Mayor Rowe has told The Coast Clarion he was involved in crafting the restrictions on the use of the property.
The nephew of long-time Gibsons residents Thor and Mildred Christenson fears Gibsons Mayor Wayne Rowe may be subverting their final wishes about selling their property to the town. They sold it on condition it would be used for non-profit purposes only.
The Town of Gibsons recently agreed to sell part of the original property to Trellis Seniors Services for $2.24 million for the development of a for-profit long-term care facility.
Louise Carroll, whose late husband Denny was the executor of the Christenson estate, has supplied The Coast Clarion with documents showing Rowe’s law office’s involvement with the sale and the restrictive conditions.
Rowe has confirmed his involvement. “As the legal representative for Mr. Christenson, I was involved in crafting the original restrictions in 1993 under a right of reverter. In 2005 the then Mayor and council requested the release of the reverter and agreed to substitute it with the present covenant which was prepared by the Town’s solicitors,” he wrote to The Coast Clarion.
The January 16, 1993 sales contract states that “It is a condition of this Contract that the uses of the above lands be restricted to the following uses, namely, public park, public playground, community centre, public school, police station, library, community health facilities or non-profit housing for seniors. These restrictions as to use are to be incorporated in the transfer of Title (. . . )”
The 2005 section 219 covenant which replaced the conditions state the same.
At the time, there were no for-profit long-term care facilities in B.C.
The family believes that if there had been for-profit facilities, Thor and Mildred would have excluded them in their conditions.
“They were good people,” nephew Bill Merilees said this week from his home in Nanaimo as he described how the late Thor and Mildred Christenson sold their property to Gibsons at a substantial discount.
Thor and Mildred bought the property on 571 Shaw Road in 1947. For years, Thor had a butcher shop in Lower Gibsons. In 1993, Thor decided to sell the land to the Town of Gibsons for $195,000, reportedly less than half its market value at the time.
Former neighbour Louise Carroll, who now lives in Roberts Creek, recalled that Thor told her realtors had repeatedly offered him $400,000 for the property; they wanted to use it to build condos.
But Thor wanted to ensure the property “would not be flipped or developed for profit,” Bill Merilees said. “Thor’s wishes were stated very strongly. He put his faith in Wayne Rowe that this would not happen.”
Thor and Mildred, who had no children, were very fond of Mildred’s eight nieces and nephews, who often visited in the summer. But after they passed away, the money in their estate went to the Salvation Army and Kiwanis Lodge. “That’s how strongly they felt about giving back to the community,” Bill said this week.
He recounted how he and his wife took Thor’s ashes to Sweden after his death. “I did that at my own expense, as we were very close.”
Rowe knew the family well. According to a 1992 letter Bill Merilees sent to the nieces and nephews, Rowe was Thor and Mildred’s lawyer. Heather Merilees, Bill’s sister, recalled this week how her mother Eva, who had power of attorney for Mildred, reported to Wayne Rowe. After Mildred passed away, Rowe became the executor of her estate. Thor’s affairs were being managed by power of attorney by neighbour Louise Carroll, arranged by Rowe.
The not-for-profit Good Samaritan Society acquired part of the property from the town to build Christenson Village, a facility for seniors care, in 2005.
The town of Gibsons recently agreed to sell the remainder of the property to Trellis Seniors Services. “We carefully considered several factors, including the immediate need for long-term care on the Coast as expressed by both Vancouver Coastal Health and the physicians; the potential for over 150 jobs in the area such as care workers, trades and businesses; and support for the Town’s tax base,” Mayor Rowe said in a release announcing the pending sale.
“Equally important was honouring the wishes of the Christenson family who dedicated this location for seniors care,” he wrote in the release.
Of the eight nieces and nephews who were Thor and Mildred’s closest family, one has died and two have moved away. The remaining five, plus several other family members, attended a celebration of life for Norma Landstrom’s husband Kel Landstrom last Saturday. They all oppose a for-profit care facility on the land because they are convinced it is not what Thor and Mildred would have wanted.
Heather Merilees said that “for personal reasons, we cannot spearhead a fight against a for-profit facility, but we support the group that does.”
Very interesting and important article. It makes it clear that the intent of the Family that bestowed the benefit on the Town of Gibsons was not to have the property sold to a private, for profit corporation. Too bad the Town did not pick up the phone before proceeding. It may also put the Mayor in a rather uncomfortable position. From the Law Society : ” Having once acted for a client in a matter, a lawyer must not act against the client in the same or any related matter”. It appears from past statements that Mayor Rowe does not appreciate the difference in a non-proft charity such as Good Shepherd and a private company as he said there was no difference in explaining the Town’s position to the Coast Reporter. In failing to differentiate, has he acted against the client’s interests ? What happens if the deal is completed and legal action takes place delaying and possibly barring Trellis from proceeding ? If Trellis purchased the property on the Town’s assurance, would Gibsons be subject to damages ? When a huge number of people sign a petition and packed public meetings to denounce the privatisation , why in the world would the Town step into the morass? In the meantime the fallout of the decision by VCH has accomplished one thing — delayed new and very much needed long term beds. Another part of the depressing legacy left by the BC Liberals.
We oppose privatization for profit of all health care facilities on the Sunshine Coast. Consider how the 11.6 acres of the Sechelt hospital property could be rearanged to accommodate a long term care facility. Perhaps by building vertically as condo style.
I’m wondering what will happen to the land if it is no longer used for a seniors’ residence. Say, forty years from now, most of us baby boomers are gone, and there aren’t enough seniors to fill existing seniors’ homes, due to the succeeding generation having a lower population, so Trellis decides to sell the land and the building. Will whoever buys it then be able to build condos, or whatever, since it is now private land?
Ha! Crazy. The remaining family members should receive all monies from this sale should the for profit sale go through! My two cents.