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User fees for temporary patio extensions deferred by town council

Writer's picture: Ron GiofuRon Giofu
Amherstburg Municipal Bldg.

User fees for temporary patio extensions still haven’t been finalized.


Town council has voted to defer the matter pending more information. Administration had recommended a one-time licensing fee of $300 for allowing the temporary patios from March 31-Nov. 7 every year but council members looked at an additional fee from Stratford and were wondering about that. The report from manager of licensing and enforcement Bill Tetler noted Stratford had a $650 licensing fee, but also a $2.80 per square foot fee, and the latter raised interest of some council members.


Councillor Peter Courtney made the motion to defer, stating administration need a bit more time to confirm information. Courtney cited the example of Stratford, and its fees.


“I’m intrigued with that,” he said. 


Courtney said Tetler didn’t have the answers he was looking for that night, particularly on the issue of the cost per square foot part of the debate.


Town council voted 4-3 to defer, with Courtney, Councillor Molly Allaire, Councillor Diane Pouget and Mayor Michael Prue voting to defer. Not wanting to defer were Councillor Linden Crain, Councillor Don McArthur and Deputy Mayor Chris Gibb.


Prue cast the tie-breaking vote, stating his reason to defer being there is a difference between licenses and applications and he wants more information on that. The mayor also had questions on costs regarding using parking spaces and sought more information on that issue.


“I’m hoping that can be explained a little bit better,” said Prue.


Courtney noted the bylaw has a date of March 31 for implementation and “we have to clarify this.”Clerk Kevin Fox said because there is a change into financials, there was an expectation it would have to be reviewed by advisory committees unless council waived that requirement. 


Fox said the recommended fee was in front of the audit and finance committee and the economic development committee, and they supported the $300 fee that was in front of council before the deferral.


“I am not going to support the motion. If you want to send it back to committees, that’s something else, but we gave them an option, they discussed the option, weighed in on it and now we’re moving against the goalposts. I’m not going to support not going to the committees on this,” said McArthur.


Gibb said if they value their committees, they need to listen to their recommendations “and have them weigh in on what’s going to be a substantial difference in costs. No, I’m sorry. I can’t support this. I’d have to have it go back to the committees,” said Gibb.


Allaire had timeline concerns, wanting to know when it would return to council if it went back to the committees. Fox said committees would likely meet within two months. Businesses could be inhibited if there were delays if it went back to committees, Allaire added.


The argument was businesses with temporary patios are getting “free real estate and not being charged for it,” she said. Allaire didn’t believe it should go back to committees and that council should make decisions on their own.


Noting he is a member of both committees, Councillor Linden Crain said it should go back to committees.


“I do believe consultations never hurts. If we’re making substantial changes or getting more information on it that could change what is being presented before us that the committee recommended but is now being deferred and possibly changed, it needs to go back,” said Crain.


Courtney said they are advisory committees and he appreciates all of them. He said there were recommendations that came from the audit and finance committee at budget time that were “shot down” and “we didn’t do anything with that.” Courtney said council makes the final decisions and “we’re the governing body.”


“We ultimately make the decisions,” said Courtney.


Crain countered Courtney’s comments on audit and finance committee meeting minutes, stating they were comments from one individual. He believed council should look at the “decision of the whole.”


Prue called it “a very small amount of money” that is being discussed. If it is delayed two or three months, on March 31 a temporary patio could be built without a fee and a fee could be put in later. He said the fee is “negligible” and didn’t feel it should be discussed at great length.


“Sometimes council has to make the tough decision and the decision is $2.80 per square foot. Perhaps,” said Prue.


McArthur said the problem could have been resolved during the meeting that night. He said “we’re kicking it down the road” and said the money it costs to talk and look into it is not worth the costs being incurred through the user fees.


“We should have discussed it and passed it tonight. It’s our job. People are trying to have their cake and eat it too,” he said.


On the motion to go back to committees, Prue broke another tie and voted to waive the requirement to back to the advisory committees for further consultation.

User fees for temporary patio extensions deferred by town council

By Ron Giofu

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