Prince Edward County taxpayers are footing a hefty bill when it comes to the legal proceedings against Picton Terminals.
Quinte News filed a Freedom of Information request with the municipality. The request was “Dollar costs for legal work in regards to matters involving Picton Terminals.” The time frame we requested was January 1, 2022 to September 30, 2024 .
According to records from the CAO office and Finance Department Records, the total legal billing between 2022/01/01 and 2024/09/30 was $417,659.95.
NOTE: There is a difference between when services are rendered and when The County may be invoiced. That means that some of the billing above is for legal work that may have predated 2022 and there may be work after the past September that has not been billed yet.
We contacted officials with Picton Terminals to inquire about their legal bills, however, representative Sandy Berg said the company had no comment at this time.
We have contacted the municipality and offered an opportunity to comment.
Background details
Picton Terminals is a freshwater port, however, the site’s history goes back many, many decades to 1955. The port moved magnetite ore body from the mine in Marmora. It was then known as Picton Port.
Legal costs go back to around 2016, when Picton Terminals Port was looking to rezone from a quarry to a port.
Below is a brief history of the interaction between Picton Terminals and the County of Prince Edward.
In March of 2017, Prince Edward County declared a state of emergency after contaminants from a partially submerged barge at Picton Terminals seeped into the water near the town’s water supply intake pipe. The barge was not the property of Picton Terminals.
The leak was cleaned up by the barge owners with the Canadian Coast Guard approving the cleanup.
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In April of 2017, Prince Edward County council voted to continue its support in part, for potential expansion at Picton Terminals.
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In August of 2017, petroleum coke discharge was discovered around the site and the port was ordered to pay a fine for contravening the Environmental Protection Act.
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On August 18 2017, the group, Save Picton Bay, made application to the Superior Court of Justice, challenging County Council’s decision to allow the storage of salt, coke and other materials at Picton Terminals.
Picton Terminals became involved in the legal proceedings and Save Picton Bay was required to pay $40,000 of Picton Terminals’ legal costs in the case. Picton Terminals forgave the legal payment by Save Picton Bay.
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In 2019, Picton Terminals applied to The County for a zoning by-law and site plan amendment to expand the longtime commercial shipping port’s business, which sought to allow for Great Lake cruise ships, and for storage across the entire property, and to expand the list of permitted uses for the site.
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In late 2020, the municipality denied the rezoning.
Mayor Steve Ferguson said he had been dreading this day but the decision about the rezoning request for 24 White Chapel Road became easier and easier to make.
“I do not think what is being proposed here is appropriate for this community. It’s too big, it will fundamentally change, or has the potential to fundamentally change, Prince Edward County for years and years to come.”
The application was denied after it was deemed incompatible with the vision for the County.
Picton Terminals appealed the decision, however, in late 2021, they withdrew their appeal.
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In May 2023, both sides entered into settlement talks.
Mayor Steve Ferguson
“We hope to avoid a costly and protracted legal battle,” Prince Edward County Mayor Steve Ferguson stated in a release regarding settlement talks.
“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.”
At the same time, the county said it would continue with its by-law enforcement order, related to shipping containers on the site.
CLICK HERE FOR THE QUINTE NEWS ARTICLE ON THE SETTLEMENT BETWEEN BOTH SIDES
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On August 15, 2024 Terminals Owner Ben Doornekamp said they will be constructing a bulk agricultural marine terminal.
They are leasing the land to agri-business company Parrish and Heimbecker, who will oversee agricultural shipping.
Work on constructing storage silos and receiving buildings is set to begin this fall, with terminal completion expected in 2026.
