Council Chambers at Shire Hall was packed and residents filled an overflow room on Thursday night at a special planning public meeting that addressed a change at 24 White Chapel Road to Special Extractive Industrial from Extractive Industrial.
The “substantive” change is to recognize the legal non-conforming transshipment operation of Picton Terminals and its expansion.
If approved, the rezoning would allow for two new floating docks to be installed, each 36.5 metres or 120 feet, in length, north and south of the existing docking facilities, allow more space on the site for storage of dry bulk goods, and open storage as an accessory use.
One of the docks would be used for the docking of large tour boats while the other would be set aside for tug boats that haul barges in and out.
Currently the site is primarily used for salt shipping into the port where it is then distributed by truck to local users at an average annual rate of between 80,000-120,000 metric tonnes per year.
The meeting was held to gather public comments prior to a staff report coming forward on the amendment.
Mayor Steve Ferguson was happy with how the meeting went.
He said it was important to give the public a chance to speak to the issue and give staff a chance to address their concerns as well as councillors’ concerns, prior to a decision being made.
FoTenn Consultants Land Use Planner Mike Keene said the hope is they can also bring people to the port where they would then be bused through the County for various activities.
FoTenn Consultants Land Use Planner Michael Keene addresses Prince Edward County Council on October 24, 2019 in regards to a zoning amendment change at Picton Terminals. (Photo: Amanda Smith/Quinte News)
Keene said the amendment conforms to the Official Plan, supports sustainability, represents good land use planning as well as local and regional economic development.
Keene mentioned during his presentation that if Picton Terminals were to see 100 vessels a year it would be the equivalent of 35,000,000 kms of truck traffic with 10 per cent of the carbon emissions.
Councillor Stewart Bailey was concerned about the number of transports travelling on Hwy. 49 “as it’s already a mess.”
Keene said his numbers were purely for comparison and not meant to raise concerns. He said it takes more than a day to unload a vessel and it is mostly a seasonal operation.
Bailey was also concerned about the salt piles.
Keene said there are holes being dug and those holes will have a lid.
Councillor John Hirsch didn’t mince words and said he has environmental concerns and Picton Terminals has a poor history regarding the environment. He asked Keene why, given the documented history, they should trust Picton Terminals to operate in an environmentally safe way.
Keene said there are orders and processes in place which result in environmental compliance approval and assurances the environment will be protected.
A number of residents had concerns about the air and water pollution, the noise pollution and the health risks to those living nearby.
Mayor Ferguson said the environment is a concern to all involved.
He said he has also been in touch with MPP Todd Smith’s office in regards to making sure the Ministry is on site consistently, ensuring Picton Terminals is operating within the parameters they are allowed.
Mayor Ferguson also said the application will make sure there are certain things Picton Terminals will not be allowed to do on that site.
Councillors heard from less than a dozen residents at the meeting itself, but 54 people had submitted written statements regarding the amendment prior to the meeting.
One resident said Picton Terminals was not to be trusted and they have shown an ongoing lack of respect for the rules and she felt the tour boats idea for the port was “a ruse”.
One woman said she is looking to downsize but everyone she has had through her home has said they don’t like the view of Picton Terminals, something she says is “disheartening”.
A drone photo of Picton Terminals on display at Shire Hall on July 23, 2019. (Photo: Amanda Smith/Quinte News)
Not all those who spoke were against the rezoning. Damon Wells said this amendment is a further boost to the shipping, agriculture and tourism industries, which will help Prince Edward County flourish and grow.
Joanne McCormick said the Doornekamps have a passion to make the community a better place to live as evidenced by their actions in Napanee and the developments there. She said the family will do the same for Prince Edward County.
Just hours before the meeting, Save Picton Bay sent out a press release stating the legal matter between the citizens group, the municipality and Picton Terminals has been resolved and their appeal of the court’s decision in 2018 will be abandoned. (The full release can be found below.)
According to the release, Picton Terminals has agreed it will not use its property for the import, export or storage of liquid fertilizer and will not seek to amend the rezoning application currently before the County in order to reclassify the property for use as a Waste Disposal Industrial (MD) Zone as defined by County’s current zoning by-law.
Mayor Ferguson told Quinte News he was happy the issue has been resolved.
No timeline has been set as to when a staff report will come before council in regards to the amendment.
PRESS RELEASE FROM SAVE PICTON BAY
All parties reach settlement in Picton Terminals litigation
The County of Prince Edward, Save Picton Bay and Picton Terminals are pleased to jointly announce that they have come to a settlement in all litigation related to Picton Terminals’ property at 24 White Chapel Road in Prince Edward County (formerly 62 White Chapel Road), just east of Picton.
As part of the settlement, Save Picton Bay will abandon its current appeal of the 2018 judgment of The Honourable Justice Tausendfreund and will discontinue a court application against the County and its solicitors. Each party has agreed that it will not seek costs from the other parties. Picton Terminals has also agreed that it will not pursue its previously awarded legal costs from Save Picton Bay related to the court proceedings as ordered by Justice Tausendfreund.
Save Picton Bay, and the corporation’s officers and directors, have also confirmed that they will not participate in or appeal any decision of the County related to Picton Terminals’ current application for re-zoning of its property, which will proceed through the normal public planning process.
Addressing concerns raised by Save Picton Bay in the settlement discussions, Picton Terminals has agreed it will not use its property for the import, export or storage of liquid fertilizer and will not seek to amend the re-zoning application currently before the County in order to re-classify the property for use as a Waste Disposal Industrial (MD) Zone as defined by County’s current Zoning By-law.
Owner and operator of Picton Terminals, Ben Doornekamp states “I think this is great news for all involved as it allows Picton Terminals tomove forward with its plans to make the port into a vibrant economic contributor to the County. We look forward to working with the County on the application for re-zoning to establish greater certainty about the nature of the port’s operations.”
Brian Etherington, President of Save Picton Bay states “This positive resolution reflects the importance of the active involvement of citizens. The volunteer leadership and supporters of SPB are delighted that this agreement allows us to fulfill our mandate regarding the important issues at this site and feel secure in the knowledge our engaged Council, County residents and the democratic process will result in the best outcomes for all concerned going forward.”
“I applaud all parties for working together to arrive at a fair and respectful resolution of this matter,” says Steve Ferguson, Mayor, County of Prince Edward. “As a municipality, we will continue to remain vigilant and work to ensure all current and future operations at the port respect their land use permissions and the natural environment.”
