Annual General Meetings

 

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/

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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

 

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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

 

 

 

 

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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

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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

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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

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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

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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

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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