Transparency

Council agrees to release terms of settlement

At a special meeting held last Wednesday evening, Council decided to release the terms of settlement made between Picton Terminals and the municipality.

Council settled a legal dispute with Picton Terminals in a closed session in June. At its July 23 meeting, Council learned that Picton Terminals had accepted the terms, which according to County lawyers, is now legally binding.

Mayor Steve Ferguson brought forward a motion that would see the terms made public. He also asked that the meeting to enact the bylaw be moved from the August 27 meeting to the September 10 meeting, due to waterworks tenders taking up a significant portion of the August 27 meeting, and allowing more time for a response to a meeting invitation to the Mohawks of the Bay of Quinte.

“This matter has been difficult for everybody. There has been a great deal of consideration and discussion amongst the public about releasing the terms of settlement. I have long believed that it is the appropriate thing to do,” said Ferguson. “At the end of the day, we must share this information with the public.”

Ferguson also noted that the message from the public had been heard loud and clear.

“All of us around the Horseshoe, and our staff members, have taken and made a great deal of effort to ensure that we are open and transparent. The complexity of this particular document meant that we were less than we should have been, let’s put it that way.”

Councillor Bill Roberts agreed it could be a full and heated agenda, saying he had similar thoughts, but was still uncertain.

“I worry about that old adage, unintended consequences,” said Roberts. “Why would we consider changing the plans and course advised by staff, and by legal counsel?” he asked.

CAO Marcia Wallace told Council although it was an unusual way to go about business, there was nothing legally precluding it.

“I did reach out to our legal team. This is a very unusual process in a settlement because we have a binding agreement where the last step is to get a physical signature. We can’t do that until we get a bylaw,” she said.

“I think the public is also getting tired of flipflopping. If we flip-flop once again, aren’t we just giving air to loss of credibility as a governing body?” added Roberts.

Councillor David Harrison then put forward a motion to see the meeting stay on August 27. It lost in a seven to seven recorded vote.

The bylaw will come forward to Council at its September 10 meeting.

SETTLEMENT DETAILS
The settlement requires the issuance of a Ministerial Zoning Order (MZO) by the Minister of Municipal Affairs and Housing by the end of 2024. The order will define the land uses permitted on the property, including planned expansions.

Upon issuance of the MZO, Picton Terminals will enter into a development agreement with the County, which will regulate its operations to minimize disruptions to the local community, ensure environmental stewardship, and maintain a good relationship with the County.

ENVIRONMENTAL COMMITMENTS
The settlement appears to include several significant environmental commitments designed to mitigate the impact of the operations on the surrounding environment.

Picton Terminals is required to implement a dust management system. This system aims to reduce off-site dust impacts caused by traffic, loading, unloading, and storage of goods on the property. The dust management system will be based on industry best practices and will be monitored and updated as necessary, based on operational experience.

Stormwater on the property must be managed according to a plan approved by the Ontario Ministry of the Environment, Conservation and Parks. The stormwater management report will be updated as needed, and the Terminals’ operations must comply with all Environmental Compliance Approvals issued by the Ministry. This ensures that runoff from the site does not negatively impact local waterways or the surrounding environment.

Within six months of the settlement, Picton Terminals must develop an environmental management and spills prevention plan.

This plan will be developed with the involvement of the Quinte Conservation Authority and must be approved by the County. The plan will include training for employees and ensuring that all necessary equipment is available on-site to handle spills. It will identify Source Water Protection requirements and ensure that the spills protection plan is consistent with these requirements, thereby safeguarding local water resources.

The settlement prohibits the shipment of garbage, nuclear waste, and substances listed on the Toxic Substances List under the Canadian Environmental Protection Act, 1999 to or from the property. This provision aims to prevent the terminal from becoming a conduit for hazardous materials that could pose significant environmental risks.

Picton Terminals must develop an emergency and fire management plan within six months of the settlement. This plan will be created in consultation with the County’s Fire Chief and will include measures such as emergency response equipment, fuel storage protocols, emergency vehicle routes, and communication procedures during an emergency.

The terminal is required to install exterior lighting that directs light downwards, minimizing light pollution and its impact on adjacent properties. The use of exterior lighting will be limited outside of operating hours, reducing the disturbance to wildlife and the local community.

Picton Terminals must protect the natural environment, particularly the cliff faces and vegetated areas along the shoreline. Picton Terminals will not make alterations to the shoreline or the vegetated areas within 30 metres of the water’s edge without approval from the Quinte Conservation Authority or other relevant authorities.

The agreement also requires the maintenance of existing vegetated areas, and any expansion of operations will necessitate the development of a buffering or berm plan to be approved by the County. This ensures that the natural landscape is preserved and that any new development is screened from the surrounding area.

A public committee will be established to include representatives from Picton Terminals, the County, and up to three local community members. This committee will meet every four months to address community concerns and keep the public informed about terminal operations. Picton Terminals will also be required to maintain a log of complaints related to its operations and take steps to resolve these issues, further ensuring accountability and responsiveness to environmental and community concerns.

The full settlement document can be found on here.