PEC Harbour and Marina

Introduction

I have consolidated a variety of information from primary resources related to the multi-million dollar dispute between the Corporation of Prince Edward County and Tenacity Marina Corp. As local media coverage has been woefully inadequate, I hope this work helps readers form their own opinions based on the facts and to act accordingly.

Media Coverage

Primary Sources

Maps and Surveys

Agenda and Minutes

2025-04-22 – Council (Closed Meeting)
2025-04-22 – Council
2025-02-25 – Council
2025-02-13 – Committee of the Whole
2022-08-10 – Planning Committee
2022-07-06 – Planning Committee (Special Meeting)
2022-03-08 – Council
2022-02-22 – Council
2022-01-11 – Council
2021-10-12 – Council (Closed Meeting)
2021-10-12 – Council
2020-11-24 – Council
2020-11-16 – Community and Economic Development Commission
2020-10-19 – Community and Economic Development Commission
2020-09-22 – Council
2020-09-14 – Community and Economic Development Commission
2020-09-03 – Committee of the Whole
2020-07-21 – Council
2020-05-26 – Council
2019-11-26 – Council

Summaries of Proceedings

2025-04-22 – Council (Closed Meeting) – Public Report

4.3 Report of the Operational Services Department dated April 22, 2025 regarding Picton Marina Operational Update

A legal opinion from Templeman regarding Picton Marina and Tenacity Marina Corporation Sub-Lease dated April 19, 2025 was provided separately.

It was agreed that the clauses no. 1 and no. 2 of the recommendations would be voted upon separately.

Motion 2025-235. Moved by Councillor Nieman, seconded by Councillor Harrison:

- - THAT Council receive report OPS-07-2025; and
  - THAT Council direct staff to manage the Picton Harbour Marina, with scaled down services, for the 2025 season. CARRIED

Motion 2025-236 provided additional direction to staff regarding the Picton Harbour Marina.

Resources

Legal opinion (2025-04-19) and OPS-07-2025 are unavailable.

Sub-lease between the County and Tenacity (2020-09-23), By-Law 174-2020 (2020-09-22), Beach Management Agreement between the MNR and the County (2012-04-10), and By-Law 3043-2012 (2012-04-10) are included in the Agenda Package for the Meeting of the Committee of the Whole on 2025-02-23 (pp. 26-54).

2025-04-22 – Council – Agenda – Minutes

6. Reports Arising from Closed Meeting

Motion 2025-240. Moved by Councillor Nieman, seconded by Councillor Harrison:

- - THAT Council direct staff to manage the Picton Harbour Marina, with scaled-down services, for the 2025 season. CARRIED

Motion 2025-241. Moved by Councillor Roberts. Seconded by Councillor St-Jean:

- - THAT Council direct staff to engage in discussions with Tenacity Marina Corporation regarding an interim solution for the use of the existing docking system in Water Lots 1 and 2 for the 2025 season and bring forward an implementation by-law at the next feasible Council meeting. CARRIED

2025-02-25 – Council – Agenda – Minutes

13.1 The following By-laws are recommended for adoption:
…
Motion 2025-107. Moved by Councillor Branderhorst. Seconded by Councillor Prinzen.

- - THAT the following By-Laws be read a first, second and third time and finally passed:
    …
    13.1.2 A By-Law To Rescind By-Law 174-2020, Being A By-Law To Authorize An Agreement Between The Corporation Of The County Of Prince Edward And Tenacity Marina Corporation For The Provision Of Sub Lease/Rental Agreement For The Operation Of A Marina On The Premises, Commonly Known As The Picton Marina. CARRIED

Resources

By-Law To Rescind By-Law 174-2020 is included in the Agenda Package (p. 135). Clean copy.

2025-02-13 – Committee of the Whole – Agenda – Minutes

7.2 Report of the Operational Services Department dated February 13, 2025 regarding the Picton Marina – 2025 Operational Plan.

Motion CW-24-2025. Moved by Councillor MacNaughton. Seconded by Councillor Nieman.

- - THAT Council receive report OPS-02-2025;
  - THAT staff be directed to terminate the Picton Marina sublease/rental agreement effective immediately;
  - THAT Council rescind By-Law 174-2020; and
  - THAT staff be directed to issue an Expression of Interest (EOI) to obtain a new marina operator in time for the 2025 season.

Prior to voting on the foregoing motion, the following Amending Motion was put forward:

Amending Motion CW-25-2025. Moved by Councillor Nieman. Seconded by Councillor Roberts.

- - THAT staff be requested to report with all viable options for the operation of the Picton Marina in 2025. CARRIED

Resources

OPS-02-2025 (2025-01-30), the Sub-lease between the County and Tenacity (2020-09-23), By-Law 174-2020 (2020-09-22), the Beach Management Agreement between the MNR and the County (2012-04-10), and By-Law 3043-2012 (2012-04-10) are included in the Agenda Package (pp. 26-54).

2022-08-10 – Planning Committee – Agenda – Minutes

6.1 Temporary Use Rezoning Application, File Nos. Z23-22, 1 Head Street, Ward of Picton.

Motion 2022-357. Moved by Councillor Maynard. Seconded by Councillor MacNaughton.

- - THAT the draft temporary use by-law be amended to include a condition that no trees on the subject lands be removed or damaged. CARRIED

Motion 2022-358. Moved by Councillor Prinzen. Seconded by Councillor MacNaughton.

- - THAT report DS-131-2022 of Development Services dated August 10, 2022 regarding Temporary Use Rezoning File No. Z23-22 be received for information;
  - THAT Temporary Use Zoning By-law Amendment File No. Z23-22 for lands described as Part Lot 1025, 1076 Plan 24 Part 1 47R5921, Part 1 47R2099 except Part 2 47R5921, in the Ward of Picton, be approved; and
  - THAT the draft temporary use by-law be amended to include a condition that no trees on the subject lands be removed or damaged. CARRIED AS AMENDED

Resources

DS-131-2022 (2022-08-10), Key Map, Proposed Location of Mobile Restaurant, and Draft By-law are included in the Agenda Package (pp. 328-336). Clean copy of By-Law 154-2022 (2022-08-16).

2022-07-06 – Planning Committee (Special Meeting) – Agenda – Minutes

4.2 Rezoning Application, File Nos. Z19-22, The Corporation of the County of Prince Edward, 1 Head Street, Ward of South Marysburgh.

- - James Griffin, Intermediate Planner clarified that the rezoning application is to permit a marina.
  - Michael Jowett, resident voiced their concern regarding boat launch facilities, parking, traffic and adequate infrastructure of the marina.
  - Gordon Roberts, resident also voiced their concerns regarding inadequate infrastructure, traffic, and historical concerns related to noise, food trucks and late night activity.

Motion 2022-341. Moved by Councillor Harper. Seconded by Councillor Roberts.

- - THAT report DS-114-2022 of Development Services dated July 6, 2022 regarding Rezoning File No. Z19-22 be received for information; and
  - THAT Zoning By-law Amendment File No. Z19-22 for lands described as Part Lot 1025, 1076 Plan 24 Part 1 47R5921, Part 1 47R2099 except Part 2 47R5921, in the Ward of Picton, be approved. CARRIED

Resources

DS-114-2022 (2022-07-06), Key Map, and Draft By-Law are included in the Agenda Package (pp. 49-58).

2022-03-08 – Council – Agenda – Minutes

8.3 Paul Allen to address Council regarding Development Charge Credits – “Tip of the Bay” Property, Picton Harbour

- - THAT the deputation by Paul Allen regarding Development Charge Credits – “Tip of the Bay” Property, Picton Harbour be received. CARRIED

12.1 The following By-laws are recommended for adoption:

Motion 2022-166. Moved by Councillor St-Jean. Seconded by Councillor Harper:

- - THAT the following By-laws be read a first, second and third time and finally passed: …
    - 12.1.3 A By-Law [to rescind By-Law 2890-2011] and to Authorize the Mayor and Clerk to Execute A Memorandum of Understanding between the Corporation of the County of Prince Edward and Tenacity Capital PEC Inc. CARRIED

Resources

Deputation by Paul Allen and the By-Law 32-2022 (2022-03-08) are included in the Agenda Package (pp. 38-40, 175-184); Clean Copy of By-Law-32-2022. By-Law 2890-2011 (2011-06-14) and related documents are included in the Agenda Package for the Meeting of Council on 2022-01-11 (pp. 219-232).

[[[Easement; $250K]]]

2022-02-22 – Council – Agenda – Minutes

11.5 Reconsideration request from Councillor St-Jean regarding Development Charge Credits – “Tip of the Bay” Property, Picton Harbour.

Motion 2022-136. Moved by Councillor St-Jean, seconded by Councillor Margetson:

- - THAT Motion 2022-10 regarding Development Charge Credits – “Tip of the Bay” Property, Picton Harbour be reconsidered.

Mayor Ferguson requested a Recorded Vote. CARRIED

The main Motion was then put on the floor for discussion.Councillor Margetson brought forward an amending motion to the main motion regarding maintenance standards and an annual report.

Motion 2022-138. Moved by Councillor Margetson, seconded by Councillor Prinzen:

- - THAT the Agreement between Prince Edward County and Tenacity Capital PEC Inc. regarding Picton Harbour boardwalk, include the requirement for an annual inspection report to be to be submitted by the Owner to the municipality, including provisions for Engineer review, and that Schedule C “Maintenance Schedule” be updated to reflect inspection requirements and the final construction method and materials.

Mayor Ferguson requested a Recorded Vote. CARRIED

The main motion was then voted on, as amended.

Motion 2022-139. Moved by Councillor St-Jean, seconded by Councillor Margetson:

- - THAT Council receive report CSP-01-2022;
  - THAT staff return to Council with the final draft of the agreement, and direct the Mayor and Clerk to sign the Memorandum of Understanding (Attachment 1) between the Municipality and Tenacity Capital PEC Inc. regarding the Picton Harbour Boardwalk; and
  - THAT Council direct staff to issue a payment of up to $250,000 to Tenacity Capital upon completion of the Picton Harbour boardwalk, to the satisfaction of the municipality;
  - THAT the Agreement between Prince Edward County and Tenacity Capital PEC Inc. regarding Picton Harbour boardwalk, include the requirement for an annual inspection report to be to be submitted by the Owner to the municipality, including provisions for Engineer review, and that Schedule C “Maintenance Schedule” be updated to reflect inspection requirements and the final construction method and materials.

Councillor St-Jean requested a Recorded Vote. CARRIED AS AMENDED

Resources

Excerpt from the Minutes of the Meeting of Council on 2022-01-11 and CSP-01-2022 (2022-01-11) are included in the Agenda Package (pp. 53-58).

2022-01-11 – Council – Agenda – Minutes

Motion 2021-10. Moved by Councillor St-Jean, seconded by Councillor Bailey:

- - THAT Council receive report CSP-01-2022;
  - THAT Council direct the Mayor and Clerk to sign the Memorandum of Understanding (Attachment 1) between the Municipality and Tenacity Capital PEC Inc. regarding the Picton Harbour Boardwalk; and
  - THAT Council direct staff to issue a payment of up to $250,000 to Tenacity Capital upon completion of the Picton Harbour boardwalk, to the satisfaction of the municipality.

Councillor Roberts requested a Recorded Vote. LOST

Resources

CSP-01-2022 (2022-01-11), TOB Boardwalk MOU_Draft (n.d.), By-Law 2890-2011 (2011-06-14) Tip of the Bay Boardwalk MOU, and Original TOB MOU are included in the Agenda Package (pp. 207-232).

2021-10-12 – Council (Closed Meeting) – Public Report

Closed Report of the Community Services, Programs, and Initiatives Departmentdated October 12, 2021 regarding Development Charges Credit – “Tip of the Bay”Property, Picton Harbour.

Motion 2021-689. Moved by Councillor Margetson, seconded by Councillor St-Jean:

- - THAT Council receive report CSP-56/2021; and
  - THAT Council direct Staff to negotiate an agreement with Tenaciy Capital that honours the intent of the 2011 MOU regarding the installation of a publicly accessible boardwalk, with the potential of a payment up to $250,000 to Tenacity Capital upon completion of the Picton Harbour Boardwalk to the satisfaction of the municipality and return to Council. CARRIED

Resources

Motion 2021-689 arose in Closed Session, so CSP-56/2011 (2021-10-12) and the 2011 MOU were not included in the Public Report of the Closed Meeting.

2021-10-12 – Council – Agenda – Minutes

6. Motions Arising from Closed Session

Motion 2021-691. Moved by Councillor Margetson, seconded by Councillor St-Jean:

- - THAT Council receive report CSP-56/2021; and
  - THAT Council direct Staff to negotiate an agreement with Tenacity Capital that honours the intent of the 2011 MOU regarding the installation of a publicly accessible boardwalk, with the potential of a payment up to $250,000 to Tenacity Capital upon completion of the Picton Harbour Boardwalk to the satisfaction of the municipality and return to Council.

Councillor Forrester requested a recorded vote. CARRIED

Resources

Motion 2021-691 arose from Closed Session, so CSP-56/2011 (2021-10-12) and the 2011 MOU are not included in the Agenda Package.

2020-11-24 – Council – Agenda – Minutes

12.7 Report of the Community and Economic Development Commission held October 19, 2020.

Motion 2020-712. Moved by Councillor St-Jean. Seconded by Councillor Prinzen:

- - THAT Council receive the CEDC report for information;
  - THAT a Task Team be created for the Picton Harbour Marina/boardwalk project, in accordance with terms outlined in the presentation of Todd Davis, Director of Community Services, Programs & Initiatives;
  - THAT membership on the task team include 2 members of the CEDC, 1 member of the Accessibility Advisory Committee, 1 member of the Heritage Advisory Committee; and
  - THAT the following property stakeholders be included on Task Team – Prince Edward County Yacht Club, Picton Harbour Inn, Tenacity Capital, Port Picton Homes, Mortimer Street Condos Phase 1 and Phase 2, Mortimer Street Condos Phase; and
  - THAT the Picton Ward Councillors be included in circulation of any information with regards to the Task Team, and dates of meetings. CARRIED

12.9 CEDC Picton Boardwalk Task Team.

Motion 2020-714. Moved by Councillor MacNaughton:

- - THAT the Council ratify the Picton Boardwalk Task Team Terms of Reference;
  - THAT Gord Fox and Michael Miller be appointed to the Picton Board Walk Task Team; and
  - THAT following Council approval, the Picton Boardwalk Task Team Terms of Reference be shared with the Accessibility Advisory Committee & Heritage Advisory Committee for member appointment.

Resources

Presentation of Todd Davis (2020-10-19) and Picton Boardwalk Task Team Terms of Reference are included in the Agenda Package (pp. 280-316).

CSP 46-2020 (2020-10-19), and extensive related documents are included in the Agenda Package for the Meeting of the Community and Economic Development Commission on 2020-10-19 (pp. 23-109).

2020-11-16 – Community and Economic Development Commission – Agenda – Minutes

8.8 Appointment to Picton Boardwalk Task Team.

Motion CEDC-49-2020. Moved by Jefferson Gilbert, seconded by Councillor Maynard:

- - THAT the Community and Economic Development Commission approve the Picton Boardwalk Task Team Terms of Reference and refers them for Council ratification;
  - THAT Gord Fox and Michael Miller be appointed to the Picton Board Walk Task Team; and
  - THAT following Council approval, the Picton Boardwalk Task Team Terms of Reference be shared with the Accessibility Advisory Committee & Heritage Advisory Committee for member appointment. CARRIED

2020-10-19 – Community and Economic Development Commission – Agenda – Minutes

9.1 Items for Consideration

Verbal report by Todd Davis, Director of Community Services, Programs & Initiatives and Adam Goheen, Director of Operations on the Wellington Beach Master Plan and Picton Harbour Marina/boardwalk project.

Motion CEDC-36-2020. Moved by Jefferson Gilbert, seconded by Sarah Johnson:

- - THAT a Task Team be created for the Picton Harbour Marina/boardwalk project, in accordance with terms outlined in the presentation of Todd Davis, Director of Community Services, Programs & Initiatives;
  - THAT membership on the task team include 2 members of the CEDC, 1 person from Quinte Conservation, 1 member of the Accessibility Advisor Committee, 1 member of the Heritage Advisory Committee; and
  - THAT the following property stakeholders be included on Task Team – Prince Edward County Yacht Club, Picton Harbour Inn, Tenacity Capital, Port Picton Homes, Mortimer Street Condos Phase 1, Mortimer Street Condos Phase 2. CARRIED

Resources

CSP 46-2020 (2020-09-03), Picton Harbour Development Vision (January 2017), and Picton Harbour Boardwalk (2020-10-19) are included in the Agenda Package (pp. 23-109).

2020-09-22 – Council – Agenda – Minutes

7.2 CJ Thompson, Founder & Chief Executive Officer of Tenacity Capital, to address Council regarding the supplemental report to Council regarding updates to Picton Marina draft sublease with Tenacity Capital.

Motion 2020-505. Moved by Councillor St-Jean, seconded by Councillor Prinzen:

- - THAT the deputation by CJ Thompson, Founder & Chief Executive Officer of Tenacity Capital, regarding the supplemental report to Council regarding updates to Picton Marina draft sublease with Tenacity Capital be received. CARRIED
  - 9.1 Report of the Community Services, Programs & Initiatives Department dated September 22, 2020 regarding Supplemental report to Council regarding updates to Picton Marina draft sublease with Tenacity Capital.

Referral Motion:

- - THAT report CSP 50/2020 be referred back to staff to further clarify some aspects of the agreement, including repair and maintenance clauses, sewer billing, projected costs of municipally running the marina for the last 10 years including transfers from reserves, public access and to address environmental concerns.

Councillor Bolik and Councillor Nieman requested a recorded vote on the referral motion. LOST

Motion 2020-507. Moved by Councillor Bailey, seconded by Councillor McMahon:

- - THAT Council receive report CSP 50/2020 for information;
  - THAT Council approve the draft sub-lease allowing Tenacity Capital to operate the Picton Marina; and
  - THAT Council permit staff to enter into conversations with Tenacity Capital should Wellington Marina become available to sublet to a third party.

Councillor St-Jean requested a Recorded Vote. CARRIED

Resources

CSP-50/2020 (2020-09-20), the deputation of CJ Thompson, the County’s draft sub-lease with Tenacity, and related historical documents, including By-Law 2890-2011 (2011-06-14) and the Beach Management Agreement between the MNR and the County (2012-04-10), are included in the Agenda Package (pp. 58-91).

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2020-09-14 – Community and Economic Development Commission – Agenda – Minutes

9.6 Introduction to the Wellington Beach Master Plan project and Picton Harbour Marina/boardwalk project.

Resources

CSP 46-2020 (2020-09-03) is included in the Agenda Package (pp. 103-109).

2020-09-03 – Committee of the Whole – Agenda – Minutes

6.1 Report of the Community Services, Programs and Initiatives Department dated September 3, 2020 regarding Picton Marina Sub-Lease with considerations for Wellington Marina.

Motion CW-367-2020. Moved by Councillor St-Jean, seconded by Councillor Prinzen:

- - THAT Council receive report CSP-46/2020 for information; and
  - THAT Council approve the draft sub-lease allowing Tenacity Capital to operate the Picton Marina and including the right of first refusal to operate the Wellington Marina should it become available during the initial 5-year term of the sub-lease. CARRIED

Resources

CSP-46/2020 (2020-09-03), the draft sub-lease, and related historical documents are included in the Agenda Package (pp. 4-35).

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2020-07-21 – Council – Agenda – Minutes

Motion 2020-334. Moved by Councillor Margetson, seconded by Councillor Prinzen:
…
6. THAT Council direct CEDC to prioritize and provide their expertise on the Wellington Beach Master Plan project and Picton Harbour Marina/boardwalk projects for the balance of 2020.

[[[Video@39:07]]]

2020-05-26 – Council – Agenda – Minutes

10.5 Report of the Community Services, Programs and Initiatives Department dated May 26, 2020 regarding Private Operation of Marina and Harbours Expression of Interest response.

Motion 2020-238. Moved by Councillor St-Jean, seconded by Councillor MacNaughton:

- - THAT Council receive report CSP 26/2020 for information; and
  - THAT Council enter into negotiations with Tenacity Capital for the operation of the Picton and Wellington Marinas for an initial 5 -year lease as per the tenants of the proposal. CARRIED

Resources

CSP 26/2020 (2020-05-26), Picton and Wellington Harbour Marinas EOI (2020-04-28), and EOI Signed Tenacity Capital (2020-05-15) are included in the Agenda Package (pp. 276-307).

2019-11-26 – Council – Agenda – Minutes

7.3 CJ Thompson addressed Council regarding a proposal for a public-private partnership with the Picton Marina property/operations.

The following amending motion was brought forward by Councillor St-Jean:

Motion 2019-790. Moved by Councillor St-Jean, seconded by Councillor Roberts:

- - THAT the request be referred to staff for a report regarding options for operations at County owned marina properties.
    Councillor Nieman requested a Recorded Vote. CARRIED

Motion 2019-791. Moved by Councillor St-Jean, seconded by Councillor Roberts:

- - THAT the deputation by CJ Thompson regarding the proposal for a public-private partnership with the Picton Marina property/operations be received; and
  - THAT the request be referred to staff for a report regarding options for operations at County owned marina properties. CARRIED AS AMENDED

Resources

Deputation by CJ Thompson and related materials are included in the Agenda Package (pp. 71-83).

Tag: PEC Harbour and Marina

Prince Edward County and Tenacity Marina Corp – Resources

On this page

Introduction

Media Coverage

Primary Sources

Maps and Surveys

Agenda and Minutes

Summaries of Proceedings

2025-04-22 – Council (Closed Meeting) – Public Report

2025-04-22 – Council – Agenda – Minutes

2025-02-25 – Council – Agenda – Minutes

2025-02-13 – Committee of the Whole – Agenda – Minutes

2022-08-10 – Planning Committee – Agenda – Minutes

2022-07-06 – Planning Committee (Special Meeting) – Agenda – Minutes

2022-03-08 – Council – Agenda – Minutes

2022-02-22 – Council – Agenda – Minutes

2022-01-11 – Council – Agenda – Minutes

2021-10-12 – Council (Closed Meeting) – Public Report

2021-10-12 – Council – Agenda – Minutes

2020-11-24 – Council – Agenda – Minutes

2020-11-16 – Community and Economic Development Commission – Agenda – Minutes

2020-10-19 – Community and Economic Development Commission – Agenda – Minutes

2020-09-22 – Council – Agenda – Minutes

2020-09-14 – Community and Economic Development Commission – Agenda – Minutes

2020-09-03 – Committee of the Whole – Agenda – Minutes

2020-07-21 – Council – Agenda – Minutes

2020-05-26 – Council – Agenda – Minutes

2019-11-26 – Council – Agenda – Minutes