of a Municipality to use the Municipal Act which covers noise nuisance laws. Peter Pickfield the lawyer for Wellington County first spoke to this in 2011, since then other municipal lawyers have confirmed that Municipal Act Powers Remain.
    Municipalities have held the jurisdiction to regulate noise and nuisance since Ontario’s first municipal legislation in 1849. Initially this jurisdiction was quire narrow but it has expanded significantly over the years. The current jurisdiction is set out under ss. 128 and 129 of the Municipal Act, 2001 which state:
    Public nuisances
    128. Without limiting sections 9, 10 and 11, a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances.
    Not subject to review
    (2) The opinion of council under this section, if arrived at in good faith, is not subject to review by any court. Noise, odour, dust, etc.
    In addition, municipalities have authority under sections 9, 10 and 11 to pass by-laws that affect
    -Economic, social and environmental well-being of the municipality;
    -Health, safety and well-being of persons; and
    -Protection of persons and property, including consumer protection.
    Having read the Wainfleet decision the Judge found that the wind company … “submitted that the by-law should be declared of no force or effect pursuant to Section 14(2) of the Municipal Act 2001 because it frustrates the purpose of the GEA and that therefore a conflict exists.
    I am not prepared to go that far. The Municipal Act clearly contains provisions to allow control of nuisance and noise as well as health and safety matters”.
    The GEA only overrides municipal authorities relative to planning and zoning. By-laws cannot frustrate provincial initiatives i.e. prevent facilities everywhere in the municipality. By-laws cannot be in legal conflict with provincial law. If dual compliance is possible, there is no legal conflict.
    Municipalities can have higher standards than the province. (Supreme Court – Spraytech).
    Bottom Line – municipal by-laws cannot prohibit GEA activities, but they can heavily regulate them.
    It is quite possible that a coalition of like-minded rural municipalities that are concerned about the environmental and health effects of excess audible noise could work together, as part of a multi-municipal working group on noise to draft a noise by-law. The charter challenge is a fantastic citizen initiative however what we speak to is a job for our municipal leaders. You can assist them by establishing what the background ambient noise levels are in your rural paradise between 11pm and 6 am, in Kincardine we have found that 25 dBA is common. To learn more get in touch with Central Bruce Grey Wind Concerns.

  6. Another example of a developer offering money to get what they want and getting away with these tactics.
    Councils willing to sell out for a few dollars.

  7. Hey bluerider,
    You say,
    ‘[excerpt] Wainfleet did act courageously……’
    It’s called doing your job!

    Go! Mayor April Jeffs

    The judge? – that’s a different story.

    • Hey bluerider,
      Such sympathy for the – ‘we can do nothing’ – mayors – eh?

      Kindcardine?
      Hahahahahahah…………………will David Suzuki be there?
      Maybe Rachael Carson?
      Al Gore will be so proud – doing one’s part.

      Who’s kidding who?

      Say hi to Jutta – Kincardine committee – to save the wind.

    • Hey bluerider,
      Third World Politics – eh?
      …..you’re so convincing – I can feel the love.

  8. St.Columban Energy LP
    Veresen Inc., Calgary, Founded 1997
    Board includes:
    Stephen W.C. Mulherin
    Henry N. Sykes
    Maureen E. Howe
    http://investing.businessweek.com/research/stocks/people/board.asp?ticker=VSN:CN
    Board member are not just company decorations but are there to enhance company business which includes using their connections.

    Morningstar
    http://quote.morningstar.ca/Quicktakes/stock/s_ca.aspx?t=VSN
    Use: Shareholders tab
    1832 Asset Management LP owns ~19M shares or 9.53%, owned by Scotia Bank
    Then look at your local friendly banks for ownership as well.

  9. Don’t bother with the terms of use agreement. Just go to the company information as this is public information anyway.
    What you want to look at are the company documents that provide information on the company’s business affairs.

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