Pickering Reaches Settlement on York-Durham Sewer System Pickering, ON, August 5, 2010 – The City of Pickering and Regional Municipality of York (York Region) have signed off on the Minutes of Settlement with respect to the Southeast Collector Trunk Sanitary Sewer (SEC) and Duffin Creek Water Pollution Control Plant. In 2009, the City initiated legal action against York Region over the twinning of the SEC and the location of its related odour control facility. However, as the legal proceedings unfolded, the City received a broad range of legal opinions indicating that it would find itself on the losing end of a costly legal battle. These concerns were validated by correspondence received from the Minister of the Environment, dated June 3, 2010, which effectively approved the SEC, while essentially quashing the City’s hopes of stopping the project. [view MOE correspondence, PDF] In addition to the possibility of footing a multi-million dollar legal bill, the City of Pickering risked having York Region rescind its original agreement to fund a number of key community enhancements. It became evident that the City needed to settle with York Region to not only avoid a crippling legal outcome, but also renegotiate community benefits, environmental controls and safety commitments while it still had any leverage. Council has worked diligently over the years to present a balanced and fiscally responsible budget so that Pickering’s taxes would remain the lowest among Durham’s lakeshore municipalities. Had the City continued on its previous course, it ran the risk of accumulating millions in legal fees, and possibly tens of millions more should York Region have successfully sued Pickering for damages. The City would have then been faced with the prospect of raising taxes by a minimum of 2.5 per cent to cover the shortfall. Clearly, that was a risk that Council as a whole was not willing to take. After much negotiation, York Region has agreed to implement more stringent monitoring and response guidelines with respect to the odour control facility. In addition, it has agreed to uphold its $10.3 million commitment in community enhancements, along with $1.6 million in road improvements, plus an additional $377K in staff funding. “While we regret that we were not able to stop this project, we can take solace knowing that our desired environmental controls and safety concerns were incorporated, along with millions in community benefits and infrastructure,” said Mayor Dave Ryan. “We acknowledge that some people wanted us to keep fighting until the bitter end, but that’s not responsible governance. We are confident that the vast majority of residents, businesses and stakeholders will agree that we made absolutely the right decision for Pickering as a whole.” -30- As the gateway city to the east GTA, Pickering (population 94,000) is strategically located where Toronto, York and Durham Regions meet. Pickering is an affluent community that is steeped in history, natural beauty and small town charm with all the amenities and services that a big city has to offer. The City of Pickering is considered a municipal leader in fiscal management, service delivery, sustainability and the environment; and offers a wealth of sports, leisure and recreation opportunities to its residents. Pickering has been recognized by Profit magazine as one of the ten best cities in Canada for growth companies and received the 2008 FCM-CH2M Hill Sustainable Community Planning Award.
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