Queen's Hotel to get year-round patio

Since 2001, the Queen’s Hotel in Colborne has been allowed by the township to erect a fence on the sidewalk outside its doors. The patio has been a popular addition to the bar, and since 2006 it has been a refuge for smokers who want to take their drinks outside in all weather.

In the 2001 agreement with Cramahe Township the Gilligan family which owns the hotel was granted permission to have the patio on condition that the fence be removed prior to the first snowfall.

In 2006 the fence remained up after the snow arrived and, according to a report filed at Cramahe Council on November 17, 2009, it was only removed after repeated requests by the township.

The report filed by Township Bylaw Officer, Jim Harris states the same problem occurred in 2007.

Prior to a very animated discussion, Tim Gilligan Jr, declared conflict of interest. Stepping out of his council chair, he sat at the delegation table and defended his family’s argument that a permanent fence should be allowed.

Mr. Gilligan Jr. took issue with some of the statements in the Harris report, questioning the dates of discussions referred to in the document and the existence of an agreement which council directed staff to complete in 2008.

Mr. Gilligan Jr. claimed, that Cramahe Council had supported the year-round fenced-in patio on January 15, 2008. His recollection appeared to be confirmed by two of the remaining three voting members of council. Councillor Pat Westrope was the only member who had no understanding that council wanted to approve a year-round fence.

Deputy Mayor Jim Williams felt there had been agreement to allow it but wasn't sure about the duration of the agreement.

Councillor Ed Van Egmond thought there had been agreement to allow it as long as there were no complaints and the snow was removed. He thought it had to be approved every year.

Mr. Gilligan Jr. also sought the dates of discussions alleged to have taken place over the patio. His query was not answered in the discussion but Bylaw Officer, Jim Harris did respond in press question period, referring to a December 21, 2007 meeting mentioned in his written report to council on Tuesday.

Mr. Gilligan Jr. appeared to be answering an allegation in the report that his family had never produced proof of insurance requested in 2001. Mr. Gilligan Jr. asserted that insurance is required by law.

The resolution passed on January 15, 2008 directed staff to prepare an agreement outlining the responsibilities of the Gilligans and the township.

Township Chief Administrative Officer, Christie Alexander was asked who was responsible for writing the agreement, and why it had not been done.

She stated she had passed the request on to Mr. Harris.

Mr. Harris did not complete the agreement, stating that council was requesting something not in keeping with the original (2001) resolution. In his explanation the Bylaw Officer stated he was directed to work out an agreement. "An agreement takes two people," he added. Mr. Harris went on to state that council had not rescinded the 2001 agreement. What council requested in 2008 was "not in keeping with the original resolution".

In his written report to council last Tuesday and in his comments the Bylaw Officer expressed his concerns over entering a long-term agreement giving exclusive rights to one person based on an eight-year-old resolution.

Despite his objections, council approved a resolution requesting the finalization of an agreement which will include responsibilities for snow removal, identify ownership of the property, require annual renewal, and allow year-round use of the contained patio.

It appears that the township will pick up the bill for any legal fees accumulated in an evaluation of the agreement, despite the recommendation of Mr. Harris who stated in his report that consultation with the township lawyer would be for the benefit of the Queen's and should be paid for by the hotel.

Township resident, Ferne Dobson was in attendance for the meeting and declared the discussion a "farce". She wondered about the legitimacy of Mr. Gilligan Jr. leaving his council chair and speaking on behalf of the hotel.

Mayor Marc Coombs replied that the councillor's actions were at his own discretion. "He chose to sit in and discuss the issue."

Mrs. Dobson refused to let the matter go and CAO Alexander re-stated that the actions of a councillor were the responsibility of the councillor, not up to the mayor. He only has to leave the room if it is a closed session (which this was not).

Mrs. Dobson would like to have seen a separate vote on the question of whether the patio should be year round.