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Canadian Publications Agreement No. 40727545

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Buckhorn Home Hardware gets extension


September 15, 2017




At the September 12 Selwyn Council meeting, Buckhorn Home Hardware owner Tom Alexander, along with approximately ten supporters stood at the podium at the back of the Council Chambers and said, “I’m here asking for three things.”

Mr. Alexander proceeded to request:

1. That the paving area in the County and Township approved site plan be altered.

2. That the April 2018 deadline for the required site plan conditions to be met be extended to December 2018.

3. That Council encourage the County to accept a painted island barrier rather than a raised barrier.

In February of this year, Peterborough Public Health requested that a holding provision be placed on the property, which would require an on-site sewage system be installed to accommodate the commercial/ retail uses. The holding provision also required Alexander to enter into a site plan agreement with the municipality which would address such items as parking surfaces, parking areas, landscaping, internal site circulation, etc. The Zoning By-law Amendment is a condition of consent to sever application B-54-16, which was imposed by the Township. The severed lands were merged with the adjacent property which is presently occupied by the Buckhorn Home Hardware.

The holding provision was later removed.

Alexander entered into a site plan agreement with the County of Peterborough, Peterborough Public Health and the Township of Selwyn on April 28, 2017.

Mr. Alexander stated that the parking in front of the Lodge is secondary parking and the cost of paving the additional areas (as outlined in the site plan agreement) is a hardship for the business. He noted that the unseasonable and wet summer has made it difficult to complete the required improvements on time.

Mayor Smith said that the site plan agreement was signed by Mr. Alexander and there would have been reasons for the agreement.

Mayor Smith then asked Rob Lemarre to address the request that Council encourage the County to accept a painted island barrier rather than a raised barrier.

Mr. Lemarre said that the County is involved because the entrance is off a County road. “We came up with a plan that would work for and comply with Municipal polices,” continued Lemarre.

“We have this legal document that compels Mr. Alexander to comply,” Lemarre told Council and approximately fifteen members of the public.

He told Council, and Mr. Alexander that the County would have to be involved in discussions to amend the agreement.

Mayor Smith said that this is a process that everyone has to go through.

Councillor Ballantyne brought up Mr. Alexander’s second point; an extension. “The time frame, is that our decision or would we have to include the County,” she asked.

Ballantyn’s question was not directly answered.

Lemarre said that there had already been a bit of a reprieve because of the bridge construction and that the Township has allowed the business to operate without the improvements being completed.

Councillor Ballantyne said that she was in favour of extending the time and suggested that Council extend the improvements deadline to September 2018.

Deputy Mayor Senis said that Council does have it in their purview to adjust the agreement. “This business owner has shown that mitigating circumstances have resulted in a delay,” she commented.

Councillor Locke said that “the number one issue would have been requesting an extension. I would like to see us grant an extension.

Council was told that should Mr. Alexander wish to proceed with his requests for alterations to the paving provisions and the entrance island a new site plan would have to be provided to Council, which would result in additional costs.

Mayor Smith said, “I won’t support the extension request. All businesses in the Township meet their obligations to meet the requirements of a site plan.”

Deputy Mayor Senis said that there have been unusual circumstances in that area and “we should support local business.”

Council also engaged in an extensive discussion surrounding the issue of paving over rock, alternatives to standard asphalt and the need for a new site plan.

Following a thirty minute discussion, Councillor Herron made a motion to extend the deadline to December 2018.

Councillor Ballantyne seconded the motion.

Councillor Herron asked for a recorded vote which resulted in a 4 to 1 vote to support the extension with Mayor Smith being the one Council member to vote against it.

Deputy Mayor Senis put forward a motion that the business owner should meet with Mr. Lemarre again to see if there can be changes to the paving.

There was no seconder for Deputy Mayor Senis’ motion.

Councillor Herron commented that “this is decorating. We’re talking about paving here.”

Mayor Smith responded by saying that paving is part of the development process.

Deputy Mayor Senis asked if Council could have the purview to make the changes.

CAO Lavalley said that it’s not only the Township that is involved in the agreement. “Other stakeholders have to agree.”

Councillor Herron told Mr. Alexander that “We gave you the extension to December 2018, so you want to make sure you can meet the deadline no matter what you decide to do. You won’t get another one.”