Prince Edward County council has approved the draft terms of a settlement in the ongoing legal battle with Picton Terminals.
During Tuesday’s council meeting, after returning from closed session, councillors voted on a motion to approve draft terms of the settlement and seek a meeting with the Mohawks of the Bay of Quinte, along with Picton Terminals, to discuss the terms.
The terms of the settlement were not revealed during the open session of council and the motion called for the minutes of the settlement to be included in a future by-law to implement the settlement.
The settlement would end a longstanding legal battle between the county and Picton Terminals which began in 2020 when council denied a zoning application for their location on White Chapel Road. Picton Terminals was seeking to expand storage on the site, and allow for cruise ships to dock at the port.
Since then, the municipality and the terminals have been in a legal dispute with the terminals alleging that because shipping by water is federally regulated, the municipality has no by-law jurisdiction over them. The county has been seeking a permanent injunction against the terminals, relating to large numbers of shipping containers being stored on the property despite the zoning application being denied.
A previous attempt at a settlement in May of 2023 was denied.
Earlier in the meeting, multiple county residents spoke out against settling with Picton Terminals. Residents gave a long list of concerns, including the terminals’ history of pollution, and that the settlement was being crafted behind closed doors.
Ken Stewart, a county resident, said that the terminals have a history of breaking the law and ignoring regulation.
“The most important part of this, in my opinion, is upholding the law,” said 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, by-laws and regulations. To be effective, those laws must be enforced.”
After returning from closed session, council voted to approve the settlement in a recorded vote. The vote carried seven to six with Mayor Steve Ferguson and councillors Kate MacNaughton, Janice Maynard, Phil Prinzen, Phil St-Jean, and John Hirsch opposed.
