MINUTES OF THE MAGIC LAKE PROPERTY OWNERS` SOCIETY
HELD ON MONDAY, OCTOBER 16 2017 AT 4:00 PM
AT PENDER ISLAND SCHOOL
5714 CANAL ROAD
PENDER ISLAND, BC
Jeremy Harwood President
Peter Morton Vice-President (until 5:15 pm)
Mike Wiley Director of Recreation / Tennis
Jean Deschenes Treasurer
Dave Reed Member-at-Large
Kathy Gilbert Secretary
Glenn Henderson General Manager-Marina
Patrick Cramond Marina Operations Manager
Bob Coulson Marina Operations Manager Assistant
Joanna Rogers Office Manager
Ian Syme Marina Projects Manager
Art Curtis Marina Maintenance Manager
Roy Moore Magic Lake Estates lawn bowling proposal
Frank Deme Magic Lake Estates lawn bowling proposal
Graham Garlick Magic Lake Estates lawn bowling proposal
Linda Weston Magic Lake Estates lawn bowling proposal
Note: All guests are MLPOS members except Linda Weston
1. CALL TO ORDER
Chair Jeremy Harwood called the meeting to order at 4:00 pm.
2. APPROVAL OF AGENDA
Moved by Dave Reed
Seconded by Peter Morton
That the agenda be approved.
3. APPROVAL OF PREVIOUS MINUTES
Moved by Dave Reed
Seconded by Ian Syme
That the Minutes of the July 24 2017 Magic Lake Property Owners’ Society Directors Meeting be approved.
Roy Moore provided an update on his work regarding his proposed lawn bowling facility at the Magic Lake Estates tennis courts. Points noted in Roy’s presentation were:
The lawn bowling facility will only be built with enough community support;
A separate society is proposed, comprising 80-100 members, with separate financial arrangements from those of MLPOS;
An annual membership fee of $50 is proposed by the lawn bowling group; The proposed clubhouse at the site will be open to anyone using the site;
When grants from various organizations are received, the lawn bowling group will reimburse MLPOS for all costs associated with the start-up, including the cost of rezoning the tennis court site;
In the next months, potential club members will be going off-Island to bowl;
The Sidney Lawn Bowling Club receives $9000 per year in BC Gaming Grants funding for operational costs;
In the next few months, a list from MLPOS of issues to be addressed will be provided to Roy.
On behalf of MLPOS, Dave Reed had prepared a response (attached to these minutes) to Roy’s presentation. Dave’s presentation identified that the MLPOS constitution and bylaws preclude establishment of a separate society within MLPOS.
Further discussion points included:
The need for the lawn bowling group to develop a business plan, including all costs associated with construction, maintenance, realistic grant revenues for construction, maintenance and operating costs;
The need to establish a site restoration fund, similar to those in place for the marina and tennis courts, should the lawn bowling facility fail in the long term;
The need to look at tax implications and insurance implications (MLPOS to do);
Whether the proposed annual membership fee of $50 per member is realistic;
Whether a lawn bowling facility is the best use for the land adjacent to the tennis courts;
The need to consult with the broader MLPOS membership on the lawn bowling proposal and possible alternative uses for the tennis court lands prior to endorsement of any development proposal on those lands;
The different age demographics on Pender Island vs the Saanich Peninsula with respect to the ability to support a lawn bowling facility;
That carpet bowling has been suspended for the time being on Pender Island;
Whether alternative sites for the lawn bowling proposal have been considered.
5. BUSINESS ARISING FROM MINUTES
Jean Deschenes has reinvested the term deposits to maximize the best return on investments.
Moved by Dave Reed
Seconded by Ian Syme
That the Treasurer’s report be approved.
7. DIRECTOR REPORTS
Glenn Henderson reported that some of the pilings and hoops around the pilings require attention. He will investigate repair options. Art Curtis has a list of maintenance projects that require doing.
Recreation / Tennis Report
Moved by Jean Deschenes
Seconded by Glenn Henderson
That the Directors’ reports be approved.
9. New Business
Roy Moore et al re lawn bowling proposal
See 4. above
Rezoning of tennis court property
See 4. above
Playground replacements/additions/maintenance at tennis court site
Dave Reed advised that there will be a delegation to discuss this at the November meeting.
Rafts at Magic Lake
No action required by MLPOS.
New Magic Lake Estates sign
On-going discussions with BC Assessment and Assessment Appeal Board
Board members opted to discuss this in open meeting, rather than in camera.
The Appeal Team reported that following the site visit to Thieves Bay Marina by BC Assessment staff member Christina Infanti, the Board had received a without prejudice revised assessment for improvements to $337,000, a 23% reduction from the 2017 assessment. After discussions around whether to continue the appeal process or accept the proposal, Jean Deschenes offered to discuss the appeal situation with Greg Rounis, Cunningham and Rivard Appraisals, who had assisted MLPOS informally on this matter.
The meeting was adjourned at 5:56 pm.
Tuesday, November 14 2017, 4:00 pm, Pender Island School
Dave Reed presentation re lawn bowling proposal, Oct 16 2017
From the MLPOS Constitution:
2. The objects of the society are:
(a) To represent the members in matters affecting their property or
their life style in Magic Lake Estates, Pender Island, British Columbia
by performing research on such matters, submitting briefs to
government, industry or any other party having an impact, whether
favourable or unfavourable, on such property or life style; (amended
September 26, 1992)
(b) To acquire, maintain and administer, or dispose thereof,
property in Magic Lake Estates or the foreshore adjacent thereto for
the recreational use of the members or the public at
large if such public use is approved by a resolution of the members.
PILBC - In stating that the MLPOS must maintain and administer property our constitution precludes having a separate society working within the framework of the MLPOS constitution. If we were to allow a separate society to take charge of membership fees, property administration, club rules or any other functions we are no longer adhering to our constitution. Therefore, the Pender Island Lawn Bowling Club cannot operate as a separate entity nor could it keep control of its funds and membership fees while under the patronage of the MLPOS.
MLPOS Lawn Bowling – Ruling out a separate society leaves the option of going back to what was proposed at the AGM, ie Roy Moore pursuing the Lawn Bowling facility as part of the MLPOS. We currently have a motion in place that encourages Roy to continue to research the viability of the project and hopefully that research will lead to a tenable business plan covering both start up costs and future revenues and expenses. The plan proposed at the AGM was a first step, but in assuming that all grant applications would be successful, and at the maximum amount available, it falls far short of an acceptable business plan, which would provide realistic grant expectations as well as quantifiable revenue and expenses. The MLPOS would have the responsibility of determining whether the business plan was adequate and would provide guidance throughout the process. Once an acceptable business plan was developed, the next step would be to poll the entire MLPOS membership and determine if this project represents the best use of the remaining undeveloped land, while keeping in mind that there may be groups with other proposals as well as the option of leaving the land as it is now.
Rezoning - Any rezoning applications would be made in the name of MLPOS, but those costs, and any associated tax burdens would have to be borne by the lawn bowlers. MLPOS would not enter into any rezoning discussions unless and until MLPOS members are convinced that there is a viable business plan showing that the project is financially viable and sustainable into the future without additional or ongoing cost to MLPOS.
Restoration Fund – If this project were to go ahead, it would be in everyone’s best interest if all the effort put into this would result in a successful, sustainable operation. However, we would be irresponsible if we did not recognize and address the possibility that the facility could be completed and then fail at a later date. To mitigate this, the lawn bowling proposal should address this possibility with a bowling group generated fund that would ensure the property would be returned to its current state. Both the marina and the tennis courts have such funds in place, and a bowling green should have a similar arrangement
Summary – At the 2017 AGM a motion was passed encouraging Roy Moore to continue to research the Lawn Bowling facility concept. The MLPOS board stands by the motion, but in order to move forward, we need to see a serious business plan in which all financial estimates and projections for initial funding, ongoing maintenance and mitigation are realistic, verifiable and objective. Once such information is finalized and presented to the MLPOS Board, the Board will perform its due diligence to determine whether the concept, market, and financial information justifies MLPOS Board support and recommendation. Before any final approval could be granted, the general membership would be polled, and would be given the choice of approving this or any other project aspiring to use the same land, or have the option of keeping the space as it is. Rezoning will not be addressed until there is a high expectation of adequate funding for the project, both for construction and sustainability and not before the 2018 AGM. While the lawn bowling group may feel we are setting the bar quite high, we would hope they understand that we have been entrusted with the care and management of this special piece of property, and we take that responsibility seriously.
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