April 5, 2005 — Special General Meeting

Attendance

1st Baden Scout Group: Bruce Gerber
1st Bridgeport Scout Group: Bruce Boehmer; Wayne Radtke
1st Elmira Scout Group: Brian Soehner
11th Kitchener Scout Group: Ted Claxton; Brian Reiner
24th Kitchener Scout Group: Pat Hicks; David White
30th Kitchener Scout Group: Mark Wilson
31th Kitchener Scout Group: Karen Devereux; Ralph Schlueter; Mike Smith; Dana Wolfe
36th Kitchener Scout Group: Scott Laing
38th Kitchener Scout Group: Pierre Michiels
45th Kitchener Scout Group: Chris VonKnobloch
69th Kitchener Scout Group: Ken Coyle
1st Maryhill Scout Group: Jim Wilson
4th Waterloo Scout Group: Ken Arnett
6th Waterloo Scout Group: Bob Kalbfleisch
10th Waterloo Scout Group: Jody Bell
14th Waterloo Scout Group: Mark Willsie
21th Waterloo Scout Group: David Cameron; Liam Morland
North Waterloo Property Committee: Kevin Donovan; Paul Freiburger
North Waterloo Area: Jim Williamson
Scouts Canada, Ontario Incorporated Body: Sty Eley

Opening

Ted opened the meeting at 19:15.

Report from Kevin Donovan, Property Manager

Kevin reported on the current work of the Property Committee. The committee is responsible for Everton Scout Camp, Camp Mohawk, and North Waterloo Scout House. The committee does little with regards to Scout House, which is mostly maintained by Peter Miller of the Scout Shop. Camp Mohawk's appeal was successful so the camp is no longer on the to-sell list.

Everton made a five-year plan a few years ago and, for the most part, is following it. The one area that is falling behind is revenue. Annual revenue is about $35,000. Kevin figures that about $50,000 is needed for the long-term health of the camp. There is currently a small deficit which is mostly non-cash. The camp spends about $5000 per year on water testing. The new water purification system was donated. Kevin is working to cancel the property tax on the house as it is currently unoccupied.

Bookings have been very confused with the reorganization. They are getting better. Kevin relayed a story of a Cub pack that showed up in the middle of winter to use Cliff Cabin. When they booked, they did not seem to know that the cabin is a long hike through deep snow. Helping this group in created extra work for Kevin and Paul. There are many Toronto and Golden Horseshoe groups using the camp. They like it and find it inexpensive.

The camp committee will review the fees for camp. Fees have been unchanged since 1999. One change being considered is moving to a one-tier system. Currently, North Waterloo groups pay less then others using the camp.

Kevin reported that they have fought many battles on behalf of the camp. There has been much negative interaction relating to the Scouts Canada Ontario Incorporated Body going back to the For Everton Capital Campaign in the 1990s. The Incorporated Body has recently been laying off, realizing that the committee is not going away.

Saturday, April 23 will be the annual work day. People as young as Scout age are invited to help get the camp in shape. Grand River Lodge needs a new roof. There are lots of shingles available. Does a group want to do the work to put them up?

More volunteers are seriously needed as campmasters, particularly in the winter. Ranger Paul is getting is getting tired and needs help. He will not be able to remain the ranger without more volunteers, particularly in the winter. Non-Scouters can help, but will not help directly with the kids without a PRC.

The Need for an Association

Ted outlined the need for having an association. An association creates a connection between the camp, the camp committee, and the people with a interest in the camp. It provides a communications vehicle to let people know about the camp, its needs, and volunteer opportunities. Without a connection to the camp, new Scouters will not learn about it. The historical connection will evaporate.

The deed for the three North Waterloo properties was originally held by the Waterloo (later Canada) Trust Company in trust for North Waterloo District. In 1982, the deed was transferred to the Scouts Canada Ontario Incorporated Body, also in trust for North Waterloo. There are two aspects of ownership: legal and beneficial. The legal owner is the Incorporated Body but they merely hold the deed because the beneficial owner, North Waterloo, is not a legal entity (a person or corporation).

The deed provides for the former executive of North Waterloo District to require that the deed be re-registered in the event that North Waterloo District ceases to exist and a dispute arises regarding the ownership of the property. Both of these conditions have been met. Such an instruction was given, but the Ontario Incorporated Body, through their lawyers, refused to comply. In Ted's view, this constitutes breach of trust.

Many properties in Ontario have similar deeds. Scouts Canada has not supported these properties in any way. The properties were bought or donated to local Scouting, maintained by local Scouting, and paid for by local Scouting. The attempted sale of Camp Peacehaven was overturned when the South Waterloo lawyers got involved to defend the trust deed. Elgin is forming a property association for Camp Timken and is proceeding with a legal challenge to defend their trust deed.

A question that must be considered is whether or not North Waterloo should also proceed with a legal challenge. The court could authorized representatives to initiate action on behalf of an interest, in this case, the groups in North Waterloo.

Kevin pointed out that when North Waterloo was formed, it was the North Waterloo Scout Association. Changed the name to District does not change the fact that North Waterloo is an association.

Bob Kalbfleisch reviewed Ted's points regarding the need for an association. The Association would:

Create a forum for giving direction to the Camp Committee.
Keep the connection with the camp by the Groups within North Waterloo.
Provide a pool of interested members to help with supervision and projects at camp.
Give direction concerning any decision to challenge the Scouts Canada Ontario Incorporated Body on the question of beneficial ownership.

Creation of the Association

There was some discussion about the nature of the association.

Motion: Pierre Michiels/Ken Arnett; Carried unanimously: That an association be formed to do all things necessary or requisite for providing and maintaining the association's property.
Motion: Pierre Michiels/Ken Arnett; Carried unanimously: That a committee be formed consisting of David White, Pierre Michiels, Liam Morland, Mike Smith, and Jody Bell to draft a draft constitution for the Association.

Comments by Stu Eley

Stu Eley, one of the five volunteer directors of the Scouts Canada Ontario Incorporated Body, provided some comments. He said that he listened with interest to the discussions. He wonders how an association will help in getting Scouters volunteer to help the camp. He disagreed with some characterizations of the members of the Incorporated Body's board, saying that they are just volunteers working for the betterment of Scouting. Stu said that the board recognizes the two aspects of ownership: legal and beneficial. He said that local Scouting are the beneficial owners and the role of the Incorporated Body is to help the local people to be the managers. On Ted's questioning, he did not disagree with the Incorporated Body's refusal to re-register the deed for the North Waterloo property. He said that Scouts Canada will not support legal challenges.

Stu gave the example of Silver Birch Camp, an abandoned cottage which still have live power, as a serious liability risk. He said there are lots of properties like this. All properties are in a database on the national site. Insurer use the information there to set the rate. Non-compliance means a higher cost.

Adjournment

The meeting was adjourned at 21:20.

Minutes by Liam Morland