Our mission was to distribute an information letter to the members of the BIA made up of local businesses owners. The letter is designed to inform the business community the scheduled AGM Annual General Meeting called by the "old & ousted" BIA scheduled meeting for Monday evening at the Elks Hall in our humble view has no validity.
NOTICE OF CANCELLATION FOR BIA ANNUAL GENERAL MEETING JANUARY 18TH, 2010
Unauthorized information has been recently distributed calling an Annual General Meeting of the White Rock Business Improvement Association for January 18th, 2010 at the Elks Hall, White Rock.
The calling of this meeting was not authorized by the registered Directors of the BIA , and a petition distributed to call this AGM does not conform to the Bylaws of the BC Society Act.
MATERIAL DISTRIBUTED INCLUDES UNAUTHORIZED CHANGES TO THE BIA CONSTITUTION, FINANCIAL STATEMENTS
AND PROPOSED BUDGETS
The White Rock BIA is currently before the BC Supreme Court to determine the validity of the last Directors election July 7th, 2009. Until this ruling is received, further elections and resolutions for the White Rock BIA cannot be filed in Victoria and be deemed effective.
The BC Deputy Registrar has stated “until BC Registry Services receives satisfactory evidence that the dispute has been resolved, the Registry will not accept further filings for the Association”.
A motion was passed by the BIA Board on December 3rd to terminate the employment of Russ Davies in his position as Executive Director, for the continued violation of the governing bylaws of the White Rock BIA. Mr. Davies has refused to release the records of the Society to its registered address and has been responsible for distributing false and unauthorized information to members.
It is the intention of the BIA Board of Directors to hold the next AGM on March 31st, 2010, pending the release of financial records of the Society to its registered address, as required by Section 11 of the BC Society Act.
For more information please visit: WWW.WHITEROCKBIA.CA
For 18 months a group of business owners have banded together to shed some light on the past and the future of the Business Improvement Association in White Rock.
The registrar of the Society Act in Victoria is on record as recognizing the "new Board of Directors" and has clearly stated until the matter is settled by the two parties or by the current court case before the Supreme Court of British Columbia, the "new directors" are the group that is recognized by their office. The matter in their mind is frozen and will remain that way until such time the mater can be settled by the two parties or the courts.
Following the initial court case earlier this month in the courts in New Westminster, the law firm representing the "old BIA" proposed to the "new BIA" a possible sit down to settle the matter. The "new BIA" stated it would be more than willing to participate in such a meeting. LARRY ANSCHELL this week received word from the law firm, the "old BIA" was unwilling to participate in the meeting. They have decided to proceed with the AGM, elect a new Board of Directors, which will include the same old group with the addition of only one new director stepping forward for nomination.
For months now every effort has been made to keep the business community and the City of White Rock informed on our actions. The City of White Rock finance the operation of the BIA through a levy on local businesses. The response from the local business owners to say the least has been under whelming. That was until they received the latest handout from the "old BIA." It has taken an inordinate amount of time but as they say "the proverbial worm has turned."
The White Rock BIA which is coming to the end of its first mandate of 5 years is now asking for a new by-law to be created by the city that will extend their next mandate from 5 to 10 years. They are also asking for a considerable increase in the funding from the city as well as new sweeping powers for the Executive Director that would allow for the Director to have veto power over the board of directors.
At a time when the business community is littered with vacant store fronts and more businesses looking to sell, the time for a fully functional BIA is more pronounced than ever before. The encroachment of new shopping communities at Southpoint and Grandview Corners has put tremendous strain on the health and future of the local business community.
The Monday evening meeting is open to any member of the White Rock BIA as well as guests of business owners.
The "new BIA" will be represented at the meeting. As the matter is before the Supreme Court it will necessitate documentation of the matters discussed at the meeting. In the past the "old BIA" has had difficulty simply attracting enough business owners to establish a quorum for their previous 4 AGM's.
A number of local business owners seemed content to accept the levy administered by the City of White Rock as just another tax. For that mater most business owners were not even aware they were paying the levy, as the city actually sends the bill to the commercial property owner. The majority of the commercial property owners simply rolled the levy into the triple net of the business owners rent, and by not breaking it out and informing the business owners - many were unaware they were paying the levy.
Under the proposal that will be put forth by the "old BIA" Monday evening the mandate will double from 5 years to 10 years, with the levy increasing annually. Previously on average business owners were stuck with roughly a $4,000.00 levy over the course of the 5 year mandate. With the new graduated 10 year levy those same business owners will on average be hit with upwards a $10,000.00 levy.
The City of White Rock and the "old BIA" just might have hit the tipping point.
Monday's evening will no doubt answer some questions as a number of merchants will be in attendance with some tough questions for the "old BIA." The "new BIA" will be on hand to continue to advance their causes from the very beginning of this sordid tale.
1. A full and open disclosure of where the money has been spent over the past 5 years.
2. An open and accountable BIA that will advance the interests of the business community of White Rock.
3. Making the City of White Rock accountable for the money they have taken from the local commercial property owners in order to fund the BIA.
UPDATE 10:00 a.m. Friday January 15, 2010
LARRY ANSCHELL Treasurer of the "new BIA" reached the registrar
of the Society Act in Victoria this morning. RICHARD RODGERS stated he had
restated to the "old BIA" the Registrar's office would probably only validate
the AGM if the meeting had been approved by both parties. RODGERS stated his
office would wait until next week to rule on the validity of the AGM called
Monday evening by the "old BIA."
The Registrar's Office in Victoria is on record as stating the
White Rock BIA Board of Directors (New BIA) has been frozen until the two
parties are able to reach a resolution or the court case in the Supreme Court of
British Columbia rules on the matter. The court case is to request the Supreme
Court to quash the election of the "new BIA." This confirms what the "new BIA"
has maintained all along. Until such time as there is common ground found
between the two parties or the court rules, the "new BIA" is the legally
recognized by the Registrar's Office in Victoria.
ROGERS also stated the information being circulated by the "old
BIA" that a Parliamentary representative was now involved had not been
registered with is office. RODGERS stated he had put this option forth to the
"old BIA" as an option to solve the problem but had not received any
confirmation this had occurred. Neither ANSCHELL or any of the other directors
of the "new BIA" have heard from any "Parliamentary" representative regarding
their involvement in the matter.
http://www.whiterockbia.ca
http://http://www.whiterocksun.com
