Sandy Hushagen

The Central Elgin Council meeting of February 16, 2010 opened with a delegation, from the group which calls themselves the BSF Neighbours, in opposition to the Belmont Solar Farm being located on prime agricultural land.

Roll Call: Councillor Stephen Carr was absent from the meeting, and Councillor Gerald Reu arrived late at 8:00 p.m.

Delegations

1. Proposed Belmont Solar Farm:
Sandy Hushagen, 532 7th Avenue, Belmont, made a presentation respecting the proposed Belmont Solar Farm. She informed Council that adjacent neighbours to the proposed solar project development had formed into a group they call the BSF Neighbours. It is comprised of all adjacent neighbours who were not selling their property ~ 23 of them.

Their primary opposition to the proposed solar development is locating it on prime agricultural Class 1 and Class 2 land. She said the reason for the location chosen for the project was purely financial because it has immediate access to the grid. Other locations would require the construction of transmission lines.

Sandy's background is in finances. She noted consumers currently pay about $0.05/kwh now, but this company, First Solar, will be paid $0.42/kwh. It will drive up the price of electricity. In terms of economic benefits, the project seems decidedly shy. It will create only one or two full time positions and only short term construction jobs. No manufacturing jobs will be created as the solar panels are made in the United States. Further, First Solar Inc. is based in Tempe, Arizona and the profits will all be going to a foreign - not Canadian - company.

The original RESOP program under which First Solar applied for this project had no restrictions on prime agricultural land as locations, but only permitted projects up to 10 MW. First Solar therefore submitted two applications of 10 MW each to make up the 20 MW of this project. This program was suspended in May 2009 but the First Solar Belmont projects have been "grandfathered" under it. The current program under the Green Energy Act is the FIT Program, which does not allow solar projects on class 1 or 2 agricultural land.

The Belmont Solar Farm 460 acres sits partly in Central Elgin, partly in Thames Centre, and partly in the City of London. The BSF Neighbours group is looking for support from the Municipality of Central Elgin in opposing locating the solar farm on prime agricultural land. Sandy said the legacy if the solar farm is built and later abandoned is that it will be impossible to reclaim the land for agricultural purposes. Thames Centre has already sent a letter of opposition regarding locating this solar project on prime agricultural land to three different provincial ministries. The City of London has suggested alternate sites such as beside the landfill site, rather than prime agricultural land.

Acting Mayor Tom Marks said he was in opposition to the proposed location for the Belmont Solar Farm. Councillor Sally Martyn said she was at the public open house for the project and everyone she talked to there was in opposition to locating it on prime agricultural land. Councillor Marr, who also attended the open house, said he also heard that as a common objection. But he also said it was his understanding that the municipality really had no say in the matter if the province approves it.

Donald Leitch recommended having a representative from First Solar Inc. present at Council, so that Council can hear both sides of the issue before making a decision. Councillor Martyn said all members of Council had gone to the open house and had the opportunity then to ask questions, and did not know what else a rep from the company could present that had not already been well covered.

At this point, 8:00 p.m., Councillor Reu showed up. He said he'd just attended a symposium and learned that electricity rates are going to go out the roof. He'd been in favour of green energy but was now having to rethink his position. He said windmill generated electricity costs $0.34/kwh, solar generated electricity costs $0.80/kwh. He said we are currently paying $0.09/kwh for electricity, and "smart metres" are the first step to jacking up the hydro rates. He said he is also opposed to the loss of agricultural land. Noting the scrubbers put on the Sarnia coal plant, he now favours cleaning up the coal plants and putting scrubbers on them because they can produce electricity at $0.09/kwh.

Correspondence (Action)

3. Proposed Solar Farm:
Correspondence received from Don Burgess, 44237 Sparta Line, respecting proposed Solar Farm in Belmont. This man made a specific written request for the Municipality of Central Elgin to follow the lead of Thames Centre.

Council decided to refer the matter to the Central Elgin Planning Office for a report, and to invite First Solar Inc. to make a presentation to Council. Councillor Martyn wanted First Solar to appear before Council quickly and deal with the matter fairly soon. "I don't want to be dealing with it three months from now," she stated. Leitch felt it could all be orchestrated prior to the March Planning meeting of Council.

1. Celebrate Canada Application:
Correspondence received from GT's Port Stanley seeking approval for events. By resolution passed, Council stated they had no objection to the events, subject to the standard provisions of liability insurance, a licensed pyrotechnician setting off the fireworks, and approvals from the Fire Chief and Physical Services. Leitch also noted some of the venues were not municipally owned and the organizers would need to get waivers from the owners of those venues.

2. Draft Central Elgin Official Plan:
Copy of correspondence received from CERA respecting Draft Official Plan. CERA raised a number of concerns about the draft Official Plan, including the fact it is a 20 year plan; how the information and material will be made available to the public; how CE expects to draw a range of employment and ancillary uses; on what data is the statement "agriculture is a major economic driver in Central Elgin ..." made; how the population number of 15,604 was obtained; how growth in CE can be related to that of the London CMA when CE has little or no industry; and numerous other questions.

By resolution, Council decided to refer this letter to Dillon Consulting for a reply. Councillor Martyn thought Dillon Consulting, who did the work in drafting the new Central Elgin Official Plan, would be the best one to respond to the questions raised.

Correspondence (for Council's Information)

1. Proposed Sanitary Sewer Pumping Station - Sunset Drive:
Correspondence received from Ontario Realty Corporation respecting Proposed Sanitary Sewer Pumping Station opposite St. Thomas Psychiatric Hospital. This was received as information and filed, without comment or discussion.

Reports

Closed Meeting Investigator

1. Complaint:
Copy of Report from John Maddox, JGM Consulting, respecting complaint filed in accordance with Section 239, Municipal Act 2001, as amended.

"As the Closed Meeting Investigator for the Corporation of the Municipality of Central Elgin, on or about January 22nd, 2010 I was served with a notice of complaint with respect to a closed meeting in the Municipality of Central Elgin. The notice does not identify a date of the closed meeting but rather identifies a "telephone poll" which in the opinion of the complainant constitutes a "meeting of council" that was not in keeping with the provisions of the Act.

In my review of the circumstances around this alleged meeting, I have spoken to the complainant and the Municipality who have differing views on whether a meeting in fact took place. There are no Municipal records to substantiate a meeting in fact was convened.

My observations around this matter can be described as follows: The current legislation makes no provision for a meting to be conducted by electronic means (i.e. e-mail, phone).

The fact that a series of telephone calls may have been made to members of council to solicit an opinion on a matter around "unsigned correspondence" certainly presents a "meeting like situation" which in fact could be seen to advance Municipal business. If this in fact was the case, then the public were denied access.

The Municipality at its meeting on January 11th, 2010 had identified under "new business" the same matter regarding correspondence from CERA. If the opinion that had been solicited from members of council on this matter via the "telephone poll" was a change in procedure then there was perfect opportunity at this council meeting to provide a summary and appropriate direction with respect to this matter particularly if it represented any change to public policy and/or the provisions that may exist in your Municipal procedure bylaw.

In summary, I would recommend the Municipality review its procedural bylaw as it pertains to "meetings of council" and make certain that all matters around the receipt of correspondence are current and reflect current practices of council." - John Maddox

Central Elgin Press Release February 12th, 2010

A report issued on closed-door meetings will be on the agenda for the Municipality of Central Elgin's next council meeting on Monday, February 16, 2010.

The report, issued by John Maddox of JGM Consulting, recommends Council review its procedural by-law as it pertains to meetings of Council.

The report was prompted by a complaint that Council had inappropriately gone behind closed doors to meet.

"I would like to thank Mr. Maddox for his through review and the resulting recommendation," said Acting Mayor Tom Marks. "I welcome the opportunity to review the recommendation with my colleagues."

The report by Maddox was given to Council members and made public today with the distribution of the Council agenda.

"I see this as an opportunity to build on improved service to our ratepayers," said Marks. "Council will now have to decide what the next steps will be, and address the recommendation in a timely and professional manner."

This report was received as information by Council and referred to the Accountability and Transparency Committee to review possible changes in the procedural by-law.

By-laws
By-law 1219: Being a By-law to Authorize Borrowing for Costs of the 2007/2008 Capital Water Projects.

The municipality will borrow through debenture with the Ontario Infrastructure Projects Corporation (OIPC) the sum of $4,515,418.88 towards the cost of the 2007/2008 capital water projects, at an interest rate of 4.89% per annum. The debt will be paid off at a rate of $157,459.75 twice yearly ($314,919.50 per year), beginning September 1, 2010 and finishing on March 1, 2035.

By-law 1225: Being a By-law to Execute an Agreement with Jason William Andrews and John Geoffrey Andrews and Richard Albert Andrews respecting 10844 Wellington Road
By-law 1226: Being a By-law to Execute an Agreement with AECOM for Port Stanley Arena Upgrades
These by-laws were taken and passed collectively with no discussion.

By-law 1224: Being a By-law to Execute a Subdivision Agreement with Robin Ridge Estates Limited - deferred because aspects of the plan of subdivision still are not ready.

Public Notice

1. Notice of Intention to Pass a By-law to Amend the By-law Governing the Proceedings of Council, the Conduct of its Members and the Calling of Meetings:
The purpose of this amendment to the procedural by-law is "to permit Council to approve capital expenditures not included in the current year's capital budget when the Mayor has been granted a leave of absence."

At the Council meeting of Monday, March 1, 2010 at 7:30 p.m. "Council shall hear ... any person ... who wishes to make representation respecting the proposed by-law amendment", provided you have asked to be heard prior to February 25th, 2010.

New Business

The only item of new business raised was Acting Mayor Tom Marks noting that Councillor Marr had attended this morning his first meeting of County Council and had been appointed to the Planning Committee.

Unfinished Business:
1. East Road Sidewalk: deferred until discussions with the County of Elgin can be arranged.
2. Master Fire Plan: Establishing By-law

Closed Session: There were no Closed Session items.

Adjournment: The meeting, which started at 7:30 p.m., was adjourned at 8:17 p.m.