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Windsor

Windsor council defers decision on BIA budgets until next meeting

A lawyer representing business improvement areas in Windsor says BIAs are protected by the constitution to make donations to support the mega-hospital appeal.

Three BIAs have sought legal representation

City of Windsor council will be deciding on BIA budgets on June 3. (Jonathan Pinto/CBC)

Ten days after Windsor mayor Drew Dilkens warned that BIA budgets may be pulled if they support the appeal of the new mega-hospital location, city council has deferred the budget approvalsfor next week.

The deferral is to allow time forchairs of the BIAs to meet with the city.

"Everybody was here, all the BIAs came out to speak on their budgets, and to see a deferral at the 11th hour was kind of a surprise," said Brian Yeomans, chair of the Downtown Windsor BIA.

Dilkenspreviously said that the dollars given to BIAs shouldn't be used to support the mega-hospital appeal, because it would violate the Municipal Act.

Ongoing appeal

Citizens for an Accountable Megahospital Planning Process (CAMPP) is appealingthe chosen location of the mega-hospital on County Road 42 near the airport with the Local Planning Appeal Tribunal.

Richard Pollock, legal counsel for three BIAs, says they are protected by Charter rights to make those monetary donations. (Dale Molnar/CBC)

The Downtown Windsor BIA and Wyandotte Town Centre BIA have pledged their support to the appeal.

Lawyer Richard Pollock said the BIAs are allowed to "express their opinion on the development in the City of Windsor and planning" by the way of a monetary donation.

"That's a right that's protected by the Charter of Rights and Freedoms," said Pollock, who represents three of the BIAs.

He also said BIAs wouldn't be violating the Municipal Act because they're "simply promoting their business districts."

Against 'legislated mandate'

In a report to council Monday night, administrationsubtracted the donated amounts from BIA budgets.

"Administration notes that an amount of $1,000 has been pledged for an expenditure that is not consistent with the legislated mandate of a BIA," the report refers to the Wyandotte Town Centre BIA budget.

"The recommended budget has been reduced by this amount."

Before the council meeting, Ford City BIA sent a letter to mayor and council, saying it will not be supporting the CAMPP initiative. The letter says the decision was made before Dilkens' announcement.

The budgets will be debated at the June 3 meeting.

With files from Dale Molnar