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LWF AGM Stirs Emotions and Leaves Ratepayers Divided

Fall River (D2N) – The Dec. 6/09 Annual General Meeting of the LWF Ratepayers Association has reportedly stirred up emotions and created a rift among a number of community residents, including two well-know community volunteers. Many people are expressing concern over the events of the meeting and a number of questions have been raised about bylaws, as well as about the rules and regulations as they would apply to Ratepayer Boards and the groups or programs that benefit from Area Rate funding. People are asking why the new bylaws approved at the Dec. 6 meeting seemingly apply to one non-ratepayer, but possibly not to others.

In a Dec. 19 interview with Councillor Barry Dalrymple, who was at the Dec. 6, LWF Annual General Meeting, he acknowledged was aware of the controversy surrounding that meeting. “I have had many, many complaints sent to me about that meeting,” he said. “There certainly have been questions that have been asked I can’t answer yet.” The Councillor said he is scheduled to meet with people from the HRM’s Legal Department and the HRM’s Community Development Department sometime in January, to discuss the situation and to find a resolution to the matter. He declined to comment any further on the situation until after the January meeting, explaining anything more “would be conjuncture at this point” and he did not want to get into that.

Sandra Carr, a life-long resident of Fall River, was invited to sit as Chair of the LWF Ratepayers Association Board in 2008. Carr was already a member of the LWF Ratepayers Association Board Executive, having held the position of Board Secretary for three years prior. “Sandra and I had spoken about the vacant Chair position,” explained Windsor Jct. resident Cheryl Newcombe, who was the LWFRA Board Treasurer at that time. “And she had agreed to accept the nomination as Chair. I did nominate her in her absence, but not without her knowing,” Carr was voted in as Chair of the LWF Ratepayer Board in “absentia” during 2008’s LWF AGM. Both Carr and Newcombe have held, and continue to hold, positions on a number of community Boards.

Many people, including Carr herself, say she was pushing for better transparency and accountability of the Area Rate Taxes collected and allotted through the LWF Ratepayers Association. When asked, Carr explained – as Chair of the Board, part of her responsibility was to be accountable for the Area Rate Tax dollars collected. Carr says she simply wanted to be able to provide LWF Area Ratepayers with a breakdown of where every dollar of their tax money goes. The money collected through the 3 cent per $100 Area Rate is designated to the Windsor Junction Community Centre (WJCC). A small amount goes to Lakeview (Park) Payroll, and a small part goes to the LWF Baseball Payroll. The WJCC has a summer program for children from the LWF area. For a very minimal fee, kids from the LWF Ratepayer area can attend each day during the summer months if they like; they can take in swimming lessons and they can play games and do crafts, all under the watchful eyes of trained staff members. Lifeguards who are employed by the WJCC are said to be well qualified for their positions. Cheryl Newcombe, who sits as the head of the WJCC Board, and who is the new Chair of the LWF Ratepayer Association Board, oversees the operation of the WJCC Program.

Carr had lived in the LWF Ratepayer Area for nearly fifty years, and she had been a member of the LWF Ratepayers Association during those years. Although she was no longer technically fit the criteria to be a member of the LWF Ratepayers Association after she moved to live with her daughter in St. Andrews Village, according to Carr that had not ever been a problem, and she had remained on the LWF Board for five years, up until the Dec. 6/09 meeting.

“It wouldn’t be appropriate to discuss the details of the meeting or how other people perceived the meeting,” said Carr. “However, as a lifelong resident of the Fall River area, I have served my community in many capacities. While living on Blue Hill Road, I became Secretary of the LWF Ratepayers Association and remained in that role for several years; this, in spite of the fact that I reported my move to St. Andrews Drive. Board members assured me that my address was not a problem as I was grandfathered in because of having lived in the area most of my life,” she added. “Last year, I was nominated and elected (in absentia) as Chair of LWF Ratepayers, with the clear knowledge of all involved that I currently reside in part of LARA (Lockview Area).”

Carr held the Chair position on the Executive of the LWF Ratepayer Board; Vice-Chair was Buddy Baker; Secretary, Annika Renborg, and Board Treasurer was Cheryl Newcombe. The original bylaws for the LWF Ratepayers Association were taken from the Registry of Joint Stocks. From the Ratepayer Board, a committee was created and they held a series of meetings to make changes to the new bylaws in order to make them fit properly for the LWF Ratepayers Association. “All of the bylaws that were put in place were done so by a committee of people, never by an individual, and were done in the hopes of creating a more accountable and structured organization to benefit our communities,” Carr said.

The LWF Ratepayer Board Executive reviewed a plan for an umbrella group, which was seen as being the possible beginning of a co-operative in the area, one that would bring many groups together under one. An invitation to LWF Ratepayers was extended via the LWF Ratepayers Newsletter, which went out in the mail. Folks who were interested in joining the umbrella group were invited to come to the Dec. 6 meeting if they wished. Two members of the Fall River Crime Prevention Association attended; former Councillor Krista Snow was one of them. There were also a number of other newcomers who attended the meeting, including one resident from the Schwartzwald Subdivision, who was confirmed as an LWF Ratepayer member.

The amended bylaws were taken to the Dec. 6 AGM with 100% agreement from the Executive, and 100% agreement of the Board. “We all agreed that these bylaws would be the right fit for the future of the LWF Ratepayers Association,” said Newcombe.

The new bylaws were passed at the meeting with a one-word change in one of the definitions. Under Membership Rights and Responsibilities, the old bylaws stated that a person living in the geographic area of Lakeview, Windsor Jct, and Fall River and/or those who pay the area rate, are LWF Ratepayer members. The new bylaws have dropped the or and now read only and. This one word change, from and/or to and, sparked controversy among Ratepayers (and non-ratepayers) who were in attendance at the Dec. 6 meeting.

The LWF Ratepayer Meetings have a long history of casualness concerning who can and who cannot participate in the Ratepayer Meetings. Fall River resident Gary Hines was present at the Dec. 6 LWFRA meeting. “I don’t recall it ever being asked at a meeting if you did or did not own property and have the right to vote before a vote took place,” said Hines. “From way back, since years ago, it seems like I recall the rules were made up as they went along. That is how it was for decades. Whoever was at the table, at the meeting, everyone voted because they needed a quorum. You can go back and look at lists of officers who served but who were not property owners. Boundaries have always been vague and voting patterns have been vague concerning who was allowed to vote or hold office on the LWF Ratepayer Board.” It is a claim echoed by many longtime area residents. “That was how this meeting (Dec. 6) was also being conducted,” said Hines, “at least in the beginning.”

According to a number of people who were at the meeting, the start of the Dec. 6 meeting seemed to be no different than any other LWF Board meeting that had ever been held. The meeting went forward without any guidelines in place for voting and without confirming who was an LWF Ratepayer and who was not. According to Newcombe, an announcement was made asking persons who were not LWF Ratepayer members to refrain from voting, however no official identification system was used to ensure that only LWF Ratepayers actually did vote – it was left up to the honour system, as it had been done every year prior at LWF Ratepayers Meetings.

“There was no official confirmation done at the meeting of who was or who was not technically an LWF Ratepayer,” Hines said, “not for the nomination process, and not for the vote. The only time technicalities came into it, was when Sandra was told she no longer qualified to be on the Board under the new bylaws.”

Based upon the information provided by many people who were at the meeting, there was a lot of confusion; and based upon the accounts of many people at the meeting, it appears the minutes of that meeting are missing a great deal of information, including any details of the discussion on the bylaws and grandfathering, which is reported to have allegedly taken up to three quarters of the meeting time.
According to what is available in the minutes, this is what took place: the new bylaws were presented and comments and corrections were called for. Amy Vey pointed out that item 6e, in the bylaws, reading and/or needed to be corrected to and. Gary Hines moved that the bylaws be accepted as corrected in item 6, a motion that was seconded by Paul Dalrymple. Councillor Barry Dalrymple confirmed he voted against the motion, adding ” a number of other people at the meeting voted against the meeting as well.”

Chair Sandra Carr called the Dec.6 meeting to order with approximately fifty people in attendance. The Agenda was approved, and the minutes from the previous years AGM were read and approved with corrections noted. Carr provided information on last summers Keloose; the records were available for review on a side table, including all financial information. Carr gave her Chairs report. The new bylaws were passed.

A discussion on creating a grandfather clause began after the new bylaws were passed. The matter of grandfathering goes way back, according to Newcombe. “The Windsor Junction Community Centre had adopted a policy many years before that said that if you had grown up in the area and you still had family ties in the area, that you could maintain your membership in the WJCC,” said Newcombe. Carr technically fit the criteria for a member of the WJCC and as a member served on the Board of the LWFRA as a member with this definition for a number of years.

According to Newcombe, during the meeting, Krista Snow stated she fit the same profile that Sandra Carr fit, and she wanted to be involved in the Umbrella Group. Like Carr, Snow does not reside within the LWF Ratepayer boundaries; she has lived on Brook St. in Fletcher’s Lake for a number of years. Snow was born and raised in the LWF Ratepayer area, and her parents were members of the LWFRA.

Snow explained what prompted her to attend the meeting, “I was invited while at the recent COP (Citizens on Patrol) meeting,” said Snow. “I was also informed by a resident of Lockview Road that the funding may change, and that the WJCC Area Rate monies may be moved to different areas throughout Fall River. This is not allowed, see HRM guidelines. I was also asked by my mother if I would give her a ride. Until just recently, I have been a Ratepayer in the LWF for years.”
There are unconfirmed reports of allegations circulating, implying that cuts or changes to the WJCC Area Rate monies were intended. It is something Carr denies.

“Any requests that were made were never done to eliminate programs that exist in our communities, or to put into question the funding of these programs. In fact the exact opposite is true,” said Carr. “All that we were trying to achieve was a transparent accounting, to ensure that the funds available to our communities would support our present and future programs in the best way possible. At the end of the day, what is important is our ability to provide our communities the best and most diverse selection of programs that are possible through the funding that is available to us.” Carr expressed support for the youth who are employed by the WJCC summer program, saying she believes they do an outstanding job with the children who attend the summer program of the WJCC.

LWF Ratepayer membership has grown significantly since the Area Rate was implemented so many years ago, and as the population of the LWF Ratepayer membership has grown, so too have the Area Rate Tax dollars collected through the Area Rate Tax, Carr explained. She maintains her goal was simply to ensure complete and transparent accountability of records showing where the Area Rate Tax dollars were spent, explaining if she was to be part of the group responsible for Ratepayers Tax dollars, she wanted to do the job right, including being able to account to Ratepayers for where those dollars were being used.

Newcombe says Snow’s request during the Dec. 6 meeting, to be included, set off a debate among many people at the meeting. “Krista’s question started a flurry of comments, some for and some against, having a grandfather clause,“ said Newcombe, adding that someone from Lakeview, said (something like) “how can we allow grandfathering to people who will be able to vote on our tax rate, when they don’t even pay the tax!”

That changed the mood in the room,” Newcombe said. “It was obvious we needed to take more time to consider the role and the policies for this new corporation, with these new bylaws.”

“Barry Dalrymple made an amendment to the bylaw motion that said the new Board would bring forward a set of policies to a Public Special meeting with all the proper notices for everybody, just like an annual meeting, and include clarification on the grandfathering clause”, said Newcombe. The motion was passed as amended.

The minutes available record that the formation of an umbrella organization was opened for discussion, however Newcombe moved that the discussion be postponed until the grandfathering policy was defined. According to both Newcombe and the minutes, the move was seconded by Councillor Barry Dalrymple.

The meeting moved forward. The Windsor Junction Community Centre (WJCC) report was presented by WJCC Board member Linsey Hope. The WJCC Financial Report was presented by Cheryl Newcombe. Community member Greg Boyd moved that the operations report for 2008/2009 be accepted, it was seconded by Patti Snow of Fall River. Newcombe moved that the budget for 2010/2011 be accepted; it was seconded by Wayne Marchand.

During the meeting, Snow pointed out that under the new bylaws which had been passed, Sandra Carr no longer qualified to sit as Chair of the LWF Ratepayer Board as she did not fit the new criteria. It was an observation that allegedly did not sit well with some people at the meeting; according to witnesses, a few people stormed out.

“Sandra Carr is a great community volunteer, it was terrible. She was basically kicked off the Board,” said Fall River Ratepayer Paul Dalrymple. “Why? In my opinion, the entire meeting was basically a joke. Sandra was doing a great job; there was no problem with her holding a seat on the Board before, so why is it a problem all of a sudden? All she was trying to do was to make the LWF Ratepayer Board and the groups it looks after, totally transparent regarding the Area Rate Tax money. What was wrong with that? She can’t sit on the Board now because she’s not technically a Ratepayer?”

Other people who were at the Dec. 6 meeting have voiced concern over unconfirmed reports that one or more of the people elected to the new Board may not technically fit the criteria of the new bylaws to be a member of the LWF Ratepayers Association either, because they may not own property within the LWF Area Rate boundaries. It is the same technicality and reason that Carr was not able to remain as Chair of the LWFRA Board.

In an interview, Snow explained it was the new bylaws that forced Carr to resign from the Board. “The fact is, the Board accepted the bylaw that disallowed a non-ratepayer to sit on the Board. Period,” she said. “This is not my opinion, this is fact. Anyone who can read and did read the bylaws are vocal with their agreement with my statement. Also needs to be restated that I mentioned the bylaw before the vote, giving obvious ample opportunity for the Board to change it.”

Snow suggested asking Hines why he would move acceptance of new bylaws that would cut Sandra Carr from the Board. “He and everyone else in the room where given the opportunity to make changes before the motion was put on the floor,” said Snow. “That to me was the most curious thing that happened at the meeting. People should take the time to listen to others comments.”

Hines offered this explanation, “I moved to accept the new bylaws because I believed they were doing it in good faith, and in having accountability by doing so,” he said, in response to Snows question. “I moved the motion looking forward to putting in accountability. We never got it. Instead it was turned around and used to force Sandra out.”

During the Dec. 6 meeting, a discussion around the definition of membership began. “It had become pretty specific in the new bylaws,” said Newcombe. “The new bylaws explicitly said that you had to be a member to hold office, and that you had to be a member to vote.”

When the vote was taken on the bylaws and the new bylaws were officially passed, “This meant that Sandra could no longer be on the Board,” explained Newcombe.

Under Membership Rights and Privileges, the new bylaws state that to be considered a member of the LWF Ratepayer Association a person must: reside in the geographic area of Lakeview, Windsor Jct. and Fall River and they must also pay the Area Rate Tax on their property. Once the new bylaws were passed, only people who live in the LWF area and pay the Area Rate technically qualified to sit on the new Board.

A debate ensued, with people arguing for and against Carr’s right to serve on the LWF Board. The arguing continued for a short time, until Carr stood up and resigned as Chair of the LWF Ratepayer Board. When interviewed and asked, Carr explained that she cared too much about the overall good of the community to sit by and watch the meeting be reduced to no more than a circus, so she stepped down.

Carr’s disqualification to sit as Chair of the LWF Board has left people asking questions. “Why in the past were non-property owners allowed to vote at the meetings and to hold office, but now, under the new bylaws that got voted in at the meeting, you could still apparently nominate someone or vote if you were a non-property owner, but Sandra could not sit as Chair of the Board.” said Hines. “I guess my question would be “Why did the new bylaws apply to one non-ratepayer, but not to other non-ratepayers at the meeting?”

The 3cent per $100 Area Rate was implemented twenty or thirty years ago to support the Windsor Jct. Community Centre Program. Carr says as part of her efforts to move the LWFRA forward with better accountability to Ratepayers, she had requested a breakdown of the Line Items in the budget for the WJCC Program. Newcombe maintains the records Carr was requesting are in the hands of the HRM Financial Department.
“The financial reports were presented at each meeting,” said Newcombe. “Those books are kept by the HRM Finance Department. They keep the money, they pay the bills. I merely reproduce the numbers from them in a format that is easier to read.”

Newcombe cites the Privacy Act as the reason she cannot provide a detailed breakdown of the WJCC Payroll. “As an employer, I cannot release personal information about employees, and that includes information about their salary,” she said in a telephone interview. “It is against the law.”

“Traditionally, financial statements have come forward that have not provided breakdowns of the different Line Items,” Hines explained. “For example, who got the checks for lawn mowing, or putting floors in the buildings, etc. Boards need to present records to the Association of expenditures, not just Line Items. If you spend this much on lawn mowing, who did the job, who got paid, or was a lawn mower purchased, those sort of breakdowns for instance. Those are the breakdowns that need to be shown and available. They need to be presented so there is complete transparency of where funds are spent. Although the HRM gives a record noting Line Items, there is no requirement for local accountability. The new bylaws were supposed to establish more accountability for the funding. These new bylaws were supposed to protect taxpayers. Sandra Carr was trying to move the LWFR Association towards better accountability for the tax dollars the LWFRA Board oversees.”

After Carr’s resignation, according to the minutes, Greg Boyd stepped in and took over as Nomination Chair for the vote to elect a new Board.
According to Newcombe, she then resigned as Board Treasurer. “I announced I would not re-offer for the Treasurer’s job because I had lost the support of the Executive,” said Newcombe, who presented her Financial Report, despite resigning from her position. “Then the elections came,” explained Newcombe, “I was nominated as Chair and took the position.”

When the voting was over, a completely new Board Executive was in place.

The new Board members are as follows: Chair: Cheryl Newcombe (nominated by Linsey Hope, seconded by Wendy Pruneau); Vice-Chair: Sean McCool (nominated by Joanne Boudreau, Troy Bennett), elected by acclamation; Treasurer: Amy Vey (nominated by Linsey Hope, David Devlin) elected by acclamation; Secretary: Emily Clarke (nominated by Linsey Hope, Patti Snow) elected by acclamation.

Six Directors positions were filled: elected were Raeann Dwinell, Leo Meagher, Nick Phillips, Gary Geddess, Jeanette Smith, and Linsey Hope.

There are questions as to whether or not all of the new Board members are technically LWF Ratepayers. Although the answer remains to be seen, people are asking if the same technicalities that prevented Sandra Carr from remaining on the LWF Board as Chair, might also prevent other people on the new Board from holding a seat on the Board.

When asked, Newcombe explained there is no conflict with a person sitting on the LWFRA Board and also being employed by the WJCC Program. “We have always had the manager as a member at large,” she explained. “The manager has to know the Board and understand what the Board wants in order to do the work of the Board correctly.” There has been only one paid employee on the Board for the last couple of years according to Newcombe, the manager, and that person will not be returning to the WJCC this summer. “Emily Clarke will take over as senior manager this year,” said Newcombe, “but we do not hold meetings in the summer, so there is no conflict with our paid staff.” Clarke was voted onto the LWF Ratepayer Board as Secretary at the Dec. 6 meeting.

Finding official answers to questions or about the technicalities and the rules and regulations which may or may not apply, has proven to be difficult. Getting clarification from the Halifax Regional Municipality (HRM) about the rules and regulations on Ratepayer Boards, Bylaws, Privacy Laws, Area Rate Taxes, and about what is or is not considered a Conflict of Interest, has been very difficult, and a number of the questions asked regarding those matters remain unanswered.

The HRM Legal Department explained a bit about the expenditure of Area Rated Funds. “With respect to the expenditure of area rated funds, HRM adopted a Recreation Area Rate Policy in May 2002. That policy requires that an annual business plan and detailed budget be provided to HRM. That detailed budget can be found on the HRM website under the June 30th, 2009 agenda, item 11.1.5, Appendix D. It should be noted that the referenced budget would only address the area rated funds and not the entirety of the LWF budget.”

Following is the reply to questions directed to the Registry of Joint Stocks – this is the information provided to District 2 News by the Registry of Joint Stock Companies:

● The LWF Ratepayers Association is a not-for-profit group registered under the Societies Act.

● The Windsor Junction Community Centre is a Limited by Guarantee company formed under the Companies Act.

● A society’s Memorandum of Association states it purpose and often indicates the groups it intends to support.

● Societies that give money to any other not-for-profit organizations are free to attach any conditions to the gift as they may wish, including a requirement that they be provided with their financials. This is a contractual matter between the organizations and does not involve the Registry of Joint Stock Companies.

● Copies of the memorandum, articles and by-laws of companies and societies are public information and may be requested from the Registry of Joint Stock Companies or viewed at our offices at the 9th floor of the Maritime Centre, 1505 Barrington St., Halifax.

● The Registry requires societies to file financial information. Companies formed under the Companies Act are not required to do the same.

There are numerous suggestions, that because the AGM LWF Ratepayer Meeting held Dec. 6 was so confusing, it should be ruled “invalid”, and another meeting should be held in its place.

One Ratepayer summed up his thoughts about the Dec. 6 meeting with a bit of sarcastic humour, seemingly based upon Prime Minister Stephen Harper’s now infamous request of Gov. Gen. Michaëlle Jean to prorogue Parliament until March 3, (Harper came to power with “accountability” as one of his Top 5 priorities). “When that meeting began to get totally confusing and out of hand,” said the LWF Ratepayer, “Sandra Carr would have been better off if she had done like Canada’s Prime Minister,” he said, winking. “Instead of stepping down, she should have pulled a Harper…and prorogued the meeting!”

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