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Midland gives downtown shops a free year for sidewalk sales

Mayor excited for pilot project to put businesses on general liability insurance for sidewalk encroachments; some on council opposed proposed $50 fee in 2024
Cash - wallet

Expect to see a bit more life to the downtown Midland core this summer.

At the recent committee of the whole meeting, Midland council looked at a planning, building and bylaw report aimed at getting more visibility out of the stores and onto the streets.

The downtown sidewalk usage report noted that with the exception of the outdoor patio program, no procedure allowed for merchants to encroach on town-owned sidewalk spaces and ensure liability protection through general liability insurance that lists the town as an additional insured.

Members of the new Downtown Midland BIA who recalled times when sidewalk sales were commonplace discussed a pilot project with town staff. 

Similar to the outdoor patio program, the downtown sidewalk usage program would be in effect annually from April 1 to October 15, allowing sidewalk set-ups for merchants who provided an application, application fee, and proof of general liability insurance listing the town as additional insured for $2 million.

Proposed as free for 2023, the pilot program would increase to $50 in 2024 to solely cover administration costs for greater implementation. Staff added that the program wouldn’t be applied to businesses not wanting to extend onto the sidewalk throughout the year.

Coun. Bill Meridis, the council representative on the BIA, requested additional clarity from staff on the pilot project.

“The businesses right now, they carry a $2 million additional payee to the town of Midland whether they have items outside on the sidewalks or not,” said Meridis.

“I guess that is only if they have some type of awning protruding, encroaching on the property. Are you asking for an additional insurance to have items outside, and what types – there’s planters outside as we see now, there are small items close to the building.”

Law clerk Julie Ellery explained that some shops, such as those with temporary set-ups, don’t have certificates of insurance filed with the town.

“The only ones that would have tickets filed with us are ones that already have some encroachments for awnings and other things for permanent encroachments onto the sidewalk area,” said Ellery.

It was also reiterated that staff were approached by BIA chair Joannie Petroff regarding the pilot project.

“I’m on the BIA,” responded Meridis. “I’m a representative, and I don’t recall that we were asking for that.” 

A short conversation was had between Meridis and Ellery regarding insurance coverage for businesses during the annual Ontario’s Best Butter Tart Festival. Staff noted in the report that downtown businesses wanting to set up on the sidewalk during the festival would only need to complete a simple form online to be considered as non-paying festival vendors.

Coun. Jamie-Lee Ball also shared her experience signing on, noting “it was an extremely simple process, probably took 10 minutes and my insurance company mailed the paperwork right to the town” for its simplicity.

She added that she looked forward to more planters, which were a recommendation at the recent Economic Development Corporation of North Simcoe presentation regarding visual spaces downtown.

A line of questioning by Coun. Catherine MacDonald pressed whether there were guidelines for patios, which was confirmed by staff that the outdoor patio program handled those issues. Meridis sided with MacDonald in pointing out a business that had previously bent the rules, prompting acting CAO Andy Campbell to chime in: “If there’s one you've noticed, let me know and we’ll do an inspection.”

Ultimately, Meridis condensed his concerns which disputed the town putting a cost in the pilot program for 2024 and beyond, as the $50 fee could rise by council’s discretion.

“I talk to small businesses and whether it’s $50 or $500, every one counts,” said Meridis.

Mayor Bill Gordon laid out a summary of the report and discussion for those in attendance, and concluded with eager anticipation for the program to begin.

“I’m super excited to see all the sidewalk sales, the planters, the nice beautiful chairs that you normally have to go into a store to see,” said Gordon. “Not everyone has a business that lends itself to putting out tables, but you never know. Let’s see what kind of creative juices our downtown merchants have.”

The committee of the whole narrowly approved the report and staff recommendations, with some raising their hands in opposition. The matter is expected to be resolved at the next regular meeting of council.

The downtown sidewalk usage program report is available in the council agenda on the Town of Midland website.

Council meetings are held on the first and third Wednesdays of each month, and can be viewed on Rogers TV cable channel 53, or through the livestream on the Rogers TV website. Archives of council meetings are available through Rogers TV and on the Town of Midland’s YouTube channel.



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