Councillors here got a look at a draft agreement between the township and NextEra Canada for its Conestogo Wind Energy Centre, but it is simply that – a draft.
Chief administrative officer Patty Sinnamon told council on May 22 “It’s just information at this point.”
She said she spoke with NextEra officials in the past week and they would be requesting changes. She said she is not comfortable having council accept an agreement when she knows there will be changes made to it – and it is better to wait.
Sinnamon said she was expecting NextEra officials to attend council that day. Councillors delayed considering the agreement but the NextEra officials never did arrive, so council went through the clauses later in the meeting.
Sinnamon said the company has 90 days after the traffic study is submitted to make its “best efforts” to have the agreement in place – and that deadline is June 5.
She said public works director Larry Lynch has some concerns about the company’s proposed route for the equipment it plans to move to the turbine sites near Arthur.
Sinnamon added the township needs an assessment of the roads the company plans to use so it can bill the company for rehabilitation costs. And, she said, “Their lawyer needs a look.”
She concluded, “It may require a special council meeting to get the agreement in place.”
Councillors did have some questions about the draft agreement.
Councillor Neil Driscoll cited the clause governing “shadow flicker” and wondered what the standard protocol is for complaints.
The agreement states, “Should shadow flicker in excess of 30 hours per year affect any adjoining property owner with a view of a wind turbine who is not a participant in the project, [NextEra] shall use good faith efforts to mitigate the problem on a case-by case basis in accordance with its standard protocol in such instances.”
Driscoll wondered if it should be “12 hours, 24 hours. The same with the TV and cell phone use.”
He was referring to a clause that stated the company would have to use good faith efforts to mitigate problems with interruptions to broadcast frequency of TV radio or phone interference.
Sinnamon said the protocol is outlined in the submission to the Ministry of the Environment.
Road use issues
Mayor Bruce Whale noted a $5,000 proposed fine if the company accidently uses the wrong road en route to the turbine site with the equipment. He said NextEra wants a fine of $25.
Public works director Larry Lynch said the company argued the larger fine would be passed to the truck driver.
Sinnamon said the township could include a clause stating in the event of an emergency the company could use a different route than the one it submitted on its plan.
But that caused Lynch to point out what the company has submitted for a route is “not the simplest route at all.”
Driscoll wondered how the trucks planned to cross a bridge on Township Road 45.
Whale suggested, “These are routes pulled off Google,” an internet mapping service that has proved unreliable from time to time.
Sinnamon concluded, “So it makes sense to have a fine.”
Lynch agreed, and said he thinks the company simply used Google for its route and did not actually drive the roads to see how feasible they are for a transportation route.
Lynch said he does not want to waste the time of the township engineers evaluating roads that are not going to be used.
Sinnamon reminded him NextEra will have to pay for that roads study.
Driscoll asked if the company has insurance in place.
Lynch said it has “$2- to $5 million. It depends on what you run into.”
Driscoll responded, “Say, a bridge.” Lynch said it would take $5 million.
Whale then reminded council he might “have to call a quick meeting,” and council accepted the report for information.
UPDATE: On Monday afternoon, Mapleton Township alerted the media about a special meeting of council on May 31 at 9am to consider the agreement. The results of that meeting were not known at press time.
