County News
Discussions
Divided council approves draft terms of settlement
At last Tuesday’s meeting, after gathering behind closed doors, Council approved draft terms of settlement between the municipality and Picton Terminals.
Council directed its legal counsel to seek similar approval from Picton Terminals and that a meeting with Council, the Mohawks of the Bay of Quinte, and Picton Terminals be held to discuss the draft terms prior to bringing a bylaw to implement a settlement agreement.
Only at that time will the minutes of settlement be made public.
Before Council made its decision, it heard from members of the public.
Ken Stewart of The County Conservancy wondered what had changed since Council decided not to settle just last year.
“At that time I asked, what is the benefit of Picton Terminals to Prince Edward County? I have difficulty coming up with any. All I hear is noise, light and dust,” he said.
Bob Cooke said that governments at every level have issues of trust right now.
“I don’t know if you should be negotiating with them or not. And the reason I don’t is I don’t have any idea how you are planning to approach this, because everything has been done without any disclosure of information,” said Cooke. This is a situation that breeds distrust. A lack of transparency and a lack of information.”
Picton resident Libby Crombie urged Council not to give up in its fight, as Picton Terminals have not been good neighbours.
“You have already spent a lot. Don’t give up now. I think we need to proceed and come to a conclusion. It might take more fundraising. I for one would be very happy to do that because I know how important this is.”
The motion carried in a 7-6 recorded vote. In favour were councillors Chris Braney, Brad Nieman, Sam Grosso, Corey Engelsdorfer, David Harrison, Roy Pennell and Bill Roberts.
Councillors Phil St-Jean, Kate MacNaughton, Janice Maynard, Phil Prinzen, John Hirsch and Mayor Steve Ferguson were opposed.
In a release last week, Mayor Steve Ferguson said Council decided to address the widest range of community concerns, some of which would not be possible through litigation.
“The municipality does not have the authority to interfere with activities that are, at their core, shipping and navigation, but that does not mean that Picton Terminals has a blank cheque on how it operates in our community,” he said.
This comes after Council chose to ask staff to draft the terms of settlement at its June 11 meeting.
“In a final good faith effort to seek a negotiated agreement that will bring timely closure to the Picton Terminals litigation issue and provide tax levy mitigation prior to the 2025 budget planning cycle, Council direct staff to return in closed session as soon as practical with draft terms of settlement for Council approval,” said Councillor Brad Nieman.
The current dispute began in 2020 when Council unanimously denied Picton Terminals’ rezoning request for an expanded list of permitted uses on its property. Picton Terminals appealed to the Local Planning Appeal Tribunal, but withdrew that appeal in 2021—arguing the municipality didn’t have jurisdiction over the matter. In response, the municipality sought a court ruling to assert its authority by way of an injunction against Picton Terminals.
The injunction sought to restrain Picton Terminals from developing outdoor storage and a facility to load and unload containers. It also looked to block cruise ships from docking at Picton Terminals.
In the spring of 2023, the County and Picton Terminals agreed to engage in discussions that could lead to a negotiated settlement with “hope to avoid a costly and protracted legal battle”.
At the time, attempts to reach a settlement failed. The County claimed it had “no other course of action but to seek a court ruling” on bulk storage arguing that shipping containers should not be included in the definition of bulk storage.
It seems, for reasons unknown, things have changed.
This is an excerpt from an email I’m sending out, from a very small portion of information I have gleaned looking into Shire Hall:
Municipal Recall Legislation
I have very recently written to Todd Smith, our MPP, and received the following response to my question regarding how to go about gaining the Right of Voters to dismiss a Mayor, an individual Councillor or the Municipal Council in its entirety. This response came from Adam Bramburger, Constituency Assistant, Director of Constituency Communications, MPP Todd Smith, Bay of Quinte.
***************************
His [original/unrevised] response is as follows:
Ontario does not have any mechanism currently where the electorate can remove sitting councillors. Alberta recently passed legislation that would allow for such recall.
In Ontario, each municipality is required under the Municipal Act to have a code of conduct for members of council, which would include a complaints process and a designated integrity commissioner to hear those complaints. Sanctions from that process could include a reprimand or suspension only.
Changes would require legislative amendments to the Municipal Act, and possibly the Municipal Elections Act. One could achieve this by writing to Members of Provincial Parliament, or bringing a petition to the Legislature to encourage the tabling of a bill. I can’t really speak to the government’s appetite for such a bill but could share your thoughts with MPP Smith and with the Minister of Municipal Affairs and Housing for their consideration.
Personally, I think if such a bill were to be considered, one would have to consider the mechanism and the threshold to be successful and ensure that it is a substantial reflection of the electorate, rather than a tool that becomes a distraction or a political weapon.
Regards,
Adam Bramburger | Constituency Assistant
Director of constituency communications
Mpp Todd Smith, BAY OF QUINTE
5503 Highway 62 South
UNIT 8, Box 6-2
Belleville, ON K8N 0L5
Tel 613.962.1144| EmaiL: adam.bramburger@pc.ola.org
*******************************
I have responded to Mr. Bramburger’s email on Monday, 15 July, 2024 at 12:04, as follows:
Once again, Mr. Brambuger, I thank you for your assistance regarding the procedures required on how to implement “Municipal Recall Legislation”. I believe, however, I (and no doubt others) will make direct contact with Todd Smith, my MPP – Ontario, and Hon. Paul Calandra, Minister of Municipal Affairs and Housing, among other Provincial and Federal bodies.
With Regards,Teena Karsai
Resident of North Marysburgh, Prince Edward County
Ontario
********************************
This last communication with Mr. Bramburger was copied, as a courtesy, to Todd Smith, MPP, and Hon. Paul Calandra, Minister of Municipal Affairs and Housing. Their websites give their email contact information, but to save you time (should you be so inclined to contact them with your thoughts), their email contact information are:
Todd.Smithco@pc.ola.org
Paul.Calandra@pc.ola.org
Personally – all Canadians of voting age should have this Right already. We should not have to appeal to our Governments good will to attain this. While I would urge everyone in the entire country to advocate for the Right to Municipal Recall, this is, of course, a very personal decision. In Alberta, the new legislation also includes every position set out on the election ballot – ie School Trustees, etc.. I believe they also have the right to include the CAO and members of Staff, but again, I’m not sure about that. Let’s face it. If we elect them, and we’re paying them, and by default paying the CAO, the Integrity Commissioner and Staff, shouldn’t we also have the right to dismiss them using their own rules of process? I know of no other profession where you have to wait four years to replace an unsuitable employee.
This is an excerpt from an email I’m sending out to my neighbours, from a small portion of information I have gleaned looking into Shire Hall:
Municipal Recall Legislation
I have very recently written to Todd Smith, our MPP, and received the following response to my question regarding how to go about gaining the Right of Voters to dismiss a Mayor, an individual Councillor or the Municipal Council in its entirety. This response came from Adam Bramburger, Constituency Assistant, Director of Constituency Communications, MPP Todd Smith, Bay of Quinte.
***************************
His [original/unrevised] response is as follows:
Ontario does not have any mechanism currently where the electorate can remove sitting councillors. Alberta recently passed legislation that would allow for such recall.
In Ontario, each municipality is required under the Municipal Act to have a code of conduct for members of council, which would include a complaints process and a designated integrity commissioner to hear those complaints. Sanctions from that process could include a reprimand or suspension only.
Changes would require legislative amendments to the Municipal Act, and possibly the Municipal Elections Act. One could achieve this by writing to Members of Provincial Parliament, or bringing a petition to the Legislature to encourage the tabling of a bill. I can’t really speak to the government’s appetite for such a bill but could share your thoughts with MPP Smith and with the Minister of Municipal Affairs and Housing for their consideration.
Personally, I think if such a bill were to be considered, one would have to consider the mechanism and the threshold to be successful and ensure that it is a substantial reflection of the electorate, rather than a tool that becomes a distraction or a political weapon.
Regards,
Adam Bramburger | Constituency Assistant
Director of constituency communications
Mpp Todd Smith, BAY OF QUINTE
5503 Highway 62 South
UNIT 8, Box 6-2
Belleville, ON K8N 0L5
Tel 613.962.1144| EmaiL: adam.bramburger@pc.ola.org
*******************************
I have responded to Mr. Bramburger’s email on Monday, 15 July, 2024 at 12:04, as follows:
Once again, Mr. Brambuger, I thank you for your assistance regarding the procedures required on how to implement “Municipal Recall Legislation”. I believe, however, I (and no doubt others) will make direct contact with Todd Smith, my MPP – Ontario, and Hon. Paul Calandra, Minister of Municipal Affairs and Housing, among other Provincial and Federal bodies.
With Regards,Teena Karsai
Resident of North Marysburgh, Prince Edward County
Ontario
********************************
This last communication with Mr. Bramburger was copied, as a courtesy, to Todd Smith, MPP, and Hon. Paul Calandra, Minister of Municipal Affairs and Housing. Their websites give their email contact information, but to save you time (should you be so inclined to contact them with your thoughts), their email contact information are:
Todd.Smithco@pc.ola.org
Paul.Calandra@pc.ola.org
Personally – all Canadians of voting age should have this Right already. We should not have to appeal to our Governments good will to attain this. While I would urge everyone in the entire country to advocate for the Right to Municipal Recall, this is, of course, a very personal decision. In Alberta, the new legislation also includes every position set out on the election ballot – ie School Trustees, etc.. I believe they also have the right to include the CAO and members of Staff, but again, I’m not sure about that. Let’s face it. If we elect them, and we’re paying them, and by default paying the CAO, the Integrity Commissioner and Staff, shouldn’t we also have the right to dismiss them using their own rules of process? I know of no other profession where you have to wait four years to replace an unsuitable employee.
Perhaps “It seems, for reasons unknown, things have changed” might have been ” … for reasons which you won’t know until it’s irrevocable.”