Disagreement on role of Downtown BIA could lead to bitter showdown at Sudbury city hall

Another battle is brewing at city hall in Greater Sudbury.

The city's finance and administration committee will hear a staff recommendation Tuesday to approve the Downtown Business Improvement Area's $534,000 budget — all except for $20,000 reserved to appeal council's decision to build a new arena on the Kingsway.

The BIA is part of a larger group fighting against the rezoning of land in Sudbury's east-end suburbs, where a casino is also planned.

A staff report states that the appeal goes beyond the Downtown BIA's mandate under the Municipal Act.

According to the law, BIAs are in place "to oversee the improvement, beautification and maintenance of municipally owned land, buildings and structures" and "to promote the area as a business or shopping area."

The law also states that city councils have final approval on BIA budgets, and can "approve it in whole or in part but may not add expenditures to it."

The Downtown BIA's budget is funded entirely by a special tax levied on downtown businesses.

Its members voted to set money aside for the appeal at their annual general meeting this past February.

Taking it a step further

Councillor Robert Kirwan agrees with city staff that the BIA is overstepping its bounds by fighting council's decision with an appeal.

"We're the ones who appointed the board, we're the ones that approved the budget, we're the ones that created the BIA. We're the ones that are ultimately responsible for [how they spend their money]," says Kirwan.

But Kirwan plans on taking things a step further.

He says will on put forth a motion in the coming weeks to terminate the bylaw linking the city to the BIA.

"If they want to get political, if they want to go beyond their mandate, then fine, there's no problem, just let them do it," says Kirwan. "But we have to rescind or bring that bylaw to an end so that they're their own separate entity."

'Ridiculous idea'

Downtown BIA chair Jeff MacIntyre isn't taking Kirwan's threat seriously.

"I think it's dumb," says MacIntyre. "It's a ridiculous idea and hopefully council laughs when he says it."

Either way, notes MacIntyre, the appeal has already been filed with the province's Local Planning Appeal Tribunal (LPAT).

He adds the Downtown BIA has every right to join the appeal.

"I would be surprised if council actually voted in favour of [staff's recommendation on the BIA budget]," says MacIntyre. "We brought this to our AGM, we had unanimous consent to do this, it's the downtown members' money. If we have a disagreement [with council], there's a process, and this is the process."