According to a report to council from Administrator Leif Pedersen dated April 25,2005 the District does own the wharf
"The transfer agreement has conveyed legal ownership to Tofino.There is no provision for return."
However in a report to council from May 24,2011 from Nyla Attiana it was stated "It was determined prior to the completion of the 2010 audit that the "Wharf Bridge" is not under the ownership of the District of Tofino.This asset was removed as an asset from the District's financial statements.The areas of the dock that the District does own are the two ramps and floats attached to those ramps."
A legal opinion from Lidstone,Young and Anderson dated April 12,2005 states "The Agreement to Transfer is the master document conveying legal ownership interest in the Wharf to the District.It is not conditional,not assignable,and no longer open to amendment,We cannot locate any provision that requires, or even enables,Transport Canada to review the transfer or exercise a discretion to "take back"the Wharf from the District now that the two-year Operating Agreement has expired.
The Operating Agreement is an additional contract between the District and Transport Canada that sets out the District's obligations with respect to operation of the Wharf for the first two years the District owns the Wharf.The Operating Agreement does not affect the ownership of the Wharf, and does not contemplate the re-conveyance of the Wharf back to Transport Canada."
It also states " We note that some of the Transfer Documents you provided to us for review are unsigned photocopies.If you locate copies of the full,executed originals,please forward them to us as any changes in the wording of the Transfer Documents may change our opinion."
The legal opinion also confirms that " Transport Canada provided a one-time contribution of $500,000 under the Contribution Agreement for the repair and upkeep of the Wharf"
I will attempt to get copies of the signed documents on Tuesday and will possibly have a better understanding of the situation by then.....if you have any information please write in or telephone me....thanks,Ralph
Sunday, July 31, 2011
Saturday, July 30, 2011
Who's on First ? What ? July 30,2011
While reading the District of Tofino Financial Statement I ran across an interesting correction on page 12 regarding ownership of the First St Wharf:"During the year, the District noted an error in tangible capital assets.An amount for wharf infrastructure should not have been recorded as the asset is not owned by the District " This caught me by surprise as I had always thought that the District took it over from the federal government.....I know that for years the District has maintained it and Tofino bylaw has patrolled it but it was never owned by the District !! Subsequent investigation by TofinoNews staff has revealed that the District owns the two ramps that lead from the main wharf and the two floats on either side of the wharf but they don't own the wharf itself and never have.....being that the wharf is valued at $1,754,874.00 one would think that someone from the District staff or council would have noticed this discrepancy before now....good of current staff to notice this long overlooked error !! Tofinonews will have an update once we find out who actually owns the wharf !!
No Tsunami alert after Japanese Quake july 30,2011
http://www.cbc.ca/news/world/story/2011/07/30/japan-quake.html
No Tsunami Warning has been issued.The Tsunami sirens are still laying in the public works yard anyway......this is beyond a joke.....
No Tsunami Warning has been issued.The Tsunami sirens are still laying in the public works yard anyway......this is beyond a joke.....
Thursday, July 28, 2011
Westerly Council Report July 28,2011
http://www.canada.com/Tofino+council+meeting+July/5170903/story.html
Not surprising to see John Fraser and Donna Fraser supporting short term rentals at the Shore.
Not surprising to see John Fraser and Donna Fraser supporting short term rentals at the Shore.
Wednesday, July 27, 2011
CHMZ Fundraiser
Tomorrow afternoon our afternoon host Carrie-Ann will be out on the
sandbar in the Tofino harbour with a lemonade stand, raising money for the
Kids Community Access Fund which helps raise funds so less fortunate kids
can attend Tofino Parks and Rec programs.
We're not entirely sure how well this is going to work and the exact time
she will be out there will be dependant on a number of factors but we'll
keep you updated if you tune into the station. If we have any sort of
success we'll try to do this a few more times in the summer for other
causes.
Thanks
sandbar in the Tofino harbour with a lemonade stand, raising money for the
Kids Community Access Fund which helps raise funds so less fortunate kids
can attend Tofino Parks and Rec programs.
We're not entirely sure how well this is going to work and the exact time
she will be out there will be dependant on a number of factors but we'll
keep you updated if you tune into the station. If we have any sort of
success we'll try to do this a few more times in the summer for other
causes.
Thanks
Water Rate Update July 27,2011
The following resolutions were passed at yesterday’s Council Meeting:
• That Council approves that the Water Capital Levy be discontinued and be replaced by a Property Value Tax Levy to be used for both water and sewer capital repairs, maintenance and improvements.
• And that the Property Value Tax Levy not exceed $485,000 in a year
• And that the Property Value Tax Levy only be charged if an approved Water and Sewer Infrastructure Plan is in place
• That Council approves the discontinuance of the Capital Levy at the beginning of Quarter 3 and for administration to begin preparing to implement the Property Value Tax Levy in 2012
• That Council approves that the Water Capital Levy be discontinued and be replaced by a Property Value Tax Levy to be used for both water and sewer capital repairs, maintenance and improvements.
• And that the Property Value Tax Levy not exceed $485,000 in a year
• And that the Property Value Tax Levy only be charged if an approved Water and Sewer Infrastructure Plan is in place
• That Council approves the discontinuance of the Capital Levy at the beginning of Quarter 3 and for administration to begin preparing to implement the Property Value Tax Levy in 2012
Monday, July 25, 2011
Monday July 25,2011 slow news day
A slow news day....Good to see the crosswalk at Lynn Rd is working well...yellow flashing lights seem to get people to stop.....Other good news.....lots of "No Vacancy" signs seen this weekend....let's hope tourism picks up for the rest of the season...
Please remember that guest editorials are always welcome....need to use your real name and verify with me before its published...no shortage of topics....thanks,Ralph
Please remember that guest editorials are always welcome....need to use your real name and verify with me before its published...no shortage of topics....thanks,Ralph
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