BIA relieved of vendor approval authority
Finding that the Township of Clearview’s Vending Bylaw “empowers the Creemore BIA Board to act beyond its statutory and constitutional purposes,” council is amending the bylaw.
The change will downgrade the BIA Board of Management’s input on vendor permit applications to a commenting agency, rather than an approval authority when reviewing vending applications within the jurisdiction of the Business Improvement Area.
“It is important to council and the administration to continue fostering a good partnership with the Creemore BIA board of management,” reported clerk Sasha Helmkay to council on August 14. “Amending the current bylaw to allow the Creemore BIA to comment rather than approve a vending application within the jurisdiction of the Business Improvement Area is a protection measure, as the township now understands that the bylaw in its current state creates a direct conflict.”
When the Vending Bylaw was approved in 2014, Creemore BIA Board of Management was given approval authority over the location within the defined business improvement area.
The issue came to light in 2023 when two vendor permit applications were received.
“It was proceeding through these application processes that the question regarding a potential conflict of interest was raised,” reported Helmkay. “It became a concern that the bylaw put BIA board members in a real conflict and had exceeded their statutory purpose.”
The CAO sought a legal option which confirmed concerns.
“In our view, the township’s Vending Bylaw poses a real risk of creating direct conflict by positioning the Creemore BIA Board as an approval authority within the vending application process,” writes James I. McIntosh of Barriston Law. “In accordance with the Municipal Act, the membership of the Creemore BIA Board is largely determined by and includes local commercial property owners and tenants. The nature of the Board’s membership raises a legitimate concern that a significant number of BIA Board members maintain financial or private interests that may be affected by the outcome of a vending application decision. The participation of these members in the vending application process would constitute a conflict in violation of the Township’s Code of Conduct for Committees and Boards.”
The letter also says, “[in accordance with the Municipal Act], a municipality shall not, except as otherwise provided, refuse to grant a licence for a business by reason only of the location of the business.”
The BIA will have 14 days to provide comment from the receipt of the application.
BIA president Nancy Johnston said members of the BIA board are relieved to have to the approval authority removed saying it did create a conflict for members who are business owners themselves but also community members.
