March 2021 Proposal – “A Way Forward”

This is a summary of the board’s proposal for gate installation and the related issues of GWA community boundaries and visitor access, followed by feedback received from members of the community, and observations by the board.

You can jump directly to any section with these links:

ORIGINAL PROPOSAL

The board’s recommended approach to resolving the three current issues was outlined in the GWA NEWS – 6 March 2021, copied below:

A. Current Issues and a Way Forward

The board has been working on these three significant wharf-related issues over the winter. Because the issues are interrelated, we wanted to address them together:

  1. Installation of gate at the wharf
  2. Granthams Landing community boundaries
  3. Access to the wharf by visitors to our community

In the past decade, plotting GWA direction seemed easier, because the Board could simply reflect the will of the membership. But the issues above have proven to be divisive, even within the board, with strong feelings at either end, and all along, the continuum.

Fortunately, our decisions are constrained by the regulations referred to below, and also by a strong desire to keep the community together so we can continue to enjoy our lovely place on the coast.

Our research into Canada Revenue Agency regulations for Charitable Organizations, and our discussions with representatives of their Charities Directorate have made the following very clear:

  1. The Granthams Wharf Association has charitable status because it provides an amenity (the wharf) that is a benefit to the public.
  2. The entire Granthams Landing community would be considered “the Public” in the context of the wharf; it is not necessary to include people outside of the Granthams Landing community.  
  3. It is permissible for a coded gate to be installed at the wharf for reasons related to security, and for concerns re safety or overcrowding.  
  4. All community members that desire access must be granted access without any cost or any required donation (i.e. it is not permissible to provide the code exclusively to members who have paid their membership donation).  
  5. Providing the gate code via email to community members is acceptable.  
  6. Making the wharf available to “members only” would mean revoking the GWA’s charitable status as it would no longer meet the requirement of providing an amenity to the public.  It would require application to the CRA and, if  approved, would also require payment of a revocation tax equal to the value of all GWA assets (thousands of dollars). Therefore, this option will not be pursued.

For background information and references for the above, please see the GWA Charitable Status & Wharf Gate FAQ document on the website

Plans and Rationale

After much discussion, some community soul searching, and focused research into binding regulations and rules (referenced above), the board is ready to recommend a way forward. We welcome your feedback (via email), as usual.

1. Gate

Installation of a gate at the wharf is planned for this spring, as the result of the official vote conducted by email ballot in December 2020, which showed a strong majority in support of a gate:

  • 33/40 voting households in favour (83%)
  • 5/40 opposed (13%)
  • 2/40 abstaining (5%)
  • See the website Members > Wharf Access page for more information and comments submitted during this ballot
  • The board will pause for at least a week before finalizing plans for the gate, to give community members a chance to respond, and in particular, to give voting households an opportunity to change their vote based on new information if they so desire.

    Proposed gate operation:

  • The code to unlock the gate will be available without obligation to all members of the Granthams Landing community (no code is required to exit the wharf)
  • The current signs at the entrance to the wharf, next to the new gate, will be amended to clarify that any member of the Granthams Landing community can simply email the GWA to be put on the email list for regular access code distribution  
  • The access code may not be implemented during the winter and at other times (Granthams Day), i.e. the gate will remain unlocked
  • During the summer, the gate will normally be locked
  • The access code may be changed on a regular basis as needed, with the new code being distributed to everyone on the email list ahead of time.

2. Boundary

The board is proposing an informal boundary for the Granthams Landing community, to serve as a guideline for GWA membership eligibility and access to the wharf.

  • The boundaries will be used to screen new applications for GWA membership and only those with a fixed address within the community will be accepted
  • The few current GWA members who have never lived in Granthams Landing will retain their membership
  • GWA members who have live in Granthams Landing and move away, but would like to retain membership are welcome to do so
  • You may recall that this boundary idea was introduced to the membership at our AGM in December 2020
  • See the website History > Maps page for maps and a written description of the proposed community boundary
  • Note that folks who live along the coast to the south of the boundary have easy access to the public wharf at Armour’s Beach, and those to the north have access to the public wharf at Hopkins Landing
  • As usual, the board welcomes your comments or suggestions on this proposal.

3. Visitor Access

Although the proposed boundaries will limit access to the wharf based on geographic factors, the board is recommending that the GWA does not limit access based on demographic factors. In other words, anyone living in Granthams Landing will have access to the wharf if desired, regardless of status; therefore all of the following would be included:

  • Property owner or renter
  • Permanent or seasonal resident
  • Visiting relative or friend or guest of the above

We recommend an inclusive approach that welcomes all visitors within the community for these three reasons:

  • It aligns better with the notion of “the Public” as defined by the CRA for charitable organizations
  • Enforcement of any other approach would be difficult and often awkward
  • We want to rebuild community spirit at Granthams, where all community members feel genuinely welcome, and no community member feels obligated to police access to the wharf

We expect the new community boundary and gate (and the current signs) to provide “passive enforcement” and, although not fool-proof, to be adequate in reducing the amount of overcrowding and use of the dock by large groups from outside the community.

We also hope community members will be thoughtful and respectful when using the wharf, especially during the continuing pandemic. For example, limiting the length of one’s stay on the floats, perhaps to an hour or so when possible, particularly when other community members are waiting to access it.

Review, Revision, and Ratification

  • The board has started to update the GWA Constitution and Bylaws for clarity and to align with the above. 
  • We will finish the draft version in September after gaining experience over the summer season. 
  • The draft will then be available for review and discussion by all GWA members in October. 
  • After any necessary revisions, the new Constitution and Bylaws will be further discussed and hopefully ratified by the membership at the next AGM in November 2021.

GWA NEWS – Follow-up 

Second GWA email – 18 March 2021

  • The board has received a dozen emails in response to the recent GWA NEWS (below)  
  • And those responses are all over the map! For example:
    • Some folks are still in favour of the wharf gate as originally proposed
    • others suggested the gate be installed but typically left unlocked  
    • others have changed their minds based on new info and want another vote
    • and still others think the restrictions don’t go far enough and are researching possible options
    • Some want the proposed boundaries tightened up (i.e. smaller community)
    • while others want no boundaries on the community (i.e. wide open) 
  • If you have an opinion or suggestion re the way forward, please reply to this message (before this Saturday night please)
  • We will compile the results and update everyone on the board’s decisions re gate installation and the recommended way forward
  • If the results confirm strong disagreement within the community, the gate project will not proceed until after the AGM

FEEDBACK FROM MEMBERS

  • The board received 28 email responses (from 19 households) re our proposal.
  • Other than one response that was in favour of the proposal, the feedback has shown significant and continued differences of opinion among members of our community.
  • Feedback comments are summarized below (responses are grouped under each of the three issues and a couple of other headings):

OVERALL PROPOSAL

– IN FAVOUR

  • I, and many others no doubt, will support the Board whatever you decide.  You clearly have consulted widely and done due diligence with CRA etc, so you deserve to be supported.

Issue 1: BOUNDARIES

– AS PROPOSED

  • The boundaries of “the community” as proposed look reasonable to me.

– NO BOUNDARY

  • The Grantham’s borders create an unpleasant divide. 
  • I agree with Mike that, especially in this day and age, we should be opening our hearts and boundaries rather than tightening them.

– REDUCED AREA

  • My only main concern is with the proposed western boundary of Granthams in light of probable future development of the Squamish Nation’s land.
  • The [proposed] boundaries are too broad and should reflect existing Granthams boundaries (the Granthams water district): from Fisher Ave down to the water (i.e. existing GWA members are grandfathered in, but  new applicants that live uphill from Fisher would not be not be accepted as GWA members).
  • The boundary is huge, especially compared to the historical maps. I don’t think those on Chamberlain St, those near Shirley Macey Park, those in the new development above Granthams or at Soames Beach should be included.   

Issue 2: VISITORS

– ALL WELCOME

  • No one in the community, nor their friends, should be excluded
  • Other feedback pertaining to visitors is embedded in comments re the Gate below

– LIMIT VISITORS if possible and necessary

  • I’m following up on finding out what we would need to do if the GWA membership decide they want to consider petitioning the Charities Directorate in Ottawa re the possibility of legally limiting non-Community short-term visitors from having unrestricted access to our Community dock while still retaining our ‘Charity’ status.

Issue 3: GATE

– YES

  • Gate. Yes.
  • We support putting a gate on the wharf.  
  • I feel the gate project should go through as voted. 
  • I don’t think we can open the wharf to unlimited public use unless we put in another float.
  • Bottom line: we need the gate and it needs to be locked. The issue with groups and misuse of the dock is not going to change and may only get worse.
  • [Without the gate], it’s wide open… like coming home and strangers are partying in it. The kids are the issue, they are so offensive, with ATTITUDE and little consideration for others even when asked repeatedly to keep it down or to leave.

– YES, but unlocked

  • A locking gate should be installed, but not locked.  This would, we feel, deter over-use by casual non-community members, but no one in the community would be excluded from access.
  • Should circumstances change for any reason, the lock could be activated relatively quickly.

– NO

  • Could we not be spending this money in a more productive and inclusive way?  Like cleaning up and landscaping [the hillside] along the side of the stairs. Or creating a more user friendly boat storage?
  • In principle, we are against a gate since it makes the wharf exclusive and complicated because of the community definition (boundaries, visitors, etc), and the distribution of the gate code. On a yes or no vote, we would vote ‘no’ at this time.
  • I think a gate won’t protect this asset as much as separate it from the people who need it the most: kids who want a place to play. Those kids grow up and become a part of the community. As kids we swam and fished off the dock all day long for the entire summer. I think a gate would have changed that and we probably would have ended up somewhere else. 
  • My worry is that the gate creates an unpleasant divide.  Last year I already heard that our friends (mother and 2 kids) who live right by Soames Beach were asked to leave in an unpleasant manner.  This friend would often come down for a swim with our daughter and she wanted to bring her Mum for a swim.  I was embarrassed and so disappointed. 
  • We would like us to be like we have always been: open, welcoming, and informal. We have raised our kids during our 30 years in Granthams. Teens have been showing up every year that I can remember and it sounds like the worst they have done is swim and be loud.  That is what the wharf is for. Gone is the warm welcome of our lovely community wharf!!
  • I am NOT in favour of a locked gate because of the divide it is seeming to create among the residents of Granthams. Locks and gates really only keep honest people out and if people are really going to want access to the wharf they will find a way regardless of a gate or not. It creates more expense which could be used to maintain the float/wharf over the course of the summer or to invest in stronger hardware to prevent it from breaking every year multiple times. It creates more work for the board in changing the code and worrying about maintenance.
  • I feel strongly that the idea of a gated, private wharf will have a negative side that should be considered by the board. The wharf acts as an amazing catalyst for our small community to unite around.  It gives us all a shared resource that we can come together and enjoy together. It was built with good community vibes and continues to be maintained by a small group of volunteers that dedicate their time to keeping it working. I am happily one of these volunteers and have dedicated a lot of time to the building and maintenance of the wharf.  I am happy to do so if the wharf is indeed a place that builds community cohesion and inclusion.  To change the fundamental nature of the wharf to a gated, private wharf will change the historical nature and access of our community. I may not be so inclined to volunteer my time like I have in the past, to maintain a ‘private, exclusive’ wharf as part of my joy is knowing that kids and visitors can enjoy the wharf like I do.  This troubles me as I wonder if other volunteers, of which there are only a few, may feel the same way.  Without us volunteers the wharf can not be launched, maintained and operated.

– NOT SURE

  • If it is deemed necessary to have a gate to prevent overcrowding on the wharf, then we should go ahead with it.  If this is based on one or two isolated incidents, then perhaps not.  

– REVOTE

  • We ask that a re-vote of the gate topic be issued.  Our vote was based primarily on the understanding that only members would have access to the gate.  Upon receiving your news of the CRA rules towards charitable status and code accessibility, we believe the proposed gate now becomes an expensive and ineffective deterrent to the problems we’ve encountered in recent years.
  • A wait-and-see approach until the end of this summer would be non-committal and neutral and give everybody time to re-assess. 

INSURANCE

  • I would suggest checking insurance policy for wharf issues… I would bet they require a locked gate with restricted access… good luck.
  • The other issue we are not addressing is insurance.  We have it but what does it cover and can we be held liable for “drunken” behaviour. And if we do end up having to “make a claim” due to irresponsible use could our rates increase or coverage be revoked… just curious as to what we could be held responsible for.

OBSERVATIONS BY BOARD

We had proposed what we thought was a “middle way” forward and hoped that all GWA members could eventually be comfortable with that plan, but that seems not to be the case.

We are open to implementing, modifying, or replacing that proposed plan, provided we can achieve an acceptable level of agreement from GWA members.

The previous Ballot (Dec 2020) has been rescinded because:

  • The ballot was premature, since significant relevant information was received subsequent to it
  • Re the two gate-related questions on that ballot:
  • The first (re installation of a gate) was called into question by several members who took the opportunity to change their vote and others that requested a re-vote
  • The second question (re distribution of gate code to paid members only) was invalidated by CRA regulations for Charitable Organizations

We cannot move forward with the gate at this time due to the significant level of disagreement among GWA members on it and other related issues. Agreement on GWA boundaries is a significant prerequisite to any binding vote on gate installation, as is a policy on short-term visitors. For example, GWA Members will want to know whether they may end up living outside the new boundaries before they vote on installing a gate. Therefore, the board is not able to make a final decision re gate installation at this time.

We need to resolve these issues holistically, as stated at the beginning of our proposal, so that all relevant information is available before we conduct another ballot re the wharf gate. But due to the ongoing pandemic, it is unlikely that we will be able to meet in the near future.  As a result, we are investigating the use of a facilitated on-line forum for community participation to effectively share information, facilitate conversations on the issues, and hopefully help us reach an acceptable level of consensus as a community.

GWA NEWS – Follow-up #2

Third GWA email – 25 March 2021

Howdy Neighbours –

The GWA board of directors has concluded that we cannot make any final decisions regarding the installation of the wharf gate until we have community agreement on the current issues, therefore gate installation has been postponed. 

Our consultations with the CRA and the community have raised concerns over issues that impact the gate: (1) the extent of our community boundaries, and (2) a policy re visitor access. In addition, the ballot re the wharf gate held in December 2020 has been rescinded due to information received subsequent to that vote, and we cannot expect the members to vote again until the related issues are resolved and the relevant information is available.  

For more information on the board’s proposal and a summary of member feedback and our observations, please see the new March 2021 Proposal page on our website.

Note that, due to the volume of emails received, from this point forward, all incoming messages will be tabled for review at board meetings for consideration and follow-up as necessary. We will no longer reply to individual emails upon receipt (unless urgent and important).

However, we will stay in touch via GWA NEWS and other email messages re routine procedures and events, such as:
·  Watercraft reservations – due Apr 30
·  Float replacement this spring
·  Granthams Day – much needed if possible, although unlikely again this summer
·  Float removal in the fall – we need a new Project Manager!… please volunteer if you can
·  AGM in the fall – we need new Board Members!… please consider serving

In the absence of being able to gather in a face-to-face community meeting, we are investigating the potential of using an on-line forum and participation process to help inform, discuss, and resolve the current wharf-related issues we are facing as a community. Details to follow.

In the meantime, please observe the situation at the wharf when you are visiting, so we can discuss any issues in the fall. However, do not feel obligated to police access to the wharf; we encourage all members to not cause any individual, family, or small group to feel unwelcome. If a problem with a large group arises, please address it as outlined on the website Wharf Watch page or contact the Wharf Watch team (more members needed, please let us know if you are willing and able to join this team).

We want to acknowledge and thank everyone for their contributions, thoughts, and concerns re this special place on the coast. And hope that we can once again enjoy our great community on the wharf in the sunshine this summer.

Be Kind, Be Calm, Be Safe.

The GWA Board
– Tony, Cheryl, Chris, Ann