Annual General Meetings

PROTECT PENTICTON PARKS SOCIETY (PPPS)

ANNUAL GENERAL MEETING

MINUTES

Thursday, November 29, 2018 (7:02 pm)

Penticton Lakeside Resort

 

1)   Registration of Society Members (6:30-7:00 pm)

      a) Society members in attendance (#50)

      b) Quorum = fifteen (15). Quorum met.

 

2)   Jake Kimberley (Chairperson) welcomed everyone.

 

3)   Introduction of Advisory Committee members – Lenora Robson, Gary Denton, Lisa Martin,  Carolae Donoghue, Duane Martin, Gerry Karr.

 

4)   Motion to approve the Notice of Meeting which had been advertised via email, local newspapers, the SSPS (PPPS) website and Facebook. Moved and seconded. Carried.

 

5)   Motion to approve the Agenda, as amended (the amended agenda was emailed to members. Handouts were also available at the meeting).

Motion moved and seconded. Carried.

 

6)   Motion to approve AGM 2017 Minutes.

Motion moved and seconded. Motion carried.

 

7)   The Chairperson asked for Reports.

      Directors Report (Lisa Martin)

      Since the full report had already been circulated, only highlights were referred to –

  • June 19, 2018 – Council voted unanimously to accept a new Parks Dedication Bylaw, 2018-37, which was a significant improvement over the former bylaw. The new bylaw means that prior to granting a lease of all or part of the land dedicated as park under this bylaw, the City shall first obtain the approval of the electors;
  • June 19, 2018 Council meeting – the new Parks and Recreation Master Plan was also approved, and was the culmination of over two years effort from the Parks and Recreation Master Plan Advisory Committee. Gary Denton sat on this committee and was a key representative of our members’ views on park land usage;
  • the PPPS Advisory Committee drafted two parks specific questions and distributed them to all Mayoral and City Council candidates. Their responses were sent to all PPPS members prior to the start of advance voting;
  • PPPS thanked their amazing volunteers for their unwavering support.

The Chairperson called for the Treasurer’s Report.

Treasurer’s Report (Duane Martin)

  • thanked Bill Waddell for his time regarding the financial statement;
  • no form of compensation was made to the Directors, nor to any member of the Advisory Committee for their involvement and work for the society; 
  • the only reimbursement to the Directors, Advisory Committee members, were for expenses that were pre-approved by the Directors and were required to meet the mandate of the society;
  • no fundraising was needed;
  • the biggest expense was for legal fees @ $5,172;
  • 2016-2017 AGM expenses @ $1,118;
  • there will be approximately $1,000 to hand over to either a new board of directors if elected, or via a motion to dissolve, to donate any remaining funds to the South Okanagan Similkameen Medical Foundation, a qualified recipient pursuant to the Societies Act.

Question from the floor about a permanent solution to commercialization of parks.

Duane responded thus –

  • PPPS had spent a significant amount of money working with our legal representative to find a permanent solution to commercialization of parks, but the current wording in the Community Charter prevented this;
  • it was an honour and a privilege to work with the directors because everyone had the same agenda, i.e. that of the preservation and protection of Skaha Park as it is, in perpetuity for the use of the citizens of Penticton and area;
  • Bill Waddell commented that the financial statements had been prepared on the basis the Society would be dissolved, and, that should it continue, the financial statements would have to be corrected to delete the accounting and reference to Note 6.

Motion to move the Treasurer’s report. Seconded. Carried.

 

8)   The Chairperson asked for the Legal Report (Gary Denton & Gerry Karr)

  • discussions took place with legal counsel about whether the new Parks Dedication By-Law could or should be dedicated under Section 27 of the Community Charter;
  • following consultation with the City’s lawyer, PPPS’ lawyer reversed his opinion on using Section 27 because it risked unduly fettering future Councils and would not likely stand up to a legal challenge;
  • we (PPPS) realized that the cost of surveying all the parks, or even the two most important ones, would be prohibitive.

Motion to move the report. Seconded. Carried.

 

9)   Chairperson turned the meeting over to Gerry Karr for the background on the Plaque

  • the plaque is intended to be a sober and enduring reminder that all governments are fallible and can make mistakes, sometimes serious ones;
  • if carried to completion, a serious mistake would result in irreparable harm that couldn’t be reversed by simply voting the council out at the next election;
  • there’s a vital role to be played by civil but determined public opposition, which is what Save Skaha Park did, and is what future generations must remember they can do, too, if the situation warrants;
  • we achieved democracy;
  • the original intention was to survey our members on the plaque idea first, before presenting it to Council. But, when it appeared on the council agenda earlier than anticipated, the media was apprised, leaving the public to guess what our intentions were;
  • the response to media coverage was mixed support and opposition, and was sometimes extreme;
  • we then surveyed our members as intended, giving a clear explanation of our purpose, and we based our questions in part on the public feedback we’d already received as a result of media coverage.

Gerry turned the meeting over to Lisa for the survey results.

Lisa reported as follows

  • 1,979 e-mails were sent to all members who provided an e-mail address; some of the addresses represented more than one member.  
  • 290 e-mail responses were received of which 29 represented 2 members at a single address, for a total response of 319 members.  
  • 42   members voted no to the plaque.
  • 277 members voted yes to the plaque.
    • Of those who voted yes to the plaque:
      • 75   voted for the A inscription,
      • 87   voted for the B inscription,
      • 115 voted for the C inscription

There were no questions on the survey results.

Gerry Karr continued –

  • it was not intended for the concept of the plaque to be misinterpreted either as an attempt to embarrass the previous Council and/or to aggrandize ourselves, but it has become divisive;
  • we’ve had an exciting and often stressful three-and-a-half year journey in opposing commercialization of Skaha Lake Park and we were successful beyond expectations;
  • for that reason we hoped there could be an enduring message urging future generations to know the power of public opposition and to be vigilant, but we don’t wish to push the agenda forward and possibly create more division, thereby tarnishing the achieved results;
  • the incoming society directors may, if they wish, deliberate on the merits of an enduring reminder of the message we had intended, without being rushed, and to consider if and how this might be achieved in a way that generates broad community support.

Gerry made the motion to withdraw the Commemorative Plaque resolution:

Be it resolved that funding be reserved for a commemorative plaque

to be placed in Skaha Lake Park.

Seconded. One opposed. Carried.

 

Gary Denton responded to various questions from the membership regarding the new bylaw and process for dealing with parks in the City of Penticton –

  • park protection and use is much more clearly defined;
  • disposition of public parkland in the future must first receive approval of the electors, and is a huge win for those who value parks in Penticton.

10) Chairperson asked that the Bylaw Amendment be read:

Article 25(2) be amended to read: The number of Directors must be

three (3) as per BC Societies Act.

The motion was seconded. One opposed. Carried.

 

11) Election of Directors – The Chairperson asked that the PPPS’s mandate be read.  Carolae read as follows –

  1. Advocate for the protection and preservation of parklands that provide a nature experience to residents and visitors;
  2. Advocate for our civic leaders to provide stewardship of our public parklands as per the Community Charter, and safeguard them as unencumbered assets, freely accessible to all, for public use and enjoyment.
  3. Monitor City of Penticton policy and planning proposals for their impact on the size, quality and accessibility of Penticton parkland;
  4. We reserve the right to oppose commercial development in any Penticton park that is, in our opinion, not consistent with or ancillary to the assigned primary purpose, up to and including seeking remedy in court.

The following names were put forward as the new directors of Protect Penticton Parks Society,   

  • Karen Brownlee,
  • Hannah Hyland,
  • George Jansen,
  • Joanie Koch-Kalanj,
  • Marie Prior.

The Chairman made the motion to accept the above-noted persons as the new directors for Protect Penticton Parks Society.

Seconded. Carried.

 

The election of the new directors will occur when the new signing authority has been transferred.

 

12) Gary Denton thanked David Prystay for his continued support of the Society, and the protection of our parks and park use.

Lenora thanked the volunteers for their support throughout.

 

13) Motion made by Bill Waddell to reverse the accounting and reference to Note 6 to the financial statements that had been prepared and circulated, and that amended financial statements and a corrected tax return be prepared.

Motion seconded. Carried.

 

14) New Business – none.

 

15) Ordinary Resolution – motion made to withdraw the Ordinary Resolution to dissolve Protect Penticton Parks Society since there are five new directors, and therefore, PPPS will continue.

Seconded. Carried.

 

16) Termination of meeting: Motion to adjourn at 8:30 p.m.

Seconded. Carried.

 

Transcription:

Carolae Donoghue 

For and on behalf of Protect Penticton Parks Society (PPPS):

Gary Denton, Carolae Donoghue, Gerry Karr, Jake Kimberley, Duane Martin, Lisa Martin, Lenora Robson

 

 _____________________________________

 

Save Skaha Park Society 2017 Annual General Meeting Video

The video of the Save Skaha Park Society 2017 AGM can be viewed by clicking on the following link.

https://localssupportinglocals.wordpress.com/2017/10/30/lsl-save-skaha-park-society-2nd-annual-agm-on-oct24-2018-3-part-video/

_____________________________________

 

SAVE SKAHA PARK SOCIETY (SSPS)

AGM MINUTES

October 24, 2017

Penticton Lakeside Resort

 

 SAVE SKAHA PARK SOCIETY (SSPS)

ANNUAL GENERAL MEETING

MINUTES

Tuesday, October 24, 2017 (7:15 pm)

 

1)            Registration of Society Members (6:00-7:00 pm)

a) Society members in attendance (#150)

b) Quorum = fifteen (15). Quorum met.

2)         Jake Kimberley (Chairperson): (Paraphrase) … great to see a wonderful turnout, as well as on such a beautiful day. The meeting is open to all members, and if a person isn’t a member, they can register at the front. All registered members can vote, and voting would be by a show of hands. Directors have set the quorum at fifteen and quorum has been met. When we have election of officers … if there is an election and more than one person is nominated for one position, there will be a secret ballot, otherwise it will be by a show of hands. (Paraphrase) … the Chair refers to the sad passing of Nelson Meikle, who represented the Penticton Citizens First group, and had the same goals and objectives as SSPS. A moment of silence is called for.

I refer to a comment made by Gerry Karr recently that it has been a long journey, and we still have a way to go we do, because tonight you’re going to hear what we’re asking Council to adopt, to ensure that no parkland is every invaded, or attempted to be leased out without voter approval. I take this opportunity to advise that the procedures are being filmed by Locals Supporting Locals (localssupportinglocals.ca)

 

3)                     Motion to approve the Notice of Meeting which had been advertised in via email, local newspapers, the SSPS website and Facebook. Moved and seconded. Carried.

 

4)                     Motion to approve the Agenda, as amended (amended agenda was emailed to members, as well as handouts provided at the meeting). Motion moved and seconded. Carried.

 

5)                     Motion to approve AGM 2016 Minutes. Motion moved and seconded. No discussion. Motion carried.

 

6)                     There was no need to read the biographies of the committee members, since they had already been circulated. If you wish to see them, they’re on line.

 

Introduction of Advisory Committee members – Lenora Robson, Lisa and Duane Martin, and Carolae Donoghue, Gary Denton, Gerry Karr. Jake introduces himself.

I would like to refer to Peter Weeber, the City’s new City Administrator, and his attendance is greatly appreciated. Peter came to us in January of this year and we think he’s realized how important the issue is that has been raised in our community that we (SSPS) has been involved in, and the whole community has been involved in, with financial contributions and dedication in seeing this resolved with the Trio application for a 30-year lease. It’s unresolved. Peter has recognized the sensitivity of the whole issue, and will let you know how he plans to address it. HeHe camHe is willing to answer any questions and is very qualified. Since 2008, Peter is the first municipal officer to come here with municipal experience and education, in municipal affairs.

Introduction of Gary Denton and Dr. Gerry Karr – have been directed to look after legal matters regarding the events over the last two and a half years. They’ve done a superb job with respect to the legislation, and the history behind the 2002-42 By-law passed by referendum, and digging out the history. They’re going to speak to that this evening, and they want you to make sure you understand what the process will be from here on to get the council to look after the parks issues, forever. Forever meaning, that they will never attempt what they attempted to do with Skaha Park, again. They will not be allowed to, if the bylaw that they present this evening, will be passed

Jake introduces himself.

 

7)         Presentation of SSPS Submission to City of Penticton by Gary and Gerry:

Gerry – our role is to summarize what’s happened since the end of the Trio Agreement, which everybody here is familiar with, and to set the stage for the comments that Peter Weeber is going to say. After the decision was made to abandon the Trio Waterpark Agreement, it was also the same time as the Parks & Recreation Master Plan process was getting under way, and so the green space in Skaha Park was protected, but we were aware this could be a one-time only that there could be future assaults on our parks, and we’d have to fight again as we did with Skaha Park. We had hoped that the PRMP process would enable us to get the protection we were looking for, on-going.

As the PRMP process continued, and by the way we were very grateful that Gary was received as a member of that committee, as that process unfolded, we became aware that whatever came out of the PRMP, it would not be legally binding. It is a guideline, a working document, it’s not a policy statement. The PRMP can make policy recommendations, but it’s up to council to decide what to do with policy recommendations. We felt some sense of urgency to move forward to the next phase or our work. We’d won the battle for Skaha Park by overturning the Trio Agreements for a waterslide, but the war was another matter. The war is making sure, to the best of our ability, this never happens again. And that means dealing with the Parks Dedication Bylaw that was passed in 2002 by a referendum of 91% voting in favour. It gave a promise that our parks would be protected and until June 2015, when the Trio Agreement was put forward, we thought they were protected. Now we know they’re not protected by that bylaw.

So now, if we want to protect our parks and move forward, we have to do something to correct that. It’s a matter of how we do that and recognizing that the PRMP Committee can only be a guideline, we contacted our lawyer in June of this year and asked him what are our options to gain that kind of protection. He did some research and he said it’s really very simple, you have reference plans prepared for those parks, which will take some work, have those reference plans deposited in the Land Titles Office, which then, as dedicated parks, fall under Section 29 (1) of the Community Charter and because of that, will provide clear, explicit and legally binding protection of our parks in the future, from disposition. Disposition is a legal term – that includes leasing – from disposition without approval of the electorate. Approval of the electorate can include the Alternate Approval Process or assent of the electorate, which is an electoral vote, at the choice of the council.

Gary and I worked on the process over the summer with our lawyer; it took several iterations, and we worked on it until we felt satisfied we had a document that would deliver the needed protection concisely and explicitly and clearly, and we presented it to the City administration on October 13th, last week.

Peter, please correct me if I am wrong, that your reception initially was encouraging [Peter nods] that it’s complex, you’ll have to look at it carefully, but it is promising. So, we’re on track now to continue discussions with the city that gives legally binding protection to our parks from disposition, including leasing, going forward, without the approval of the electorate.

Gary Denton: I’ll start off with a general comment that the people in this room represent SSPS, 5,000 plus signed up. We could have signed up more, had we had the manpower. If we look back at the last twelve months, and realize the accomplishments that we collectively have made. Twelve months ago, the waterslide proposal was still on the table, and we were fighting like hell to try to stop it. That has been abandoned. Secondly the city was persuaded to terminate the agreement in its entirety with Trio, and that was partially as a result of the public pressure put on them, principally by the group that we represent here today. So, when you look at it, we’ve made a lot of progress, and as Gerry said, we’ve come a long way, but there is a further road on this journey. But we should be thankful for what we’ve accomplished and thankful for what’s looking optimistically ahead of us because we’re getting good reception from the city.

Parks & Recreation Master Plan Steering Committee (PRMPSC): I’ll move briefly to the PRMP SC, and in this agenda later on I’ll give a short report on that process specifically. But, how it comes into play here is that principally with the arrival of Peter Weeber, as the new administrator, and his instructions from council is that they could see, and I think it was April or May that the PRMP wasn’t working, the PRMP wasn’t getting done what the public was expecting it to do. The council recognized it; they’ve heard it on the street, they’ve heard it from the constituents, from people like you bending their ears saying I’m hearing that we’re not going to get referendums or whatever we require so that we can have ultimate decisions on what happens in our parks.

The council and the administration recognized it, and they immediately allotted more resources, extended the deadline, we were under pressure to complete this by June, and that was extended. It means more time on the committee, but it does mean we’ll get a better job done with this master plan. The master plan was last written in 1993, and it’s long overdue. As Gerry said, a parks and recreation master plan is only a policy, it’s a guide as to how you operate and administer your parks and how you develop them, but it’s not a binding agreement. But we’ve had much more success in the past five or six months of developing a master plan that we can all look back on and be proud of. I think the master plan will continue for several months and hopefully we’ll wind it up in December or January, put it in its final form and present it to council for adoption.

Where do we go from here? This proposal was presented to the administration, and I’ll let Peter speak to where it might go from here. By the way if there’s questions in the group on this proposal for the park dedication bylaw, I suggest we leave them ‘til after both Gerry and I have finished speaking to it, as well as Peter Weeber, so that at the end of Peter’s presentation, if you have questions … by the way Peter offered to come, we didn’t approach him, he said I’ll come to that meeting if you like and we accepted with enthusiasm. He said he’d answer questions from the floor. We ask you to keep it to parks, not other issues with the city you may wish to talk about, not here and not tonight, they may be valid, but keep it to park-related.

Where we go from here is: the Community Charter is not clear on what has to take place in the type of park that Skaha Park is, and other major parks in the city. It wasn’t dedicated by bylaw, it wasn’t given in lieu of a development cost charge, and if nothing else we’ve determined that it’s a legal argument, but we don’t want to end up there again. We were prepared to go to court, and part of the reason that our lawyer was able to come up with this proposal is that he had done a lot of background work in preparation for a big trial on whether the City of Penticton had the jurisdiction to do what they did. We don’t want to have that argument again, because we could win and the City could lose, and we all lose. So what we’re attempting to do and this is the suggestion put forth in this proposal that you all received by email … by the way, in that proposal, don’t forget to read Appendix G which is at the very end of the appendices, that is the crux of the legal argument, but we didn’t put it in the body of the agreement because it’s … it gets legal and its confusing but it can bog you down as a reader. But it’s there, after reading it, it’s a common impression that people will get is that this is complicated, and it’s not clear. But we want to make it clear, that all the principal parks in Penticton, the twelve that were identified in 2002, the large ones, from Munson Mountain, to Queen’s Park, to King’s Park, to Skaha Park, not the community parks, not neighbourhood parks, those twelve that remain, and move them into a classification that is clearly identified by the Community Charter as requiring approval of the electorate for disposal … that those classifications of parks require approval of the electorate for disposal, disposal including leasing, before any park can be disposed of. If you do that, there’s a survey required to be deposited in the Land Title Office, it’s either a reference or an explanatory plan and there’s some logistical issues to go through, but the first one … before we get ahead of ourselves, is for the City of Penticton and council and administration to get behind this and agree with us that this is the longer term solution to the protection of our parks, that the public is expecting and deserves.

Gerry Karr: Just to close and to build on the point that Gary was just making, giving our parks the protection they deserve, is one really important step forward in regaining the trust of the community in our civic governance. That’s really important, and that’s why we’re encouraging the City to look at this positively and to please give it serious thought.

Jake Kimberley: I will now ask Peter to come forward, who will answer some questions on process. He could answer questions on City affairs, but we’d be here all night. So try and stick to the issue before us. As set out by Gary and Gerry, it’s where we want to go with the City on this. Peter has seen the documents and he can refer to them, and pass comments to you.

 

8)         Peter Weeber: Thanks for having me. Thanks to Jake and the crew here. I haven’t had the opportunity too much to do with this side of the table, but they’ve certainly been visible at some of the meetings I’ve attended.

I come from a small town … near Smithers, B.C. … called Hazelton … anybody from Hazelton, yes, well be blessed. It’s a beautiful little community. My father served until his death a few years ago, he served on council for 23 years, as either mayor or councillor. So I grew up in and around local government, and never really wanted to get involved in local government. I got involved in the private sector, and sold things and managed things … and somehow I ended up in this business and it was a good move for me … ‘cos having grown up in it, I understand the power of the people. I understand the importance of listening to the people that pay the bills, the residents and the business people. I certainly understand anger and passion … my Dad was a very fiery, passionate guy and if he didn’t like something, we certainly heard about it. One funny thing, when we all got to the age to work, but … you didn’t want for anything in my Dad’s house until you were old enough to work. Then if you were in that house and you didn’t have a job, it wasn’t a very comfortable place to be. But if you were in that house and you had a job, you never had anything to worry about.

The same applies to communities, if you’re doing a good job, the community may be generally supportive, probably won’t be with you all the time, but as long as they trust the processes, and believe in what you’re saying, whether you agree or not, they feel like you’re being fair, then things usually work out. Although sometimes, we go off the path and our processes aren’t the way they should be, and since I’ve gotten here, I’ve been working with city staff and with council to build a system, a meaningful trusted system that you can count on, for when we come across issues like this, we don’t end up, as much as we like to get together, in groups like this. We can communicate in Council chambers and through letters to the editors, oddly enough, and just for the record there is no outstanding lawsuit (inaudible) … I’m here to say there is no lawsuit (inaudible) pending litigation (inaudible) … I would never have taken you on.

So to parks business, it was in April or May, we had a discussion with council this has gone this far. We felt we’d made progress in December when they removed the waterslide, clearly that was progress. But obviously we felt we weren’t meeting the needs and the desires of the community to find policy that will help protect parks. So, Council said we give you the mandate to work with the groups and do whatever we can to get us to this point where we are today.

So, council said, basically, gave us authority to operate on their behalf, and the first thing we did was pull all the groups together, and that was Citizens First, the Save Skaha folks, and yourselves, and city staff and the PRMP Committee and we had what we called at the time, a little bit of a peace accord, and we all agreed that instead of working independently, we were going to work together, to try and figure out how we could solve this problem that we’re all in.

We all agreed that we wanted to do one thing and that’s why we pulled together at that point, and that was to protect parks. So from that moment on, things changed. The tone changed, Gerry agreed that the tone changed very quickly. Shortly after that, Anthony Haddad, some of you are familiar with him, he’s our Development Services Director, and I got together and said if the master plan is a visionary document that won’t bind anybody to any rules, let’s start developing policy that will. So our first step there was the Park Use Policy which all groups were involved in at the start … TAPE ONE ENDS

 

TAPE TWO COMMENCES

Peter Weeber (cont’d): …that’s close to … they’re absolutely right, which is why we need a bylaw to protect parks and that’s where we are today and that’s why I can certainly agree with everything I’ve said here today, I guess it’s a very complicated process but it’s not a very complicated document … it’s a group of parks where we won’t do certain things in unless the community agrees. There’ll be a Park Use Policy that dictates what will go on in all parks, as far as concession stands and some types of events, or some types of businesses … I’ll give you an example because everybody gets wound up with the word commercialization, I think it’s a valid word, and I don’t know if that’s the right word either but …a group like Loco Landing, that’s a facility that operates within a park. Pure Water Sports, is a facility that operates in a park. The ice cream place, Tickleberry, they’re a commercial business in a park.

So our Park Use Policy will dictate the use (inaudible) and other types of business and other things, that will be agreed upon by the Master Planning Committee and the sub-committee, and at the end of the day, we’ll adopt that policy. The same with the bylaw, so whatever that bylaw looks like, we’ll start drafting it. Anthony Haddad will be leading that, I will be working with him, and I will be speaking on behalf of the City on the development of that document with your group, and any group that wants to be part of that document, and we’ll work as hard and long as we have to, to get that document to a place where the community’s comfortable with it and once that’s complete, we’ll then bring it to council and give them an opportunity to adopt the final version.

It’s as simple as that. It’s been a long journey. It’s not over yet, but I have to say since we started working together, I feel that this is just going to continue the way it has been, together, not apart. And, as much your council (inaudible), you and a lot of other groups, they are fine with what’s going on now, as far as the work that we started in April that was mandated by council, I can’t do much without council’s approval. I have to say that there has been a lot of lessons learned. When the agreement was terminated, I believe the Mayor sent out a message, I believe there was a couple of lines in there that resonated with me and probably you, in that he said that when they did the downtown revitalization, it was a year and a half of consultation, and when they did the waterfront it was a year and a half of consultation, and when they had this parks discussion, it was nowhere near that long, it was quite short. And, that’s why they’ve given us the ability to draft policy that speaks to your concerns in that area, and we’ll guarantee there will always be a process before anything is proposed in an area, such, in this case, in a park. So, it’s as simple as that, it’s not very complicated. But I’m happy to answer any questions, I’ll stick around, so, if you have a city question, I will stay ’til the end of this, so don’t think you didn’t get to stick it to me!

Once the policy, the park use policy that dictates what we can do and what we can’t do in certain types of parks … then there’s the park dedication bylaw (inaudible) … will say what the community input will have in a park, and then there’s the advisory committee which will govern those policies to ensure … a community group will put together that whatever comes before them, that’s outlined in those policies, that will be your extra layer of security, if you want to use that term, to ensure that the public is involved and will hold on to your parks. I don’t know how to do it other than that, and it seems pretty bombproof.

Jake Kimberley: (microphone echo – paraphrase) – basically asks for interpretation of the Alternate Approval Process (AAP) versus Referendum as to how it binds council.

Peter Weeber: I think the AAP is interesting in that when, I guess use the annexation that’s going on right now and talk about bringing in (inaudible) and some people came to me to say they don’t really like this process, because we feel everybody should have the right to say what they think. But the reason why that AAP was created is because if the issue is that contentious, you should be able to get ‘x’ amount of population out to disagree with it.

So that process is designed only to engage with the people that don’t like what’s happening, on whatever the issue is. So it’s a pretty powerful process because it really says we don’t care what the people that like it say, we want to know what the people that don’t like it say. Now if we have ‘x’ percent of people show up and in this case it’s like this, that’s 2,700 people have to say we don’t like that and it automatically goes to referendum, and I think that’s the power of the AAP, if you’re a no person, you can shut it down, 2,700 people, it’s not a lot of people out of a community of 33,000 or 34,000 people, there’s value there. The concern that was said to me is that what happens if not enough no people show up and it goes through. Well absolutely, you have to be engaged, pay attention because things happen, if you don’t pay attention.

This was more a process-based issue than it was than anything else. I think people who do my job, have to be able represent the community, and also give council good advice. If they don’t get good advice, even with good intentions, they can make decisions that put us in a very bad situation when it comes to community trust and that’s where we find ourselves today.

Lynn Kelsey: (microphone echo … some inaudibles – paraphrase) – Ms. Kelsey refers to the majority of population being over sixty-five; she has a concern about process. Because parks have been a contentious issue for so long, she requests that if a (inaudible) becomes available, the referendum process is used, as opposed to the AAP.

Peter Weeber: Alternative Approval Process has been recommended, it’s not written in stone. We could have a referendum, it’s not a bad idea, but everywhere else in BC has made use of this type of process successfully, and the community has been engaged. With the Advisory Committee in place, our goal is to make it, so that, not saying it’s going to happen in a park, but if somebody wanted to propose something, and we have the process in place, we’re going to make it, so that there’s a minimum of at least six months of discussion before any consideration of any process. I would say that has to be mandatory (inaudible) the policy we can come up with. If you have six months of discussion before you even consider community input, I think we can say we can engage 33,000 people, fairly effectively.

Gerry Karr – the Community Charter provides for approval of the electorate either via AAP or referendum … we can’t recommend a referendum every time because the Community Charter provides for both, no way we can recommend that it is legally binding, I have grave concerns about the AAP because it can be abused, and has been, with the annexation. Regarding the AAP – before you pull the trigger, start the clock, make sure public has full information, is given every opportunity for feedback and criticism, which is seriously considered by the city and revisions made, if appropriate. New and refined plans put forward that addresses those questions as best as possible. Then, and only then, you pull the trigger. It is difficult for so many people to get out and file an AAP petition, so going forward – though provincial legislation doesn’t mandate referendum, doesn’t mandate a vote by the electors for disposition of parkland, we need to make sure that we have groups like this because when you require 2,700 people to vote no in the AAP, most of the time, you won’t reach that 10% threshold, which is why we need to make sure we have organized groups like ours, that will marshal the opposition … that’s what needs to happen because we are operating under the Community Charter.

Gary Denton: What we’re attempting to do is make sure these parks are subject to the legislation that requires the approval of the electorate … let’s get there first. When there is a proposal to lease a piece of parkland, and there will be some that will be proposed and be approved within the community, but it’s not a closed door that no parkland will ever be leased again. It won’t be leased, if we can get there, without your approval. How that approval is gained on a specific proposal, will be determined at the time after a public consultation process.

The bylaw that we’re suggesting, and Peter said is being developed now, and the one that we proposed, is in itself … will require approval of the electorate. The park dedication bylaw that was passed, 2002-42 required approval of the electorate. So to amend, change or replace that, requires an equal or greater process. So if we say in this room we don’t want AAPs, it could delay the approval of the park dedication bylaw that is going to protect our parks. It works two ways. Is there a person in the room called Patrick Gaynor? Is he here tonight?

Patrick Gaynor: Yes.

Gary Denton: Patrick, he wrote a letter and I replied right away, regarding the AAP (inaudible) … I’ll read it … We are recommending that Save Skaha Park Society AC that this new and revised park dedication plan process be revised and adopted prior to the municipal elections next year in October 2018, the timing is important for residents as equally important for city council prior to the end of their term. If it has to go to a full vote, which is commonly referred to as a referendum, council could legitimately say we’re not going to have a full vote that’s going to cost $35,000, $40,000 in the middle of the year when we have one in October. If there’s no opposition to something, why would we put the community through something $40,000, when it’s obvious it’s going to go through.

So think about that that. We’re not there yet, but we want to get the council to adopt this, and how they decide to have this approved by the electorate, the bylaw itself, is up to them, but the expeditious way is to do it by AAP, and if there’s very few people opposed to this bylaw, I don’t think there’s anybody in this room … want the parks protected, then why spend $40,000 to decide the question.

Gerry Gillingham: (sound muffled – paraphrase) – speaks about the AAP, and intervention. He refers to a couple of years ago when council went to the electorate to borrow $2 million and they needed to go to AAP or referendum, and chose AAP. A group of people got together, received lots of signatures, and presented them to City Hall. When City Council noticed the amount of signatures … they abandoned the AAP and borrowed the money out of a reserve fund. They can stop the AAP process at any time. He wanted everyone to know. Once started, they can abandon it.

Peter Weeber: I’m not familiar about dropping half way through an AAP, it would be very suspect to me. As far as borrowing goes, if Council borrows ‘x’ amount of dollars, for more than five years, they need to go to you for public approval, but below that, you can finance within a five-year period. You know folks when people are suspicious and things haven’t gone smoothly or the way they should have gone, whether it’s right or wrong, I’m not here to say, I’m saying we have to have processes in place to protect your community on all topics, no matter what the issue is. And that’s what we’re committed to. In this instance, there’s two people working on this policy, Anthony and myself, and we’re with your group and many other people on this policy. So if things go wrong you can blame me, then Anthony … I’m not just the guy that says stuff. I’m the guy that does stuff for a living. My word’s all I’ve go left … my wife took everything else! My word is my living.

Ben Amos: (some paraphrasing) – I was involved in 2002, as well as others here tonight who were involved, specifically Lake Okanagan Park … we thought at the time the park was secure and dedicated. We find out now that there’s a notwithstanding clause at the end that allows the city to dispose of the parks as they see fit. I think the change in that bylaw will go a long way in getting the confidence of the people back. I would like to suggest one more thing … and talk about encumbrances … because we’re not disposing of the park if we stick something in there, that destroys the essence … I speak of Lake Okanagan Park where I hear whisperings about a permanent stage in that park. Lake Okanagan Park is the festival park and so it should be … there’s portable stages that work perfectly adequate, but a permanent stage would block the view of the Japanese Gardens and be a huge eyesore in that park on a permanent basis. Festivals only have four weeks a year, the balance of the year it should be left open … view of Japanese Gardens … maybe won’t mean much anymore if the city decides to dispose of the art galleries (inaudible) as well, but that’s a secondary issue.

Peter Weeber: Let me put you straight on a couple of things. We’re not doing anything with our galleries on parkland … that will be subject to all parks in the city in the future. The green room concept or stage, I’ve heard this rumour, but not within the city system … I assure you this council’s not interested in doing anything in a park.

Ben Amos: That’ll be in the Western tomorrow … (inaudible) …

Peter Weeber: I have said to anybody that I have talked to about parks that if I hear anything to do with parks, I will share that information with anybody, people have all kinds of schemes, but we’re closed for park business.

Comment from audience: (inaudible, paraphrase – refers to the master plan draft)

Peter Weeber: That master plan is a visionary document and unless the community agrees to put something in a park, we’re not putting it in a park, that’s where we’re going.

Lynn Cresswaller: (paraphrase – asked if there will be a caveat on the parks register, in the land titles …?

Peter Weeber: A covenant will restrict all use. Well, we’re (inaudible) … yes, the idea is to register these parks with the land title. I can’t speak to specifics to something that’s not written, but our intention is to make it a very rigid process, before even considering anything in a park. What that will look like is depending on this group and everybody else we’re consulting with. There’s two people writing that, Anthony and myself.

Lynn Cresswaller: (paraphrase) – refers to the hockey dorm situation.

Peter Weeber: (paraphrase) – comments that he is being respectful and expects LC to be respectful to city staff, too.

Lynn Cresswaller: How will the neighbourhood parks be protected? Somebody mentioned something that neighbourhood parks were involved in this?

Peter Weeber: (paraphrase) … not getting into the line by line of a document that doesn’t exist.

Lynn Cresswaller: There is nothing stopping the City of Penticton (COP) from enacting zones within the parks, that’s been put forward by Parks & Rec Planning, then the City of Penticton can change the zoning bylaws to allow various other things happening in the parks. What protection … (inaudible)?

Peter Weeber: We’re not going to do that, I don’t even know if that’s possible, but we’re certainly not going to do that. It’s going to be a black and white document. You can do it this way or you can’t do it this way.

Lynn Cresswaller: So zoning is now taken right out of the Parks & Rec?

Peter Weeber: There’ll be certain types of parks. You’re trying to get me to quote on a document that doesn’t exist.

Lynn Cresswaller: I don’t want exist. I want you to think about it.

Peter Weeber: Absolutely and share those thoughts with your group.

David Lindsay: (some inaudibles, paraphrased) appreciate the attempt to come up with a proposal from the COP, I’ve read the document … couple of concerns from the leasing aspect, not just content, but procedural. Proposal is too broad and generalities … need more specifics … if we’ve got different types of parks, what types of parks will be included in the definition of a park … what is the definition of commercialization? What is the distinction between a concession stand and a restaurant in a park? A restaurant is prohibited … couldn’t distinguish between the two, and need to be addressed … those aspects need to be considered in any proposal that’s going to be made … need specificity and take away (inaudible). My second comment is (inaudible) … the benefits of taking away commercialization (inaudible) … is to ban licences from a park … once you ban the ability to take away financial incentive, like the restaurant … finally, any proposal needs to comply with I’ll call it vertical jurisdiction, for example, the agreement with Trio provides for marina … that lake falls under federal jurisdiction (inaudible) there’s other areas … crown lease agreements, you have case law (inaudible) to consult with the Native community which was not …

Peter Weeber: (inaudibles, paraphrase) I have a letter of support from the band for the expansion, that’s been made to the public, they still support the project … the fact that we’re not going to be leasing means the city will have to upgrade the marina … and that’s fine … needs to be upgraded, $1.2 million+ … and we should have more types of these meetings around the specifics of that bylaw … will be considered … this is not a rush, but we’d like to get it on paper and approved as soon as possible … it could be February or March … this is not complicated … we can make it complicated, we can make it black and white … discussed with this group … the Community Charter is clear on it, so our bylaw must be clear on it, that’s where we’re going …

Unknown man: (mostly inaudible) … talks about process, specificity and appreciates being able to talk to Peter at any time … TAPE TWO ENDS

 

TAPE THREE

Previous speaker: (inaudible)

Peter Dooling: The function of the City is to promote and provide and protect public parks and on that basis, I turn to the Save Skaha Park people … my comment is in line with what Gerry Karr said … I wish to support his point of view that he has deep concerns about the AAP. There is a case right now, just for information in B.C. wherein the Municipality of Surrey … the citizenry have been trying to stop a major roadway through that magnificent park. The City Council wants to put a roadway through their city park and the citizenry was given a limited time. It was launched in the summer, when it was nearly impossible to get people to canvass other people to get the required number of signatures. So, it failed. It failed with (inaudible) 11,000 votes. It wasn’t sufficient to meet the requirements of the AAP. My point is this, it depends on the goodwill of the council in relation to park protection. Was the road more important and did it have to go through the park. But that they rushed it through the summer, made it more difficult for the no votes to get sufficient votes and that’s my concern and I share strongly this with Gerry, over the APP. It will work but only if there’s goodwill amongst all parties. Thank you.

James Miller: (inaudibles, paraphrase) … refers to hockey dorm were a business person of the city chose to (inaudible) fair to say the individuals didn’t have the financial means to take on the project … regarding Skaha Park, he wants to know if proof of financing from Trio Marine group ever seen by City staff or council, yes or no.

Peter Weeber: I don’t answer yes or no questions, it’s a game people play sometimes. I’ll answer the question … but not with a no or a yes. The answer is that before that agreement was terminated they were required to meet certain conditions, the date was August 1st, that agreement had to be either ratified or not ratified to the next level, after August 1st. The City terminated the agreement prior to August 1st. So, if they had not have done that, if they would have continued on, the Trio group would have had to demonstrate a viable business plan, and even then, the agreement wasn’t going to be finalized, but what would have happened if the Trio agreement hadn’t gone through, after the August 1st deadline, we would have been subject potentially to other damages, like the agreement was … it was in that release that we did … it’s not very complicated, if it happened at this date, the City’s exposure would have been $200,000, after this date, there was no limit to exposure. So, to answer your question, absolutely, they would have had to demonstrate financial viability and that would have been based on the viability of the business, which wasn’t viable probably because they’d lost their main source of their revenue with this waterslide concept, and also they didn’t have a liquor licence, which the city wasn’t supporting, (paraphrase … though the city did remove that too because … PW had only arrived in January … give him a break … didn’t get involved until April, May … PW wasn’t involved in the research up to that point … )

James Miller: Not here to play games … asked a yes or no answer … ask a sub-question … (paraphrase … he and his wife purchased a home here … had to get partial finance … they asked a lot of personal questions … employers etc). Proof of financing, would that not be the first thing that would come into play before you do a transaction?

Peter Weeber: (inaudible, some paraphrasing) … the longer term lease was subject to financing and they have a lease to the fall of 2018 and they don’t have a lease beyond that. But, as for that property in the future, that’s limited to the marina and the restaurant, will go through a fine process … hopefully I’ll still be here … I’ll be watching very closely, anything that comes through the city system is one hundred per cent my responsibility whether it be a hockey dorm, an annexation, Trio Marine group proposal, whatever comes through that system … if I’m not paying attention … the city’s exposed to bad business deals … you think the city’s not the only ones that makes bad business deals … if you watch the news … Sears … receivership … no one’s perfect, I can understand the city wasting any tax dollars is not acceptable, but there’s one person responsible for city business before it gets to council table and that’s the CAO, whoever that may be and staff. If the information they get from us is good, then the city will do good business, if council typically makes good decisions … I’ve seen the council make good decisions since I’ve gotten here and they’ve given me full control of the city which is a sign that they care … I’m not an easy person to get along with when things aren’t going well, my staff will tell you. I have high expectations and that goes for all city business …

(PW refers to a former speaker who said a city staff person had spoken to him in a way he didn’t like and has been quite rude … PW confirms that if a member of city staff is rude, or short, they should call PW direct because that is unacceptable … he respects people and expects to have respect in return … and will deal with it direct)

James Miller: Why the $200,000 buy-out to Trio at the end of the season?

Peter Weeber: Part of the original agreement. I wasn’t here at the time for the negotiations, but any agreement whether it’s an employment agreement or a business deal there is usually a clause that if things don’t work out that we agree we’ll leave on these terms … whatever those terms are, essentially in the termination of a relationship, had to be something and that’s what they’d chosen. When the waterslide was taken from that deal, that could have gone very wrong for the city, because they had a deal that was made in good faith and suddenly you take the main revenue generator out of that deal, as a business person, and I am a business person, private sector more and government today, I would have been looking very carefully at my options at that point (inaudible). Trio did work with them to modify that and it could have been more.

James Miller: (paraphrase) … begs to differ that the waterslide was going to be profitable, with a ninety day operating … given no rain, no school, I never saw a business plan … charge twenty five dollars to go down a waterslide, given Waterworld, and others gone out of business, like Red Deer, West Edmonton Mall … (inaudible).

Peter Weeber: We learn from the past. We use those lessons to define the future. Your future is this policy … whether I’m here or not … this policy will endure and will be approved by you, and then by council and it will protect your parks in the future, bottom line. Someone said something the other night they thought they’d had it nailed in 2002, well it wasn’t. This time, it will be.

Unknown: (inaudible) … goodwill of council … I am waiting to hear the goodwill of this council … (inaudible) … SSPS to save PPPS … let’s make that (inaudible).

Judy Schintz: Gary and Gerry both mentioned in this new proposal, parks survey, so I want to know who will be paying for these surveys … is this something the city is requiring and who will be paying for or the society …?

Jake Kimberley: The city will be paying (inaudible). Move to Reports.

 

9)         Reports –

Lisa Martin (Directors): I won’t belabour this … you’ve all received the report, so just a couple of highlights from the director’s report from the last year. In November we were delighted when the Trio Marine waterslide deal ended. Subsequent to that, our own Gary Denton, was able to really (inaudible) the PRMP, when he introduced and managed to have a recommendation that (inaudible, paraphrase, it pertained to the proposed new bylaw). Gerry Karr and Carolae, also members of our committee, were able to be part of a sub-committee of the PRMP, and were responsible for making significant and positive changes to the Vision & Values statement, so that was another thing we were very proud of. Throughout that time, we have been able to maintain and offer regular communications with our members. Since January, we have sent out eleven general updates reporting on our progress, and an additional nine that were AGM-specific. Motion to move report. Motion Seconded. No questions from the floor. Carried.

Duane Martin (Treasurer): Thanked Bill Waddell for his time regarding the financial statement. The Save Skaha Park Society (SSPS) fiscal year runs from September 1 – August 31.  Because of the success we had raising money for our legal fund during the 2015-2016 fiscal year, and the cancellation of the waterslide agreement, we did not actively pursue fund raising during the 2016-2017 fiscal year.  Despite that, $2,199 was added to the legal fund, primarily from membership fees and contributions. With respect to expenses, all SSPS expenditures have to be approved in advance by the SSPS Directors.  Expenditures for the 2016-2017 fiscal year were $20,541  Our largest expenses were for legal fees which were $16,764, the 2015/2016 annual general meeting $1,655, office expenses (primarily cost of the web site domains and the mass e-mail system) for $1,191 and advertising $711.

No form of compensation was made to the Directors, nor to any member of the Advisory Committee for their involvement and work for the society.  The only reimbursement to the Directors, Advisory Committee members, were for expenses that were pre-approved by the Directors and were required to meet the mandate of the society.  All costs for the volunteer appreciation events were paid personally by the members of the Advisory Committee. Motion made to move report. Seconded. No questions from the floor. Carried.

Gerry Karr & Gary Denton (Legal Liaison Sub-Committee):

Gary Denton – we’ve already covered legal activities. City of Penticton Parks & Recreation Master Plan, the PRMP is going to be a vital part of what makes the protection of our parks work. We have a bylaw, but we need to have a policy for public consultation and that is being developed. We do need zoning. Zoning takes place in parks. All land within the city has to be zoned. At the moment, there’s one or two zones for parks, and there are eighty-six, but that’s to better find what is an appropriate use or better use in parks.

There are recommendations in the PRMP draft that disturb two of us on the committee. One is Peter Dooling, who spoke briefly about the goodwill of council; another one is Sharon Devlin who is here. We discovered that there were a number of recommendations, there’s key recommendations, they are included here … Ben Amos mentioned about a stage and a green room in a park. We’ve asked for them to be removed (inaudible) specifically debated, (inaudible) scope of work. We’re having those removed, that document, and they can’t look back and say that the PRMP recommended something that we didn’t even discuss. But things are moving along. I think the document will be very valuable. I think council will have to refer to that policy, and work to move any proposal along, and if they don’t follow the policy, then it’s for the citizens, as usual, to object and to bring them back in line, or protest to the point where we beat them into submission.

I’d like to thank David Prystay of the Lakeside Resort. He and his staff have been supportive of our parks group from the very the beginning, providing meeting rooms and refreshments, coffee and water … has bent over backwards to be a friend of the parks. Motion to accept verbal report. Seconded. Any questions?

Lynn Kelsey: One question in terms of the liaison with the Parks Master Plan and Official Community Plan (OCP), because there was some mention of zoning. Are you waiting for an invitation from the OCP Task Force to come and speak to them, so that they know what your plan is before they go ahead and do something different?

Gary Denton: That would be a question to put to the Chair of the Steering Committee, for you to ask or if you should come to us, or we should come to you … there should be some communication. When I arrived there eighteen months ago, in April, there was a major section 7.1 Commercial Use Policy. I think we’ve succeeded in removing that in its entirety … and it’s now called Park Use Policy. I spent hours on the internet looking for another master plan that had a section on commercial uses in parks and I couldn’t find one. It’s an oxymoron so I think we’ve made a lot of progress. We should look to the future and not back … we’re heading in the right direction, and we should get there.

No further questions. Motion carried.

Duane Martin: Survey results. In May of this year, we sent out a survey to our members. We realized because of what happened with the waterslide, our mandate was changing, and we wanted to survey our members. 562 people responded to the survey. The first question was Should SSPS continue as a Society. 560 members answered. 96.8% (542 people) said yes. 3.2% (18 people) said no. The second question was, if yes, SSPS has a current mandate to protect Skaha Park. Please select your preferred mandate for SSPS to – (a) Continue to protect only Skaha Park for commercial development, or (b) Broaden our mandate to include promotion and protection of all Penticton Parks. 546 people answered. 19.6% (107 people) chose (a); 80.4% (439 people) responded (b). Motion to accept the results of the survey. Seconded. Carried.

Duane (paraphrase) – some people may not have received a copy of the proposal, some people received it twice, but there had been a problem with the system … if a person did not receive the proposal (penned by Gary and Gerry), please let Duane know.

Jake Kimberley: I will hand over to Carolae for Motions.

 

10)       Carolae Donoghue: Motions

1)  Waive Auditor– be it resolved that Under Part 4, article 15 (b) (vi) of the B.C. Society Act, SSPS agrees to waive the appointment of an Auditor. Motion made. Seconded. Carried.

2)  Accountant– be it resolved that SSPS appoints William J. Waddell Inc. as the Society’s accountant. Move motion. Seconded. Carried.

 

11)       Carolae Donoghue: Special Resolutions

–     the SSPS Directors propose the following amendment to Save Skaha Park Society’s By-laws:

–       The name of the Society is Protect Penticton Parks Society (PPPS).Made the Motion. Request to read the name of the Society again. New name is re-read.

Gary Denton: I think it is entirely appropriate at this stage, to rename our Society as Protect Penticton Parkland (Parks), because as I mentioned earlier, the single issue of Skaha Park is over. Our proposal deals with all Penticton parks. So I think it’s logical to change our name; there are disadvantages because a lot of people know who Save Skaha Park is and SSPS, but it does identify what our objective is, and that’s this protective, to broaden the scope, and be protective … with the park protection bylaw.

Where we go in the future, we don’t know because we don’t how this is going to go in 2018, we don’t know where it’s going to go after that. But, this society will probably morph as we progress. As we heard, there is a recommendation for City Council to establish a Parks & Recreation Advisory Committee and where we fit in with them, I don’t know. But, we just have to (inaudible) final approval by council next year, whether it be break into sub-committees, I don’t know. I support the motion to change the name.

Jake Kimberley:   You’ve heard the explanation as to why we want to change the name … (inaudible) heard from CAO the issue with Trio is done … the intent it to look after all parks, no council can take away the grass and trees that have been established in this community, I think the recommendation is there, we need to do that … and if we want to continue on as a society (inaudible) …

Unknown lady suggested it called Penticton Parks Protection Society. Jake felt the chosen name was appropriate.

Kevin Proteau asked the question if the ALR should be included with the parks. Jake commented that that would come under the provincial government.

Jake Kimberley: Motion has been made to change our name. Seconded. Carried.

 

Carolae Donoghue: The purposes of the Society are to –

1)    Advocate for the protection and preservation of parklands that provide a nature experience to residents and visitors;

2)    Advocate for our civic leaders to provide stewardship of our public parklands as per the Community Charter, and safeguard them as unencumbered assets, freely accessible to all, for public use and enjoyment;

3)    Monitor City of Penticton policy and planning proposals for their impact on the size, quality and accessibility of Penticton parkland;

4)    We reserve the right to oppose commercial development in any Penticton park that is, in our opinion, not consistent with or ancillary to the assigned primary purpose, up to and including seeking remedy in court.

I move the motion. Seconded.

 

Gerry Karr: This section will now become our constitution and will be submitted with the Registrar of Societies to update the status of our society.

 

Request to repeat 4). CD Re-reads 4).

Unknown man: (paraphrase) … the person wonders if 4) affects the notwithstanding clause … concerned that … commercialization being ancillary to the purposes … commercialization hasn’t been defined as yet … believes the window is still left open.

Jake Kimberley: (inaudible, paraphrase) … intrusion into the park with respect to commercialization … if CC wish to pursue a commercial aspect, whether it be a restaurant or whatever, which is an intrusion into the park, that could force the society to take action, that allows us to do that.

Gerry Karr: We don’t know what’s going to happen to the Parks Dedication Bylaw and to the protection it would provide and whether it will be worded the way we want it to be worded, and so all this does is state the society’s role is to do everything we can to protect our parks from commercial development, if we don’t think it fits with the purpose of the park, and obviously we’re going to be leading, as a society, away from commercial developments that are going to dominate the park. The Society will speak out, and if necessary, propose legal action, for intrusion into the park, that would constitute disposition for commercial purposes.

Unknown man suggests that the wording could be any and all commercialization.

Gary Denton: We reserve the right to oppose commercial development, but if there’s some commercial development in a park and it’s not defined … if it’s something we don’t object to, and the public says we don’t object to it … then we’re not going to object to it. It says reserve the right to oppose commercial development, that’s fine … it’s up to the society … it’s stated in our mandate and constitution and bylaws, that we’re prepared to defend our parks from commercialization.

Jake Kimberley: (repeats same words as previous regarding intrusion) … the position before council now, is to get this bylaw passed that we presented this evening and adhere to that (inaudible) …

(Back and forth with same person … nothing new to say)

Unknown lady: Very pleased with change in name and direction … my concern all is along has been the commercialization of Okanagan Lake, beach front to Sicamous … in terms of commercialization that took over for a while the sandy beach … very little room for families to enjoy them (inaudible) and the city has increased the size of the walkway encroaching on the beach (inaudible) … it’s not the size of the development particularly, but the amount of … (inaudible) …

Jake Kimberley: (paraphrase) …Encroachment onto sand … PW has pulled them off the beach because of that encroachment …

Lady: (inaudible) … speaks about vendors …

Jake Kimberley: Looking forward as a society (inaudible) … commercialization of beach front and sand because it is an intrusion (inaudible).

Unknown man: (inaudible) … fourth point could be redundant … (inaudible) if you listen closely to the first three.

Carolae – reread (3rd time).

Jake Kimberley: Call question. Motion carried.

Carolae Donoghue: Pursuant to Section 25(2) of the SSPS Bylaws, which states the number of directors must be five or greater, be it resolved that, Article 25(2) be amended to read: The number of Directors must be seven (7). Move the Motion. Seconded. Carried with one opposed.

Question from the floor: (paraphrase … why the number seven. Jake Kimberley stated that was the number they (SSPS) had agreed upon. The previous number of five or more was referred to … last year was six or more. Mr. Kimberley called the question on the report. Carried, with one opposed.

 

12)       Jake Kimberley: (paraphrase) … under New Business … received correspondence from H. Hyland, submitted with twenty-five signatures, mostly SSPS members. (JK reads the letter) … culminating in Ms. Hyland putting forward the motion to have open meetings, input from members, etc). Move receipt of the letter. Seconded. Each and every one of us have an email address. Each and every one of us has a phone number. Several members have met … listen to and … it is not a closed meeting … (inaudible) if you wish to attend, ask and you can attend because we do move around … over around town … I take exception to this. I make the motion to receive.

Unknown man: (inaudible, paraphrase), wants email and phone information sent to all members (inaudible)

Jake Kimberley: (paraphrase) I will take that under advisement. We cannot advertise email address without their consent so we have to get approval if we need to (inaudible) … can’t advertise people’s personal details and we have to get approval … we communicate as well as we can … (inaudible) …

Duane Martin: we have (inaudible) … if you would like communication, please get that to us … and we’ll make sure … you can submit questions to us on the website (inaudible) questions to us on the website … (inaudible) that is available.

Carolae Donoghue: On a number of occasions in the past two and a half years, Lisa and I have met with a couple of members of the society at their request, to discuss a couple of issues. Jake has met with a couple of people who phoned him at home and he met with them to talk about an issue … Duane and I, as co-author of the cheque book, they wanted to view the books, and on three occasions we arranged a meeting with them and on three occasions, they never turned up. So if there’s anybody else out there that wishes to meet to talk about a particular issue, we are absolutely available.

Jake Kimberley: I’m always in the Bellvue coffee shop every morning. Motion to receive and file. Seconded. Carried. TAPE THREE ENDS

 

13)       Election of Directors:

President: Nominee Jake Kimberley.

Called three times. Hereby declared Jake Kimberley President.

 

Vice-President: Nominee Gary Denton.

Called three times. Hereby declared Gary Denton Vice-President.

 

Secretary: Nominee Carolae Donoghue.

Called three times. Hereby declared Carolae Donoghue Secretary.

 

Treasurer: Nominee Duane Martin.

Called three times. Hereby declared Duane Martin Treasurer.

 

Director-at-Large: Nominee Lenora Robson.

Called three times. Hereby declared Lenora Robson Director-at-Large.

 

Director-at-Large: Nominee Lisa Martin.

Called three times. Hereby declared Lisa Martin Director-at-Large.

 

Director-at-Large: Nominee Gerry Karr.

Called three times. Hereby declared Gerry Karr Director-at-Large.

 

14)       Termination of meeting: Motion to adjourn at 9:12 p.m. Seconded. Carried.

Transcription:

Carolae Donoghue (17-11-05)

 

For and on behalf of Protect Penticton Parks Society (PPPS):

Gary Denton, Carolae Donoghue, Gerry Karr, Jake Kimberley, Duane Martin, Lisa Martin, Lenora Robson

 

End of SAVE SKAHA PARK SOCIETY (SSPS),  AGM MINUTES

October 24, 2017

 

_____________________________________

 

Save Skaha Park Society Annual General Meeting Reminder and Amended Agenda

 

The 2nd Annual AGM of SSPS will be an important meeting and we encourage all current and prospective members to attend.

 

The SSPS Advisory Committee will present details of a new proposal that has recently been submitted to the City. If acted upon by City Council, this proposal would give clear, explicit and legally binding protection of our dedicated parks from commercial development without first obtaining approval of the electorate. This proposal effectively closes the loop for the protection of parks that was promised but not delivered by the Park Dedication Bylaw 2002-42 and led to the Skaha Park debacle.

 

First presented to City Administration on October 11, the SSPS proposal received a positive initial response and we anticipate discussions with the City will continue toward creating a new Park Dedication Bylaw.

 

To that end, we are pleased to announce that City of Penticton CAO Peter Weeber will be a guest speaker at our AGM and will be available to answer questions.

This is a crucial moment for the future of our parks and we encourage everyone who cares about them to attend this important meeting:

Tuesday, October 24 at 7:00pm (registration begins at 6:00pm) at the Penticton Lakeside Resort

 

SSPS memberships for $2 will be available at the door.

 

                      *If you have not already done so, please RSVP by return e-mail.*

 

We look forward to seeing you there.

 

The SSPS AC

Gary Denton, Carolae Donoghue, Gerry Karr, Jake Kimberley, Duane Martin, Lisa Martin, Lenora Robson

 

(Updated agenda follows)

 

___________________________________________________________________________

SAVE SKAHA PARK SOCIETY, AGM, October 24, 2017

AMENDED AGENDA (17-10-20)

1)    Registration of Society Members

        a)    Society members in attendance (#    )

        b)    Voting will be by a show of hands

        c)    The Directors have set the quorum at fifteen (15)

        d)    Declare quorum has been met

2)    Call Meeting to Order with Jake Kimberley acting as Chair

3)    Motion to Approve the Notice of Meeting (Notice has been provided via: email, website(www.saveskahapark.ca) Facebook,

advertisements in local newspapers)

4)    Approve AGM 2016 Minutes  

5)    Approve Agenda 2017 as amended (copies sent via email + handouts at meeting)

6)    Biographies – Directors and Advisory Committee  

7)    Presentation of SSPS Submission to City of Penticton – Gary Denton / Gerry Karr

8)    Introduction of Peter Weeber, CAO, City of Penticton

9)    Reports

       a)    Directors

       b)    Treasurer

       c)    Legal Liaison Sub-Committee (verbal)

       d)    COP Parks & Recreation Master Plan (PRMP) (verbal)

       e)    Survey Results

10)    Motions

11)    Special Resolutions

   

12)    New Business

         – 12.1 Communication from H. Hyland

13)    Election of Directors for 2017-2018  

14)    Termination of Meeting

Meeting conducted under Roberts Rules of Order

 

**********************************************************************************************************************************

 

ANNUAL GENERAL MEETING

SAVE SKAHA PARK SOCIETY (SSPS)

 TUESDAY, OCTOBER 24, 2017

Registration Starts @ 6:00 pm

AGM @ 7:00 pm

 PENTICTON LAKESIDE RESORT

21, Lakeshore Drive West


NOTICE

ALTHOUGH IT IS NOT MANDATORY,

WE WOULD APPRECIATE AN RSVP BY RETURN EMAIL

SO THAT WE HAVE AN APPROXIMATE HEAD COUNT

 

Dear Member(s):

The Directors of SSPS have determined that the 2017 Annual General Meeting of the Society will be held on the date, time and place, as set out above.

In the attached email package you will find the following papers –

Page

1          Cover Sheet

2          Notice Letter

3          Meeting Agenda

4-6       Biographies – Directors,

6-9       Reports –

a)         Directors

b)         Treasurer

c)         Legal Liaison

d)         City of Penticton, Parks & Recreation Master Plan Steering Committee

e)         Survey Results

10        Motions

10        Special Resolutions

11        New Business

11        Election of Directors 2017-2018

12-15   Financial Statements (end of package)

            Minutes of AGM 2016 (not included due to multi-pages; if you would like a copy, please let us know)

           

Under the B.C. Society Act, Proxy votes are not acceptable. Please join us on Tuesday, October 24, 2017 (Registration @ 6:00 pm; AGM @ 7:00 pm) Penticton Lakeside Resort. Proof of being a Society member is essential. In order to vote attendees must be on our membership list.

 

Yours truly,

Carolae Donoghue

Secretary, Save Skaha Park Society

P.S. IT IS IMPORTANT YOU BRING YOUR AGM DOCUMENTS!

 

AGENDA

1)     Registration of Society Members

         a)     Society members in attendance (#   )

         b)     Voting will be by a show of hands

         c)      The Directors have set the quorum at fifteen (15)

         d)     Declare quorum has been met

2)   Call Meeting to Order with Jake Kimberley acting as Chair

3)   Motion to Approve the Notice of Meeting (Notice has been provided via: email, website (www.saveskahapark.ca) Facebook, advertisements in local newspapers)

4)  Biographies – Directors and Advisory Committee

5)  Reports

      a)     Directors

      b)     Treasurer

      c)      Legal Liaison Sub-Committee (will be sent under separate email)

      d)     COP, Parks & Recreation Master Plan (verbal)

      e)      Survey Results

6)  Motions

7)  Special Resolutions

8)  New Business – PRMP Update (verbal)

9)  Election of Directors for 2017-2018

10) Termination of Meeting

 

DIRECTORS’ BIOGRAPHIES

 

Carolae Donoghue – is an advocate for democracy and open government, and as past president of CUPE Local 608, fought to protect the rights of those she represented. Carolae has been involved in the fight to save Skaha Park from commercialization for over two years, and believes public parkland belongs to the people–its designation should only be changed via the voice of the electorate.

 

Carolae is Director of Secretarial Services for the Save Skaha Park Society and one of its founding members. Four months ago, she became a member of the Vision & Values sub-committee for the City’s Parks & Recreation Master Plan, which will play a significant role in the future planning and protection of parks and recreation in Penticton. Whilst SSPS has achieved its mandate by preventing commercialization in Skaha Park, the society will continue with a fresh mandate and by-laws. Carolae will let her name stand for the new society, because she wishes to be part of the team that will monitor the stewardship of our parklands, that will prevent commercialization of public land, and, that will hold civic leaders accountable.

 

Jake Kimberley – was fortunate enough to have lived in Penticton since immigrating to Penticton in 1966.  Jake came to Penticton with his new bride, Kate, from England.  His trade was a carpenter. He first took an interest in city politics in 1987, and thereafter, was successful on being elected to council on four occasions, three times as mayor. Jake continues to have a great interest in the development and future of the city, which is why he fully supported the campaign to save Skaha Park. He will let his name stand for the new Society because he believes public parks should be protected for the benefit of all.

 

Duane Martin – is Treasurer and Information Technology support for the Save Skaha Park Society. Duane’s responsibilities include developing SSPS legal fund contribution and membership fees deposit procedures, depositing contributions and membership fees into the SSPS legal fund, ensuring all expenditures are approved by the Advisory Committee (AC) in advance, overseeing payment of invoices, maintaining all required SSPS financial documentation and records, reporting financial status to the Advisory Committee at the regular AC meetings and working with SSPS’s accountant on the financial statement for the Annual General Meeting.  As well, Duane updates and maintains the SSPS website, Facebook page, membership master list and e-mail list and the mass mailing to members of the Society.

After obtaining his Masters’ Degree in Computer Science, Duane worked in IT for over 40 years in several provinces, with various organizations as a Director of IT, Manager of Technology Support departments or Project Manager.  Duane and his wife moved to Penticton in 2011 and he retired in 2012.  Duane is emphatic that Skaha Park is an irreplaceable gem that belongs to the people of Penticton, not the Mayor and Council, and all Penticton parks must never be used for commercial development.

 

Lisa Martin – since inception has held the position of Director, Media and Communication for the Save Skaha Park Society. Her responsibilities are to act as media spokesperson for SSPS, prepare press releases, write regular communication updates to SSPS members and prepare advertising for local newspapers, as required.

Lisa’s background is in Education, and her first career was in teaching in Winnipeg.  Her second career, after moving to Calgary, was in the airline industry from which she retired in 2007 after being fortunate enough to have worked in Customer Relations Management for two major Canadian airlines. In 2011, Lisa and her husband moved to Penticton after they had vacationed here and fell in love with the place!  Lisa is pleased that the Save Skaha Park Society has been instrumental in preventing construction of a commercial waterslide in Skaha Park, and she has vowed to continue the fight to keep all our parks free from such commercial development.

 

Lenora Robson – has lived in Penticton for 30 years, and retired in 2010 from the position of Special Education Assistant for the Penticton School District, a position she held for over 22 years. She has strong organizational skills, works well with others and is a respectful and supportive team player. Skaha Lake Park, as well as all parks in Penticton, are near and dear to her heart, which is why she is letting her name stand for the new Society.

 

ADVISORY COMMITTEE BIOGRAPHIES

 

Gary Denton – was born and raised in Penticton. Returned to work as General Manager of Apex Mountain Resort in 1974. Elected to Penticton City Council in 1996 and served two terms as City Councillor and Director of the Regional District (RDOS). He was a small business owner and real estate agent for his business career, and has a deep-founded appreciation for the outdoors – mountains and urban open spaces alike. Gary attended the City Council meeting on June 29, 2015 when the now notorious Skaha waterpark agreement was “debated” by the public. He was a founding director of Save Skaha Park Society and served on the SSPS’s Advisory Committee since it was registered in September 2015. Along with Dr. Gerry Karr, Gary has served as liaison between the Society and its legal counsel, Jeff Frame of Forward Law in Kamloops, ever since Jeff was retained by the Society more than two years ago. Gary agreed to resign as Director of SSPS in May 2016 as a condition of his appointment to the City of Penticton Parks and Recreation Master Plan Steering Committee.

The current PRMP used by the City was completed in 1993 – 25 years ago. The new PRMP was to be completed in June 2017 however the timeframe to complete this document has been extended to December 2017 and perhaps later. When completed, this Master Plan will be forwarded by the Steering Committee to City Council for their consideration and, hopefully, adoption. If and when adopted by City Council, the Parks and Recreation Master Plan will serve as a guide for the planning, policies, expansion, development and operation of our parks and recreation facilities in our City for the next decade or two. Although it is an important tool, a valuable resource available to City Council when making decisions regarding our parks and recreation, it is important to remember that the PRMP is a “non-binding” document. The ultimate decisions affecting our parks and recreation facilities are made by City Council.

 

Gerry Karr – is a retired physician with a special interest in the importance of natural parks to the health of our communities. He was co-founder of the Okanagan Similkameen Healthy Living Fair and was the founding President and a continuing Board member of the Okanagan Similkameen Healthy Living Coalition. Gerry has a record of community building through collaboration and has enjoyed working with, not against, our elected officials. However, when our City executed a covert plan to degrade one of the finest parks in the province and one of our City’s strongest natural assets, a plan that cannot be reversed once implemented, he felt there was no choice but to stand up and fight, including legal action, to prevent this travesty.

Gerry is a member of SSPS’s Legal Liaison team, and has taken an active role in the PRMP Vision and Values sub-committee.

 

REPORTS

 

Directors and Advisory Committee Report

Gary Denton, Carolae Donoghue, Gerry Karr, Jake Kimberley, Duane Martin, Lisa Martin, Lenora Robson

For the past year the Save Skaha Park Society Directors and Advisory Committee continued to work to oppose commercial development in Skaha Park and have expanded their efforts to include all Penticton parks. Following are some of the highlights:

  • In early November 2016, SSPS was pleased to learn that the City intended not to proceed with the proposed waterslide development in Skaha Park.
  • Later it became clear that even though the waterslide would not be built, under the revised Marina agreement ultimately more green space would be lost than had originally been advised.
  • November 23, 2016, the SSPS Advisory Committee presented our position statement opposing the revised Skaha Lake Marina agreement at the public feedback session held at the Penticton Trade & Convention Centre for which we received a standing ovation.
  • Subsequently, further discussions took place between the City and Trio which resulted in a second revised agreement whereby Trio would have rights to expand the Marina and build a water play structure which guaranteed there would be no net loss of greenspace in Skaha Park.
  • Gary Denton was invited to become a member of the Parks and Recreation Master Plan (PRMP) Steering Committee. This was a significant win for SSPS because it meant that the views of our members would be represented in the development of Penticton’s plan for its parks for at least the next decade.
  • SSPS Advisory Committee members attended many of the PRMP meetings over the winter and spring months as the new parks’ policy was developed.
  • The Advisory Committee of the SSPS needed an expanded mandate to possibly protect all Penticton parks and with that in mind, sent out a survey to all members requesting feedback as to whether the Society should stay in place and if so, under what mandate
  • Gary Denton was able to introduce and have the PRMP Steering Committee unanimously pass a recommendation to amend bylaw 2002-42 to remove a contentious clause that allows the City of Penticton to lease or license all or part of public park land.
  • Gerry Karr raised a concern that the Vision and Values Statement of the draft PRMP lacked vision and substance to which the Steering Committee agreed. As a result, both he and Carolae Donoghue, along with two Steering Committee members, were invited to form a sub-committee to review that integral part of the PRMP.
  • This resulted in a new and vastly improved Vision and Values component to the plan, drafted by the sub-committee, and agreed to by the PRMP Steering Committee.
  • The SSPS Advisory Committee has been working closely with our lawyer to develop a plan that, if accepted by the City of Penticton, would ensure that going forward all parks would be protected from commercial development unless approved by the electorate.  This will be further explained at the AGM.

Treasurer’s Report

The Save Skaha Park Society (SSPS) fiscal year runs from September 1 – August 31.  Because of the success we had raising money for our legal fund during the 2015-2016 fiscal year, and the cancellation of the waterslide agreement, we did not actively pursue fund raising during the 2016-2017 fiscal year.  Despite that  $2,199 was added to the legal fund, primarily from membership fees and contributions.

With respect to expenses, all SSPS expenditures have to be approved in advance by the SSPS Directors.  Expenditures for the 2016-2017 fiscal year were $20,541  Our largest expenses were for legal fees which were $16,764, the 2015/2016 annual general meeting $1,655, office expenses (primarily cost of the web site domains and the mass e-mail system) for $1,191 and advertising $711.

No form of compensation was made to the Directors, nor to any member of the Advisory Committee for their involvement and work for the society.  The only reimbursement to the Directors, Advisory Committee members, were for expenses that were pre-approved by the Directors and were required to meet the mandate of the society.  All costs for the volunteer appreciation events were paid personally by the members of the Advisory Committee.

Duane Martin

Treasurer

 

 

Legal Liaison Report – to be sent in a separate email

City of Penticton, Parks & Recreation Master Plan (Verbal Report)

 

Survey Results

In early May SSPS sent out a survey to all its members.  562 people responded to the survey.  Following are the results of the survey.

Question 1

Should SSPS continue as a Society?

  • Answered: 560     Skipped: 2
    • Yes:  542    96.8%
    • No:      18      3.2%

 

Question 2

If Yes  …SSPS has a current mandate to protect Skaha Park.  Please select your preferred mandate for SSPPS to  —

(a)  Continue to protect only Skaha Park for commercial development

(b)  Broaden our mandate to include promotion and protection of all Penticton Parks,

    • Answered: 546     Skipped: 16
    • Yes:  107    19.6%
    • No:    439    80.4%


MOTIONS

SPECIAL RESOLUTIONS

 

1)    Waive Auditor – be it resolved that Under Part 4, article 15 (b) (vi) of the B.C. Society Act, SSPS agrees to waive the appointment of an Auditor.

2)    Accountant – be it resolved that SSPS appoints William J. Waddell Inc. as the Society’s accountant.

3)    By-Law Amendments – the SSPS Directors propose the following amendments to Save Skaha Park Society’s By-laws:

a)   Ratify results of the Survey

      Motions following ratification

i)       Continue as a Society;

ii)      Widen the mandate of the Society to oppose commercialization in all parks located in the City of Penticton, present and future.

b)    The name of the Society is Protect Penticton Parks Society (PPPS)

c)    The purposes of the Society are to –

i)          Advocate for the promotion, protection and preservation of parklands that provide a nature experience to residents and visitors;

ii)         Advocate for our civic leaders to provide stewardship of our public parklands as per the Community Charter, and safeguard them as unencumbered assets, freely accessible to all, for public use and enjoyment;

iii)        Monitor City of Penticton policy and planning proposals for their impact on the size, quality and accessibility of Penticton parkland;

iv)        Oppose commercial development in any Penticton park that is, in our opinion, not consistent with or ancillary to the assigned primary purpose, up to and including seeking remedy in court.

4)  Directors

Pursuant to Section 25(2) of the SSPS Bylaws, which states the number of directors must be five or greater, be it resolved that:

Article 25(2) be amended to read: The number of Directors must be seven (7)

 

NEW BUSINESS

            PRMP Update – verbal

ELECTION OF DIRECTORS

The current Board of Directors, who have worked diligently for the past two and a half years for the Save Skaha Park Society, have nominated the following individuals to stand as Directors, and the named individuals have agreed to let their names stand – Gary Denton, Carolae Donoghue, Gerry Karr, Jake Kimberley, Duane Martin, Lisa Martin, Lenora Robson

 

 

 

 

**********************************************************************************************************************************

 

Thanks to all the peolpe who came out to the 2016 SSPS Annual General Meeting. It was wonderful to see so many of you there and to have the wonderful support you have shown us. Click below to see the video of the SSPS Annual General Meeting.

https://www.youtube.com/watch?v=Ds91XguUQPA

_________________________________________________________________________________________________

ANNUAL GENERAL MEETING

SAVE SKAHA PARK SOCIETY (SSPS)

WEDNESDAY, NOVEMBER 02, 2016

Registration @ 6:00 pm

AGM @ 7:00 pm

The Ballroom

PENTICTON LAKESIDE RESORT

21, Lakeshore Drive West

 

 

 NOTICE

 ALTHOUGH IT IS NOT MANDATORY,

WE WOULD APPRECIATE AN RSVP BY RETURN EMAIL

SO THAT WE HAVE AN APPROXIMATE HEAD COUNT

 

 

Dear Member(s):

The Directors of SSPS have determined that the Annual General Meeting of the Society will be held on the date, time and place, as set out above.

In the attached email package you will find the following papers –

Page

1          Cover Sheet

2          Notice Letter

3          Meeting Agenda

4-6        Biographies – Directors, Advisory Committee

7-11       Reports – Directors & Advisory Committee. Treasurer, Legal Liaison Sub-Committee

12         Special Resolutions

12         New Business

12        Election of Directors for 2016-2017

Under the B.C. Society Act, Proxy votes are not acceptable. Please join us on Wednesday, November 02, 2016, at 6:00 p.m. in the Ballroom, Penticton Lakeside Resort.

In order to vote, attendees must be on our membership list.

Yours truly,

 

Carolae Donoghue

Secretary

Save Skaha Park Society

 

P.S. IT IS IMPORTANT YOU BRING YOUR AGM DOCUMENTS!

 _______________________________________________________________________

 

AGENDA

1)    Registration of Society Members

  •     Society members in attendance (# )
  •     Voting will be by voting cards
  •     The Directors have set the quorum at fifteen (15)
  •     Declare quorum has been met

2)    Call Meeting to Order with Jake Kimberley acting as Chair

3)    Motion to Approve the Notice of Meeting (Notice has been provided via: email, website (www.saveskahapark.ca) Facebook, advertisements in local newspapers)

4)    Biographies – Directors, Advisory Committee

5)    Reports

  •     Directors & Advisory Committee
  •     Treasurer
  •     Legal Liaison Sub-Committee

6)    Special Resolutions

7)    New Business

8)    Election of Directors for 2016-2017

9)    Termination of Meeting

  ________________________________________________________________

DIRECTORS’ BIOGRAPHIES

 

Carolae Donoghue – is an advocate for democracy and open government. As past president of CUPE Local 608, she fought to protect the rights of its members and improve their working environment. She has been involved in helping save Skaha Park for the past fifteen months because she believes public park land belongs to the people, and its designation should only be changed via the decision of the electorate. When Penticton City Council ignored the voice of the electorate, and continued with their plan to annihilate a portion of one of its most prized assets—Skaha Park—she became one of the founding members of the Advisory Committee for Save Skaha Park Society. As Director of Secretarial Services for SSPS, she is responsible for maintaining all pertinent files, including legal, preparing schedules, such as research at the Library/Museum and volunteers. She fills in for other Directors when needed, and includes depositing contributions and membership fees, data entry, and liaising with outside entities. Carolae is letting her name stand for a second term to continue the fight.

Jake Kimberley – was fortunate enough to have lived in Penticton since immigrating to Penticton in 1966.  Jake came to Penticton with his new bride, Kate, from England.  His trade was a carpenter. He first took an interest in city politics in 1987, and thereafter, was successful on being elected to council on four occasions, three times as mayor. Jake continues to have a great interest in the development and future of the city—which is why he fully supports the campaign to save Skaha Park.

Duane Martin – is Treasurer and Information Technology support for Save the Skaha Park Society. Duane’s responsibilities include developing SSPS legal fund contribution and membership fees deposit procedures, depositing contributions and membership fees into the SSPS legal fund, ensuring all expenditures are approved by the Advisory Committee (AC) in advance, overseeing payment of invoices, maintaining all required SSPS financial documentation and records, reporting financial status to the Advisory Committee at the regular AC meetings and working with SSPS’s accountant on the financial statement for the Annual General Meeting.  As well, Duane updates and maintains the SSPS website, membership master list and e-mail list, and the mass mailing to members of the Society and assists with maintenance of the SSPS Facebook site.

After obtaining his Masters’ Degree in Computer Science, Duane worked in IT for over 40 years in several provinces, with various organizations as a Director of IT, Manager of Technology Support departments or Project Manager.  Duane and his wife moved to Penticton in 2011 and he retired in 2012.  Duane is emphatic that Skaha Park is an irreplaceable gem that belongs to the people of Penticton, not the Mayor and Council, and must be saved.

Lisa Martin – since inception has held the position of Director, Media and Communication for the Save Skaha Park Society. Her responsibilities are to act as media spokesperson for SSPS, prepare press releases, write regular communication updates to SSPS members and prepare advertising for local newspapers, as required.

Lisa’s background is in Education, and her first career was in teaching in Winnipeg.  Her second career, after moving to Calgary, was in the airline industry from which she retired in 2007 after being fortunate enough to have worked in Customer Relations Management for two major Canadian airlines. In 2011, Lisa and her husband moved to Penticton after they had vacationed here and fell in love with the place!  Lisa believes Skaha Park is a gem and will do all she can to protect it from commercial development.

Benoit Robert – has always been enthralled by the immense beauty of the Okanagan, and B.C. in general, and moved to the area in the late 90s from Ontario. Benoit is currently working in the Electronics industry, and has had the great pleasure of providing his technical expertise to SSPS for over twelve months. He has been very much a part of the action in opposing unbridled and short-sighted urban development. With a young family, outdoor fun is not lost on him; but he is firmly against a project with such little public involvement and consultation.

Lenora Robson – has lived in Penticton for 29 years, and retired in 2010 from the position of Special Education Assistant for the Penticton School District, a position she held for over 22 years. She has strong organizational skills, works well with others and is a respectful and supportive team player. Skaha Lake Park is near and dear to her heart. As Director of Volunteer Coordination for Save Skaha Park Society and member of the Advisory Committee, she has worked diligently for the past 15 months to try to prevent commercialization of Skaha Park. Her responsibilities have included the following: maintaining a volunteer contact list, liaising with volunteers for various events, ensuring the events are properly staffed, soliciting feedback from volunteers, and volunteer recognition, as well as being responsible for collecting and counting memberships, money and donations. Lenora has enjoyed working as the Volunteer Coordinator for SSPS and will gladly serve for another term.

  ______________________________________________________________________

 

 ADVISORY COMMITTEE BIOGRAPHIES

 

Gary Denton – was born and raised in Penticton. Returned to work as General Manager of Apex Mountain Resort in 1974. Elected to Penticton City Council in 1996 and served two terms as City Councillor and Director of the Regional District (RDOS). He was a small business owner and real estate agent for his business career, and has a deep-founded appreciation for the outdoors – mountains and urban open spaces alike. Gary attended the first City Council meeting on June 29, 2015 when the now notorious Skaha waterpark agreement was “debated” by the public. He was a founding director of the Save Skaha Park Society and served on the SSPS’s Advisory Committee since it was registered in September 2015. Gary has served as liaison between the Society and its legal counsel, Jeff Frame of Forward Law in Kamloops, since Jeff was retained by the Society in September 2015. Gary agreed to resign as Director of SSPS in May 2016 as a condition of his appointment to the City of Penticton Parks and Recreation Master Plan Steering Committee. The PRMP Committee is underway and is expected to be concluded in early 2017.

Gerry Karr – is a retired physician with a special interest in the importance of natural parks to the health of our communities. He was co-founder of the Okanagan Similkameen Healthy Living Fair and was the founding President and a continuing Board member of the Okanagan Similkameen Healthy Living Coalition. Gerry has a record of community building through collaboration and has enjoyed working with, not against, our elected officials. However, when our City executed a covert plan to degrade one of the finest parks in the province and one of our City’s strongest natural assets, a plan that cannot be reversed once implemented, he felt there was no choice but to stand up and fight, including legal action, to prevent this travesty.

  ________________________________________________________________

 

REPORTS

 

Directors and Advisory Committee Report

Before giving this report, we wish to state that whilst Gary Denton continues to be a member of the Advisory Committee, when invited by the City of Penticton to become a member of the Parks & Recreation Master Plan Steering Committee, he agreed to resign as a Director of the Society as a prerequisite to being accepted to that Committee.

It has been a busy year for the Save Skaha Park Society Directors and Advisory Committee since the Society’s inception September 16, 2015.

What has kept us busy?

  • Weekly meetings to review the Society’s finances, check membership levels and plan various events throughout the city;
  • September 06 “Celebrate Skaha Park” – an afternoon of rock, pop and blues performed by local and international artists took place bringing out over 400 local residents;
  • September 27 “Mark the Park” – 1,000 people come out to stand shoulder-to-shoulder to mark the perimeter of the primary lease area where the waterslide is scheduled to be built and to wave at the hovering helicopter photographing the event;
  • Volunteer Appreciation event in October to thank all our volunteers who worked so tirelessly for the Society. All costs for renting the strata clubhouse and the refreshments were personally covered by the Directors and Advisory Committee;
  • “Make it Okanagan” in November where we sold many memberships and had the opportunity to talk to both local residents and visitors to Penticton;
  • December – a three-day membership drive at the Penticton Lakeside Resort during which we gained several hundred new members. We thank David Prystay for his support and generosity in allowing us to have a table in his hotel’s beautifully decorated lobby;
  • The Directors, Advisory Committee and volunteers worked tirelessly to design, print, and thereafter sell hundreds of SSPS calendars which resulted in $8,800 raised for the Society.

 

The Directors and Advisory Committee took a well-deserved break over Christmas and New Year.

  • January 2016 – the Directors and Advisory Committee explored the possibility of a negotiated solution to the waterslide problem that would end the dispute and avoid going to court; this would ultimately save Penticton taxpayers from having to contribute another $70,000 to $80,000 in legal fees, in addition to their tax dollars. After several meetings, and with the full support of our lawyer, we deemed there was sufficient justification to put our legal action on hold pending the outcome of on-going negotiations between the COP and Trio Marine Group. It may have appeared to be a calm period but like a duck, we were paddling like the dickens under the surface;
  • In March we had a booth at the Okanagan Similkameen Healthy Living Fair;
  • April 03 – a Volunteer Update and Information Session at the Shatford Centre. Over 70 volunteers were served coffee and refreshments that were once again personally paid for by the Directors and Advisory Committee;
  • “Celebrate Earth Day” in April at the Rotary pavilion in Skaha Park. It was a great kick off for our spring membership drive;
  • Throughout spring and early summer the Directors and Advisory Committee kept abreast of on-going talks between the COP and Trio and were encouraged the talks were progressing;
  • By mid-July it became apparent that discussions were not proving to be fruitful; therefore, in August the Directors and Advisory Committee held a press conference at the Penticton Lakeside Resort to announce that SSPS was re-activating the legal claim and that we had instructed our lawyer to request a response from the City;
  • We continue to send out regular updates to all SSPS members who have provided an e-mail address.

In summary, the past year has seen an amazing effort from many dedicated people. The Directors and Advisory Committee, along with many volunteers, have devoted countless hours in pursuing the Society’s objective: to preserve Skaha Park for unrestricted public use in its entirety other than lands currently leased as a marina, and, to prevent or overturn the long term leasing of a portion of Skaha Park for a commercial water slide by any legal means available.

We thank you for your support.

Directors – Carolae Donoghue, Jake Kimberley, Duane Martin, Lisa Martin, Renoit Robert, Lenora Robson.

Advisory Committee – Gary Denton, Gerry Karr

__________________________________________

 

Treasurer’s Report

We have been very successful in both the financing of our legal fund and our membership campaign.  As of the end of our fiscal year, August 31, 2016, we had raised $62,833 in our legal fund. The bulk of that came from contributions to the legal fund of $42,587, but substantial funds were also raised through membership fees $9,400, calendar sales $8,800 – gross sales, and the sale of T-shirts $2,035 – net income. We currently have over 5,147 members and have exceeded 5,126 members which means we have more members than Mayor Jakubeit received votes in the 2014 election!

With respect to expenses, all Save Skaha Park Society (SSPS) expenditures have to be approved in advance by the SSPS Directors.  Our largest expenses were for legal fees $17,511, advertising $5,685, calendar purchase $4,533, contracted services $1,996 and office and membership data entry costs $1,742.

No form of compensation was made to the Directors, nor to any member of the Advisory Committee for their involvement and work for the society.  The only reimbursement to the Directors, or Advisory Committee members, were for expenses that were pre-approved by the Directors and were required to meet the mandate of the society.  All costs for the volunteer appreciation events were paid personally by the members of the Advisory Committee.

Duane Martin

Treasurer

 __________________________________________

 

Legal Liaison Sub-Committee Report

Members of this sub-committee have been, in alphabetical order, Gary Denton, Dr. Gerry Karr and Jake Kimberley (Director).

In July 2015, it was clear that a significant portion of the residents of Penticton were opposed to City Council’s intention to lease a portion of Skaha Park to private interests. By August, it was equally clear that City Council was not about to back away from their plans to have water slides constructed in Skaha Park. The “Waterpark Development Agreement” was approved by City Council on June 29, 2015, and then subsequently signed by Mayor Jakubeit on August 04, 2015 – the same day the second of two protest rallies was held on the steps of City Hall.

Choosing the right lawyer to represent one’s interests is never a simple matter. The choice of the lawyer could make the difference between success and failure. SSPS would have only one chance to defeat this proposal in court. The search for suitable legal counsel was confined to lawyers who specialize in municipal law and civil litigation. There are only a few legal experts in this specialty in B.C. and many of these experts act for municipal or regional governments and are not willing to litigate against them

Notwithstanding these constraints, SSPS was successful in retaining Jeff Frame of Forward Law in Kamloops on August 28, 2015. Mr. Frame is highly recommended, having a long and successful record as a negotiator and litigator in areas of municipal law. Mr. Frame, along with Reinhardt Burke, was legal counsel in the successful action against the Naramata Irrigation District and Regional District of Okanagan Similkameen in 1996. Many local residents will recall this case which resulted in the award of some $7 million in costs and damages to Blackwell Stores.

In an attempt to persuade City Council to reconsider the water slide lease to Trio Marine Group, Mr. Frame filed a Notice of Civil Claim against the City of Penticton on behalf of SSPS on September 25, 2015.

Over the course of the past thirteen months, the Advisory Committee has been in constant communication and consultation with its legal counsel. Soon after his appointment, Mr. Frame advised the Directors that the history of Skaha Park, how these park lands were acquired and utilized over the past 100 years, would be fundamental to our legal case. Hence, last fall and spring, hundreds of hours were invested in researching the historical documentation that would be required to support our Civil Claim against the City. This research could not have been possible without those who volunteered to assist at the Library/Museum. At $400 per hour, the cost to have our lawyer conduct, or even coordinate, this research would have been prohibitive. Carolae Donoghue, Gerry Karr and Duane Martin were the lead organizers to complete the research. We owe them, and our volunteers, our sincere appreciation.

Prior to submitting the large volume of research documents to Mr. Frame, they were organized both by chronology and by category. Categories include land acquisition; historical use and character of the park; numerous proposals for, and opposition to, commercial development of various portions of City parks over the decades; and City of Penticton bylaws governing park use, including Bylaw No. 2001-26 Tree Protection Bylaw.

A special thank you to Isabel Chen, who, as a core member of the Protect Our Parks (POP) ad-hoc committee, pulled together a comprehensive history of the fight to save Okanagan Lake Park from commercialization during the period 1999-2002. The POP initiative eventually resulted in “Park Dedication Bylaw 2002-42”, which was approved by 93% of the electors at the time of the 2002 Municipal Elections. That bylaw was intended to protect our parks from future, large-scale commercial development, and was registered on title of thirteen of our City’s largest parks, including Skaha Park, following the 2002 elections. Ms. Chen’s POP historical report was included in the large file of research material supplied to our legal counsel.

Many residents and SSPS members have expressed their concern over the length of time this divisive issue has been allowed to continue in our community. As stated in recent communications, SSPS shares this concern. The Society has attempted to maintain pressure on our City Council to abandon the waterpark agreement, while at the same time, remaining cognizant of the significant price to be paid if this dispute has to be taken all the way to the Supreme Court.

 

To this end, our actions have been governed by the following principles –

1)     Remain focused at all times on our single objective: defeat the waterpark agreement.

2)     Avoid being distracted by anything else.

3)     Be responsible to our members for their support and financial contributions.

4)     Be patient and allow City Council to find a suitable resolution to this divisive issue. Time is on our side – our lawsuit will always be open and will be our avenue of last resort.

5)     Heed the advice of our legal counsel.

 

It’s not over!

Gary Denton

Legal Liaison Sub-Committee

  ______________________________________________________________________

 

SPECIAL RESOLUTIONS

 

1)    Waive Auditor – be it resolved that Under Part 4, article 15 (b) (vi) of the B.C. Society Act, SSPS agrees to waive the appointment of an Auditor.

2)    Accountant – be it resolved that SSPS appoints William J. Waddell Inc. as the Society’s accountant.

3)    Bylaw Amendments – the SSPS Directors propose the following amendments to Save Skaha Park Society’s Bylaws:

1)        Recognizing the provisions of the new B.C. Societies Act, which comes into force on November 28, 2016, be it resolved that:

Add Article 13(3): Notice of a General meeting may be provided as described in Section 77(2) of the new Societies Act.

For your information, Article 77(2) of the Societies Act reads:

77(2) Notice of a general meeting of a society that has more than 250 members is, if permitted by the bylaws, deemed to have been sent under subsection (1) if

(a)  notice of the date, time and location of the meeting has been sent to every member of the society who has provided an email address to the society, by email to that email address, and,

(b)  notice of the date, time and location of the meeting

(i) is published, at least once in each of the 3 weeks immediately before the meeting, in one or more newspapers identified in the bylaws, or

(ii) is posted, throughout the period commencing at least 21 days before the meeting and ending when the meeting is held, on a website that is maintained by or on behalf of the society and is accessible to all of the members of the society.

 

2)    Directors

Pursuant to Section 25(2) of the SSPS Bylaws, which states the number of directors must be five or greater, be it resolved that:

Article 25(2) be amended to read: The number of Directors must be six (6).

 

NEW BUSINESS

  ____________________________________________________ 

 

ELECTION OF DIRECTORS

The current Board of Directors, who have worked diligently for the past fifteen months for the Save Skaha Park Society, have nominated the following individuals to stand as Directors, and the named individuals have agreed to let their names stand –

President – Jake Kimberley                             Vice-President – Lisa Martin

Secretary – Carolae Donoghue                       Treasurer – Duane Martin

Director-at-Large – Benoit Robert               Director-at-Large – Lenora Robson

 

 

SSPS/AGM2016Package

1)   Registration of Society Members

      a)  Society members in attendance (#   )

      b)  Voting will be by a show of hands

      c)  The Directors have set the quorum at fifteen (15)

      d)  Declare quorum has been met

2)   Call Meeting to Order with Jake Kimberley acting as Chair

3)   Motion to Approve the Notice of Meeting (Notice has been provided via: email, website(www.saveskahapark.ca) Facebook, advertisements in local newspapers)  

4)   Biographies – Directors and Advisory Committee

5)   Reports

    a)  Directors

    b)  Treasurer

    c)   Legal Liaison Sub-Committee (will be sent under separate email)

    d)   COP, Parks & Recreation Master Plan (verbal)

    e)   Survey Results

6)   Motions

7)   Special Resolutions

8)   New Business – PRMP Update (verbal)

9)   Election of Directors for 2017-2018

10) Termination of Meeting