Thursday, July 31, 2014
Wednesday, July 2, 2014
District of Tofino Wants to Buy Harold Monks' Property
The District of Tofino has shown that they are incapable of the most basic of property maintenance and yet they want want to acquire another property that is even more maintenance intensive.Let's hope that a responsible non-profit or a heritage minded individual takes over Harold's property.Let's hope council starts looking after the assets we already have.The pictures below are of the District Hall and the Firehall.The sign pictured below was cleaned by a volunteer.
Subject: Press Release - Monks’ Point Property in Jeopardy
For Immediate
Release
Monks’ Point
Property in Jeopardy
Tofino, BC.
The District of Tofino
announced today that negotiations between the District and The
Land
Conservancy for the
acquisition of Monks’ Point Property are stalled. The property is in danger of
being
lost to the
public.
The spectacular two-acre
property on the tip of Grice Point (known as Naa-chaaks by the
Tla-o-qui-aht
First Nations and also
known as Monks’ Point) was home to the Monks family since 1933. Born and
raised
on this property, Harold
Monks Jr. returned in his retirement wanting to ensure the long-term
protection
and public enjoyment of
the house and property. Before his death in 2008, he undertook
many
conversations with The
Land Conservancy (TLC), ultimately bequeathing the property to them in
its
entirety, with the
understanding that TLC would establish Monks Point Park.
Since 2008, TLC has
experienced financial troubles that now place the future of many
TLC-owned
properties at serious
risk, including Monks’ Point. By October 2013 TLC was in arrears of over
seven
million dollars and was
granted creditor protection by the court.
“The Land Conservancy
has failed to live up to Harold’s dream,” said Mayor Josie Osborne. “In
the
absence of its transfer
to another land trust or heritage organization, we believe that the District of
Tofino
is the appropriate
owner, co-owner or custodian of the property. We can execute the wishes of
Harold
Monks and preserve this
historically and culturally significant site.”
In recognition of the
financial difficulties TLC is experiencing, the District of Tofino recently made
an
offer to redeem the
property for $250,000. As part of this purchase offer, the District further
committed to
work with appropriate
parties to place a conservation covenant on the property and to respect
Harold’s
family’s entitlement to
use of the property. To the District’s disappointment this offer was
rejected.
Instead, TLC has
proposed subdividing the Monks’ property, selling lots on the open market and
“gifting”
a portion of the lands
to the District. To date the District has declined this TLC proposal with the
strong
belief that the property
should remain intact.
“We believe that TLC
wishes to raise in excess of $1M through this venture,” said Mayor Osborne.
“We
consider it to be
entirely and utterly inappropriate for the property to be listed and sold at
market price so
that TLC can recoup cash
from a property that was donated outright and in good faith. This is
total
disregard of Harold
Monks’ wishes, and completely ignores the community and cultural values attached
to
this property. We intend
to do whatever we can to save this property for the benefit of future
generations.”
Media
Contact
Mayor Josie
Osborne
District of
Tofino
(T)
250-266-5229
Monks’ Point
Background and Timeline
·
The site, called
‘Naa-chaaks’ in the Nuu-chah-nulth language, is located in Tla-o-qui-aht
First
Nations territory. For
thousands of years, it was an important lookout site providing nearly a
270°
view over several
Tla-o-qui-aht village sites and out to the open ocean.
·
The house was built in
1927 by John Cooper and sold to Harold Monks Sr. in 1933 after the
death
of Mr. Cooper’s wife and
his decision to move to Australia.
·
Harold Monks Sr. and his
wife Katie raised their two children, Harold Jr. and Lois, in the
family
home and Harold Sr. ran
the Imperial Oil marine oil and gas station below the
property.
·
Born and raised on the
property, Harold Monks Jr. purchased the family home from his
parents
and lived on it
part-time throughout his career as a sea captain. He retired to live full-time
again
on the property in
2000.
·
Harold Monks Jr. passed
away on July 28, 2009, bequeathing the Monks Point property and
all
personal and household
contents to The Land Conservancy.
·
In 2011, TLC entered
into discussions about a conservation convent with District staff. A
covenant
was never
completed.
·
In April 2011, TLC
applied to rezone the property from RA2 (Acreage Residential District) to
CDTLC
(The Land Conservancy
Comprehensive Zone). The intent of the CD-TLC Zone was to
ensure that the property
would be maintained in its current state while permitting both public
and
private use of the land
in a manner that would permit the property to be financially sustainable.
At
a June 2011 Public
Hearing for this rezoning, a TLC representative stated that it was their
intention
to protect the natural
and heritage values of the property through a conservation covenant.
Third
reading of the zoning
amendment bylaw was also passed in June 2011. Failure of the TLC
to
complete the
conservation covenant resulted in Council denying the rezoning application in
late
2013.
·
TLC applied for and
received a property tax exemption for the land portion of the property
in
2010, 2012, and 2013.
They did not apply for an exemption in 2011.
·
In July 2012, the
District of Tofino received a letter from TLC acknowledging their property
tax
debt and requesting
forgiveness or a grant. The total amount outstanding at that point
was
$7,827.64. As of June
30, 2014 TLC owes the District of Tofino $2,907.83.
·
September 2012: the
District of Tofino’s Arts, Culture and Heritage Committee recommended
that
the District of Tofino
restart discussions with The Land Conservancy to ensure that the
TLC
understands how
important a community asset the Monk’s Property is to the District of
Tofino.
·
November 2012: TLC
presented as a delegation to a District of Tofino Committee of the
Whole
meeting to continue to
discuss with Council ideas for revenue generation on the property.
Council
directed staff to
investigate a potential partnership that would address the needs of
both
organizations (of the
TLC for preservation and the District of Tofino for community space
at
Monks Point). Subsequent
attempts to contact the TLC were unsuccessful.
·
In 2013, Council
continued to direct staff to pursue discussion with The Land
Conservancy
regarding conservation
covenants and public use of Monks property, and further requested that
a
delegation of staff and
Council meet with The Land Conservancy as soon as possible.
Despite
several attempts to
contact TLC, no response was received nor any meetings
held.
·
In 2013, TLC applied for
and was denied a property tax exemption for 2014.
·
February 2014: TLC staff
responded positively when contacted by the mayor regarding
permission
to conduct a public open
house on the property.
·
March 21, 2014: two TLC
consultants visited the District of Tofino to present the idea of
property
subdivision. It was
agreed that further discussions on property acquisition should take place
after
the community open house
and survey.
·
March 29, 2014: The
District of Tofino and the Tofino-Clayoquot Heritage Society conducted
an
Open House on the
property and subsequently conducted a community survey of over
200
residents. In that
survey, 92% of respondents supported long-term preservation of the
Monks
Point property and 75%
of surveyed residents were in favour of the District of Tofino
acquiring
the
property.
·
May 20, 2014: The
District of Tofino’s mayor and CAO met with two TLC board members and
a
staff person at TLC’s
office in Victoria to present an Offer of Purchase of
$250,000.
·
May 25, 2014: The
District of Tofino received a letter from the TLC containing the proposal
of
subdivision and sale and
stating that the TLC must realize close to $1M. To date, the District
has
declined this
proposal.
·
The Land Conservancy is
one of approximately 33 land trusts operating in the Province of BC.
It
is an anomaly amongst
them as it is the only one that has used mortgages to buy
properties.
·
From 2009 to 2012, TLC
attempted to restructure the organization in response to concerns
about
its governance and
financial management.
·
On October 7, 2013, TLC
was granted creditors protection (pursuant to the Companies’
Creditors
Arrangement Act) and
Wolridge Mahon Ltd was appointed Debtors’ Monitor. Under
CCAA
protection, all land
sales or transfers must be approved by the court. Since October 2013,
three
properties have been
sold.
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