Picton Terminals Settlement Vote Deferred

Council voted 8 to 4 to defer the vote on its settlement agreement with Picton Terminals in order to seek legal advice last week. Councillor MacNaughton moved, seconded by Councillor Hirsch, “that Council seek a separate legal opinion concerning the advice the Corporation has received regarding the approved minutes of settlement agreement with Picton Terminals prior to bringing the bylaw forward for consideration.” Councillors Grosso, Harrison, Nieman, and Pennell were opposed. Councillors Braney and Roberts were absent.

The motion addresses the letter from Rodney Gill of Goodmans LLP, a lawyer retained by the County Conservancy, who wrote to advise Mayor Ferguson and members of Council “that there can be no valid or binding agreement between Council and Picton Terminals.”

The letter reviews Motion 2024-304, passed by a vote of 7-6 at the June 25 meeting of Council, and argues it, “explicitly noted that only ‘draft terms of settlement’ were approved. The word ‘draft’ has meaning and can be contrasted with the phrases ‘terms of settlement’ and ‘final terms of settlement.’”

It notes the Motion makes a distinction between “Draft Terms,” “a settlement agreement,” to be brought to Council after consultation with the Mohawks of the Bay of Quinte, and “executed minutes of settlement.”

The letter also notes that the County cannot “sell zoning” in exchange for an agreement from the Terminals to settle out of court. It argues that the County is offering to request an MZO in order to resolve an ongoing dispute. It therefore contravenes “the clear rule against selling zoning.”

Wellington Wastewater

Council unanimously decided to move ahead with securing designs for a new Wastewater Treatment Plant for Wellington. CIMA Canada Inc. has been awarded a $1.45 million design tender.

The design contract is the final step in the planning phase. The $55 million project should be completed and operational by the end of 2027. It will provide 2,800 additional units of capacity to service several new development proposals for Wellington. The last 600 units of capacity at the existing plant have been reserved for Kaitlin’s Cork and Vine.

A new WWTP is required when the municipality moves ahead with a Regional Water Treatment Plant according to County Project Manager Garrett Osborne. “You can’t have one without the other.”

Director of Water and Wastewater Don Caza noted the existing plant is more than 50 years old, the building is crumbling and the decision to replace it was made several years ago. Upping capacity to the maximum in an end-of-life facility could have serious environmental repercussions.

“Maximizing its use at the upper end of its capacity will put us at risk,” Director Caza told Council. “Wastewater plants are not meant to run at 100 per cent or even 80 per cent capacity for extended periods of time. The Ministry of the Environment, Conservation and Parks is expecting us to be responsible.”

Queen Elizabeth Take Two

Council has applied to the second round of the CMHC Housing Accelerator Fund.

A previous multi-million dollar application for the Queen Elizabeth Hub was denied in Round One of the funding program, which awarded primarily urban municipalities.

The second round of HAF applications is limited to municipalities that lost out in the first. If approved, a funding agreement will return to Council in 2025.

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