DBIA mum on gag order

DBIA was never consulted on city’s move to stop association from opposing city council decisions

The chairman of the Downtown Business Improvement Area had no comment this week on councillors’ plan to put new restrictions on BIAs in Peterborough.

Dave Madill, chairman of the DBIA, said on Thursday the board was “doing its homework” on councillors’ plans for a new set of rules.

“We’re just not prepared to comment – primarily because we’re volunteers,” he said, meaning that the board does its job on a volunteer basis on top of running a downtown business and hasn’t had time to react.

But Madill did say the DBIA wasn’t consulted on councillors’ new policies, which would make it so BIAs can no longer oppose any decision of council.

“We haven’t been consulted – not one bit,” Madill said. “It would have been nice, had they (councillors) done that.”

On Tuesday at City Hall, councillors voted in favour of the new set of rules. The plan was approved, but it needs a final vote at a council meeting Monday.

Citizens will be able to speak to council before the vote at that meeting. Madill said he doesn’t know yet whether he’ll be speaking to council then.

Terry Guiel, executive director of the DBIA, wouldn’t comment on the matter on Thursday (he said it was up to Madill to speak on behalf of the DBIA).

There are two BIAs in Peterborough: the Downtown Business Improvement Area (DBIA) and the Village Business Improvement Area (VBIA) in East City.

Under the proposed new rules, those organizations would still be allowed to appear before council as a delegation but can’t pass a resolution or take a decision contrary to a council-approved policy or decision.

Nor can a BIA become a party or participant in a hearing before the OMB unless they meet specific requirements; for example, they’d have to show in advance that they have the money to fight the city at an OMB hearing.

Meanwhile the new rules also limit how BIAs manage funds: under the new rules they cannot spend money unless it is included in a budget approved by council, for example.

The new rules come after the DBIA pursued an OMB appeal of council’s decision last year to allow a new casino to be built in the south end, rather than downtown. The two sides reached a settlement that saw additional funding go to the DBIA from the city in exchange for dropping the appeal.

Mayor Daryl Bennett called for a new set of rules to be drawn up last year.

At the meeting on Tuesday, Coun. Dean Pappas – who owns a business downtown and represents Town Ward – said the rules governing BIAs have remained the same for years and are due for an update.

But Coun. Diane Therrien, the other Town Ward councillor, asked for a deferral so the DBIA could provide feedback to the proposed rules (there’s a board meeting on Sept. 27; Therrien is a member of the board).

But Mayor Daryl Bennett, who had asked for an update of the BIA rules last year, saw no point in waiting. He said at the meeting on Tuesday the bylaw can be amended if the DBIA has some concerns it wants addressed.

“I don’t find any need for a deferral, quite frankly,” he said.

Allan Seabrooke, the city CAO, said on Tuesday that city staff did a great deal of research to review the rules governing BIAs across the province before coming up with its proposal.

“What you have in front of you really is the best practice, across the province,” Seabrooke told councillors.