Two BIAs vie for power
Larry Anschell (left) and Bill Lawrence.
Updated: July 15, 2009 9:50 AM
Confusion reigned this week following an extraordinary general meeting of the White Rock Business Improvement Association requisitioned by Larry Anschell and other members.
In the aftermath of the July 7 meeting, held at Anschell’s Turtle Recording Ltd. studios, it appeared there was not one but two BIA boards, each believing it has authority to conduct business under the Societies Act.
Anschell insisted the meeting – which voted in a “new board” – was legitimate, rejecting earlier statements by the existing BIA board citing legal opinion the petition calling for the meeting, signed by 36 members, did not represent the 10 per cent of membership needed for such a move.
But current BIA president Bill Lawrence – who, along with other standing board members, did not attend the meeting – remained adamant Wednesday the meeting was not valid under the Societies Act.
“Any decisions or actions taken during that meeting have no jurisdiction within the BIA itself,” he said. “The meeting has no relevance whatsoever with regards to the BIA.”
On Thursday, the City of White Rock, acting on its own legal advice, denied a request for a delegation to council on July 13 from Anschell, who planned to use the appearance to introduce the “new board” and ask that funds collected by the city on behalf of the BIA be frozen, pending acknowledgement of the “new BIA.”
“We have two legal opinions here and Mr. Anschell hasn’t got one,” said Mayor Catherine Ferguson.
“It is his opinion that he has formed a BIA, but it is not a BIA under the Societies Act and therefore will not be recognized.”
But Anschell – who ran for council last fall – stands by the election of the “new board.”
“Last night’s general meeting was in compliance of every aspect of the Societies Act and the BIA Constitution, and this election is in every way valid,” Anschell said Wednesday. “We had a quorum of 15 voting members.
“That was the requirement we’d set before we could go on.”
The 14 members elected at the meeting include Anschell, former civic running-mate Dave Chesney, who described himself as a representative for Coney Island Seafood; Bob Yearsley, owner of Sausalito Beachside Inn; and Johan Sandstrom, self-described as a representative of Josef’s Blacksmith Art.
Others include Century 21 Seaside Realty owner Geoff Lloyd; Iguana’s Beach Grill owner Linda Adams; Charlie Don’t Surf manager Alex Schopf; Wings Tap and Grill manager Rick Naiker; Ocean Beach Hotel promotions manager James Proulx; Poultry In Motion owner Holly Valentine; Sugar & Spice owner Helen Mencl; Dennis Bell, representing Dr. Sandra Finch DMD; Lorraine Dronen, property representative of 1122 Vidal St. (Turtle studios); and Roger Turner, owner of Harmony Health Care.
Anschell said the absence of standing board members was “unfortunate,” as they and other members had been invited to participate and put their names forward as potential directors.
“It was disappointing,” he said. “People have worked hard with the BIA and we’re not trying to diminish what they’ve done.”
But Anschell decried what he termed BIA directors “voting themselves in over and over again” rather than adhering to the two-year term specified in the BIA constitution (an allegation denied by BIA executive director Russ Davies, who said a proper nomination process has been followed) and the spending of money on projects without measuring their success in promoting business.
“We want to look at value on the dollar and how the dollar is spent,” he said.
At root of the controversy is Anschell’s disagreement with the existing BIA over how many members the association has. The BIA maintains it has a membership of more than 600 business or property owners, supported by an opinion from its lawyers.
But Anschell claims that, under the Societies Act, individuals must apply annually to be voting members in good standing. At his last count, he says, the BIA had only received 50 applications, which means the 36 who signed the petition for an extraordinary general meeting were more than the 10 per cent required.
Lawrence said Wednesday the BIA remains firm that the petition was not signed by 10 per cent of voting members.
“Since those criteria have not been met, the meeting has no validity,” Lawrence said. “For an individual who is portraying himself as being a stickler for detail and following procedures... (Anschell) doesn’t seem to follow the same rules himself as far as putting on meetings and having meetings that are supposed to be sanctioned.”
“He basically does it by his own rules. If that’s the way he operates, it’s unfortunate, because there are other individuals who are following his lead and doing things that are not procedurally correct.”
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