Body: Council
Type: Agenda
Meeting: Special
Date: October 24, 2025
Collection: Council Agendas
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Special Council Agenda 9:00 a.m. - Friday, October 24, 2025 Council Chambers Zoom Meeting Registration
Call to Order and Purpose of Meeting
a) Public Notice regarding Recording of Meetings
Recorded Meetings - Notice to Public 3
Traditional Land Acknowledgement
We begin this gathering by acknowledging and celebrating these traditional lands as a gathering place of the first peoples and their ancestors who are entrusted to care for Mother Earth since time immemorial. We do so respecting both the land and the Indigenous People who continue to walk with us through this world. Today, the Township of North Frontenac is committed to working with Indigenous Peoples and all residents to pursue a united path of reconciliation.
Approval of Agenda
a) October 24, 2025
Be It Resolved That Council approves the Agenda for the Special Meeting dated October 24, 2025, as circulated.
Disclosure of Pecuniary Interest and General Nature Thereof
Closed Session
a) Closed Meeting of Council
Be It Resolved That Council moves into Closed Session at ______ a.m. pursuant to the following subsections of the Municipal Act Section 239(2): (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.
More specifically, to discuss a potential Battery Energy Storage System
Page 1 of 103
Project, including a potential option agreement
Rise and Report (Overview of the Closed Session by the Chair)
The Open Session of Council will begin at 10:30 a.m. The Mayor will read his opening remarks.
Presentation
a) Lisa Asbreuk, Cunningham Swan
Be It Resolved That Council receives for information the presentation from Lisa Asbreuk, Partner with Cunningham Swan, entitled “Legal Review of Alectra Proposed Battery Energy Storage System (BESS) project; and thanks her for her time spent today.
Presentation 4 - 22
Council, CAO, and Managers’ Administrative Reports
a) Public Comments
Public Comments provided by email
BESS Opposition Petition
Public Comments received by email
BESS Opposition Petition 23 - 84
b) Battery Energy Storage System (BESS) Project Update
Be It Resolved That Council receives for information the Clerk Planning Manager’s (CPM) and Public Works Manager’s (PWM) Administrative Report entitled “Battery Energy Storage System (BESS) Project Update”; And That Council will consider the Municipal Support Resolution (MSR) and Lease Option Agreement (LOA) at the next regular meeting of Council on October 31, 2025.
Battery Energy Storage System (BESS) Project Update - Pdf 85 - 102
Public Forum
Confirmatory By-law
a) Confirming By-law #2025-45
Be It Resolved That By-law #2025-45, being a By-law to confirm all actions and proceedings of Council for its Special Meeting held October 24, 2025 be read a first, second, and third time and finally passed.
2025-45 Confirming By-law - October 24, 2025 103
Adjournment
a) Motion to Adjourn
Be It Resolved That Council adjourns the Meeting at ___ .m. until October 31, 2025 or at the call of the Chair.
Page 2 of 103 Please be advised North Frontenac Council Meetings are recorded. By attending a public meeting of Council, you are consenting to your image, voice and comments being recorded. The Chair and/or the Clerk have the discretion and authority at any time to direct the termination or interruption of the recording. Such direction will only be given in exceptional circumstances where deemed relevant. Circumstances may include instances where the content of debate is considered misleading, defamatory or potentially inappropriate to be published. The Township shall not be responsible should technical difficulties prevent the recording of any meeting, or a portion thereof. Technical issues may include but are not limited to the availability of the internet connection, device failure or malfunction, unavailability of social media platforms or power outages. It should be noted that no protection is afforded to Council Members, Employees or the public for comments made during Meetings which are subsequently challenged in a court of law and/or determined to be defamatory. Notice is hereby provided that under the authority of the Municipal Act, 2001 and in accordance with the Municipal Freedom of Information and Privacy Act (MFIPPA), that all information provided for at a public meeting or other public process are considered a public record. Members of Council, Staff, Delegates and attendees should be mindful of using names of individuals or entities when discussing matters in public. Attendees are advised that they may be subject to legal action if their actions result in inappropriate and/or unacceptable behaviour or comments. Page 3 of 103 Legal review of Alectra proposed battery energy storage system (BESS) project Lisa Asbreuk Partner Corporate/Commercial/Energy Law Cunningham Swan LLP lasbreuk@cswan.com 613 546 8080 OPEN Council meeting Township of North Frontenac October 24, 2025 Page 4 of 103
- Option Agreement Granting Alectra the right to lease the site for a potential project on pre-agreed Lease terms.
Municipal Resolution in Support of Proposal Submission indicating support to bid: • Township is supportive of a project bid on municipal lands • Satisfactory community engagement has occurred What is requested of the Township now? Page 5 of 103 Option Agreement = site access. Alectra cannot bid a project without legally binding site access rights. Alectra needs to know cost of site access for project economics and bid price. Municipal Support Resolution = required for projects on municipal lands. Alectra cannot bid a project on municipal lands without an MSR. Mandatory under 4.2(c)(iii) of the LT2(c-1) RFP. Also confirms Township is satisfied that community engagement is occurring. Why now? LT2 bid requirements Page 6 of 103 All permitting remains TBD. The project is NOT approved at this stage. Regulatory approval applications have NOT yet been submitted. All regulatory requirements will need to be met if the project proceeds: • applicable provincial Ministries (MECP etc.) • Mississippi Valley Conservation Authority review • land use planning requirements under the Planning Act • other regulatory requirements (sound, setbacks, etc.) Permitting remains to be determined if the project proceeds Page 7 of 103 E-LT1 LT1 CLOSED CLOSED – PROJECTS COMPLETE
- PROJECTS COMPLETE LT2 W1 2025 – procuring generation & storage assets LT2 W2 2026 LT2 W3 2027 LT2 W4 2028 CONTEXT Ontario is procuring new waves of electric energy projects. Page 8 of 103 procurement acronyms IESO = Independent Electric System Operator LT2 (c-1) RFP = Long Term Capacity Services (Window 1) Request For Proposals CONTEXT Page 9 of 103 industry terms energy (generation assets for the grid) capacity (dispatchable / storage assets for the grid) CONTEXT Page 10 of 103 Key requirements for renewable energy + battery projects: Power / capacity off-taker (buyer) = IESO Experienced + financeable developer Willing host landowner Supportive municipality Indigenous partner Interconnection capacity (Hydro One grid) Regulatory approvals CONTEXT Page 11 of 103 Project siting is a volunteer sport. Willing host landowners and supportive municipalities are critical. Alectra cannot compel this project at this location, but when developers know or believe transmission capacity is available on a Hydro One transmission line, expect that multiple developers may pursue a project on that line in the vicinity. CONTEXT Page 12 of 103 Key legal requirements for projects: Power / capacity buyer Experienced developer Landowner host Accepting municipality Indigenous partner IESO Contract LT2(c-1) $$ financing (loan + security documents) Option Agreement / Lease MSR initially CBA will come later equity agreement Hydro One interconnection agreement Interconnection capacity Regulatory approvals many authorities CONTEXT Page 13 of 103 • Early stage pre-development work happening now • Site access (Option Agreement)(pre-agreed lease terms) • Municipal support for the LT2 bid • Indigenous support • Assessment for sufficient interconnection capacity on Hydro One grid • BID for an IESO LT2 c-1 contract (bids due Dec 2025) • WAIT for IESO to award LT2 c-1 contracts across Ontario (2026) • If successful in receiving an IESO contract: • Begin all permitting requirements with regulatory authorities • Continued public consultation • Planning Act requirements • Community Benefits Agreement – to be drafted • Construction financing if project is economic • Construction + energization • Commercial Operation Date (COD) Potential project timeline Page 14 of 103 • Township is granting Alectra a legally binding option to lease a portion of the property (not entire legal parcel). • Option agreements like this as customary and necessary in Ontario and most jurisdictions where project development takes years to explore and determine if and where a project is possible and sensible. • Alectra does not know yet if the project will proceed. • If Alectra exercises the option, Alectra will have a long-term lease. • Alectra may or may not exercise the option in Alectra’s sole discretion. • Option Period: long enough to bid for an IESO contract and determine if the project is feasible • Little activity during Option Period years (just site investigations/assessment) PROPOSED Option Agreement Page 15 of 103 • Term is long term • site assessment period • Construction Period • Operating Period = long enough to cover IESO contract term (+possible extension) • Decommissioning • Alectra will own all installed equipment. • Alectra will have exclusive rights to the leased acres portion of the property • Township may still sell or mortgage the property (some rules apply) • Environmental responsibilities are set out • Township lawyers are negotiating decommissioning financial security from Alectra PROPOSED form of Lease Page 16 of 103 • CBAs are not a tool to attempt undue leverage or impose unreasonable terms. • CBAs are not required by any law. • CBAs are a tool to capture a voluntary deal reached. Alectra has offered a Community Benefit Agreement to the Township of North Frontenac, which will be negotiated and settled if the project proceeds. Key terms have been captured in a Memorandum of Understanding (MOU) at this time. Alectra has also offered a Community Benefits Agreement (CBA) Page 17 of 103 DRAFT proposed CBA terms: • Community Benefit Fund annual contributions by Alectra. • Elected officials would determine how funds would be used and made available for community desires • Fire safety plan + emergency safety planning to satisfaction of Fire Chief(s) and emergency responders and municipal officials. Annual fire/safety training paid for by Alectra. • Certain fees coverage (TBD) of Township CBA proposed key terms Page 18 of 103 A CBA is a legally binding contract between an energy project development company and the municipality capturing what has been agreed for compensation and benefits to the community. Typically materializes in discussions related to the municipality’s support of proposed energy or infrastructure project which will have impacts on the community. Municipalities use CBAs to influence development decisions, test which project companies are best for their area, be taken as a serious contractual counterparty, and respond to constituent questions about what is in it for the community. What is a CBA? Page 19 of 103 A CBA is a mechanism for community-minded developers to document their promises and commitments to help the community adapt and be fairly compensated for hosting a private sector, for-profit business project. CBAs can share wealth and prosperity, and it can help a municipality respond to a proposed development which may bring change to the community. CBAs can help balance benefits and impact. Purpose of a CBA Page 20 of 103 • Full circle benefits: • Revenues may be reinvested into local priorities and/or spread around democratically • Revenue distribution assurances are documented for the community and the project owner • Provides recognition for good developers • Creates community goodwill and mutual appreciation • May foster future energy projects and attract responsible developers • May help advance regional clean energy or energy resiliency goals CBA lasting benefits Page 21 of 103 Ontario is committed to a serious energy build out, and transmission capacity in certain areas of the province is now determinative. We are here to help rural communities navigate Ontario’s energy sector opportunities. Thank you. Lisa Asbreuk Partner Corporate/Commercial/Energy Law Cunningham Swan LLP lasbreuk@cswan.com 613 546 8080 Page 22 of 103 Date Name Comment 2025-09-12 Carol Hillier The proposed B.E.S.S. that is under consideration makes me hope that it is only under consideration and not a done deal. I am concerned about the noise pollution. I have no property close to the 506 dumpsite, but I know people that do. I am concerned about the constant noise that will occur from the air conditioning required to keep the facility cool. I have many concerns regarding the possibility of this battery storage facility being built in our area that are similar to the concerns addressed by other taxpayers at the 3pm public meeting on August 27th. I am not in favour of this type of facility now or in the future in our Community of North Frontenac. I vote NO! 2025-09-14 Carl Cannon Please be advised of our strong objection to the battery energy storage proposal that potentially could be located on municipal lands located on Highway 506 between Mississagagon Lake and Kashwakamak Lake. The possible long term risks from potential battery and transformer related spills and leaks on the subject lakes and groundwater and the noise emanating from such facilities does not seem to merit the potential short term lease monies the municipality may receive from leasing the subject lands. Further, associated construc
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