May 17, 2007 - Bruce County
Transcription
May 17, 2007 - Bruce County
AGRICULTURE, TOURISM AND PLANNING/ LAND DIVISION COMMITTEE AGENDA THURSDAY, MAY 17, 2007 AT 9:30 A.M. • • • • Call to order Acknowledgement of any Pecuniary Interest Adoption of Minutes (March 22, 2007 and April 19, 2007) (attachment) Business Arising from the Minutes 1. ACTION ITEMS - PLANNING ACT APPROVALS 1.1 OPEN HOUSE: 1.2 PUBLIC MEETING: 10:00 a.m. Bruce County Official Plan Amendment No. 102– Bester Forest Products (c/o Cuesta Planning Consultants), Part Lot 8,Concession 10, Geographic Township of Greenock, Municipality of Brockton. (attached) 2. ACTION ITEMS - ADMINISTRATIVE, POLICY OR OTHER MATTERS 2.1 2.2 2.3 Bruce County Official Plan Amendment No. 94 – D. Inglis, Lot 28, Concession 3 NDR and Lot 12, Concession 4, Geographic Township of Brant, Municipality of Brockton (attached) In Camera – Personnel and Legal Issues Endangered Species Act, 2007 (attached) 3. ACTION ITEMS - RESOLUTIONS/CORRESPONDENCE REFERRED BY COUNTY COUNCIL 11:00 A.M BRUCE COUNTY OFFICIAL PLAN AMENDMENT NO. 99 – FIVE YEAR REVIEW OF COUNTY OFFICIAL PLAN (information to be distributed at meeting) None Referred 4. INFORMATION ITEMS 4.1 4.2 4.3 4.4 Notice of Commencement – Hydro Corridor - Bruce To Milton (4 documents attached) Leader Wind – Arran Wind Project (attached) OPPI Annual Conference – Sponsorship Opportunity (attached) MMAH – Appeal to Bruce County Official Plan Amendment No. 98 (attached) 5. ADJOURNMENT P:\DATA\AGENDAS\Agenda - 2007\Agenda May 17 - ATP.doc 1 PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT DIRECTOR’S REPORT May 17, 2007 1. ACTION ITEMS - PLANNING ACT APPROVALS 1.1 Open House – Bruce County Official Plan Amendment No. 99 The Official Plan Amendment is proposing a five-year review of the existing Official Plan. The Planning Act requires that a municipality consider the need to update the Official Plan at least once every five (5) years. The County initiated the Five Year Review in February 2004 and has since then developed a set of draft policy changes. Although the Plan is essentially sound, issues have emerged over the past years that did not exist in 1997 when the Plan was originally adopted. 1.2 Bruce County Official Plan Amendment No. 102– Bester Forest Products c/o Cuesta Planning Consultants, Part of Lot 8, Concession 9 and 10, Geographic Township of Greenock, Municipality of Brockton. The purpose of the proposed Official Plan Amendment is to add a ‘Pits and Quarries’ symbol to Part Lot 8, Concession 10, geographic Township of Greenock, Municipality of Brockton, to allow for the establishment of a 50 acre licensed area gravel pit. The lands are designated ‘A-Agriculture’ and ‘Hazard’. The proposed designation is ‘AAgriculture’ and ‘Hazard’ with a ‘Pits and Quarries’ symbol. The applicant is consistent with the Provincial Policy Statement, and complies with the intent of the County of Bruce Official Plan. Recommendation: That the Agriculture, Tourism and Planning Committee recommend to Bruce County Council that the following Amendment No. 102 to the Bruce County Official Plan BE APPROVED: “The Bruce County Official Plan is amended as follows: (1) ‘Schedule ‘A’: Land Use (South Section)’ to the Bruce County Official Plan is hereby amended by adding the ’Pits & Quarries’ designation, denoting an extractive operation (Category 3, Class “A”), on lands described as Part of Lot 8, Concession 9 and 10 (Geographic Township of Greenock) Municipality of Brockton, County of Bruce as outlined in the attached Schedule ‘A’. 2. ACTION ITEMS - ADMINISTRATIVE, POLICY OR OTHER MATTERS 2.1 Bruce County Official Plan Amendment No. 94 – David Inglis, Lot 28,Concession 3 NDR and Lot 12, Concession 4, Geographic Township of Brant. Page 1 P:\DATA\ATP REPORTS\ATP Reports - 2007\Director's Reports\Draft Report - May 17 ATP.doc The proposed Official Plan Amendment is intended to permit the creation of an undersized agricultural lot, which is recognized as being an originally surveyed 50-acre Crown lot. On December 21, 2006, the Agricultural, Tourism and Planning Committee recommended a decision of deferral of this application until more extensive mapping of originally surveyed 50-acre Crown lots had been completed in the County along with an open house and a public meeting. A decision of approval for originally surveyed 50-acre Crown lots was made by the Council of the County of Bruce on April 5, 2007. During the 20-day appeal period, the Ministry of Municipal Affairs and Housing appealed the decision. 2.2 In Camera – Personnel and Legal Issues 2.3 Endangered Species Act, 2007 The Ontario Endangered Species Act was originally enacted in the early 1970’s, and was one of the first such Acts in Canada. This Act is simple in concept --- it makes it an offence to harm a prescribed endangered species or endangered species habitat. Endangered species and habitats are defined by regulation. Starting in 2006, the Provincial government started a review of the Act, which is now at the second reading stage in the Ontario Legislature. Committee hearings are being held this month. The deadline for written submissions is Tuesday, May 8, 2007. On April 12, 2007, the Warden and the Deputy Director attended an informal meeting with the Minister of Natural Resources at McGregor Provincial Park, at which the Minister outlined the proposed Act. Recommendation: 3. (1) (2) That Council adopt this report That Council forward this report to the Minister of Natural Resources, and to the Clerk of the Standing Committee on General Government of the Province of Ontario ACTION ITEMS – RESOLUTIONS/CORRESPONDENCE REFERRED BY COUNTY None were referred. 4. INFORMATION ITEMS 4.1 4.2 4.3 4.4 Notice of Commencement – Hydro Corridor (Bruce to Milton) (four attachments) Leader Wind – Arran Wind Project (attached) OPPI Annual Conference – Sponsorship Opportunity (attached) MMAH – Appeal to Bruce County Official Plan Amendment No. 98 (attached) 5. ADJOURNMENT Page 2 P:\DATA\ATP REPORTS\ATP Reports - 2007\Director's Reports\Draft Report - May 17 ATP.doc AGRICULTURE, TOURISM AND PLANNING COMMITTEE March 22, 2007 Walkerton, Ontario Charlie Bagnato moved into the Chair in Committee of the Whole and called the meeting to order. Mr. Chris LaForest, Director joined Councillor Bagnato as the presenting Department Head. Staff Planners in attendance: Bill Hollo, Deputy-Director, Leah Andrews, Sabine Hammel and Heather James. Wayne Jamieson, CAO and Committee Members were in attendance. Recording Secretary: Darlene Batte, Administrative Assistant Pecuniary Interest: None Declared The Delegation scheduled for 11:30 a.m. (Ontario Power Authority) has been deferred to a future Committee meeting due to the time limitations. 1. MINUTES Moved by Mr. Oswald Seconded by Mr. Goetz That the minutes of the February 15th, 2007 meeting be adopted as circulated. Carried. 2. ACTION ITEMS - PLANNING ACT APPROVALS 2.1 PUBLIC MEETING – 9:30 A.M. Bruce County Official Plan Amendment No. 101– Helga Sieber c/o Allen G. Wickert, Part Lots 29 and 30, Concession “A”, (being Parts 1 and 4 on 3R-5606; Part 4 on 3R-4391; Part 1 on 3R-6735; and Parts 1 and 5 on 3R-7777), geographic Township of Kincardine, Municipality of Kincardine The Chairman opened the Public Meeting and indicated that the presentation would be made by the Staff Planner. He further indicated that after the presentation, any members of the public could speak in favour of or in opposition to the presentation. Staff Planner Leah Andrews explained that the purpose of the proposed Official Plan Amendment is to re-designate the lands to facilitate a surplus farm dwelling severance. The lands are designated an ‘Agricultural Area’. An original Township lot may not be divided into more than two (2) parcels including the retained portion. The severance will create the fifth (5th) lot on the original Lot 29. A subsequent Zoning By-Law Amendment will implement the Official Plan Amendment. Ms. Jessé Parent ??? addressed Committee on behalf of a beneficial owner of an adjacent property (Lot 28) objecting to this amendment. It was noted through her comments that the issue she was addressing was a separate matter between the two property owners and was not relevant to the discussions related to the Official Plan Amendment. Mr. Allan Wickert addressed Committee on behalf of the applicant, Helga Sieber in support of the application. Moved by Mr. McIver Seconded by Mr. Kraemer That we recommend to Bruce County Council that the following Amendment No. 101 to the Bruce County Official Plan be approved: The Bruce County Official Plan is proposed to be amended by adding the following Subsection ‘5.5.11 EXCEPTIONS – Agricultural Areas:’ as follows: 5.5.11.24 2.2 Notwithstanding the policies of subsection ‘6.5.3.3 Consents Agricultural Areas’ of this Plan, the lands identified as Site Specific Policy Area 5.5.11.24 on Schedule ‘A’: Land use Plan (South Section) to the County of Bruce Official Plan may be severed to a maximum total lot area of 1.36 hectares. All other policies of Subsection ‘6.5.3 Land Division Policies’ shall apply. Carried. PUBLIC MEETING - Bruce County Official Plan Amendment No. 100– Trevor Remers c/o Robert W. Garcia, Part Lot 74, Concession 2 NDR, former Township of Brant, Municipality of Brockton The Chairman opened the Public Meeting and indicated that the presentation would be made by the Staff Planner. He further indicated that after the presentation, any members of the public could speak in favour of or in opposition to the presentation. Staff Planner, Heather James addressed Committee and explained that the proposed Official Plan Amendment is intended to permit a commercial use, specifically an automotive shop with a residential home as an accessory use on a 4 ha ± (10 acre) parcel. The use of lands within the ‘Agricultural Area’ designation for an automotive shop is not permitted without an Amendment. The lands are part of Special Policy Area ‘G’ Inland Lake Special Area with no underlying designation and are proposed in the up-date to the County of Bruce Official Plan to be designated ‘A-Agriculture’. Mr. Trevor Remers, applicant spoke in support of the amendment. Moved by Mr. Kraemer Seconded by Mr. Oswald That we recommend to Bruce County Council that Amendment No. 100 to the Bruce County Official Plan be approved. Carried. 2.3 PUBLIC MEETING - Bruce County Official Plan Amendment No. 98– County of Bruce – various locations throughout the former Townships of Brant and Greenock in the Municipality of Brockton; the former Township of Kinloss in the Township of Huron-Kinloss; and, the former Township of Kincardine, in the Municipality of Kincardine. The Chairman opened the Public Meeting and indicated that the presentation would be made by the Staff Planner. He further indicated that after the presentation, any members of the public could speak in favour of or in opposition to the presentation. Staff Planner Sabine Hammel joined Committee and explained that the purpose of the application is to amend the County of Bruce Official Plan to permit the creation of 50-acre farm lots in specific areas of the Agricultural designation of County Official Plan. Currently, the minimum farm lot area in the Agriculture designation is 100 acres (40 hectares). The official plan amendment is proposing to amend Section 5.5.4 Agricultural Area – Farm Size to permit a minimum farm size of 50 acres (20 hectares) in areas where the original crown patent survey provided for 50 acre lots. Representation from the following groups were in attendance and were invited to address Committee: • • • • • • • • • • • • Robert Emmerson, President and representative speaker for the Bruce County Federation of Agriculture – support 50 acre farm parcel size Gerald Poechman addressed Committee representing the Christian Farmers of Grey Bruce Counties – do not support 50 acre farm parcel size unless to be used exclusively for agriculture but not to establish a separate building lot / residence. Elmer Kuepfer addressed Committee on behalf of Members of the Amish Community – support 50 acre farm parcel size. Elmer Brubacher, representing the Amish community from the Lucknow area spoke in support of 50 acre farm parcel sizes. Members of the Public at-large – John Wilson, Municipality of South Bruce – supports 50 acre parcel size. Andy Robinson, Municipality of Kincardine (between Kincardine and Tiverton) along the shoreline – concerns related to wind turbine usage of land and the de-evaluation of his property. Anne Eadie, Huron-Kinloss property owner – supports 50 acre parcel size as an avenue to expand farm operations for young farmers. George Carter, Huron-Kinloss property owner – supports 50 acre parcel size – as a means to transfer farm land to children. Karen Armstrong-Johnston – supports 50 acre farm parcel size. Lorne Underwood who is a member the Bruce County Federation of Agriculture a number of Bruce County organizations has indicated that he supports 50 acre farm parcels if they are kept in agriculture, not for estate residential lots. Lorne Shantz, Paisley Southampton area – supports the recommendation from Bruce County Planning staff. Moved by Mr. Kraemer Seconded by Mr. McIver That we recommend to Bruce County Council that Amendment No. 98 to the Bruce County Official Plan be approved. Carried. 2.4 Presentation on Official Plans and Zoning By-Laws Leah Andrews, Staff Planner presented a report on Official Plans and Zoning By-Laws, a copy of which was circulated for Committee’s information. 2.5 Consents (a) Refusal Department staff have evaluated the following severance applications and recommend refusal : B-113/06.38. Mr. Ron Klages representing the applicant addressed Committee in support of the application. Moved by Mr. McIver Seconded by Mr. Goetz That we recommend application B-113/06.38 be deferred for further discussion. Carried. 2.6 Wiarton Official Plan Amendment No. 8 – Wayne Ward c/o Tom Whitcroft, Pk Part Lot 1, Plan 266, Highway 6 W, [272 Berford Street], former Town of Wiarton, Town of South Bruce Peninsula Sabine Hammel, Staff Planner joined Committee and explained that Bruce County Council has been delegated the authority from the Minister of Municipal Affairs, to approve amendments to Local Official Plans. A public meeting for the proposed Amendment was held on February 12, 2007. The Council of the Town of South Bruce Peninsula recommended that the proposed Local Official Plan Amendment No.8 be adopted. The Amendment will be forwarded to County Council for final approval. The purpose of the Local Official Plan Amendment is to change the designation of the proposed severed lot from ‘Residential’ to ‘Highway Commercial’ and ‘Industrial’ to allow a funeral chapel on an existing residential lot. Moved by Mr. McIver Seconded by Mr. Oswald That the ATP APPROVE Official Plan Amendment No. 8 for lands described as Park PT Lot 1, Plan 266, Highway 6 W, [272 Berford Street], Town of South Bruce Peninsula (geographic Town of Wiarton), and that the Director be authorized to sign the approval sheet. 2.7 South Bruce Official Plan Amendment No. 2 – Municipality of South Bruce, Part Park Lot 1, Lots 17 to 19, Part Lot 20,Absalom E, Part Lots 24 to 30, Simpson, N Part Lot 26, Plan 48, former Village of Mildmay, Municipality of South Bruce Bruce County Council has been delegated the authority from the Minister of Municipal Affairs, to approve amendments to Local Official Plans. A public meeting for the proposed Amendment was held on February 13, 2007. The Council of the Municipality of South Bruce recommended that the proposed Local Official Plan Amendment No. 2 be adopted. The Amendment will be forwarded to County Council for final approval. The purpose of the Local Official Plan Amendment is to change the designation on part of the subject lands from ‘Open Space’ to ‘Institutional’ to allow for a medical building. Moved by Warden Twolan Seconded by Mr. Goetz That the Agriculture, Tourism and Planning Committee APPROVE Amendment No. 2 for lands described as Plan 48, East Part Lots 24 to 30, Absalom, Municipality of South Bruce (geographic Village of Mildmay), and that the Director be authorized to sign the approval sheet. Carried. 2.8 Town of Kincardine Official Plan Amendment No. 13 – Inverhuron Homes c/o Otis / Eplett, Lots F and G, Plan 61, Lot 10, Plan 127 [771 – 781 Broadway Street], former Town of Kincardine, Municipality of Kincardine Bruce County Council has been delegated the authority from the Minister of Municipal Affairs, to approve amendments to Local Official Plans. A public meeting for the proposed Amendment was held on March 14. The Council of the Municipality of Kincardine adopted the Local Official Plan Amendment. The Amendment will be forwarded to County Council for final approval. The purpose of the Local Official Plan Amendment is to redesignate lands from ‘Residential’ and ‘Highway Commercial’ to ‘Highway Commercial Special (Special Policy Area No. 13)’ to permit Highway Commercial uses in an area so designated. The application is consistent with the Provincial Policy Statement and complies with the intent of the County of Bruce Official Plan and Town of Kincardine Official Plan. Moved by Warden Twolan Seconded by Mr. Smith That the Agriculture, Tourism and Planning Committee APPROVE the proposed Town of Kincardine Official Plan Amendment No.13 for lands described as Lots F and G, Plan 61, Lot 10, Plan 127 [771 – 781 Broadway Street], Municipality of Kincardine, (geographic Town of Kincardine), and that the Director be authorized to sign the approval sheet. Carried. 3. ACTION ITEMS - ADMINISTRATIVE, POLICY OR OTHER MATTERS 3.1 9-1-1 Agreement – Chippewas of Nawash The Band Council wishes to purchase the Enhanced 9-1- Emergency Reporting Services (otherwise known as the 9-1-1 PERS [Public Emergency Reporting Service]) from the County. The Band Council has also put into place a comprehensive municipal addressing system which is displayed by signs on each property and at street intersections and has arranged for reliable dispatch providers (with the capacity to receive 9-1-1 information) to the police and fire departments which service the Chippewas of Nawash. Moved by Mr. McIver Seconded by Mr. Oswald That we recommend to Bruce County Council that a By-Law be introduced authorizing the execution of an Agreement between the Corporation of the County of Bruce and the Chippewas for Enhanced 9-1-1- Emergency Reporting Services Carried. 3.2 IN-CAMERA Moved by Mrs. Gilbert Seconded by Mr. Oswald That we do now move in-camera to discuss a property issue. Carried. The Committee then moved in-camera with the Presenting Department Head Chris LaForest, CAO Wayne Jamieson, Terry Sanderson , Administrator – Ontario Works and Darlene Batte, Administrative Assistant remaining in the Chambers. Department Councillor Bagnato remained in the Chair. The Committee arose from the in-camera session and the regular Committee of the Whole Session of the Agriculture, Tourism and Planning Committee resumed. Moved by Warden Twolan Seconded by Mr. Kraemer That the Director of Planning be authorized to sign the Memorandum of Understanding with Parks Canada. Carried. 3.3 Bruce Grey Trails Network – Funding Request Bruce Grey Trails Network would like to express sincere thank to the County of Bruce for its continued support for the development of a regional trail network. For 2007, Bruce Grey Trails Network is requesting a further $12,500.00 to support the ATV Initiative and a further $8,000.00 to provide staff support to permit the further development of projects and to continually upgrade and update the website (www.brucegreytrails.com). Moved by Mr. Kraemer Seconded by Mr. Goetz That we recommend this request be noted and filed and discussed during 2007 budget deliberations. Carried. 3.4 Ontario Funding Agreement The Province of Ontario and Bruce County Tourism have prepared an Agreement which would provide investment assistance to Bruce County Tourism to develop 3 micro-sites in French targeting activities and services that are matched to the demands of the Francophone consumer. The support will allow the region to remove language barriers on the Internet and create a more effective and welcoming environment for travel planning for Francophone markets. Moved by Mr. Kraemer Seconded by Mr. McIver That we recommend that the Warden execute the Agreement between ‘Her Majesty the Queen in Right of Ontario’ (as represented by the Minister of Tourism) and Bruce County Tourism. Carried. 4. ACTION ITEMS – RESOLUTIONS/CORRESPONDENCE REFERRED BY COUNTY COUNCIL 4.1 Bruce County Farm Safety Association – Thanking County for continued financial support and including a review of 2006 activities. Moved by Mr. Kraemer Seconded by Mr. McIver That this request be noted, filed and discussed during 2007 budget deliberations. Carried. 4.2 Maitland Valley Conservation Authority – Source Water Protection The Province of Ontario will be introducing regulations shortly to provide for the implementation of local Source Protection Planning Committees (SPC) for Drinking Water Source Protection Planning under the new Clean Water Act. A Municipal Information Meeting has been scheduled for Wednesday March 28, 2007 in the Auditorium of the Huron County Health Unit complex just south of Clinton at 77722B London Road, Hwy 4 South. The meeting will begin at 9:30 a.m. and will end at 12 noon. 5. 5.1 INFORMATION ITEMS County Grey –Re: Twinning Mission – Xinyi China Mr. LaForest requested Committee’s direction on how to proceed with the request from the Community Development Corporation for a Letter of Intent to be supported for the Proposed Twinning Mission with China. A copy of the letter to the CDC from Grey County indicating that they are not prepared to submit a Letter of Intent for this proposal was circulated for Committee’s information. Grey County is of the opinion that both the Federal and Provincial Governments are actively pursuing trade initiatives from China and that Grey County would be best to pursue involvement through those activities. While the majority of Committee is somewhat interested in pursuing this twinning initiative, it was noted that additional information is required and has been requested on several occasions, but not yet received to date. Moved by Mr. Kraemer Seconded by Mr. Oswald That the Warden and Committee Chair set up a meeting with Community Development Corporation staff to obtain additional information and clarification on this initiative, prior to making a commitment and further that $10,000 be placed in a Reserve for this purpose. Carried. 5.2 5.3 5.4 5.5 5.6 Geocache Project Follow-Up to Warden’s Report Proposed Bio-Diesel Pilot Project 2006 Census Reports – Population Arran-Elderslie Council Comments – Re: Official Plan Amendment No. 99 (Five Year Review) 6. ADJOURNMENT. Department Head Department Councillor AGRICULTURE, TOURISM AND PLANNING COMMITTEE April 19, 2007 Walkerton, Ontario Warden Twolan moved into the Chair in Committee of the Whole and called the meeting to order. Mr. Bill Hollo, Deputy - Director joined Warden Twolan as the presenting Department Head. Staff Planners in attendance: Leah Andrews, Kara Van Myall, Sylvia Rafalski-Misch and Heather James. Wayne Jamieson, CAO and Committee Members except Councillor Bagnato were in attendance. Regrets: Councillor Bagnato, Chris LaForest, Director of Planning Recording Secretary: Darlene Batte, Administrative Assistant / Nicole McIver Pecuniary Interest: None Declared DELEGATIONS: SOUTH WEST REGIONAL ECONOMIC DEVELOPMENT - Dan Gieruszak Mr. Dan Gieruszak joined Committee and made a presentation on the Southwest Regional Economic Development (SWEA). He explained that a movement is underway in Southwest Ontario to unite business and community leaders in an effort to promote economic growth and prosperity on a regional basis. While still in its early stages, the Southwest Economic Assembly (SWEA) already includes representatives from businesses, industry, chambers of commerce, prominent colleges and universities, municipalities, development agencies and other governmental organizations. The members seek to engage communities throughout Southwest Ontario in the promotion and development of the region’s economic potential, particularly with respect to trade and manufacturing, agriculture and agri-food, tourism and culture, and the knowledge economy. A conference is scheduled for May 10 - 12, 2007 in Windsor and Mr. Gieruszak requested Committee’s consideration to support this in principle with the expectation that if supported, a request will be made for financial support in 2008. Following the presentation Mr. Gieruszak entertained questions from Committee. During Committee discussions, a concern related to the lack of federal funding to this region for economic development was noted. Another concern is the lack of post-secondary education facilities in this area. Moved by Mr. Kraemer Seconded by Mr. McIver That we recommend support of the Southwest Economic Assembly and the following actions: (i) (ii) (iii) focus on key sectors and the economy – Trade and Manufacturing, Agriculture and Agrifoods, Tourism and Culture, and the Knowledge Economy; develop a draft business plan, including governance, funding requirements, and funding to achieve the Mission, Vision and Objectives of the Assembly; establish an initial goal for a four-year funding commitment for economic development within South-western Ontario; (iv) reconvene community leaders for the Second Southwest Economic Assembly in Windsor, no later than May 31, 2007; and further that this request be referred for consideration during 2008 budget deliberations. Carried. PRESENTATION ON PROVINCIAL POLICY STATEMENT - Dwayne Evans, Ministry of Municipal Affairs and Housing Mr. Bill Hollo, Deputy-Director welcomed and introduced Mr. Dwayne Evans from the Ministry of Municipal Affairs and Housing. Mr. Evans made a presentation to Committee on the Provincial Policy Statement. Following the presentation, Mr. Evans entertained questions from Committee Members. STAFF PRESENTATION: SITE PLAN CONTROL - Sylvia Rafalski-Misch Staff Planner, Sylvia Rafalski-Misch made a presentation to Committee to provide an overview of Site Plan Control. She provided a number of examples of locations which have included site plan control. Sylvia concluded her presentation by commenting that “Site plan approval is a useful tool to address practical issues of development, to ensure that it fits in with neighbouring properties, to address impact on adjacent public facilities, and to ensure that the character of development fits with the area.” 1. MINUTES Moved by Mr. McIver Seconded by Mr. Goetz That the minutes of the March 22nd, 2007 meeting be adopted as circulated. Carried. 2. ACTION ITEMS - PLANNING ACT APPROVALS 2.1 Consent Application B-113-2006.38 At the March 22, 2007 ATP Committee meeting, the Committee deferred application B-1132006.38 Reg Lageer c/o Ron Klages. Staff were recommending refusal of the application. A discussion was held at this meeting with regard to the proposed size of the lot addition. The applicant was proposing a 5.5-acre lot addition in the Agricultural designation. The Planning Department had proposed a compromise of a 1.74-acre lot addition, which would resolve the MDS issues; the encroachment of the septic system on the retained property; and increase the land holdings for the application. A compromise of a 2.31-acre lot addition has been reached and therefore, staff recommended approval of the application as modified. Moved by Mr. Oswald Seconded by Mr. McIver That we approve lot addition application B-113-2006.38, based on the dimensions as presented in the Directors report and subject to standard conditions. Carried. 2.2 Official Plan Amendment No. 10 to the Town of South Bruce Peninsula Official Plan (Kirkland, former Wiarton High School site) On March 26th, 2007 the Town of South Bruce Peninsula Council passed By-Law 12-2007 to adopt the Town of South Bruce Peninsula Official Plan Amendment and By-Law 13-2007 to amend the Town of Wiarton Zoning By-law 1996.12, in association with the redevelopment of the former high school in Wiarton. The subject property is located at 239 William St. and Lot 8 to 12 Div S. within the urban limits of Wiarton. In late 2005, early 2006 a combined public school and high school were opened in Wiarton at the western edge of the Town. With the new facilities opening, the Bluewater District School Board went through a process to dispose of the excess, former highschool site. The Town of South Bruce Peninsula acquired the former high school site as part of this process and intends to sell the property for residential development. The applicant is proposing an Official Plan Amendment and Zoning By-law Amendment to utilize the site for a residential townhouse development and a mixed residential development within the former high school (apartment style with the potential for a day nursery). Moved by Mr. Smith Seconded by Mr. Kraemer That we, by resolution, approve OPA #10 to the Town of South Bruce Peninsula Official Plan, and further that the Director be authorized to sign the required decision sheet. Carried. 3. ACTION ITEMS - ADMINISTRATIVE, POLICY OR OTHER MATTERS 3.1 By-law to Declare certain lands Surplus Mr. Hollo noted by resolution of the ATP committee, that the Director has been working towards the sale of two parcels of County forest land. The first proposed sale involves a site currently occupied by Parks Ontario. The site has been occupied by Parks Ontario since the inception of the Sauble Falls Provincial Park. The lands abut the main park entrance on the west side of County Road 13, and include lands on the east side of the road, currently occupied by an office building, utility building and group camping area. A Market Value appraisal was undertaken by a licensed real estate appraiser. A reference plan for the lands has been prepared and deposited. A previous resolution was passed by the Committee authorizing the Director to proceed with the sale at market value, subject to the lands being declared surplus. The County has entered into a Memorandum of Understanding with the Province for the transfer. The second proposed sale involves lands around the existing Lindsay Township Landfill Site (Municipality of Northern Bruce Peninsula). The transfer of the lands was requested by the local municipality, to provide a buffer area for the licensed land fill area, as per the requirements of the Certificate of Approval. Committee previously authorized the Director to work towards the transfer of the lands. An estimate of fair market value has been undertaken by a licensed real estate agent. The County has commissioned the reference plan, which should be ready some time early this summer. Moved by Mr. Smith Seconded by Mr. Goetz That we recommend that a by-law be introduced declaring the following lands surplus: Part of 1 of Reference Plan 3R- 8091 Plan of Survey of part of Mill Lot or Block A Upon the River Au Sable, Town of South Bruce Peninsula, Parts 1, 2, 3 of Reference Plan 3R-7953 Plan of Survey of part of Mill Lot or Block A Upon the River Au Sable, Town of South Bruce Peninsula. Part of Lots 18, 19 and 20, Concession 3 WBR, Township of Lindsay, Municipality of Northern Bruce Peninsula. Carried. 3.2 Lease Agreement – CBS signs, for Billboard located on County Rail Trail Lands The CBS signs has proposed a new lease agreement lease Agreement with CBS, for a sign located on the south side Highway 4/9 approximately 60m south of Highway 9. The Term of this Lease shall be effective April 9 2007. The lease provides for yearly payments of $2,000. In year two (02) of the term the rental shall increase by 10% percent and each subsequent year thereafter of the said term, the rental shall increase by 2.5% percent per annum, for a total 5year lease term. Moved by Mr. Kraemer Seconded by Mr. McIver That we approve the lease with CBS Outdoors, and further that the Director be authorized to sign the lease agreement. Carried. 4. ACTION ITEMS – RESOLUTIONS/CORRESPONDENCE REFERRED BY COUNTY COUNCIL 4.1 Ministry of Natural Resources – inviting public comment for a proposed stocking of brown trout into the Saugeen River. Moved by Mr. Smith Seconded by Mr. Kraemer That we recommend this correspondence be noted and filed. Carried. 4.2 Hydro One Networks Inc. – announcing that Hydro One will begin the planning and approvals process required to build a new 500 kilovolt transmission line from the Bruce Power Complex in Kincardine to Hydro One’s switching station in Milton. Moved by Mr. Smith Seconded by Mr. Kraemer That we recommend this correspondence be noted and filed. Carried. 4.3 Ontario Forestry Coalition – Re: Proposed Species at Risk Legislation - advising that the Province of Ontario, through the Ministry of Natural Resources is working to introduce new legislation dealing with the protection of Species at Risk. (attachment) Moved by Mr. Smith Seconded by Mr. Kraemer That we recommend this correspondence be noted and filed. Carried. 4.4 Residents and ratepayers, homeowners and beach associations located along the Lake Huron Coastline, South of Kincardine – requesting the County’s support for the current initiative to establish a program and funding to address concerns related to improving water quality along the Lake Huron Shoreline. It was noted that money has been allocated in the budget for this purpose. 5 INFORMATION ITEMS 5.1 Tender Award, Tourism Guidebook Printing The Tourism Office released the Guidebook tender (BCPL#07-01) for the printing of 50,000 Explore the Bruce Adventure Guides (a) and 100,000 Adventure Passports (b), by invitation to 4 firms. 3 tenders were received and opened on Wednesday March 21, 2007, by the ClerkTreasurer and the Tourism Manager, and the summary is as follows: RBW – Transcontinental (Owen Sound) Finlay Publishing (Ayton) Quebecor World (Richmond Hill) a) $36,701 a) $46, 898 a) $28,904 b)$11,701 b)$3,742 b)$3,735 = $48,402 = $50,640 = $32,639 Staff undertook the tender in accordance with Section 13.2 of the Policies and Procedures Manual and awarded the tender to Quebecor World (Richmond Hill) for a total of $32,639 and it was noted that the Director shall sign the required contract. Moved by Mr. McIver Seconded by Mrs. Gilbert That we support the recommendation made by staff to award the tender to Quebecor World (Richmond Hill) in the amount of $32,639. Carried. 6. NEW BUSINESS Mayor Kraemer suggested that a topic for future discussion may be to consider the establishment of seasonal tourism offices or kiosks at the gateways or entrances to the County in a few prominent locations. It was agreed that the CAO and Deputy-Director of Planning will discuss this suggestion with Chris Hughes and ask that he attend the next scheduled Committee meeting 7. ADJOURNMENT. Department Head Department Councillor Item 1.2 County of Bruce Planning & Economic Development Department Planning Report Application: File No.: Date: SUBJECT: Official Plan Amendment BCOPA #102-07.31 May 17, 2007 Application to re-designate lands to permit the establishment of an aggregate extraction area. REASONS FOR AND NATURE OF THE APPLICATION: The proposed Official Plan Amendment would add a ‘Pits and Quarries’ symbol to the subject property and redesignate lands from ‘A – Agriculture’ to ‘H – Hazard’. A subsequent Zoning By-law Amendment will implement the Official Plan Amendments. SUMMARY: The application is consistent with the Provincial Policy Statement, and complies with the intent of the County of Bruce Official Plan. PRELIMINARY RECOMMENDATION: Subject to review of objections and submissions arising from the Public Meeting, I recommend that the Application BE APPROVED. I. CONTEXT: Registered Owner: Applicant: Agent: Related File(s): Legal Description: Municipal Address: Lot Description: Frontage Depth Area Area to Be Redesignated: Access: Services: Uses / Buildings & Structures: Current County OP Designation: Proposed County OP Designation: Local OP Designation: Local Zoning By-law (98-22): Current Proposed Zoning Restrictions: Surrounding Land Uses: Bester Forest Products None Cuesta Planning Consultants Inc. Municipality of Brockton Zoning By-law Amendment File No. Z-20-07.31 Part Lot 8, Concession 9 and 10, Municipality of Brockton (geographic Township of Greenock) 100 Schmidt Lake Road +/- 402 m (1320 ft) +/- 1712 m (5617 ft) +/- 68.8 ha (170 ac) +/- 20.2 ha (49.91 ac) Schmidt Lake Road, year-round municipal road Private water and septic system Agricultural, containing a house, barn and three sheds ‘A - Agriculture’ and ‘H – Hazard’ ‘A - Agriculture’ and ‘H – Hazard’ with ‘Pits and Quarries’ symbol N/A ‘A1 – General Agriculture’ and ‘EP – Environmental Protection’ ‘M3 – Extractive Industrial’; ‘A1-22 – General Agriculture Special’; ‘EP’ to remain unchanged None Agricultural II. MATTERS ARISING FROM AGENCY CIRCULATION None. Page 1 Bester Forest Products Ltd. C/o Cuesta PlanningConsultants Inc. BCOPA #102-07.31 III. MATTERS ARISING FROM PUBLIC CIRCULATION SVCA The SVCA has no objection to the approval of the official plan amendment and the passing of the zoning by-law provided the revised Hazard Land Designation and EP zone are implemented in the final schedules. The Authority used the approved Site Plan for the aggregate licence and followed the excavation setback line which also recognized the recommended setbacks from the ANSI (Area of Natural and Scientific Interest) and PSW (Provincially Significant Wetland). No extraction or site alteration is permitted in the established setbacks from these features except to all of the internal haul route (haul route not included in the EP zone). From the direction of MMAH, the Planning Department has not shown the ‘Hazard Land Comment: Area’ over the lands to be designated for aggregate extraction. All required setbacks from the ANSIs and PSWs will be addressed through the MNR. IV. MATTERS ARISING FROM PROVINCIAL INTERESTS, POLICY STATEMENTS OR PLANS Provincial Policy Statement The Ministry of Municipal Affairs and Housing notes that the application must be consistent with Sections 2.1, 2.2, 2.5 and 3.1 of the PPS. V. MATTERS ARISING FROM COUNTY OFFICIAL PLAN None. VI. MATTERS ARISING FROM LOCAL PLANNING DOCUMENTS The agent has submitted an application to amend the Zoning By-law in order to permit aggregate extraction on the subject lands. VII. OTHER ISSUES / MATTERS None. PREPARED BY: Page 2 Heather James, Planner for the County of Bruce and the Municipality of Brockton Bester Forest Products Ltd. C/o Cuesta PlanningConsultants Inc. BCOPA #102-07.31 APPENDIX ‘DUE DILIGENCE’ CHECKLIST Applicable Policy I. Provincial Policy Statement (PPS) Section Policy 1.0 1.1 Comment 2.3.4 Building Strong Communities Managing and Directing Land Use to Achieve Efficient Development and Land Use Patterns Settlement Areas Rural Areas in Municipalities Rural Areas in Territory Without Municipal Organization Coordination Employment Areas Housing Public Spaces, Parks and Open Space Infrastructure and Public Service Facilities Sewage and Water Transportation Systems Transportation and Infrastructure Corridors Airports Waste Management Long-Term Economic Prosperity Energy and Air Quality Wise Use and Management of Resources Natural Heritage Water Agriculture Permitted Uses New land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. Lot Creation and Lot Adjustments 2.3.5 2.4 2.4.2 2.4.3 2.4.4 2.5 2.5.1 2.5.2 2.5.3 2.5.4 2.5.5 2.6 3.0 3.1 3.2 Removal of Land from Prime Agricultural Areas Minerals and Petroleum Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas Mineral Aggregate Resources Mineral aggregate resources shall be protected for long-term use. Protection of Long-Term Resource Supply Rehabilitation Extraction in Prime Agricultural Areas Wayside Pits and Quarries, Portable Asphalt Plants and Portable Concrete Plants Cultural Heritage and Archaeology Protecting Public Health and Safety Natural Hazards Human-made Hazards 1.1.3 1.1.4 1.1.5 1.2 1.3 1.4 1.5 1.6 1.6.4 1.6.5 1.6.6 1.6.7 1.6.8 1.7 1.8 2.0 2.1 2.2 2.3 2.3.3 2.3.3.3 II. Other Provincial Interests Ministry Policy MMAH MCul MOE MTO MNR MDS Guidelines OMAFRA Comment III. County of Bruce Official Plan 4.8 Mineral Resource 5.5 Agricultural Areas 5.8 Hazard Land Area IV. Local Official Plan N/A Page 3 Bester Forest Products Ltd. C/o Cuesta PlanningConsultants Inc. BCOPA #102-07.31 Item 2.1 COUNTY OF BRUCE PLANNING REPORT File: BCOPA #94-06.34 Date: May 17, 2007 SUBMITTED TO: Chairman and Members of the Agriculture, Tourism & Planning Committee SUBMITTED BY: Planning and Economic Development Department SUBJECT: Application to amend the Bruce County Official Plan by David Inglis for lands described as Lot 28, Concession 3 NDR and Lot 12, Concession 4, Municipality of Brockton (geographic Township of Brant). RECOMMENDATION: That Bruce County Official Plan Amendment No. 94-06.34 for lands described as Lot 28, Concession 3 NDR and Lot 12, Concession 4, Municipality of Brockton (geographic Township of Brant) be REFUSED. BACKGROUND/PURPOSE OF AMENDMENT The proposed Official Plan Amendment is intended to permit the creation of an undersized agricultural lot, which is recognized as being an originally surveyed 50-acre Crown lot. On December 21, 2006, the Agricultural, Tourism and Planning Committee recommended a decision of deferral of this application until more extensive mapping of originally surveyed 50-acre Crown lots had been completed in the County along with an open house and a public meeting. A decision of approval for originally surveyed 50-acre Crown lots was made by the Council of the County of Bruce on April 5, 2007. During the 20-day appeal period, the Ministry of Municipal Affairs and Housing appealed the decision. FACTS Legal Description: Lot Description: Frontage Depth Area Existing Uses: Proposed Uses: Structures: Access: Servicing: OP Designation: Zoning Designation: Livestock Restriction: Building Restriction: Lot to be Severed (Lot 12) Lot to be Retained (Part Lot 28) Lot 28, Concession 3 NDR and Lot 12, Concession 4, Municipality of Brockton (geographic Township of Brant) +/- 402 m (1320 ft) +/- 1005.84 m (3300 ft) +/- 40.47 ha (100 ac) +/- 201 m (660 ft) +/- 1005.84 m (3300 ft) +/- 20.24 ha (50 ac) Agricultural Agricultural None House, barn and shed Concession 4 East; year-round Concession 2 East NDR; yearmaintained road round maintained road None Private well and septic system ‘Agricultural’ with ‘Hazard Land Area’ overlay ‘A1 – General Agriculture’ and ‘EP – Environmental Protection’ None None SUMMARY AND CONCLUSION The amendment is not consistent with the Provincial Policy Statement and does not conform to the policies of the Bruce County Official Plan. Page 1 Inglis Item 2.3 COUNTY OF BRUCE Date: May 17, 2007 File: Bill 184, Endangered Species Act, 2007 SUBMITTED TO: The Chairman and Members of the County of Bruce Agriculture, Tourism and Planning/Land Division Committee SUBMITTED BY: County of Bruce Planning and Economic Development Department Walkerton Office REFERENCE: Endangered Species Act, 2007 Recommendation: 1. That Council adopt this report 2. That Council forward this report to the Minister of Natural Resources, and to the Clerk of the Standing Committee on General Government of the Province of Ontario Background The Ontario Endangered Species Act was originally enacted in the early 1970’s, and was one of the first such Acts in Canada. This Act is simple in concept --- it makes it an offence to harm a prescribed endangered species or endangered species habitat. Endangered species and habitats are defined by regulation. Starting in 2006, the Provincial government started a review of the Act, which is now at the second reading stage in the Ontario Legislature. Committee hearings are being held this month. The deadline for written submissions is Tuesday, May 8, 2007. On April 12, 2007, the Warden and the Deputy Director attended an informal meeting with the Minister of Natural Resources at McGregor Provincial Park, at which the Minister outlined the proposed Act. There were questions and suggestions made, most of which related to implementation measures, rather than details of the Act itself. Details of the Proposed Act Under the current Act, endangered species are defined by regulation. Under the proposed Act, a Committee, comprised of experts in the field of native wild species and their habitats, including aboriginal representation, will be appointed by cabinet. This Committee (Committee on the Status of Species at Risk in Ontario, or COSSARO) will be responsible for identifying species at risk, and defining the specified geographic area of their habitat. Page 1 Endangered Species Protection Act, 2007 Like the present Act, the new Act makes it an offence to harm protected species or their habitats. The Ministry of Natural Resources, which is responsible for administration of the Act, will have a designated official who will have the authority to designate species and habitats that have been assessed by COSSARO. Following the designation, a species recovery strategy must be developed and made public. The Minister of Natural Resources will have the authority to enter into agreements, and to issue a permit to authorize an activity, which would otherwise contravene the Act, subject to defined limits, and methods, and provided it is authorized by cabinet. This includes consultation with an expert on the impacts of an activity on the species, and that reasonable alternatives have been considered, the best alternative adopted, and adverse affects are minimized. For details, please consult the text of the Act. Maximum penalties are increased. The regulations will define further details on exemptions from the Act. These rely on the EBR website, with postings on the site for 60 days prior to any action being taken. The Act also proposed the formation of an Endangered Species Act Advisory Committee. Aboriginal traditional knowledge, and aboriginal interests are specifically addressed. Further information on the existing and proposed Act can be found on the Ministry of Natural Resources website (www.mnr.on.ca/mnr/speciesatrisk ), and on the publications Ontario website (www.elaws.gov.on.ca) . Discussion At the meeting with the Minister, and in other correspondence that has been received by the ATP, a number of concerns have been raised, including: Compensation for private landowners whose land includes a designated habitat Concern about conditions of certificates and licenses under the new Act Relationship to the municipal land use planning process Role of the Minister, or lack of it, in defining species and habitats as being subject to the Act. Under the current Act, the Minister has a key role in taking proposed species at risk to cabinet for inclusion in the regulation. Under the new Act, the COSSARO will be responsible for the designation. The Minister will have the ability to exempt activities and projects from the designation. Some of the concerns will not be able to be effectively addressed until the Act is in place, along with related regulations, and the new species and habitat identification process is operating. However, we have identified some concerns, and the means of addressing these concerns. Page 2 Endangered Species Protection Act, 2007 1. Notice. The information provided by the Minister, and in other background materials, relies on use of the Environmental Bill of Rights website for notice and comment. We have found this site difficult for the general public to access or use, and of course, it is not available at all to those without internet access. As well, there is no mechanism to direct the public to the website when something of interest is being considered. We recommend that the Minister consider also placing advertisements in newspapers with general distribution in the geographic area of the habitats and species that are defined. We also recommend that, once a specific geographic habitat is identified, accurate electronic and paper mapping of the sites be provided to each municipality, and approval agency in the vicinity of the identified habitat. 2. Compensation. Several representatives of the agricultural industry attended the meeting, and expressed concern about the impact on farmers who own land that is partially or fully identified as part of an endangered species habitat. They asked for details about compensation for such designations. Parenthetically, we have learned that, at the debates on first and second reading, a figure of $18,000,000 per year for compensation has been suggested. We recommend that, where the designation of private lands as endangered species habitat could prevent the historic use of the lands in question, compensation is warranted. We also recommend that the Minister provide a clearer direction on conditions on which compensation will be granted, and to what principles will apply to that compensation, in order to permit the farm community, cottagers, and others who may potentially be impacts an opportunity to provide their own suggestions and comments prior to final proclamation of the Act. 3. Relationship to Municipal Planning Authority. Obviously, the designation of a species at risk habitat is something that must be addressed in considering any planning application to a municipality, This relates to the recommendations on notice under recommendation 1, so that a municipality and the general public can clearly consider the matter as required by the PPS. Likewise, the ability of the Minister to grant exemptions to permit an activity by agreement, regulation, or license/permit is of interest. We suggest that the Minister clarify, in conjunction with the Minister of Municipal Affairs and Housing, the relationship between any actions taken under the proposed Act and municipal responsibilities under the Planning Act. Page 3 Endangered Species Protection Act, 2007 Item 4.1(a) NOTIFICATION Commencement of the Environmental Assessment of the Bruce to Milton Transmission Reinforcement Project Terms of Reference O N T A R I O ’ S N E W C L E A N E N E R G Y C O R R I D O R The Environmental Assessment Process The Bruce to Milton Transmission Reinforcement Project EA is being undertaken in accordance with the Act. The first step in the process is the preparation of a Terms of Reference. If approved, the Terms of Reference will provide the framework for the preparation of the environmental assessment. The Terms of Reference will set out Hydro One’s work plan for addressing the requirements of the Act when completing the environmental assessment. Consultation Members of the public, property owners, stakeholder groups, First Nations and Metis groups, government agencies and other interested persons are encouraged to actively participate in the planning process including the development of the Terms of Reference by attending consultation opportunities or contacting staff directly with comments or questions. Consultation opportunities are planned throughout the planning process. A first round of Public Information Centres (PICs) will be held in communities along the proposed transmission line to provide information about the project and the approvals processes, and to obtain input from residents, farmers, business owners and other interested stakeholders in the area. We will also be seeking input from First Nations and Metis groups through a separate engagement process. We encourage you to attend one of the PICs, where you will have the opportunity to learn more about the project, provide your input, and discuss any issues or concerns with our project team. Hydro One Networks Inc. (“Hydro One”) has initiated a Project under Ontario’s Environmental Assessment Act (the “Act”) to build an approximately 180 kilometre double circuit 500,000 volt (500 kV) transmission line on a widened existing transmission corridor connecting the Bruce Power facility (“Bruce”) in Kincardine to Hydro One’s switching station in Milton (“Milton”). The Bruce to Milton line will provide the capability to reliably and safely transmit approximately 3000 additional megawatts of electricity from the Bruce area to southern Ontario and support the Province’s climate change and clean air initiatives. The Province’s newest clean energy corridor will deliver emission-free power from new wind generation, and the refurbished Bruce Power nuclear units. The earliest in-service date for the new line is the end of 2011. The Ontario Power Authority (OPA), the provincial agency responsible for developing a long-term Integrated Power System Plan (IPSP) for the Province, has determined the need for this transmission line, the timing and the preferred route. The OPA’s analysis looked at various options to increase the capacity of the electricity transmission system in southwestern Ontario. Its final recommendation considers the technical requirements, total system capacity, provincial land use policy and the overall cost to Ontario electricity consumers. The OPA has recommended that Hydro One begin the approvals process required to build the new 500 kV line from Bruce to Milton. The new line is expected to be located immediately adjacent to the existing transmission line on a widened corridor. Additional easement interests of approximately 53 m to 61 m (175 – 200 feet) in width adjacent to the existing corridor will be required as shown on the study area map. In a limited number of cases, property purchases will be required where homes or buildings occupy the widened corridor. Public Information Centres Monday, April 30, 4 – 8 p.m. Best Western Governor’s Inn 791 Durham Street, Kincardine Tuesday, May 1, 4 – 8 p.m. Hanover Regional Aquatic Centre, Auditorium 269 7th Avenue, Hanover Wednesday, May 2, 4 – 8 p.m. Egremont Optimist Centre 392137 Concession 2, Holstein Thursday, May 3, 4 – 8 p.m. Marsville Community Hall 191282 13th Line, Marsville Monday, May 7, 4 – 8 p.m. Grand Valley and District Community Centre Grand River Room 90 Main Street North, Grand Valley Tuesday, May 8, 4 – 8 p.m. Erin Community Centre/Erin Centre 2000 Shamrock Room 14 Boland Drive, Erin Wednesday, May 9, 4 – 8 p.m. Royal Canadian Legion – Branch 197 15 Wright Avenue, Acton If you wish to be added to the project mailing list or would like further information about the project, and any future public meetings, contact: Carrie-Lynn Ognibene Hydro One Networks Inc. Tel: 1-866-345-6799 (locally 416-345-6799) Fax: (416) 345-6984 Email: [email protected] Website: www.HydroOneNetworks.com/BrucetoMilton For more information about the Ontario Power Authority and the need for the new transmission line, visit www.powerauthority.on.ca. Please be advised that any of your personal information contained in your submission will become part of the public record files for this matter and may be released, if requested, to any person unless your submission states that you do not consent to your personal information becoming part of the public record files and disclosed to any person upon request. For further information visit www.HydroOneNetworks.com/BrucetoMilton Bringing Power to the People of Ontario™ Item 4.1(b) Item 4.1(c) Ontario Energy Board Commission de l’Énergie de l’Ontario EB-2007-0051 NOTICE OF APPLICATION AND WRITTEN HEARING ACCESS TO LAND PRIOR TO APPROVAL OF LEAVE TO CONSTRUCT THE BRUCE-MILTON TRANSMISSION REINFORCEMENT PROJECT Hydro One Networks Inc. (the “Applicant” or “Hydro One”) has filed an application (the “Access Application”) with the Ontario Energy Board (the “Board”) dated March 30, 2007 under section 98 of the Ontario Energy Board Act, 1998, S.O. 1998, c.15, Schedule B (the “Act”). This Access Application is related to an application by Hydro One filed with the Board on March 29, 2007 for leave to construct a transmission reinforcement project between the Bruce Power Facility and Milton Switching Station (“Bruce-Milton Transmission Reinforcement Project”), which was assigned Board File No. EB-2007-0050. The Access Application seeks an interim Order providing Hydro One and its agents access to land affected by the proposed Bruce-Milton Transmission Reinforcement Project. The purpose is limited to conducting legal and engineering surveys, soil testing, property appraisals, biological and archeological surveys and environmental investigations together with route access for testing-related vehicles and equipment, commencing in the spring of 2007. Hydro One indicated that delaying collection of information, beyond the spring, summer and fall of 2007, would delay the proposed inservice date of the Bruce-Milton Transmission Reinforcement Project beyond 2011. The Board’s approval of the interim Order, if granted, would be solely to facilitate the collection of the information enumerated above and would not presume approval by the Board of Hydro One’s related application requesting leave to construct the Bruce-Milton Transmission Reinforcement Project. The Bruce-Milton Transmission Reinforcement Project involves the proposed construction of approximately 180 kilometres of double-circuit 500 Kilovolt (“kV”) Ontario Energy Board -2electricity transmission line adjacent to the existing transmission corridor (500 kV and/or 230 kV ). The proposed transmission line extends from the Bruce Power Facility in Kincardine Township to Hydro One’s Milton Switching Station in the town of Milton, requiring related modifications at the Milton, Bruce A and Bruce B transmission stations. The target in-service date is the Fall of 2011. Hydro One was directed to file separate Notice of Application on all affected landowners in respect of the Bruce-Milton Transmission Reinforcement Project. A map showing the location of the proposed facilities is shown in Attachment “A” to this Notice. The Board has assigned File No. EB-2007-0051 to this Access application. Who Can Participate and How Directly affected landowners, who own property along the proposed right-of-way and were served with this Notice either personally, by courier, or by registered mail, can participate in this proceeding. Note: Under section 98 of the Act, Hydro One is required to attempt to reach agreement with landowners in respect of any damage to their properties resulting from access to their land. Failing agreement, any damages resulting from access to land will be determined in the manner set out in section 100 of the Act. This Access Application will be decided by way of written hearing unless a party satisfies the Board that there is good reason for holding an oral hearing. If you are an affected landowner and object to a written hearing in this matter, you must provide written reasons why an oral hearing is necessary. Any objections to a written hearing must be received by the Board and copied to the Applicant within 10 days of the date this Notice was served. You can participate in two ways. You can either send a letter of comment or you can file a submission with the Board. 1. The Board accepts letters of comment by either post or e-mail. Our e-mail address is [email protected]. Please include the application file reference number in the subject line of your e-mail. Ontario Energy Board -32. If you wish to file a submission with the Board, please: I. file such submission in writing setting out your views on this Access Application. The Board is primarily concerned with submissions regarding the Applicant’s need for and the timing of access to the land of affected landowners, and will not deal with the related leave to construct application for the Bruce-Milton Transmission Reinforcement Project or matters pertaining thereto. II. If you represent a group, provide a description of the group and its membership; III. You must forward to the Board nine paper copies, and if possible, an electronic copy in Word format and in searchable PDF format, of your submission and provide copies to the Applicant at the addresses below. All submissions must be received no later than 21 days after the date this Notice was served. IV. If Hydro One Networks Inc. wishes to respond to the submissions of affected landowners, such response must be filed with the Board and copied to any party that made submissions no later than 28 days after the date this Notice was served; V. All submissions must quote File No. EB-2007-0051, and clearly state your name, postal address, telephone number, fax number and e-mail address. All communications should be directed to the attention of the Board Secretary at the address below, and be received no later than 4:45 p.m. on the required date. Need More Information? Further information on how to participate may be obtained by visiting the Board’s Web site at www.oeb.gov.on.ca or by calling our Consumer Relations Centre at 1-877-6322727. IMPORTANT IF YOU DO NOT FILE AN OBJECTION TO A WRITTEN HEARING OR DO NOT PARTICIPATE IN THE HEARING BY FILING A SUBMISSION IN ACCORDANCE WITH THIS NOTICE, THE BOARD MAY PROCEED WITHOUT YOUR PARTICIPATION AND YOU WILL NOT BE ENTITLED TO FURTHER NOTICE IN THIS PROCEEDING. Ontario Energy Board -4ADDRESSES Ontario Energy Board P.O. Box 2319, 27th Floor 2300 Yonge Street Toronto, ON, M4P 1E4 Hydro One Networks Inc. 8th Floor, South Tower 483 Bay Street Toronto, ON, M5G 2P5 Attn: Ms. Kirsten Walli Board Secretary Attn: Mr. Glen MacDonald Senior Advisor – Regulatory Research and Administration Tel: 1-888-632-6273 (Toll free) Fax: 416-440-7656 E-mail: [email protected] Tel: 416-345-5913 Fax: 416-345-5866 E-mail: [email protected] Solicitors for Hydro One Networks Inc. Osler, Hoskin and Harcourt LLP Suite 2500, TransCanada Tower 450 First Street S.W. Calgary, Alberta T2P 5H1 Attn: Mr. James H. Smellie Tel: 403-260-7013 Fax: 403-260-7024 E-mail: [email protected] Dated at Toronto, April 12, 2007 ONTARIO ENERGY BOARD Original Signed By Peter H. O’Dell Assistant Board Secretary Hrdro One Networks Inc. 8' Floor, South Tower 483 Bay Street Toronto, Ontario M5G 2P5 www.HydroOne.com Tel: 1416) 345-5700 Fax: (416) 345-5870 Cell: 1416)258-9383 [email protected] Susan Frank Vice President and Chief Regulatory Officer Regulatory Affairs Item 4.1(d) hydro~ one BY COURIER March 30, 2007 Ms. Kirsten Walli Secretary Ontario Energy Board Suite 2700, 2300 Yonge Street P.O. Box 2319 Toronto, ON. M4P lE4 Dear Ms. Walli: EB-2007-0051 - Hydro One Networks' Section 98 Early Access Application re: Bruce - Milton Transmission Reinforcement oroiect - Aoolication I am attaching ten (10) copies of the Hydro One Networks' Application pursuant to Section 98 of the Ontario Energy Board Act for authority providing early access to land related to an application for leave to construct a new 500 kV transmission line between Bruce and Milton, filed with the OEB on March 29,2007 (docket number EB-2007-0050). An electronic copy (text searchable Acrobat format on CD) is provided with this letter. Hydro One Networks' contacts for service of documents associated with this Application are listed in Exhibit A, Tab 1, Schedule 1. Sincerely, Susan Frank Attach. Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 1 of 13 ONTARIO ENERGY BOARD 1 2 In the matter of the Ontario Energy Board Act, 1998; 3 4 5 And in the matter of an Application by Hydro One Networks Inc., pursuant to subsection 6 98(1.1)(a) of the Ontario Energy Board Act, 1998, for an Interim Order granting access to 7 land in connection with the Applicant’s request for leave to construct a new transmission 8 line in southwestern Ontario and the Greater Toronto Area, from the Bruce Power Complex 9 on Lake Huron to the town of Milton. 10 11 APPLICATION 12 13 1. The Applicant is Hydro One Networks Inc. (“Hydro One”), a subsidiary of Hydro 14 One Inc. The Applicant is an Ontario corporation with its head office in the City of 15 Toronto. Hydro One carries on the business, among other things, of owning and 16 operating transmission facilities within Ontario. 17 18 2. Hydro One hereby applies under subsection 98(1.1)(a) of the Ontario Energy Board 19 Act, 1998 (the “Act”) for an Interim Order of the Board providing for access by Hydro 20 One and its agents to land affected by the Applicant’s proposed Bruce to Milton 500 21 kV transmission line, prior to receiving the Board’s approval for leave to construct 22 that line pursuant to section 92 of the Act. The land access being sought is for the 23 limited purpose of conducting legal and engineering surveys, soil testing, property 24 appraisals, biological and archaeological surveys and environmental investigations, 25 together with route access for testing-related vehicles and equipment (collectively, the 26 “Early Access Activities”). The information to be obtained is necessary for fixing the 27 site of the work of the new transmission line. The information obtained will be used 28 in the approvals processes associated with the new line, including proceedings under Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 2 of 13 1 the OEB Act, Environmental Assessment Act and Expropriations Act. Access prior to 2 obtaining leave to construct is required to enable the Early Access Activities to 3 commence in the spring of 2007, in order to meet the target in-service date for the new 4 line of December, 2011. 5 6 3. The Applicant’s section 92 application in relation to the new line was filed on March 7 29, 2007, under OEB docket number EB-2007-0050. That section 92 application 8 requests leave to construct a 500 kV transmission line in Bruce, Grey, Wellington, 9 and Dufferin counties, in the Regional Municipality of Halton, and in the 10 municipalities of Kincardine, Brockton, Hanover, West Grey, Southgate, Wellington 11 North, Erin, East Luther Grand Valley, East Garafraxa, Halton Hills and Milton. A 12 map showing the general location of the proposed line is included as Attachment A. 13 14 4. The new line is required to meet the need identified by the Ontario Power Authority 15 (OPA) to increase the transmission transfer capability from the Bruce to the Greater 16 Toronto Area. That need is related to an expected shortfall between transmission 17 capability and the forecasted available generating capacity in the Bruce area. The 18 OPA’s analysis is filed in EB-2007-0050 at Exhibit B, Tab 6, Schedule 5, Appendix 19 1. 20 21 5. In a letter dated March 23, 2007, the OPA advised Hydro One to initiate the activities 22 necessary to construct the new line and further indicated that it is crucial that 23 implementation work on the line proceed as quickly as possible, in order to meet the 24 earliest possible in-service date of December, 2011. The OPA’s letter is included in 25 EB-2007-0050 at Exhibit B, Tab 6, Schedule 5, Appendix 4. Attachment B includes 26 a schedule of the key activities for the new line required to achieve the target in- 27 service date, taken from Exhibit B, Tab 5, Schedule 2 of EB-2007-0050. 28 Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 3 of 13 1 6. The new line will require a 53m to 61m (175 ft to 200 ft) widening of the existing 2 transmission corridor running from the Bruce Power Complex to Hydro One’s Milton 3 Switching Station, a distance of approximately 180 kilometres. 4 approximately 400 different private, public and corporate land parcels affected by the 5 widening. Detailed maps of the affected properties are included in Exhibit B, Tab 6, 6 Schedule 11 of EB-2007-0050. A template of the temporary access agreement to be 7 made with landowners is included in that application in Exhibit B, Tab 6, Schedule 8 10, Appendix 7, and included below as Attachment C. There are 9 10 7. Many of the Early Access Activities, such as archaeological and biological surveys, 11 are needed as inputs for the Applicant’s Environmental Assessment (EA) process, 12 which will be ongoing in 2007 and 2008. If the Applicant were to wait to begin 13 collecting EA data until receiving leave to construct from the Board, expected by 14 October 2007, almost the entire 2007 data-gathering season would be lost. 15 Furthermore, as the collection of information for the EA requires the ground to be 16 bare, the time period for gathering data in the Fall of 2007 would likely be short, with 17 the imminent onset of winter. This would lead to a postponement in the bulk of the 18 EA information collection process to the 2008 season, beginning in the Spring. Such 19 a delay would cause a delay to the EA process and in fixing the route of the new line, 20 and would lead to EA approval that would likely occur beyond the Fall 2008 EA 21 approval date required to allow construction of the line to begin in early 2009, to 22 meet the target in-service date of late Fall 2011. Accordingly, early access to land is 23 required to meet the timelines for the EA approval process. 24 25 8. The Early Access Activities relating to property appraisals and legal surveying are 26 required for negotiations with landowners to commence and for an expropriation plan 27 to be developed and filed. The expropriation plan must be approved and registered 28 under the OEB Act and Expropriations Act, respectively, prior to construction of the Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 4 of 13 1 line commencing in early 2009. As legal surveys on the approximately 400 2 properties involved in the widening of the transmission corridor are expected to take 3 more than one year to complete, the surveys must begin prior to the Fall of 2007. 4 This will enable the surveys to be completed and the final expropriation plan to be 5 developed, approved and registered by the Fall of 2008, prior to the start of line 6 construction in early 2009. Waiting to commence the Early Access Activities until 7 the Board grants leave to construct would provide insufficient time to complete 8 property appraisals, undertake property negotiations, complete the legal survey work 9 and register the expropriation plan, even if leave to construct were granted by the Fall 10 of 2007. This would put in jeopardy the construction and in-service dates for the new 11 line. 12 13 9. In a letter to Hydro One dated December 22, 2006, and filed as Exhibit B, Tab 6, 14 Schedule 5, Appendix 2 in EB-2007-0050, the OPA noted that, subject to a technical 15 viability study, the use of series compensation as a stop-gap measure may be 16 considered if approvals for the new line are unduly delayed. 17 compensation is currently estimated at approximately $100 million (see OPA 18 Transmission Discussion Paper #5, p. 51 filed as Exhibit B, Tab 6, Schedule 5, 19 Appendix 5 in EB-2007-0050). 20 until the Board grants leave to construct could accordingly have a significant 21 financial consequence for electricity ratepayers in the Province, if delays to the 22 approvals processes were to lead to a decision by the OPA to request or to accelerate 23 the request for installation of series compensation. The cost of series Waiting to commence the Early Access Activities 24 25 10. Prior notification will be given to affected landowners of the Early Access Activities 26 and Hydro One will make best efforts to schedule the Early Access Activities to 27 minimize interference with farm operations. 28 expense any damage caused to landowners’ infrastructure or property, including crop Hydro One will also repair at its Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 5 of 13 1 damage, as a result of the Early Access Activities. This is in accordance with 2 subsection 98(2) of the Act, under which landowners are to be compensated for 3 damages. 4 5 11. For the reasons advanced above, Hydro One submits that is in the public interest for 6 the requested Interim Order for access to land to be granted and respectfully requests 7 the Board to do so. 8 9 12. Hydro One requests a written hearing for this proceeding. 10 11 1. Hydro One requests that a copy of all documents filed with the Board be served on the Applicant and the Applicant’s counsel, as follows: 12 13 14 a) The Applicant: 15 16 Mr. Glen MacDonald 17 Senior Advisor - Regulatory Research and Administration 18 Hydro One Networks Inc. 19 20 Mailing Address: 8th Floor, South Tower 21 483 Bay Street 22 Toronto, Ontario M5G 2P5 23 Telephone: (416) 345-5913 24 Fax: (416) 345-5866 25 Electronic access: [email protected] 26 Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 6 of 13 1 b) The Applicant’s counsel: 2 3 Mr. James H. Smellie 4 Osler, Hoskin and Harcourt LLP 5 6 Mailing Address: Suite 2500, TransCanada Tower 7 450 First Street S.W. 8 Calgary, Alberta 9 T2P 5H1 10 11 Telephone: (403) 260-7013 12 Fax: (403) 260-7024 13 Electronic access: [email protected] 14 Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 7 of 13 1 ATTACHMENT A 2 Map of Proposed 500 kv Line 3 Location Map Bruce to Milton Transmission Reinforcement Project HIG Bruce Transformer Station to Milton Switching Station Y 21 H WA HIG Lake Huron HW 2 AY 6 HIG H WAY BRUCE POWER FACILITY 6 (Bruce Transformer Station) R en ge au HI r ive GH Canadian Forces Base Borden W AY 10 S " Filed: March 30, 2007 EB-2007-0051 Exhibit A-1-1 Attachment A Page 8 of 10 ky c Ro COLBECK JCT Mount Forest IO TOWN OF ERIN Lake Belwood 6 NT AR ST an d 7 AY RO 40 HIG HW Gr Goderich " Transformer Station / Switching Station Proposed 500 kV Transmission Line (Bruce x Milton) Existing 500 kVHTransmission Line (Bruce x Milton) U 10 20 kilometres 40 ´ " 40 HW AY 8 TOWN OF MILTON Kitchener & Waterloo HW HIG AY 7 " &8 HW HIG 4 AY 01 AY Bluewater HIG MILTON SS " HI G W Townships / Municipalities Seaforth " Guelph 3 D TOWN OF HALTON HILLS HW AY HI GH D ON R Towns / Cities NR HW AY 2 RO HIG BLUEWATER HWY LO N D Major Roads 0 HU ve r AY 2 HI G Y 9 " 09 TOWNSHIP OF EAST GARAFRAXA 10 9 HW i Ma BLUEWATER HWY Legend 1 oa d 3 nd tl a Ro ad R nty Cou TOWNSHIP OF EAST LUTHER GRAND VALLEY TOWNSHIP OF WELLINGTON NORTH WA Ri BLUEWATER HWY Co un ty R iv e r Luther Lake H HIG AY 9 9 HW WAY Proposed Transmission Line Y8 WA 7 HIG H TOWNSHIP OF SOUTHGATE TOWN OF HANOVER HIG HW Te AY 2 1 at w es " H HIG HI G er MUNICIPALITY OF BROCKTON MUNICIPALITY OF WEST GREY er Riv Ri ve r Sau ge en MUNICIPALITY OF KINCARDINE 6 Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 9 of 13 1 ATTACHMENT B 2 Schedule of Key Activities 3 Bruce to Milton 500 kV line project 4 TASK START Submit Section 92 Application to OEB Submit Section 98 Early Access Application to OEB Obtain Section 92 Approval from OEB Submit Section 99 Expropriation Application to OEB Obtain Expropriation Approval from OEB Obtain EA Approval Register Plans under Expropriation Act Obtain Access to Property under Expropriation Act Line Construction Project In-Service 5 FINISH March 2007 March 2007 October 2007 December 2007 June 2008 September 2008 September 2008 December 2008 January 2009 September 2011 September 2011 Filed: March 30, 2007 EB-2007-0051 Exhibit A Tab 1 Schedule 1 Page 9 of 13 1 ATTACHMENT C 2 Agreement 3 Testing and Associated Access Routes 4 Filed: March 30, 2007 EB-2007-02051 Exhibit A Tab 1 Schedule 1 Attachment C Page 11 of 13 Access – Testing and Associated Access Routes THIS AGREEMENT made as of this __________ day of ______________, 2007. B E T W E E N: HYDRO ONE NETWORKS INC. (hereinafter called “HONI”) OF THE FIRST PART -and- (hereinafter called the “Owner”) OF THE SECOND PART WHEREAS: 1. The Owner is the registered owner of the lands legally described as (the “Lands”). 2. HONI desires to enter onto the Lands to perform certain tests, inspections, studies, and surveys (collectively, the “Tests”) on the Lands; and, to construct and utilize access routes (“Access Routes”) that may be required to conduct such Tests on the Lands, in connection with its ”Bruce to Milton Transmission Reinforcement Project” (the “Project”). 3. The Owner is agreeable to allowing HONI to enter onto the Lands for these purposes, subject to the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the sum of Two Dollars ($2.00) now paid by each party to the other and the respective covenants and agreements of the parties hereinafter contained (the receipt and sufficiency of which are hereby acknowledged by the parties hereto), the parties hereto agree as follows: 1. The Owner hereby grants to HONI: a) the right to enter upon the Lands, as of the date hereof, for the purpose of conducting such Tests as HONI, in its sole discretion and acting reasonably, deems necessary to determine the suitability of the Lands for the Project; and, b) the right to enter upon the Lands to construct and utilize Access Routes necessary to conduct such Tests. 2. HONI agrees that it shall take all reasonable care in the conduct of the Tests, and that it shall : a) compensate the Owner for any crop damage to the Lands caused by the Tests and/or Access Routes; b) restore the Lands to its prior condition so far as possible and practicable following such Tests; c) compensate the Owner for any land compaction relief required to reinstate the Lands’ soil to its original condition, to the extent possible and practicable; and, d) place within the Access Routes area any necessary drainage works to maintain any required water flows. 3. All agents, representatives, officers, directors, employees and contractors and any property of HONI located at any time on the Lands shall be at the sole risk of HONI and the Owner shall not be liable for any loss or damage or injury (including loss of life) to them or it however occurring except and to the extent to which such loss, damage or injury is caused by the negligence or wilful misconduct of the Owner. 4. HONI agrees that it shall indemnify and save harmless the Owner from and against all claims, demands, costs, damages, expenses and liabilities (collectively the “Costs”) whatsoever arising out of HONI’s presence on the Lands or of its activities on or in connection with the Lands arising out of the permission granted herein except to the extent any of such Costs arise out of or are contributed to by the negligence or willful misconduct of the Owner. 5. This Agreement and the permission granted herein shall automatically terminate upon the completion by HONI of the Tests and the removal of the Access Routes. 6. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable herein. The parties hereto submit themselves to the exclusive jurisdiction of the Courts of the Province of Ontario. 7. Any amendments, modification or supplement to this Agreement or any part thereof shall not be valid or binding unless set out in writing and executed by the parties with the same degree of formality as the execution of this Agreement. 8. This Agreement and everything herein contained shall operate to the benefit of, and be binding upon, the respective heirs, successors, permitted assigns and other legal representatives, as the case may be, of each of the Parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the signatures of their proper officers duly authorized in that behalf. Page 2 of 3 OWNER SIGNED IN THE PRESENCE OF : Per: Print Name: ________________________ HYDRO ONE NETWORKS INC. Per: Print Name: ________________________ Print Title: _________________________ I have authority to bind the corporation. Page 3 of 3 Item 4.2 ARRAN WIND PROJECT – UPDATE PREPARED FOR BRUCE COUNTY COUNCIL Thursday, April 17, 2007 Leader Resources Corp. 147 Mahood Johnston Dr. Kincardine, ON N2Z 3A2 Phone: (519) 396-3540 Fax: (519) 396-3690 -1- Background With the global heightened awareness of the need to preserve the environment for future generations has come an increased demand for electricity generated from renewable, non-polluting sources such as wind. Wind has become an integral part of the electricity generation mix, helping to meet the growing demand for energy and to provide a clean and reliable energy source for the future. According to the World Energy Council, during the last decade, global wind capacity has doubled every three years – about a 30% increase annually. Here in Ontario, the provincial government announced in its most recent budget that it has set targets to double the installed capacity of renewable electricity generation by 2025. Some of the best winds in Ontario can be found along the Lake Huron shoreline, and that is why Leader Resources Corp. has chosen a project area within the Municipality of Arran-Elderslie, County of Bruce. The Arran Wind Project was initiated in July 2006, when our company was approached by a group of landowners interested in hosting a wind farm. The project area is estimated to be able to host 20 to 30 turbines or 50 MW. Who We Are Leader Resources Corp. has been a pioneer in the emerging wind industry in Ontario. Its first project was granted a Power Purchase contract with the Ontario Government in 2006 and was developed in partnership with Enbridge Inc., a leading publicly-traded energy transportation and distribution company active in North America and internationally. The 200-MW project north of Kincardine on the shores of Lake Huron was successfully brought to a development point by our team and is now finalizing its permitry and will begin construction in 2007. Our other projects include: • The Echo Power Wind Project along the shores of Lake Erie, in Ont.; • The Twenty-Two Degree Energy Wind Project in the Municipality of Central Huron in Huron County, Ont. • Several other projects in Ontario still in preliminary stages • We are also exploring other wind energy opportunities across the country and around the world. In addition, we have the exclusive rights to a UK Waste to Energy (WTE) technology and are pursuing a number of energy-from-waste projects in Southern Ontario. -2- Arran Wind Project Actions to Date Leader Resources Corp. has been working in slow, methodical steps to move this project forward. It is our intention to ensure that our timelines reflect all environment, planning, and engineering requirements to meet all the needs without putting the project in jeopardy. Granted there is still plenty to be done in order to bring this project on-line by the end of 2009, but we feel this is the most realistic and achievable timeline To date: • Leader has negotiated with a number of landowners to acquire a package of more than 3,000 acres on which a project can be built. Under the Ontario Power Authority’s (OPA) Standard Offer Program, Leader plans to submit multiple 10-MW projects for approval. The specific siting of turbines will be decided during the design; • We installed two met towers in mid- to late- 2006 that are measuring the exact wind in the area. Additionally, we have wind data from previous studies that was taken within a short distance of our towers; • A detailed study of the wind resource was begun in March, after six months of site specific data was available; • A SODAR machine was placed in the area, also within proximity of the met towers, to access the wind resource above 60 metres; • Multiple land owner meetings were held in 2006 to introduce the project and its developers. During the meetings, the project was outlined to participating landowners, followed by question and answer periods; • Leader also made two presentations to Arran-Elderslie Council in September 2006, and answered a number of questions from interested Councillors; • A Preliminary Environmental Baseline Study was completed November 2006 by environmental consultants Jacques Whitford Limited. This preliminary baseline investigation of the natural and socio-economic environment focused on identifying potential issues that would be considered “show-stoppers” related to our proposed wind farm. The consultants concluded there do not seem to be any “show-stopper” environmental issues; -3- • We have been conducting ongoing bird searches around the Met tower and our equipment to ensure we are able to document the impact of our activities; • To date we have only received one individual request for additional information (multiple request from the same proponent) and have responded to this and the agencies included within the letter; • We have responded to a request for project status from the MOE and received confirmation that we were following the Provincial protocol; • We have been in verbal contact with and met with the County’s Director of Planning and the Planner responsible for this area; • We have been in contact with the First Nations Representative; • We have submitted an Initial Consultation Form (commonly referred to as a Form A), which is an informal process between the proponent and Hydro One to determine the feasibility of connecting to the existing 44kV system. The next step will be to submit the Connection Impact Assessment (commonly referred to as a Form B.) A MAJOR CONSIDERATION In November 2006, the Ontario Power Authority, whose mandate is to provide a reliably electricity system to Ontarians, announced its Standard Offer Contract (SOC) program, designed to help Ontario meet its renewable energy supply targets by providing a standard pricing regime and a streamlined qualifying process for small renewable energy electricity generating projects. Under the program, projects under 10MW are eligible for a 20-year contract with the OPA to deliver electricity. At the same time, the OPA announced that as a result of transmission constraints, it would not accept applications within an area that’s referred to as the “Orange Zone,” which includes the Lake Huron/Georgian Bay areas. Since that time, the OPA has been working with a group of stakeholders to discuss options and design potential changes to the SOC that would allow applications from other potential participants in that zone. The working group is now considering the options, and we await a decision before initiating more public processes. -4- FUTURE STEPS After confirmation from the OPA with respect to the transmission limitations, Leader Resources Corp. will soon begin the approval and public consultation processes. It should be acknowledged that prior to any installation of wind turbines, the following will need to take place: • Wind resource assessment; • Environmental Approval; • First Nations consultation; • Public consultation; • Zoning By-law amendments; • Municipal Site Plan Control, • Building permit approvals and; • Electrical interconnection review. FURTHER INFORMATION Leader Resources Corp. is committed to working with Council, landowners, stakeholders and the community in a co-operative environment. Should you require further information, please don’t hesitate to contact our Kincardine office at (519) 396-3540. Additionally, further information on the wind energy industry can be accessed from the following sites: Canadian Wind Energy Association (CanWEA) www.canwea.ca American Wind Energy Association (AWEA) www.awea.org Global Wind Energy Council (GWEC) www.gwec.net The World of Wind Atlases www.windatlas.dk Canadian Centre for Energy Information www.centreforenergy.com David Suzuki Foundation www.davidsuzuki.org -5- KyotoSmart www.kyotosmart.net Pembina Institute www.pembina.org Renewable Energy Policy Project www.repp.org -6- Item 4.3 NOTICE Coming Event The Ontario Professional Planners Institute Annual Conference Theme – Lifestyle 2007: Blue Skies Planning October 3 - 5, 2007 Sponsorship Opportunity We are pleased to announce that the OPPI Annual Conference will be held this coming fall at the beautiful Blue Mountain Resorts in the Town of The Blue Mountains. This conference will attract over 500 professional planners and other related disciplines from throughout Ontario. It will also provide an opportunity to highlight the life style planning features of our four seasons resort communities within the southern Georgian Bay area. This is your opportunity to have your organization recognized as a sponsor of the upcoming provincial planners conference. The conference will showcase our area and will be a high profile venue to display your support. Recognition is also given in various other ways. We invite you to become a recognized supporter. We are pleased to announce that the sponsorship package is now available online. Please take a few moments to view the opportunities by clicking here. You may sponsor events, speakers, signage, workshops, and presentations. Contributions to the golf tournament prizes or silent auction are also needed. With sponsorships available to suit any budget, we hope that we can count on your support. It is especially important for your organization to be recognized as a conference supporter. Please call us if you would like to become a sponsor or if you have any questions. John L. Tennant Committee Chair Shawn Postma Committee Recruiter 519-375-2259 519-599-3131 ext. 248 [email protected] [email protected] Rob Armstrong Conference Chair 519-599-3131 ext. 242 [email protected] Don’t miss this exciting opportunity. Please don’t hesitate to join us. Your support is very appreciated. Item 4.4