Chip Trucks in Central Frontenac

Jeff Green | Jun 07, 2017

Last September, Central Frontenac Council became aware that there was no provision for approving Chip Truck’s (aka refreshment vehicles) in the township bylaws. The matter came up because a chip truck had opened on Hwy. 7 near Road 509, and the township had not been informed and had no way of determining if it had health unit approval or if the business was licensed in any way.

Although that business was quickly closed down, an issue had surfaced. With long established Chip Trucks being in place at the Godfrey General Store, Jossy’s at Hwy. 7 and 38 and Tim’s Mobile Catering doing business at various locations for special events, Council recognised that they needed to come up with something.

A “refreshment vehicle” bylaw was prepared and came before Council on April 11 for preliminary consideration. A public meeting was to follow and then the bylaw would be back before Council for adoption, as early as this month.

Jossy Harpell was in the audience at that April 11 meeting, as was Rachel Scott, who was in negotiations to purchase Jossy’s business but the deal had not been finalised because she was unsure what the new bylaw would do to her prospects for opening in the spring.

At the meeting, the bylaw was deferred, but Scott felt that two of her questions had been addressed, one being that she would be able to remain in business, and the second that another Chip Truck would not be able to open up within a short distance of hers.

“During the meeting [Councilor] Jamie Riddell made an excellent point, he had mentioned that the township should not discourage the three current businesses that are pre-existing and suggested they be grandfathered in. When I left the meeting I felt confident, as it was also my understanding from the meeting that there were no new chip trucks allowed to open until they sorted out the bylaw and that pre-existing trucks could open without issue. Jocelyn and Bill who also attended with myself were under the same understanding,” Scott said in an email to the Frontenac News this week.

The draft bylaw was to be the subject of a public meeting in May, but that meeting has been deferred. The Chief Building Official (CBO) Jeremy Neven, who prepared the bylaw, has departed for New Zealand and the new CBO, Shawn Merriman has inherited the file.

Late last last week Scott noticed that a trailer from the Spud Box was parked in a lot at the southeast corner of the junction between Hwy. 7 and Road 38, next to the building where Steve Duggan’s law office and the Sharbot  Lake Veterinary clinic are located.

Until recently, the Spud Box had been located at Hwy. 41 and Hwy. 7 in Kaladar, but the building on that lot is being torn down this summer and the Spud Box has pulled out.

Scott then emailed Central Frontenac’s new Chief Building Official Shawn Merriman asking him what was going on.

“At this point the other truck [Spud Box] is preparing for the eventuality that he will be allowed to open. I am bringing a report to Council to see if there is any wish to allow a permission to operate prior to the passing of the bylaw by using such options as security deposits, amenity agreements etc,” Merriman said in an email response to Scott.

She was surprised by this response, because she understood that new trucks were not to be approved until the new bylaw was in place.

When contacted, Councillor Riddell said that Council had decided that since the new bylaw is not ready, they should not be discouraging new businesses and would not be putting up restrictions.

“If they can get approval from all the other authorities involved, the Health Unit, the Ministry of  Transportation, etc. then we will just charge a fee and let them open,” he said in a phone interview.

Based on what Shawn Merriman said in his email, it appears that approving the new Spud Box is not quite a done deal until his report is brought before Council, likely at the June 13 meeting.

If is approved at that time, then the Spud Box owners will be the beneficiaries of fortuitous timing, because the new bylaw would likely have stopped them in their tracks. It says that “no portion of the designated area [for a refreshment vehicle] shall be located on a highway or part thereof” and it also says that “the designated area shall not be located within 500 meters of a business establishment(s) or another designated area in which similar products are sold; unless there is written consent from the permanent business establishment(s)”.

The proposed Spud Box is located on Hwy.7 and there are 2 permanent food businesses located within 500 metres, Gray’s Grocery and Subway.

However, if the Spud Box is permitted and then “grandfathered” in when the new bylaw comes into place, it might be able to stay without asking permission of the neighbours and the proximity to Hwy. 7.

Of the neighbouring businesses who could be impacted by the new Chip Truck, Ram of Ram’s Esso, who would share an entrance-way off Hwy. 7 said he is concerned about the traffic coming off the highway at an awkward angle, as well as the potential overflow of litter onto his property. He also said that since he sells desserts and sandwiches the Chip Truck represents new competition for consumer dollars, “but that is more of a minor issue, the congestion and questions about litter and washrooms are more of a concern for me,” he said.

When contacted, Gray’s Grocery, which is located on Road 38, kitty corner to where the Spud Box is planning to open, said it is not a concern to them.

The owner of the Subway Restaurant could not be reached for comment before press time.

The agenda for the Central Frontenac Council meeting on June 12 has not been published as of this writing, but based on Shawn Merriman’s email it appears this matter will be before Council at that time.