October 9, 2004
To The BC SPCA Board of Directors:
In the June 26, 2004, BC SPCA Board of Directors meeting minutes, the Society's President is recorded as saying the agreement with the City of Victoria to settle the dispute over their noise bylaw is, "open to interpretation and there had been a misunderstanding between the City and the Society’s board of directors." She goes on to state, "...the former President did not have board authority to make promises or commitments to a new building".
I am writing to confirm that, during meetings I attended and as the minutes show, Rick Sargent was clearly and properly mandated by the Board to negotiate and conclude, on behalf of the Society, an agreement to settle our dispute with the City of Victoria. This agreement was to include an initial outlay of $200,000 for interim mitigative noise control measures as well as a commitment to a subsequent comprehensive redesign and rebuilding phase to be paid for by a local fundraising campaign. I am in full agreement with the e-mails on this subject sent to you by former directors Karen Holland and Howard Gray. I am also in full agreement with the advice provided to you with respect to the nature of the agreement with Victoria by current director Gail Peterson.
For those who were present when these unanimous decisions were made to now deny what happened is a calumny to Rick Sargent. To repudiate an agreement that was duly concluded with the City of Victoria and confirmed by a Consent Order in the BC Supreme Court would be to erode the integrity and stain the reputation of the Society. To reopen the conflict with the City of Victoria would be to jeopardize the continued existence of our most important Branch, and to thereby gamble with the financial future of our whole Society.
I trust you will act to restore the honour of the Society and its Board by issuing a written apology to Rick Sargent and by making a clear commitment to live up to the full letter, spirit and intent of our agreement with the City of Victoria.
Peter Havlik
Former Director and 2nd Vice President, BC SPCA
CAC Chair, North Peace Branch
phavlik@awink.com
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June 28, 2003 Board Meeting
19.2 Alleged Bylaw Infractions at Victoria Branch
A report was presented on a four-pronged approach to deal with alleged bylaw infractions at the Victoria Branch relating to barking dog noise complaints. The four approaches outlined include legally defending the tickets, political action, an action plan to redesign or relocate the Victoria shelter, and the development of standards and guidelines for all facilities used for poundkeeping.
Moved/Seconded/CARRIED
That the recommendations outlined in the report be adopted.
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October 17, 2003 Board Meeting
7.5 Victoria
The Chair reported that the City of Victoria has taken action against the Victoria Branch because of noise complaints. Affidavits are to be completed by November 8th with cross examination of witnesses by December 8th. A Judge will then hear the matter in Chambers, probably in January.
The Society has proposed settlement by implementing a variety of noise reducing measures, with an offer to mediate any disputes which, if unsuccessful, could be handled by binding arbitration. The Chair asked the Board for authority to make an offer to the City and to speak on behalf of BC SPCA.
Moved/Seconded/CARRIED
that the Acting CEO be authorized to make a reasonable offer to settle with the City of Victoria, as outlined in the letter recently forwarded to the City, subject to Board approval, and that a Negotiating Committee, consisting of Rick Sargent, Greig Jenkinson, and the Society’s Victoria lawyer (Patrick Guy) be appointed to negotiate an offer to settle on behalf of BC SPCA.
It was acknowledged that this committee should work closely with the General Manager, Community Relations, and make the offer public.
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8.4 Victoria
Minutes of November 28th, 2003 Board Meeting
The Chair reported on the status of the noise situation in Victoria and the Society’s proposal to settle the dispute with the City of Victoria that he had discussed with the Mayor. Discussion followed on the Society’s proposal to deal with the issue in the interim and in the long term in Victoria. The Chair circulated drawings showing proposed renovations/additions to the Victoria shelter that would assist in providing a long term solution. This proposal includes the City of Victoria forfeiting property taxes annually; and the Society possibly leasing commercial space on the property. The remainder of the funds required could be financed, with no capital required until 2005, although $200,000 would be required to deal with the interim measures proposed as well as to produce working drawings and obtain all necessary permits towards creating a 15,000 ft² “no noise” adoption centre.
The Chair advised that he would be prepared to lead a campaign to fund this initiative and discussion followed on the costs of moving the current shelter vs. renovating it, as well as the costs of defending a lawsuit with the City of Victoria, should that situation arise.
Moved/Seconded/CARRIED
that the board authorize negotiation with the City of Victoria to resolve the noise issue as proposed in the letter to the Mayor, and that an expenditure of up to $200,000, directly from reserves, be approved to expedite the agreement in 2004.
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5.3 Victoria
January 10, 2004 Board Meeting
The Chair provided an update on the current proposal to address the noise issues with the City of Victoria. The Chair expressed concerns about the ability of staff to ensure that City’s requirements are met and the CEO advised that he would be addressing these concerns with staff on January 12 in Victoria.
Moved/Seconded/CARRIED
that the Chair be permitted to endorse the agreement with the City of Victoria as presented and as outlined in Patrick Guy’s correspondence of January 8, 2004.
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4. Victoria
April 24, 2004 Board Meeting
Moved/Seconded/CARRIED
That the Board establish a Facilities Development Committee for Victoria made up of the following:
1. the CEO or his appointee
2. the Victoria Shelter Manager, Valerie Lykkemark
3. the Animal Welfare Manager, Nadine Gourkow
4. the President, soon to become immediate Past President of the Society, Rick Sargent
5. the Regional Director for the Capital, Gail Peterson
6. a sitting member of the Victoria CAC, appointed by the CAC
7. a Fundraising Chair appointed by the Facilities Development Committee for Victoria.
And that the Terms of Reference be to oversee the design and development of the redevelopment plan and to prepare the design and working drawings for Phase One of the redevelopment which shall include the new dog kennel facility; and, ensure that the deadlines and processes set out in the agreement with the City of Victoria are carried out; and to adhere to the budget set by the Board; and, to report the progress made to the Board on a monthly basis. Establish and coordinate subcommittees made up of staff, volunteers and community representatives to provide input to the design as required.
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June 26, 2004 Board Meeting
1.1 Victoria Shelter & Building Committee
It was reported that a meeting was held with the Mayor of Victoria on June 8, 2004. The Mayor has asked for written confirmation of how the Society is addressing the 16 provisions in the agreement with the City. It was noted that the City seems quite satisfied with the Society’s progress, but wants a status report in writing.
Gail Peterson noted that the assumption in the agreement is that there will be a new shelter built and that noise abatement issues are only a temporary solution. She noted that there was an implicit promise by the Society’s lawyer to the City that a new shelter would be built at no cost to BC SPCA with the required funding being raised through a capital campaign.
The President noted that at no time has the Board of Directors passed a motion authorizing the construction of a new facility and that furthermore no such specific motion has even been requested of the Board.
The President further noted that the agreement with the City of Victoria is open to interpretation and there had been a misunderstanding between the City and the Society’s board of directors. She noted that the board had given the former President approval to negotiate an agreement with the City and to sit on the Victoria Shelter Design & Building Committee and deal with the noise abatement issue, to the approved funding of $200,000. Any other activities would need to be submitted for consideration by the board prior to any approval being given and would need to include a business case for doing so, including budgets for any proposed capital and ongoing operating expenditures. It was clarified that the former President did not have board authority to make promises or commitments to a new building.
Red Lawrence noted that time was of the essence to reach agreement with the City of Victoria before the shelter would be closed due to noise complaints. He indicated that it was hoped that soundproofing would be completed to the City’s satisfaction and that, if not, any further development of the property would be subject to the board’s approval.
It was also noted that the board had previously established a process for any new facilities development and that copies should be provided to the new directors.
The CEO advised that the Victoria Shelter Design and Building Committee had been tasked with looking at all the options for the facility and to come back to the board with recommendations and a budget to implement the various recommendations. He clarified that the Committee reports to the Society’s board, not to the City.
Moved/Seconded/CARRIED
that the CEO prepare a letter to the Committee on behalf of the board to clarify the issues, specifically what Phase I involves and what the Society’s commitment is to the City of Victoria. The letter will include timelines and parameters of the Committee’s work, and that it is to submit a report to the Board prior to the board’s next meeting.
It was also suggested that parameters be set for the former President to clarify that his position has no authority or power and no role in media relations on behalf of the Society.
Nadine Gourkow suggested that a dog behavioural management program be considered in conjunction with the Victoria Shelter Committee’s recommendations.