By Roy Wood, Special to the Times Chronicle
Amid the months of tension in Osoyoos around the taxation issue innuendo was rampant including an accusation that the town purchase of the boat trailer parking lot along motel row on the east side of Osoyoos Lake was in some way suspect.
After a months-long negotiation, the town purchased the site for $730,000, significantly less than the original asking price.
In an interview this week, town Chief Administrative Officer (CAO) Rod Risling told the Times Chronicle that purchasing the parcel, which the town had previously been leasing, had been on council’s list of priorities.
“I informed council that the parcel we are using was leased and therefore we were at risk. … The owners can do as they see fit with the parcel.”
The CAO said the boat-trailer parking lot is a vital part of the town’s tourism-based infrastructure. The town’s financial well-being is closely linked to tourism and “a lot of the (visitors) utilize the lake and have trailers.”
As well, he said, the lot eases the congestion caused in the community by boaters parking their trailers on town streets.
In documents obtained through a Freedom of Information and Protection of Privacy Act (FOIPPA) request the negotiations around the property purchase are detailed indicating no maleficence.
What was revealed was the fact the 1 ha (2.425 acre) parcel contains a Registered Archeological Site (RAS).
The FOIPPA-obtained documents were passed to the Times Chronicle by an individual who wishes to remain anonymous.
The negotiation process began with council giving Risling approval at an in-camera meeting early last year to make contact with Dominick Mis, the Edmonton-based lawyer for the owner of the parcel, Osoyoos Pyramid Corporation, and to begin negotiations for the purchase.
Conversations continued through the spring, but little process was made while the seller waited for a detailed appraisal of the property in question.
The 61-page appraisal, conducted by Kelowna-based Kent-Macpherson, arrived in mid-June. It estimated the value of the parcel at $2.98 million.
The document noted the property is zoned as “C-3 Highway Commercial” and therefore legally suitable for many possible commercial uses.
The appraisal made no mention of the RAS within the parcel. Risling said he believes the seller was unaware of the site designation.
The CAO disputes anonymous suggestions that standard business practices weren’t followed, specifically concerning the town not paying for its own appraisal of the property.
He acknowledged that on occasion both sides in a deal will have their own appraisals done, but in this case it was unnecessary.
“I’m an appraiser by trade. That’s my expertise,” he said. “I reviewed the appraisal in detail using my expertise and formed my own opinions and I provided my expertise to council about the appraisal.”
In a series of emails, Risling and Mis discussed the possibility of a price reduction, down from $2.98 million, to compensate for the potential complications resulting from the RAS.
According to a BC government website, there are 62,000 archeological sites registered with the Provincial Heritage Registry. There is no public list of the sites, mainly to prevent members of the public from disturbing them. There are believed to be at least scores of such sites in and around Osoyoos.
“All archaeological sites in B.C. are protected under the Heritage Conservation Act (HCA) and may not be altered or changed in any manner without a permit. This applies whether sites are located on public or private land, and whether the site is known or unknown,” says the website.
As for the archeological site in the parking lot, the CAO said, “(It’s) definitely not a large area… A small and specific (area) … Not a significant piece of the parcel. Very small actually.”
Rather than go through the archeological study, one of the options Risling proposed was to “come to an agreement on the price not knowing the extent of the archeological issue. The site can continue to be used as is as long as the soil is not disturbed.”
Such a process would allow the town to get the property at a reduced price and put off doing the archeological site work until such time, if ever, that alternative uses for the parking lot are considered.
In late August, with the approval of council, Risling made an offer to Mis of $2.25 million. A few days later, he accepted on behalf of Osoyoos Pyramid. The deal closed October 11.
Currently, said Risling, there are no plans to do anything with the site other than continue to use it as a fenced, unpaved parking lot for boat trailers.
However, he said, “When you have an asset there are always other opportunities that may present themselves. … No decisions have been made as far as what other potential uses could be (put in place). …
“We need to do some due diligence about how the place is being occupied, is there a better way of laying out the parking itself. There’s lots of work to do prior to potentially … investigating other opportunities.”
Told of a rumour that the parking lot is being considered as a site for a new town hall, Risling laughed. “I haven’t heard that one yet. There are a lot of rumours out there.”
Risling said there are some who believe the administration didn’t perform its due diligence and might have paid too much. “(But) when you see the facts … the town actually did fairly well.”
He urged residents to “have some faith in the administration, that they have some expertise and they’re looking out for the community’s best interests.”
