Pledge

PHOTO: JOE CROWLEY

A committee of council agrees to contribute to PECFN’s legal fund

Myrna Wood came to Shire Hall last week looking for financial support for the Prince Edward County Field Naturalist’s fight against the Ministry of Environment and developer Gilead Power over a proposed industrial wind turbine project at Ostrander Point. She went home with a pledge of $20,000 from the committee of council.

Only three councillors voted against supporting PECFN—Picton councillor Brian Marisett, Ameliasburgh councillor Nick Nowitski and Bloomfield councillor Barry Turpin. Marisett said he was looking out for the taxpayer. Turpin worried about liability exposure should the developer or Ministry of Environment deem the County a party to the legal actions.

The overwhelming majority, however, said it was time that council stood up in support of the local volunteer group that fought so valiantly to prevent the destruction of the natural habitat at Ostrander Point.

Earlier this summer an Environmental Review Tribunal was tasked with hearing two appeals—one based on threats to natural habitats, the other on impact on human health—of the Ministry of Environment’s approval of the nine-turbine project at Ostrander Point. The provincially appointed tribunal ruled that the threat to the Blanding’s turtle was too great and the protection measures proposed by the developer were too little. It revoked the Ministry of Environment’s approval based upon serious and irreversible harm to the endangered species.

It is believed to be the first time in Canada a review panel has revoked a renewable energy approval. The mostly senior citizens who make up PECFN had won the battle, but the cost was high. Their legals bills are more than $125,000.

“We are naturalists, not fundraisers,” said Wood. “We are, however, humbled by the generosity of this community. We have raised $84,000 from more than 500 donors. Sixty percent of these donations have come from the County.”

She noted, too, that the County’s tourism economy is at risk. Many visitors come each year to the south shore to witness the migration of hundreds of species of birds. Most bird enthusiasts, according to data supplied by Wood, are opposed to industrial wind turbines located near important bird areas.

Despite the victory at the provincial government’s own appeal tribunal—the Ontario Minstry of Environment along with the developer have appealed the tribunal ruling to an Ontario court. So the fight is far from over for PECFN. Worse, Gilead Power is seeking costs from PECFN should it win the appeal. That means PECFN would be on the hook for Gilead’s stout legal bills if it should lose in the courtroom.It is a tactic by the developer to force PECFN to consider carefully whether it can afford to fight the appeal and possibly lose.

So Wood asked the committee of council for help.

“The David versus Goliath nature of this fight is not lost on anyone,” said Wood.

Picton Councillor Bev Campbell proposed the $20,000 pledge.

But some councillors were wary. When PECFN had come earlier in the year asking for support, council received the legal opinion that it could be interpreted as the municipality joining the legal fight. But with the hearing complete, some councillors weren’t sure they were in the clear to help PECFN with its legal bills.

“We were advised to be cautious,” said Bloomfield councillor Barry Turpin urging an updated legal opinion. “I want to make sure our liability is covered.”

South Marysburgh councillor Barb Proctor said circumstances had changed.

“This pledge comes after the fact,” said Proctor. “We are merely subsidizing costs already incurred. I have supported PECFN personally and I will support them as councillor.”

Sophiasburgh councillor Terry Shortt agreed that the situation had changed since PECFN had first come for financial support.

“I didn’t support it the first time,” said Shortt. “But now the decision has been rendered. And it is being ignored. It’s time we took a stand and stand on our own two feet.”

Mayor Peter Mertens said council has taken the position that it is an unwilling host to industrial wind turbines and that this pledge of support was consistent with that position.

“It is unacceptable that the Ministry of Environment is part of this appeal,” added Mertens. “Further it is disgusting and unacceptable for Gilead Power to be seeking costs from PECFN.”

When council ratifies the pledge next week PECFN will be $20,000 closer to its goal.

Editor’s note: This story has been updated from an earlier version and the print edition. Three councillors not two voted against pledging $20,000 to PECFN.