Crescent Beach Property Owners
Association
January 18, 2023
General Meeting Minutes
Held in the Dining Hall, Camp
Alexandra
Directors present: Beryl Kirk, Bob Poulton, Jim Gordon, Liz
Bensted
31 Members present
1. Call to Order
2. Moved by Ron Sorensen, seconded by
Michael Eyre, that we adopt the agenda. Carried.
3. Moved by Ron Sorensen, seconded by
Sally Stewart, that we adopt the May 4, 2022 General Meeting Draft Minutes, as corrected.
Carried
4. Moved by Liz Bensted, seconded by
Mary Nordby, that we adopt the September 14, 2022 General Meeting Draft Minutes,
as corrected. Carried
5. Matters arising from the minutes:
none
6. Correspondence
a. Information from NavCan was shared
regarding the proposed changes to flight plans over Boundary Bay. Some points
identified at our meeting:
According to NavCan, the
proposed changes are to enable planes to fly more ‘power-off’ approaches.
This is meant to save 1 to 2% in fuel and be quieter. It is estimated to save thousands of gallons
of fuel over a year and reduce pollution.
The
relocation of flight plans may cause a significant number of flights to pass
over the South Surrey peninsula, including Crescent Beach.
Noise
from flights passing overhead may bounce off the Ocean Park Bluff.
Flights will be passing over or
close to the bird flyway and nature areas/lands dedicated as bird resting and
nesting areas.
Please visit the following site to become informed and fill out
the questionnaire. https://www.navcanada.ca/en/air-traffic/airspace-reviews/vancouver-airspace-modernization.aspx
Also, click on the link; Changes
in communities to the east, south-east, and south of the airport.
b. The City of Surrey Planner has been
in touch with the CBPOA regarding the
Crescent Beach Rezoning Proposal. A mail-out with a web survey on Comprehensive
Development Zones is planned to all properties in the future.
c. Whistle Cessation: From Graeme Cross,
Transportation Systems Manager for the City of Surrey:
“Your email to the City regarding train
whistle cessation in Crescent Beach has reached me. I have been involved in
negotiating with BNSF since 2017 and am familiar with the recent history and
status.
Transport Canada has detailed
a procedure towards
removing train whistles which requires the City and the railway to agree that
all safety requirements have been met. BNSF has required that 1.8 m (6 ft)
tall, chain link fencing be installed to mitigate against pedestrians
trespassing onto their tracks before agreeing to stop whistling (called Whistle
Cessation). The plan for the alignment of the fencing, generally shown in the
attached PDF document as black lines, is agreeable to BNSF.
The challenges however, are related
to the annual payments BNSF wants of Surrey to lease the land from them for the
fence and onerous legal obligations included in their lease agreement that may
place undue risk and burden on Surrey taxpayers. An alternative fence alignment
that places it within Surrey’s road allowance – foregoing a lease agreement
with BNSF – is also expensive and impactful to the seaside village character of
Crescent Beach as Bayview street is already very narrow.
Staff intend to present options to
Senior Management and/or Council in 2023 to receive further direction on this
matter. We will also keep the CPBPOA and residents apprised as the status
changes.”
d. Please see the attached correspondence
from Jim Carter.
e. Please see an attached response from
Beryl Kirk.
f. Communication arrived recently from
Camp Alexandra which is attached.
7. Committee Reports
a.
Resignations:
The members of the CBPOA Traffic Committee resigned effective September 22,
2022.
8. New Business
a.
Moved
by Tricia Ewert, seconded by Eva Olson, that a group be formed to investigate the
increasing number of fires on the beach. Carried
b.
Moved
by Sally Stewart, seconded by Carol Abernathy, that we establish a committee to
review our constitution and bylaws for updating. Carried.
9. Moved by Sally Stewart, seconded by
Ron Sorensen, that we adjourn the General Meeting. Carried
Meeting adjourned before 9:00 PM.
___________________________________________________________________________________
Re: CBPOA January Meeting Location, Agenda and
Robert's Rules of Order
Inbox
Jim Carter Sat, Jan 14,
2:55 PM
to me
Liz,
I have reviewed the "General Meeting draft minutes" and feel that I would be remiss if I
did not correct the most blatant of the errors therein.(I will not address the soft pedalling
descriptions given the rude and disruptive behaviour of Some Members from the floor,
the obvious grammatical and spelling errors nor the fact that Counsel retained on behalf
of the CBPOA has advised that in fact no General Meeting was constituted, THEREBY
NEGATING ANY "GENERAL MEETING MINUTES").
I refer to this particular section of your notes as follows:
From the floor, the President was asked if he would apologize.. He said that he would
not make a personal apology because he did not agree one was owing.
Your notes state that when asked again about an apology from the Board re Mr. Eyre
and noting the same in the minutes, I agreed to do so. I neither recall making any such
apology nor agreeing to record same in the Minutes. In fact, this would be in direct
contravention with my previous statement.
Kindly amend your General Draft Minutes to reflect what actually transpired with respect
to the request/suggestion that I apologize. Firstly, I did in fact respond that I had no
intention of proffering a personal apology to the member as I was, and continue to be, of
the opinion that no such apology was warranted. Secondly, with respect to the assertion
that I offered an apology on behalf of the Board, that no such apology was made by me
and therefore I would not have agreed to to note same in the Minutes. Kindly make
these amendments. As well, you will note that my email is addressed to both yourself
and the members of the CBPOA. I have intentionally done this so that this email, in its
entirety, is circulated to the members of the CBPOA.
Of additional concern is is the fact that the new President has opined that she has
superior knowledge of corporate law to that of an actual practising lawyer engaged on
behalf of the CBPOA, and would suggest that careful consideration be given to the legal
advice received wherein the CBPOA was advised that no AGM was not properly
constituted.
I would also like to take this opportunity to say how disappointed I am that so much
energy was spent and trouble stirred up over the disciplining of a member FOR
BEHAVIOUR THAT WAS IN DIRECT CONTRAVENTION OF THE BY-LAWS OF THE
CBPOA. The level of disrespect, abuse and invasion of privacy levelled at the Board
and Committee members was disheartening to say the least, particularly in view of the
time spent and efforts made on behalf of the CBPOA by those individuals.
I am aware that as we grow older, change can be a difficult pill to swallow, but clearly
SOME MEMBERS OF THE CBPOA need to recognize and accept that some changes
are needed to preserve this exceptional area where we live. Without such changes we
will be dealing with much more disturbing realities.Case in point being the recent report
of multiple shots fired from cars leaving the beach area late at night into a residence
near 126 and 27th Avenue. Issues confronting Crescent Beach that the past Board
was attempting to address should not be ignored.
Finally, I would like to thank my fellow Board members, Committee members and
CBPOA members in general who spent several hours and worked tirelessly for the
betterment of our community. It is easy to sit on the sidelines and criticize. Many
positive changes were accomplished and hopefully moving forward the new Board will
see fit to carry on with the precedent set. Thank you.
Jim Carter
Past President CBPOA
_________________________________________________________________________________
January 20, 2023
Dear Members,
Jim Carter requested that the Secretary forward his email to all members. That is being done.
In his email, he makes 6 points:
1. The issue of his apology or not, given or not; is water under the bridge. The minutes have been
amended as he requested.
2. He continues his assertion, (mistaking an AGM with the General meeting), that the Sept. General
meeting was not properly constituted as per the advice that cost us so dearly from his corporate
lawyers, the Alliance Lawyers. It is noteworthy that the Lawyers did not challenge the validity of the vote
but anchored the illegality to the agenda change and disruptions from the floor. The lawyers
recommended that the BOD (Board of Directors), which our By Laws do not reference, buy a copy of
Robert’s Rules (RONR), and implement them. (Note the legal bills we received make interesting reading:
timelines; unnamed “client”; sources of advice to the lawyers; retainer agreement with McEvoy and Hill;
initial $3500 down payment. Files do not include the Instruction letter re the Administrative Law matter,
nor the emails, or file notes re conversations.)
The Members can be assured that our Sept. General meeting was quite legal. RONR (12ed) 41:63
permits the amendment of agendas prior to their adoptions with a majority vote. That was done. The
Chair’s primary duty was to maintain order and deal with motions from the assembly. Those failures
lead to the disruptions.
The CBPOA is incorporated under the Societies Act. Meetings to be legal, require advance notice and a
quorum. Attendance of over 80 speaks to both the advance notice and quorum.
3. Mr. Carter is unable to understand the source of the membership anger at the resolution to expel
one of our members. His continued misinterpretation of the rights of members to express views
contrary to the executive is sad.
4. Yes, we all need to be able to accept change and revise some of our firmly held ideas - that is life.
5. RCMP Reporting Line was not able to verify the alleged incident at 126 and 27 th
6. The CBPOA is an appreciative organization and freely offers it’s thanks to deserving members.
Beryl Kirk
President,
CBPOA
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