To court

Council wants a judge to sort its dispute with Picton Terminals

After a lengthy discussion behind closed doors last Tuesday, Council emerged to say it would continue to pursue a court settlement to resolve outstanding legal issues related to the operation of Picton Terminals.

During a break in the closed session, Council heard from two residents, both advocating for tighter regulation of Picton Terminals operation.

Ken Stewart heads the County Conservancy. He sees little benefit to the County from this business.

Picton Terminals has not demonstrated the ability to create more than a handful of jobs or make any positive contribution to our community,” said Stewart. “What is the benefit to Prince Edward County?” Stewart said that he hears blasting, crushing and loading daily and sees dust floating through the air and lights illuminating the night sky.

“So why grant a licence to expand this operation?” he asked.

Stewart says the County Conservancy would like to see the County continue the fight and to make Picton Terminals respect its bylaws.

“I am very concerned with the County negotiating with Picton Terminals,” continued Stewart. “What are we giving up by negotiating? What compromises will be made? I believe the County, as well as any other government body, has the right to create laws, bylaws and regulations.”

He added that bylaws are only meaningful when they are enforced.

“Picton Terminals has shown in the past their complete disregard for regulation,” said Stewart. “Given their past record, it would seem foolhardy to allow Picton Terminals to continue operating.”

Ryan Wallach shares many of the same concerns. He, too, thought it was premature for the County to settle with Picton Terminals.

“[Picton Terminals] has gotten off scot-free by delaying the case and is now turning to browbeating the County into a settlement,” said Wallach. “It’s time for the County to say, enough is enough.”

When Council emerged from a second closed session on the matter, it had resolved to continue the fight.

“While we appreciate the work of our staff and legal team as well as representatives from Picton Terminals, in the end, Council did not believe the proposed agreement sufficiently addressed the serious concerns we have with the operation of Picton Terminals,” said Mayor Steve Ferguson.

Council has directed the mayor and CAO to arrange a formal council-to-council meeting with the Mohawks of the Bay of Quinte, given their continued interest.

The current dispute began in 2020 when Council unanimously denied Picton Terminals’ rezoning request for an expanded list of permitted uses on its property. Picton Terminals appealed to the Local Planning Appeal Tribunal, but withdrew that appeal in 2021—arguing the municipality didn’t have jurisdiction over the matter. In response, the municipality sought a court ruling to assert its authority by way of an injunction against Picton Terminals.

The injunction seeks to restrain Picton Terminals from developing outdoor storage and a facility to load and unload containers. It also seeks to block cruise ships from docking at Picton Terminals.

The next court date has not been set. Consistent with recent practice, Picton Terminals, did not attend the council meeting.