County and Picton Terminals attempting discussions prior to legal action

Administrator | May 01, 2023 | Comments 0

Shipping containers at Picton Terminals shown in this photo from Terminal – Picton Bay Facebook

The County of Prince Edward and Picton Terminals have agreed to engage in discussions that may lead to a negotiated settlement before legal action late this summer. The municipality will also continue an enforcement order related to dozens of shipping containers that landed at the site earlier this spring.

“We hope to avoid a costly and protracted legal battle,” said Mayor Steve Ferguson in a news release late Monday. “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. If a settlement can be reached, we will also address some issues to the benefit of the community.”

County council has directed Chief Administrative Officer Marcia Wallace and legal team to negotiate an agreement with Picton Terminals and return to council for review and final approval.

The media release states that during the negotiation window from May 1 to 31, Picton Terminals has agreed not to perform any major construction on the property. The Picton Terminals property is approximately 25-hectares on the south side of White Chapel Road, with 1,200 metres of shoreline along Picton Bay.

“County will continue with its bylaw 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.”

In October, 2020, council denied Picton Terminals rezoning to allow a Great Lakes cruise ship port destination, and expanded open storage for goods and materials. Nearly one year later, the Doornekamp family (ABNA Investments Ltd) formally withdrew its Ontario Land Tribunal appeal to challenge the4 decision. No reason for the withdrawal was stated.

An unsigned statement dated Oct. 13, 2021 on the Picton Terminals website announcing the formal withdrawal goes on to indicate the belief the business can operate under federal and provincial rules, and that the municipality “has no legal jurisdiction to regulate the port.”