The Drake's Seat vendor controversy has taken a new turn, with both the governor and a senator announcing plans to purchase the overlook property owned by the estate of the late Homer Wheaton.
They may have to get in line behind the Nature Conservancy and the Tax Assessor's Office, which shows at least $145,000 in back taxes owed on the properties.
On Monday afternoon, Senate Finance Committee Chair Alicia "Chucky" Hansen asked the Legislature's legal counsel to draft a bill for the purchase of parcels of land at Estate Zufriedenheit, adjacent to Drake's Seat.
And on Monday evening, Gov. Charles W. Turnbull said in his State of the Territory address that he would pursue plans to purchase the Wheaton property. He said he wanted to "preserve this picturesque green space from overdevelopment and to construct a scenic overlook facility…"
On Tuesday morning, both parties said they were unaware of the other's intentions. James O'Bryan, assistant to the governor, said although he had not seen Hansen's proposal, "we are pleased that she is of the same mind." Hansen said when she sent out a release Monday describing her plan, she had "no idea of the governor's approach."
Hansen's release said that her research found that the owners of the properties adjacent to Drake's Seat owe the V.I. government approximately $230,000 in back property taxes. Hansen proposed an exchange of the property in lieu of the money owed.
She said the actual Drake's Seat area that is the focus of the vendor controversy already is the property of the V.I. She said, "It is unfortunate that the media continues to report that Louisenhoj, or Drake's Seat, is private property, when it is not."
The road passing through the Drake's Seat area apparently divides estates Louisenhoj and Zufriedenheit.
Hansen said, "I am going to request a meeting with the governor to discuss the best approach — maybe he wasn't aware of the money owed." Hansen also provided legislation passed last year — an amendment of Sen. George Goodwin to Act No. 6360 — that appropriated $250,000 from the Industrial Promotion Fund to be used for the acquisition of two acres of property at Estate Zufriedenheit, adjacent to the area known as Drake's Seat, to develop a tourist center with permanent bathroom facilities. No action has been taken on the amendment.
Bill Otto of David Jones Real Estate, the realty firm representing the Wheaton estate, expressed surprise at Hansen's claim of back taxes owed on the property and at the legislation she has proposed to purchase the property. "There are no negotiations going on behind my back," he said.
"We have a letter from the government," he said, "acknowledging estate taxes for the last calendar year that are not paid, are not deemed delinquent in terms of penalties or interest."
He added, "If anything, the taxes are always current."
Otto said he had no knowledge of any Finance Department's delinquent tax record. "I believe the letter was signed by Bernice Turnbull," he said. When contacted Tuesday, he did not have the records at hand.
O'Bryan said the governor has been in negotiations with the Wheaton estate. He cited the $250,000 as a start toward the purchase of the land which he said is "worth millions, based on what I've heard."
According to Tax Assessor's Office records, the value of one of the parcels of land in question at Zufriedenheit was assessed in 1999 at $5,929,195, with a 1999 property tax of $40,719. Records at the Department of Finance Treasury Division show three years of unpaid taxes on that property, totaling $145,884, and the interest goes up each month, a Finance Department spokesman said.
O'Bryan said the governor would "consult with Licensing, Public Works, the police and the Highway Administration." He termed the governor's plan a long-range one which would be open to public comment because of "the sensitivity of the issue."
Would the plan accommodate vendors? "If the governor could accommodate the vendors, he would," O'Bryan said. He emphasized that Turnbull wants a site "tasteful to the eye and accommodating to the environment."
The local government isn't the only party seeking to acquire the Drake's Seat property. Carol Mayes, V.I. Nature Conservancy director, has been anxious to protect a large chunk of the Wheaton property between Drake's Seat and Magens Bay. Bill Jowers, general manager of Magens Bay Authority, said the Nature Conservancy tried last year to find money to buy the land.
Mayes said Tuesday that she couldn't comment on any ongoing negotiations. But she said she has been working with the government on protecting the area. "The Magens Bay watershed is one of the most significant historical and cultural areas in the Virgin Islands," she said. "We remain committed that the Wheaton tract be conserved for the people of the Virgin Islands."
The Nature Conservancy owns 75 acres of preserve between Estates Peterborg and Canaan.
Chad Messier, attorney for the Wheaton trustees, confirmed the estate is in negotiations with the V.I. government.
U.S. District Court Judge Thomas K. Moore on Friday suspended a 1985 preliminary injunction issued by the court that had barred the V.I. government from evicting the vendors from Drake's Seat. Following that ruling, Turnbull vetoed legislation allowing vendors to use the site.
Meanwhile, Otto said that Christine Wheaton has been "very distressed" over the vendors' actions and the "public perception that there is a hidden agenda against working people."
Christine Wheaton has never intended to deprive anyone of making a living, he said; she merely wants to follow the wishes of her husband and her uncle — that the property be used for the enjoyment of the people of the Virgin Islands.