Here is a link to the webstream of the Thursday Oct 22, 2020 Special Oshawa Council meeting about the financial, management and operations of the Oshawa Central Business District Improvement Area aka (Business Improvement Area BIA).
http://video.isilive.ca/oshawa/CNCL_2020-10-22.mp4.html
The BIA Chair’s delegation begins about one hour into the long meeting, after 3 other delegations request the BIA be disbanded in light of the problems revealed in the City's Report reviewing the BIA finances, management and operations.
Here is a link to the Report that has caused much concern this past week: Report CNCL-20-169
http://app.oshawa.ca/agendas/city_council/2020/10-22/report_cncl-20-169.pdf
The BIA Chair indicated at the Thursday meeting he hadn’t had time to go through the report in detail and had not called an emergency meeting of the BIA Board since the City published the Report on October 16, 2020.
Council made no actual decision to disband the Board at its meeting Thursday. Although a dissolution may be something contemplated, nothing definitive takes place either way until there is consultation.
What Council did approve was a motion that calls for a survey of the membership.
The wording of the motion is here:
‘That the matter be referred to staff to prepare a report on how to conduct a survey of the levied membership for their opinion on the motion.”
The motion it references (which was not voted on) states (in summary) that whereas the review of the OCBDIA reveals extensive governance, management and financial issues, and COVID 19 has left much indeterminable at this time, be resolved the Board and City staff complete an orderly dissolution of the OCBDIA before Dec 31, 2020 and ‘the City CAO investigate taking over the activities normally performed by the BIA.‘
The Oshawa BIA is a local board (Board of Management) of the Corporation of the City of Oshawa and like other BIAs in Ontario was set up under the provisions of the Ontario Municipal Act. At one time it was formally known as the Downtown Oshawa Board of Management (DOBOM) and now formally called the Oshawa Central Business District Improvement Area (OCBDIA). The City of Oshawa created the BIA in 1974 (the same year the Region of Durham was established), and it has gone through various transitions, as the name change indicates. There have been changes in the composition of its Board of Directors and its boundary areas.
Unlike City Chambers of Commerce which are set up and funded by membership dues and contributions, BIAs are established under the Ontario Municipal Act and must abide by its rules, and are funded by a surcharge on the BIA properties, paid for by all the commercial, office or parking lot property owners or business tenants (depending on the terms of the lease) which is levied by the municipality and paid to the BIA Board for its goal of improving the downtown.
The specific legislation for BIAs is set down in the Ontario Municipal Act under Sections 204 - 215, and Section 216 covers Local Boards (however S. 216 (2) spells out if there is a conflict with other sections of the Act or other legislation the by-law would prevail.)
Ten years ago, Oshawa's City solicitor at the time in reviewing other Oshawa BIA problems noted in Report-10-141 how the rules for a dissolution are set down in the Municipal Act:
"Dissolution of DOBOM
http://video.isilive.ca/oshawa/CNCL_2020-10-22.mp4.html
The BIA Chair’s delegation begins about one hour into the long meeting, after 3 other delegations request the BIA be disbanded in light of the problems revealed in the City's Report reviewing the BIA finances, management and operations.
Here is a link to the Report that has caused much concern this past week: Report CNCL-20-169
http://app.oshawa.ca/agendas/city_council/2020/10-22/report_cncl-20-169.pdf
The BIA Chair indicated at the Thursday meeting he hadn’t had time to go through the report in detail and had not called an emergency meeting of the BIA Board since the City published the Report on October 16, 2020.
Council made no actual decision to disband the Board at its meeting Thursday. Although a dissolution may be something contemplated, nothing definitive takes place either way until there is consultation.
What Council did approve was a motion that calls for a survey of the membership.
The wording of the motion is here:
‘That the matter be referred to staff to prepare a report on how to conduct a survey of the levied membership for their opinion on the motion.”
The motion it references (which was not voted on) states (in summary) that whereas the review of the OCBDIA reveals extensive governance, management and financial issues, and COVID 19 has left much indeterminable at this time, be resolved the Board and City staff complete an orderly dissolution of the OCBDIA before Dec 31, 2020 and ‘the City CAO investigate taking over the activities normally performed by the BIA.‘
The Oshawa BIA is a local board (Board of Management) of the Corporation of the City of Oshawa and like other BIAs in Ontario was set up under the provisions of the Ontario Municipal Act. At one time it was formally known as the Downtown Oshawa Board of Management (DOBOM) and now formally called the Oshawa Central Business District Improvement Area (OCBDIA). The City of Oshawa created the BIA in 1974 (the same year the Region of Durham was established), and it has gone through various transitions, as the name change indicates. There have been changes in the composition of its Board of Directors and its boundary areas.
Unlike City Chambers of Commerce which are set up and funded by membership dues and contributions, BIAs are established under the Ontario Municipal Act and must abide by its rules, and are funded by a surcharge on the BIA properties, paid for by all the commercial, office or parking lot property owners or business tenants (depending on the terms of the lease) which is levied by the municipality and paid to the BIA Board for its goal of improving the downtown.
The specific legislation for BIAs is set down in the Ontario Municipal Act under Sections 204 - 215, and Section 216 covers Local Boards (however S. 216 (2) spells out if there is a conflict with other sections of the Act or other legislation the by-law would prevail.)
Ten years ago, Oshawa's City solicitor at the time in reviewing other Oshawa BIA problems noted in Report-10-141 how the rules for a dissolution are set down in the Municipal Act:
"Dissolution of DOBOM
- Council may, on its own initiative, repeal By-law 94/74, as amended.
- Council must give notice of a proposed by-law to repeal By-law 94/74, as amended, if it receives a resolution from DOBOM requesting the repeal; or a request for the repeal signed by persons who are responsible for at least one third of the taxes levied for purposes of the general local municipality levy on rateable property in all prescribed business property classes in the improvement area.
- If repealed, DOBOM would be dissolved and its assets and liabilities would become the assets and liabilities of the City."
