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SAUGEEN SHORES-

In response to a growing number of inquires from local restaurants about placing tables, chairs or patios on public property in front of their businesses, town staff drafted a policy for council's consideration which was presented at the June 11 committee-of-the-whole meeting. Town clerk Linda White, who presented the information report, said the policy itself differentiates between a sidewalk patio and a sidewalk caf. A sidewalk patio is a fenced-in area on public land between the building facade and pedestrian sidewalk, a caf would also be located on public land between the building facade and the pedestrian sidewalk, but would not be fenced in. Further, where the sale and consumption of alcohol is allowed within the patio area, no sale of alcohol would be permitted on a sidewalk caf. Business owners who are interested in placing a patio or caf out front of their building would have to apply for an encroachment agreement and provide a blueprint of the proposed area. If met, the encroachment agreement would remain in effect provided the business is not transferred or sold, White continued. As outlined in the recommendation report, the Town or business owner has the right to terminate the agreement upon 10 days notice and the agreement gives the business owner the right to use the land for the purpose of a patio or caf and nothing more. Moreover, the current fees and charges by-law establishes a nonrefundable administration fee of $250 per application and an annual fee of $100. The sidewalk patios would have to follow certain requirements such as how far the patio can extend from the building to ensure a minimum two metre unobstructed pedestrian corridor is maintained; that it can only be open during regular business hours and no later than 11 p.m. unless granted by the town to operate until 1 a.m; that it can remain open from April 1 to Oct. 30 and that black iron fencing is required within those months and removed in winter months for snow removal. The requirements for the sidewalk cafs are the same as the patios with the following exceptions: no fence is required; no alcohol can be served; no umbrellas are allowed and furnishings must be removed from the area after regular business house. The sidewalk cafs are also permitted year round in compliance with snow removal. Vice deputy mayor Doug Gowanlock thought the recommendation was an excellent idea. "We have had a number of encroachments that we have dealt with bit by bit... and I think a policy provides our staff with the ability to get out there and deal with these as they come up," he said. "I think it's an excellent amenity in the town." Deputy mayor Luke Charbonneau agreed. "This is a great policy and we have had some great success, such as Allan's (Fireside Grill), a great patio," he said. "We have others that are on private property which is great now. I think this says to the community... this is something that the municipality is going to accept." One item however that did not sit well with Charbonneau was the suggested fence for a sidewalk patio and the instruction for it to be black iron. "I think if its tastefully done, and in keeping with the direction of the downtown areas, then it doesn't necessarily need to be black iron," he said. "It doesn't need to be mandated." When questioned on behalf of the Port Elgin BIA, president Jeff Carver said anything the town can do to assist businesses by easing fees and stipulations with regard to patios in the downtown is needed and welcome. "This could include waiving fees and removing guidelines and restrictions," he said. "Instead, the appearance of these patios should be governed by the concepts and designs put forth in the streetscape plan." According to Carver, the more activity on main street the better it is for all businesses. "The reality is, that patios and the restaurants attached to them, bring visitors and locals to main street creating positive economic spin-offs for the community at large," he continued. "The BIA welcomes anything the Town and council can do to make operating a business in Port Elgin more cost effective and less regulated." Councillor Diane Huber asked White about the coffee shops that currently exist on the main streets and whether they would be grand-fathered into the policy or not? "I would like to see them all treated the same under this policy," replied White. "There are some existing businesses that would be expected to put up the fee."Huber further questioned White on the need to charge participants $100 on an annual basis when a sign encroachment is only $50. Charbonneau echoed Huber's remarks, noting he would be fine waiving the fee as it does not offset any municipal expenses. Councillor Taun Frosst did not see it that way. "One hundred dollars is not a whole lot of dough, and if you support (development charges) you should support this fee," he said. Gowanlock was also reluctant. "I don't think $100 is out of line," he added, noting his concern was more concerned about liability. Huber also made it known there was no mention of smoking within the draft encroachment policy and said she would take issue if it enabled smoking areas outside restaurants and coffee shops. "I'm not so confident in my initial comments if patrons have to walk through smoke to gain entrance," she said. "I don't think we have to get into that now, this is economic activity on the main street, that's the long and short of it," Charbonneau rebutted. With respect, Huber said she would appreciate knowing what is acceptable, so council can share with the public whether it's in the policy or not. The recommendation that council adopt a sidewalk patio and sidewalk cafe draft encroachment policy was carried.

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