Talking

Picton Terminals and County to enter settlement talks

Picton Terminals and Prince Edward County were expected to be before a Justice in Ontario’s Superior Court in August, but according to a recent release, the two parties have agreed to engage in discussions that may lead to a negotiated settlement.

In October 2020, at a planning meeting held at the Regent Theatre, Council unanimously rejected Picton Terminals’ application to rezone the 25-hectare site at 24 White Chapel Road. Picton Terminals was seeking a rezoning from an extractive industrial zone to a special extractive industrial zone to allow for additional space for tour boat docking and outdoor material storage. To do so, Picton Terminals relied on planning rules that it interprets as enabling the legal non-conforming use of the property and expanding the list of permitted uses for the facility.

Ultimately, Council denied Picton Terminals’ application on the basis that intended uses are incompatible with the County’s Official Plan, and the proponent failed to give due consideration to comments from the Mohawks of the Bay of Quinte.

In 2021, Picton Terminals withdrew its appeal of Council’s decision. Picton Terminals contends that the federal government regulates all ports in Canada and that the County has no jurisdiction to regulate the activities of its port. At that time, Picton Terminals said it would continue to operate as a good neighbour and to work diligently to comply with all provincial and federal laws that validly regulate port activity. Basically, they would push ahead, business as usual.

Recently, large shipping containers stacked four high have arrived on site. County by-law subsequently issued an enforcement order compelling Picton Terminals property to conform with the County’s relevant zoning by-laws.

This brings the story to this week. On Monday, Shire Hall announced it was looking for a negotiated settlement to the stalemate.

While the two parties are talking from May 1 to May 31, Picton Terminals has agreed not to perform any major construction on the property, and the County will continue with its by-law enforcement order against Picton Terminals related to shipping containers on the site. Because Picton Terminals did not comply with the order within the two-week period granted, the municipality is in the process of laying a charge against the company in order to achieve compliance.

According to Mayor Steve Ferguson, the hope is to avoid a costly and protracted legal battle.

“Our goal is to arrive at a settlement that addresses the County’s and the public’s serious concerns with the operation of Picton Terminals that Council stood up against in 2020 while also ensuring the best interests of the public and of the local and regional economy in the long term,”  said Ferguson. “If a settlement can be reached, we will also address some issues to the benefit of the community.” County Council has also directed CAO Marcia Wallace and its legal team to negotiate an agreement with Picton Terminals and return to Council for review and final approval.