“Should the client sign the documents, in effect, he or she is affecting the use and viability of the property and any family plans for it for a minimum of 20 and perhaps as much as 40 years. From the Ontario experience, we know that neighbours are rarely appreciative and old friendships often suffer.”  

Law Times.  Speakers Corner: The Reality of Wind Power Contracts

Monday, 19 September 2016 09:00 | Written By Garth Manning

Rural landowners who are approached to permit a wind turbine or turbines or associated equipment on their acreage badly need sophisticated legal advice on these complex agreements.

What happens too often, however, is that landowners simply tick the box in the documents presented to them that says they waive independent legal advice.

As a public service, lawyers should change this practice, and soon.

Wind power projects are part of a policy for renewable sources of power within Canada. In Ontario, many projects are already operating in rural parts of the province with an additional 600 megawatts scheduled to be added in 2017. More are planned for several other provinces, including Alberta and Saskatchewan.

Lawyers advising rural landowner clients considering such agreements should be aware of the characteristics of these leases in order to advise clients appropriately. Often clients focus on the dollar amount offered by the developer without considering other important impacts of the agreement.

Typically, the wind power proponent incorporates a subsidiary for each individual project. Its agents obtain turbine sites from farmers who have limited understanding of what they’re being asked to do, which is to sign an Option to Lease many pages long; in this option may be a “further assurances” clause that obligates them, if the option is exercised, to sign a form of lease.

That document, many more pages long, is by far the most lessee-friendly imaginable to any real property lawyer, experienced or otherwise.

Those farmers badly need legal advice; local law associations should emphasize this to their members.

READ MORE: http://www.lawtimesnews.com/201609195645/commentary/speaker-s-corner-the-reality-of-wind-power-contracts

Tempers flared in West Lincoln County chambers over a report on Industrial Wind Turbines.

A local resident spoke earlier to the members that her water well had stopped flowing after drilling occurred several hundred feet away for the installation of a Niagara Wind electrical pole (her deputation starts at around 6 minute mark of the video).

View Council meeting on video:

Niagara This Week  published the following article:

By: Amanda Moore

A newly formed public advisory committee knows it can’t go back in time and change decisions regarding industrial wind turbines. But the West Lincoln Industrial Wind Turbine Advisory Committee is hoping lessons learned can make an impact on future projects in Ontario.

However, councillors on the planning, building, environmental committee think the WTAC’s recommendations need to be cleared up before they can be endorsed.

There was much debate at this week’s planning, building, environmental committee over a set of recommendations from the advisory committee. The recommendations involve reaching out to other municipalities living with wind turbines, joining two organizations and re-emphasizing the township’s status as an unwilling host. Coun. Dave Bylsma, who chairs the committee, said the eight recommendations are the “absolute least” the township can do. He said not approving the committee’s recommendations sends the wrong message to residents.

“If we’re not willing and ready to do those eight, then I honestly don’t think this council cares anymore about the turbine issue,” said Bylsma, after members around the horseshoe debated the motion. “There is nothing offensive in here. It’s about getting information and networking. It commits us to continue working, to continue to network.”

READ MORE: http://www.niagarathisweek.com/news-story/6859535-turbulence-in-west-lincoln-council-chambers/

Eight Requests of the Industrial Wind Turbine Public Advisory Committee that were debated:

(c) ITEM P86-16 Director of Planning & Building (Brian Treble) Re: Report No. PD-113-16 – Recommendation Report – Update and Recommended Actions of West Lincoln Industrial Wind Turbine Advisory Committee RECOMMENDATION:

1. (1) That, Report PD-113-16, regarding “Update and Recommended Actions of West Lincoln Industrial Wind Turbine Advisory Committee”, dated March 14, 2016, be RECEIVED; and,

2. (2) That, the Chair of the Wind Turbine Advisory Committee and Township staff arrange a meeting or teleconference with representatives of the Municipality of Grey Highlands to obtain information about the Terms of Reference for their Noise Study (Attachment No. 1 to this report) and an understanding of the benefits and future uses for such a study/report; and,

3. (3) That, the Wind Turbine Advisory Committee be permitted to continue to fact find the best available methods by which to protect our citizens from the harmful effects of industrial wind turbines and to report back on findings, recommendations and possible costs. This is likely to include the preparation of a business case for a sound, infrasound and tonality study such as the one completed in Grey Highlands, at the appropriate time; and,

4. (4) That, Township staff obtain the final noise assessment reports as submitted to the Ministry of the Environment-Renewable Energy Approvals Office for the approval of both the HAF and NRWC (now FWRN LP) projects; and,

5. (5) That, the HAF noise assessment report that was to be completed after 18 months of operation of the HAF wind turbine project be obtained by Township staff; and,

6. (6) That, Township Staff and Council reemphasize that West Lincoln is an unwilling host for industrial wind turbine projects and obtain Provincial recognition of our position; and,

7. (7) That, West Lincoln hereby agrees to pay membership fees to become a member of the Multi-Municipal Working Group (approximately $700.00/year) and Wind Concerns Ontario (approximately $100.00/year); and,

8. (8) That, the Advisory Committee continues to meet and discuss/explore recommended actions for the 24 items as identified in this report; and to continue to report to the Planning/Building/Environmental Committee on a quarterly basis, or more frequently, as required.

Haldimand County Council  has betrayed residents impacted adversely by wind power complexes by welcoming additional proposals for increased development within its boundaries’.  Samsung Energy Inc. presented its pitch for municipality participation on August 4, 2016 for even more wind turbines along the shores of Lake Erie (see pages 13-19) with an anticipated notification date of selected proponents in 2018 in the LRP 2 (large renewable projects).  The massive Grand Renewable Wind and Solar complex was completed in 2015,  http://www.samsungrenewableenergy.ca/haldimand

“Samsung More Turbines” resolution can be read here:

samsung-more-turbines-resolution-2016-20160913-council-in-committee-1

It was just a few short years ago- 2013 to be exact- that Haldimand declared itself an unwilling host due to pressure from its constituent. The resolution can be read here;

wind-turbines-resolution-february-2013-1

Mayor Hewitt’s motion endorsing the partnership with Samsung Renewable Energy Inc.  in some sort of equity form and to apply for a PPA (purchase power agreement) contract in anticipation of the next round of large renewable energy projects states:

WHEREAS the province has taken a clear direction to move ahead with more green renewable energy projects;

AND WHEREAS the transmission lines and area around them are fundamental for new applications;

NOW THEREFORE BE IT RESOLVED THAT Haldimand County consider a request made by Samsung Renewable Energy Inc. to partner in some equity form and apply for P.P.A. contract in the next round of applications.

Lessons learned  as taken from the Samsung presentation:

• Community Support is critical in winning the bid (Municipal Resolution, First Nation  Participation, Adjacent landowner consent)
• Transmission Capacity Availability needs to be deeply considered

Mayor Hewitt has consistently supported Samsung and its partners such as starring in commercials still featured on their website:

Samsung feels it has experience with the local community and Haldimand is the right place for more wind projects.

Since the County is openly on board, Six Nations Band Council is already a part equity owner of Grand Renewable, and HDI accepted payments- it only leaves out those who are considered “non-participating” receptors.

Wind turbines make lousy neighbours but nobody wants to ask those who live in the flickering shadows of Haldimand’s horizons against consent.

Haldimand Press writes about the latest events in its September 15, 2016 edition (subscription): http://www.haldimandpress.com/samsung-seeks-support-for-more-windmills?id=858

School and Cement Plant are a bad mix

“The Green Energy Act allows the wind industry to trump every provincial regulation and municipal by-law designed to protect children. A cement plant near the Amherst Island Elementary School was approved by the Ministry of Environment and Climate Change as ” equipment necessary for the Project”, the construction of 26 wind turbines on Amherst Island. No alternative location was required, no mitigation measure deemed necessary. In dismissing an appeal from the Association to Protect Amherst Island, the Environmental Review Tribunal concluded that the arguments “have not established that the operation of the concrete batch plant as part of the Project and in accordance with the Renewable Energy Approval (REA) will cause serious harm to the human health.”

Protect our children:

https://www.facebook.com/bruce.sudds/videos/10157523546600061/

 

Please support the fight on Amherst Island and consider a monetary donation for the ongoing legal battle: http://www.protectamherstisland.ca/school-cement-plant-bad-mix/

 

Karl Marx said that history repeats: first as tragedy, then as farce. In Ontario, the history of failed energy policy repeats – first as farce, and then as more farce.

Premier Kathleen Wynne faces an election in a little over a year and a half, and one of the main issues dogging the Liberal government is the price of electricity. Thanks to policy choices that the government itself seems incapable of unwinding, electricity bills have been on an upward tear for a decade. Many voters are furious. And so the Wynne government devoted the heart of its Throne Speech this week to a plan to lower the price of electricity. Not the cost of electricity, however. Just the sticker price.

Taxpayers of Ontario, you will now be paying for more of your electricity through your taxes, or through future taxes funded by deficit financing, and less through your electricity bill. Yes, that’s the new plan. It looks a lot like the old plan.

Nearly six years ago, Ms. Wynne’s predecessor, Dalton McGuinty, was facing an election. He was, like the current premier, spooked by rapidly rising electricity prices. These spiking prices, note well, had been engineered by the Liberal government’s mishandled Green Energy policy. To win back voters, Mr. McGuinty decided to give consumers a break. The tool: the so-called Ontario Clean Energy Benefit, which ran from the start of 2011 to the end of 2015….

Editorial published in Globe & Mail on September 13, 2016

READ MORE: http://www.theglobeandmail.com/opinion/editorials/ontarios-new-electricity-policy-history-repeats-as-farce/article31862790/

“The Huron County Board of Health has voted in favour of partnering with the University of Waterloo and Wind Concerns Ontario on a study of the health impacts of wind turbines in Huron County.

It was made clear to board members the health unit’s commitment is limited to collecting date and analyzing that data, and nothing more than that, and it was also pointed out the participation of the health unit would not result in any additional costs.

Spokesperson for the Concerned Citizens of Huron Patti Kellar says she’s happy that the board has agreed to move ahead with the study, but maintains it should have happened six months ago. She believes there’s no doubt the study will find a relationship between proximity to turbines and health problems, because she experiences them herself. Kellar says she hopes that once that link has been established the wind energy companies will halt the operation of the turbines, and work with residents to address their concerns. She adds she would like to see them removed, but admits realistically that’s not likely to happen.

Kellar says not everyone feels the affects of the turbines, but maintains people with a health issue will find that aggravated by the turbines, and anyone who is predisposed with a health problem will find that problem will be triggered by the presence of wind turbines.”

READ AT: http://blackburnnews.com/midwestern-ontario/2016/09/01/huron-board-health-favour-wind-turbine-study/

MOTION:

Moved by: Member Jewitt and Seconded by:  Member Steffler

THAT:

The Board of Health accepts the report of Jean-Guy Albert, Public Health Manager, dated September 1, 2016, entitled Proposed joint investigation to be conducted by Wind Concerns Ontario, University of Waterloo and Huron County Health Unit into wind turbines and reported associated human health effects, as presented for information;

AND FURTHER THAT:

The Board of Health agrees to the request made during its August 4, 2016 meeting for the Health Unit’s participation in the proposed investigation into wind turbines and reported associated human health effects, to be conducted in partnership with Wind Concerns Ontario and the University of Waterloo.

CARRIED

Susan Cronin

County Clerk

The Corporation of the County of Huron

1 Courthouse Square

Goderich ON N7A 1M2

519-524-8394 Ext 3257

Guide rails installed for Niagara Wind on Port Davidson Road raise safety concerns

Grimsby Lincoln News

Safety or Overkill?

Niagara Wind blocked access to the West Lincoln McCaffery heritage cemetery at the beginning of August.  The guardrails are installed along the rural road edges to protect huge transmission poles required for the sprawling intrusive 77 industrial wind turbine complex.

Responding to complaints a portion of the guardrail has been cut out to allow access to the cemetery.

McCaffery Cemetry Niagara Wind Guardrail now cut to allow access

Guardrails of Niagara Wind

Guardrails and massive hydro poles & transmission lines of Niagara Wind

But this is not the end of the saga…

Email sent by  West Lincoln resident:

Sent: Sunday, August 28, 2016 9:19 AM

To: Shiloh Berriman  Cc: Brian Treble; Brent Julian; Stephen Mcgean; djoyner@westlincoln.ca; jchechalk@westlincoln.ca

Subject: Guard rail

Just wondered since I have never had a reply to my question regarding all the excess guard rail being put up on Port Davidson Road, if there had been any resolution to what was considered safe and what was considered overkill. I supplied some photos in my last email which I will include again in this email of guard rail that is 6 lengths(approx. 72′ ) and some that is 27 lengths (approx. 324′ ) past the transmission towers. My question was if 6 lengths is safe in one spot (actually more then one spot along the road), why do we need to cover someone’s entire road frontage including their beautiful homes with 27 lengths of this horrible looking guard rail that they need to now trim around weekly and look at day after day??

Going back to the cemetery if only 6 lengths are used there most of the frontage for the cemetery will be open and it will still be safe for motorists. If 6 lengths are not safe enough what is being done to change those areas?

Previous posts about Cemetery being blocked:

What side of the fence do you live on?

Cemetery Blocked by Guardrails