After a years long legal battle, an out-of-court settlement has been reached and adopted in the dispute between Picton Terminals and Prince Edward County.
The terms of the settlement were officially signed into a by-law during Tuesday’s council meeting.
Prior to the open session of council, councillors received a confidential report from a third party law firm providing a legal opinion on the settlement. This was in line with a previous council decision during the September 10 meeting of council to seek a second opinion on whether or not to settle the case.
The settlement terms include both parties paying their own legal costs and the ongoing legal battle ending. Both Picton Terminals and The County are then to make a joint request for a Ministerial Zoning Order to recognize the use of the property.
The settlement includes that the terminals will not alter the natural escarpment and shoreline on the property without approvals from environmental regulators. It also includes that they recognize that the surrounding infrastructure isn’t currently capable of supporting the expanded terminal operations.
The settlement also states that the terminal owners do still intend to expand their business.
The motion sparked a brief debate in the council chamber, with some councillors still opposed to settling.
Councillor John Hirsch brought up a handful of concerns, with one concern being that the settlement was being approved without any opportunity for public input.
“This is not democratic and not how this council should be known,” said Councillor Hirsch. “We have all heard significant objections from the public about Picton Terminals’ intention to create a container shipping port and to significantly enlarge their operation to incorporate adjacent rural-zoned lands into the operation.”
He also raised concerns about quarrying being done on the property and a letter received from Transport Canada saying that the port would not be federally regulated.
The motion passed seven to six, with councillors Branderhorst, Hirsch, MacNaughton, Prinzen, St-Jean, and Mayor Ferguson voting against the settlement.
