The pre-development agreement between the Municipality of Meaford and TC Energy that was approved by council during their July 27 meeting has been executed and is now in force.
During council’s September 28 meeting, staff presented a report aimed at providing the community with formal notification that the agreement had been signed by Mayor Ross Kentner and the municipal Clerk.
While the funding amounts included in the agreement were part of the report to council, the agreement itself will not be released publicly.
“With respect to the confidentiality of the Agreement, staff have reviewed and sought legal advice to ensure compliance with applicable law. As the contents of the Agreement are likely to be subject to the third-party information provisions of the Municipal Freedom of Information and Protection of Privacy Act, 1990 (MFIPPA), the Agreement will not be proactively released publicly,” staff advised in their report to council.
The pre-development agreement will see $3.24 million of funding provided to the municipality by TC Energy over the next three years.
As reported in late July, the agreement includes four funding streams: a Community Support Payment of $1 million annually for three years funded by TC Energy; Municipal Capacity Funding up to $250,000 annually through provincial pre-development funding; scholarships of $25,000 annually for three years funded by TC Energy; and a Community Investment Fund matching up to $80,000 annually for three years funded by TC Energy. Together, the funding streams included in the pre-development agreement would provide up to $1.355 million annually to the Municipality and community groups, totalling $3.24 million over the next three years.
Meaford CAO Shawn Everitt told council that the pre-development agreement has no impact on a future community benefits agreement, nor does it require support of the project from council.
“This is an agreement that sees money today, without any approvals being given, or jurisdictional thumbs up,” Everitt told council.
Some residents have expressed frustration that the agreement document is not being made public, with some claiming that council and the municipality have not been transparent regarding the pumped storage proposal and the negotiation of a pre-development agreement.
“There is no good reason that staff could not have requested from TC Energy permission to release the document,” resident Paul Young told council during the public participation portion of Monday’s council meeting. Young suggested that he has received legal advice, and that he will work toward the public release of the document.
Councillor Brandon Forder asked how much of the agreement the municipality could release to the public.
Meaford CAO Shawn Everitt suggested that an FOI (Freedom of Information) process could be initiated which would trigger an FOI review of the document to determine how much of the document could be released publicly along with any necessary redactions. Everitt suggested that council could could direct municipal staff to initiate the FOI process themselves.
Councillor Brandon Forder moved a motion to direct that municipal staff initiate the freedom of information process for the pre-development agreement.
Council voted 7-0 in favour of the amendment directing municipal staff to initiate the freedom of information process in order to determine how much of the agreement can be made public.
The municipal Clerk could not predict how long the FOI process would take before a decision about the release of the document could be made.
Councillor Harley Greenfield, who was one of two members of council to vote against offering conditional support for the project in 2023, challenged the suggestions that council and the municipality have not been transparent.
“As far as transparency is concerned, I think our municipality has been as open to the public as possible, primarily because we don’t have a lot of information from TCE,” Greenfield told council. “So as far as a lack of transparency is concerned, my main objection is the very limited information we have about this project from TCE.”
Councillor Eric Ennis also objected to the accusations that council and the municipality have not been transparent regarding the pumped storage proposal, and he was frustrated that opponents of the project attended council for the public participation period to voice opposition to the pre-development agreement, only to leave the council chamber before council discussed the agenda item.
“First I want to voice that I am frustrated, that so many people came in (to the council chamber) with such high emotions, and then right as we’re getting ready to discuss this in earnest, they left the room,” Ennis told council. “I find it very frustrating, especially from people that I consider friends, and that I have enjoyed being engaged with discussions on this. I find that irksome.”
Ennis reminded those that had attended council to oppose the pre-development agreement that he was among those who travelled to Toronto with Save Georgian Bay members to deliver petitions in opposition of the pumped storage proposal to the IESO (Independent Electricity System Operator).
“Years ago I joined a lot of members of Save Georgian Bay, some of whom spoke today, to deliver petitions to the IESO, at the IESO office in Toronto,” Ennis said. “I’ve heard a couple of cases today from residents asking questions from a place that seems to lack a full picture of everything that has developed. There was one question that asked why Brandon (Councillor Forder) for example, continues to entertain an agreement that I voted in favour for, Brandon did not. So there is a clear example of misinformation. As well as the idea that this municipality is asking for this project, and why don’t we ask for wind farms or something like that. This is a proponent who has come to the municipality with a development idea, just like somebody who wants to build a house, just like somebody who wants to open a store, a doctor who wants to open an office. The municipality is in a position of having to deal with that request, this isn’t something that we are actively advocating for.”
Councillor Ennis said that he was frustrated with the accusations made against council by some of the opponents to the project.
“So, today I feel a little bit frustrated about this, and also the agenda says, the agreement has been executed, today we are just providing notification and continuing the discussion,” Ennis said. “So, for people to come in, being unaware of the process, and then accuse us of not being transparent, when all of these things are documented and public knowledge, to me is very frustrating, and it doesn’t serve effective discourse.”
Mayor Ross Kentner reminded council that though the pumped storage proposal has been in front of council and the community for several years, the project is still in its infancy, with no assurances of moving forward. Kentner suggested that the next council will be pleased to have the additional $3.24 million in discretionary funding whether or not the project is ultimately allowed to move forward.
The report presented to council was for information purposes, and did not require a decision to be made by council. The vote on the amended motion (with direction from council for the CAO to initiate the FOI process for the pre-development agreement) was 5-2 with councillors Forder and Greenfield voting against.
