Adam Bramburger
Beaver Staff
Stone Mills council unanimously approved a compromise with BluEarth Renewables Inc. Monday that will pave the way for the Loyalist Solar Project to be built within the township.
Following a resolution of council, March 5, which directed all power lines along Sheffield Bridge, Murphy, and Edges roads be buried underground, except in areas where they may interfere with wetlands — a request BluEarth indicated at the time would be cost prohibitive — the proponent returned with a final offer to reconcile differences and appease public concerns.
A new proposed connection line route would move an additional 2.75 km of line underground. Specifically, it includes a 1.23-km section on Murphy Road from Sheffield Bridge Road to Haggerty Road, a 750 m south of Haggerty on Murphy, and an additional 240 metres on Edges Road.
“We’ve been working internally to come up with a plan that meets the intention of the motion and bury as much line as is practical based on costs and environmental risks,” said BluEarth project lead Andrea Garcia. “This is approximately an additional three kilometres of underground line in addition to what was presented March 5, bringing the total to 11 km or so underground. It leaves only two remaining sections of overhead on the line.”
The one section, on Murphy Road, avoids much of the tree canopy neighbouring residents expressed concerns about. Garcia said it’s primarily flat fields and not in view of any residences. The second section, on County Rd. 27, was also above ground in the previous proposal. Garcia said there were concerns about burial due to wetlands and concern about trenches being disrupted by future road work.
With its proposal, BluEarth communicated by way of letters to councillors that it could seek other steps to resolve the negotiation if council did not agree Monday. Those steps could include going to the Ontario Energy Board for a ruling, pursuing arbitration, or pursuing compensation for delays in construction through the courts.
“We sincerely hope that this offer is accepted and approved by township council at its March 19 meeting. As stated in our other letter, in the event the matter is not resolved on March 19, Loyalist Solar LP will have no choice but to pursue other steps to enforce our rights,” BluEarth executive vice-president Jamey Fitzgibbon communicated in a March 14 letter included in council’s public agenda package.
Prior to discussing the matter before nearly 80 people, councillors also received a reminder from resident Blake Thompson about the $145,800 the township would receive annually for 20 years as part of a community vibrancy agreement and the increased taxation from industrial property that was in jeopardy. He said the community vibrancy money alone was the equivalent of taxation from 30 new homes.
“This is a substantial amount of revenue for our township,” he said. “I feel that having BluEarth bury the lines may be more of a risk than some are willing to take if they choose to leave and cancel the project. I think Stone Mills should send a message to the industry sector that we are open for business.”
Thompson encouraged councillors to “give a little to get a little.”
Deputy-reeve John Wise said he didn’t want the decision to fall outside of council’s grasp and going to the OEB or some other decision-making body.
“The way I’m seeing it right now is I don’t want to lose control of this process. We’ve made some gains here — It’s not everything we wanted, but it’s a lot of what we wanted. From an environmental standpoint, there’s not a lot of tree cutting. On County Rd. 27, the trees will be cut anyway, whether it’s above ground or buried.
“I’m concerned if we turn down this compromise situation and if we do end up in court where BluEarth is seeking to recover costs and damages, if the court decides the township has not operated within the terms of the road use agreement — in other words, has not operated in good faith, our insurance won’t cover us.”
Wise later brought forward indications the township’s lawyer gave an opinion it could be vulnerable because of the late stage in which it decided to ask for complete burial.
“The gist of it is the township has some exposure here. It could be reasonably claimed by the proponent that we have not acted reasonably, fairly and in a timely manner,” he said. “Our lawyer suggests they may have a valid position. If our insurance does not cover the resulting lost court case, we are facing a very large expense. I am not prepared to put the taxpayers and township’s reserve at risk in that situation.
“Want to call it running scared? I call it being prudent. I have to support this proposal that has addressed all the visibility concerns, the tree-cutting concerns, and with proper redress the Internet concerns. It does not address all the aesthetic concerns, which I share, but I think it is the best we can do without putting ourselves at significant risk.”
Kevin Richmond agreed with that assessment.
“We rejected their proposal March 5. That was, in my eyes, a negotiation tactic to see if we could get better. We do have some better. I’m not sure it pleases anybody on either side, but going forward do we want to spend a lot of money and take it out of the revenues of the township to argue and fight over basically two kilometres of County road the will be clear cut in the coming years anyway?”
Doug Davison noted that a year ago councillors undertook a strategic planning exercise where its top priority was finding ways to encourage development to make money and ease the burden on taxpayers. He said the community vibrancy money addressed that and commended the proponent for its efforts to appease residents.
Davison made a motion to accept the compromise, while adding language to agreements to protect the township in the event residents have concerns over changes to Internet service.
“BluEarth has been excellent in my opinion. This proposal tonight, I’m very pleased to see. I think they went the extra mile again. It’s much better to get along with people than fight with them,” he said. “If anyone thinks going to court or going to an adjudicator is a winning hand, I’ve got news for you…”
Deb Thompson seconded.
“I don’t think there’s one person in this room that would not like to see this project succeed,” she said, adding it represents a $145,000 cheque already in the township’s hands.
“Can we afford to give that away? No, we cannot. If you think so, come to a budget meeting. Let’s try to figure that out together… It’s time for us to move forward with this project.”
While councillors did ultimately vote 6-0 in a recorded vote to accept the deal, councillors Martha Embury and Wenda LaLande supported it after initially voicing some concerns.
Embury bemoaned the fact the Ontario government has taken final decision making away from local councils and expressed her disappointment BluEarth hadn’t been keeping updated information about the project on its website. She indicated she also did not appreciate the tone of BluEarth’s communications as the roads use agreement required both parties to negotiate in good faith to reach satisfactory solutions.
“All we need to do is come together as that remedy has not been exhausted. Instead, we get a letter from the proponent stating they will ‘stop the project and pursue all available legal options.’ So, is that integrity? I don’t think so. There are questions I need clarification on. Personally, I feel I have been left out of the process along with the public and I don’t feel comfortable having a gun to my head.”
LaLande agreed, stating it almost made her want to scuttle the good offer presented.
“I had looked over this new plan and felt it appropriately answered all my questions. I thought it was a pretty good fit to our original motion. I got your second letter and I wasn’t happy,” she said. “I was prepared to say ‘Please take your company and go elsewhere.’”
Embury also questioned whether the township had done its due diligence as she noted it had not hired a third party engineer as prescribed by the road use agreement and she pushed for councillor to direct one be hired. Township public works supervisor Jeff Thompson said the municipality made use of engineers provided by Quinte Conservation and the Ministry of Environment and Climate Change.
Chief administrative officer Bryan Brooks also indicated in future Stone Mills would have an engineer on retainer for any situation council deems one necessary.
BluEarth will now look to start clearing vegetation at its solar panel sites to beat an April 15 Ministry of Natural Resources and Forestry moratorium to protect habitat during active season.