Posted in coal hill, Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc.

Update on Kensington Island Properties aka 34083 Yukon Inc. Violating the MDA by Subdividing Contaminated Coal Hill Section

This is an update to the following 2 posts about KIP pulling a fast one by subdividing a portion of the coal hill which is KIP’s property but contaminated and gave it back to the province.

This was accomplished in April 2017 just prior to the provincial election where KIP’s Liberal buddies were voted out.  KIP then advised the Regional District through his counsel April 28, 2017 that KIP was in compliance with the MDA.  How did KIP arrive at that conclusion?

This developer is very successful at making everything a dog’s breakfast.  Remember, “time lines don’t matter when you’re dealing with government.”  Neither do agreements from these actions.

https://allthingsunionbay.com/2017/09/16/kensington-island-properties-aka-34083-yukon-inc-misled-the-comox-valley-regional-district-april-28-2017/

https://allthingsunionbay.com/2017/09/15/kensington-island-properties-aka-34083-yukon-inc-pulled-another-fast-one-you-are-going-to-pay-update-on-the-coal-hill/

Proof Mark Lewis in the above document is KIP/34083 Yukon Inc. lawyer.

Posted in Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc., UBID

Union Bay Improvement District and Kensington Island Properties aka 34083 Yukon Inc. Facilitator’s Report

Notice the facilitator states:

5.  The Ministry should urge the UBID Board of Trustees to do a costs, benefits, pro and cons study of turning the assets of UBID over to the CVRD.

http://union-bay.ca/wp-content/uploads/2017/09/UBID-KIP-Final-Report-2017-August.pdf

I have extracted the following 16 pages from the 38 pages in the above document which is the ‘meat’ of the report, in my opinion.

Will be adding comments.

The Facilitator seems to have gotten some of his misinformation from the developer or his kiplets as his conclusion no reasons were given for the resignation of three trustees July 27, 2016, and decided that Anne Alcock’s letter expressed frustration due to the ongoing issue on the water agreement involving Kensington Island Properties.  Gee, that’s not the impression I got from reading her letter.  Thought it was pretty clear.

Posted in coal hill, Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc.

Kensington Island Properties aka 34083 Yukon Inc. Misled the Comox Valley Regional District April 28, 2017

Add this slimy tactic to the ever growing list of stunts pulled by this developer.

It appears Brian McMahon, VP of Kensington Island Properties aka 34083 Yukon Inc. misled the Comox Valley Regional District when McMahon responded on April 28, 2017, to the deadline set by the CVRD of April 30, 2017, by claiming to be in compliance with the master development agreement in all material respects.

The CVRD started to put some pressure on KIP in Sept. 2016.  The CVRD then gave McMahon a deadline of April 30, 2017,

Planning for this project started in 1996 and to date, no progress has been made on the development of the property, and nor have the parties developed a new water agreement.  As things have changed since 1996 and 2007 when the MDA was signed, the CVRD made a written request to KIP on September 23, 2016 to meet and discuss amending the MDA to reflect the current context.

The CVRD wishes to see this matter resolved and has requested that KIP advise of its intentions by April 30, 2017.  In order for the CVRD to consider its role in serving the best interests of the community of Union Bay in terms of planning and infrastructure, this matter needs to be clarified.

A fellow landowner received this response from Ann MacDonald of the CVRD which I posted here: https://allthingsunionbay.com/2017/05/01/kensington-island-properties-aka-34083-yukon-inc-responded-to-the-cvrd-april-28-2017/

other posts regarding the deadline: https://allthingsunionbay.com/2017/04/30/did-kensington-island-properties-aka-34083-yukon-inc-meet-the-regional-district-deadline-by-today/

https://allthingsunionbay.com/2017/04/25/kensington-island-properties-aka-34083-yukon-inc-deadline-approaching-because-were-dealing-with-government-timelines-dont-matter-said-mcmahon/

On April 28, 2017 solicitors for KIP advised the CVRD through its solicitor that KIP is of the view that it is currently in compliance with the master development agreement in all material respects.

How was KIP in compliance when McMahon had just finished subdividing a section of KIP’s property which is a violation of the master development agreement when he had his solicitor advise the CVRD he was in compliance?  He knew he wasn’t.

The letter below from CVRD Chair Jolliffe states the application date was April 6, 2017, and the date of entry was April 20, 2017, and yet the CVRD was notified April 28, 2017 that KIP was in compliance.

Why does anyone believe the bullshit KIP spews?

Posted in coal hill, Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc.

Kensington Island Properties aka 34083 Yukon Inc. Pulled Another Fast One – You Are Going To Pay – Update on The Coal Hill

Update on this post:  https://allthingsunionbay.com/2017/09/01/confirmation-coal-hill-reverted-to-the-province-another-kensington-island-properties-promise-goes-poof/

So does anyone else think it’s a coincidence that KIP dumped his contaminated section right before the Liberals lost the election May 9, 2017.  Did his Liberal buddies come to the rescue?

So now that KIP has walked away from the coal hill remediation there is a good possibility all of us as taxpayers are going to be footing the bill to ‘remediate’ the coal hill.

On top of that, looks like slick has pulled a fast one by subdividing a section of KIP’s property to return to the province so he won’t have to foot the bill for remediating the contaminated section of KIP’s own property.

McMahon knew he was violating the terms of the Master Development Agreement by subdividing without meeting the conditions set out in the MDA.  Why do people trust this guy?

See the darkened section in the document below – that’s the portion you are now going to pay to remediate KIP’s land.

Note the comment by Russell Dyson CAO of the CVRD:

Please note that a Section 219 covenant exists on this property and its parent lot prohibiting subdivision until certain terms of a master development agreement are met.  The master development agreement was signed by the CVRD and the property owner, 34083 Yukon Inc., (Kensington Island Properties) in 2011.

Note:  I think there is a typo in the above quote stating the MDA was 2011 when it was 2010.

 

Is the Covenant listed below as registration number: FB349802 with the Registration Date and Time of 2010-05-28 10:59 the Covenant the CVRD CAO Russell Dyson is referring to in the Master Development Agreement?  The date appears to match up.  So how come this subdivision proceeded if the Covenant is in place?

Posted in Conflict of Interest, Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc., UBID

Union Bay Improvement District Board In Camera Meeting Minutes July 27, 2016.

The questions these in camera minutes raise – it’s shocking to see the problems caused by Jacques and Loxam – now we get a glimpse into the antics that caused Trustees Molstad, Alcock and Webb to resign.  Union Bay has been in a mess since the resignations.

It should be noted that Trustees Loxam and Jacques claimed a lengthy discussion took place at the June 6, 2016 in camera meeting regarding the possibility of McMahon offering land (for the permanent water treatment facility) and yet those minutes do not indicate any discussion as described by Loxam.

It makes me wonder why Loxam and Jacques were so anxious to approve those very minutes which they rely on to back up their claim about being given authority by then Chair Carol Molstad when the minutes clearly display no such discussion or authority took place.

Why didn’t they put forth a motion to amend those minutes if their claims were true?  Instead it states:

3.  Approval of Previous Meetings’ Minutes

Motion 2016-07-27-02:  Moved by Jacques and Seconded by Loxam to adopt the minutes of the In-Camera meeting held on June 6th, 2016 as presented.        CARRIED

How anyone can believe the community is better off with this board instead of joining the Regional District must be mentally challenged.

We are in the same position we were a year ago when the three trustees resigned.  Instead of having any trustees with experience/knowledge we have five neophyte trustees and an Administrator with zero government experience and a chip on his shoulder refusing to even consider the thought he might have made a mistake.  We are at the bottom of the barrel.

Note:  These minutes have not been signed and were provided by the Admin to a fellow landowner who submitted an FOI request.

Note: the above claim by Loxam that the request was made to KIP so that UBID had something on file in writing from McMahon.

That’s certainly a different story from the rambling nonsense at the May 2017 meeting about why Loxam and Jacques approached McMahon.  Loxam and Jacques claim they had the authority to act by then Chair Carol Molstad.

 

NOTE:  the confidential memorandum to the UBID Trustees concerning the CVRD’s letter dated July 20, 2016 to KIP was not included with the minutes in response to the FOI request.

What kind of crap was KIP trying to pull with this guy John Peebles   http://www.drcoell.com ?  This real estate appraiser was provided a SIGNED copy of the  Memorandum of Understanding by VP Brian McMahon prior to July 26, 2016 and yet it is the same document he refused to provide a signed copy to UBID and advising UBID in an email July 27, 2016 of his refusal to sign claiming he wanted the CVRD to complete a legal review.  No government department was provided with a signed copy.

NOTE:  The following screenshot was taken July 18, 2016 on the website owned by Lone Jednorog.  McMahon responds to question as to whether he has ever put in writing the offer of land.  There has never been an offer of land by KIP to UBID until the letter of June 7, 2016 provided by Loxam and Jacques contrary to the numerous times McMahon has made the statement.

NOTE:  The following documents were not included in the minutes provided above by the Admin in the FOI request.

NOTE:  The following resignation letters were not included in the above minutes provided by the UBID Administrator as a result of a landowner’s FOI request – which took 2 months for the Admin to respond when an FOI is required to be responded to within 30 days.  Another thing this Admin is ignorant of.

Posted in Conflict of Interest, Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc., UBID

Union Bay Improvement District Board In Camera Meeting Minutes From June 6, 2016

Remember this statement by Jacques at the April 2016 AGM promising to work with the facilitator?

So that was April 2016 and then on June 6, 2016 Jacques and Loxam both voted against the Memorandum of Understanding put together by the Facilitator James Mattison who the VP of KIP managed to get appointed when he went crying the blues to Liberal buddies Don McRae and Peter Fassbender.

Why wasn’t the “briefing note” presented by Jacques and Loxam included in the minutes of the FOI request?