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Did Recent WIDC Stories Uncover A Possible Unrelated Conflict

Tuesday, April 2, 2013 @ 3:45 AM

Was a significant second issue raised as a result of the National Post’s recent interview  with Brian Fehr on the matter of the Wood Innovation Center? 

The National Post  article  says Brian Fehr described Prince George Mayor Shari Green as an "old friend". The article  then went on to say that Fehr had received a hand written letter from Shari Green dated April 30th ,2012 in which (according to Fehr and the National Post) she went on to say. " Brian : I just wanted to send you a quick note to give you my support over the outrageous comments Pat Bell made about you when I met with him a few weeks ago in Victoria" . 

"I felt compelled to tell you because it was shocking , to say the least, to have him tell me you are a drug addict and that you are dangerous. I don’t know if he thought that would intimidate me or was an attempt to sway me against you, but it failed miserably".

There certainly is nothing wrong with supporting an "old friend"  unless that support could place you in a possible conflict of interest. 

In 2011 ,  the  company 911408 BC ltd. had an  application before City Council requesting a zoning change for the old Haldi Rd school to convert it into a women’s recovery center. That company, in part, is owned by Brian Fehr. The first attempt at a rezone was tossed out by the courts and it has prompted an application for a Official Community Plan change along with a re zoning application for the recovery center.  The cost per person at the center has been stated as around $6500.00 per month to stay at the facility.

The re zoning has yet to receive fourth reading and herein lies the question; When should the Mayor excuse herself from voting on the matter?

In keeping with the provisions of the Members Conflict of Interest Act,  the Community Charter of B.C. , Section 100 , Disclosure of Conflict , requires a council member to declare a conflict of interest if  he or she has a direct or indirect pecuniary interest in a matter under consideration. A member must also declare a conflict if he or she has some other, non pecuniary type of interest that places the person in a conflict position (eg;bias). This could include any benefit obtained by relations. close friends , or associates of a member who is in conflict . 

Examples may include a rezoning application .

That section raises questions. If a rezoning application by 911408 BC ltd was being supported by a "close friend" as Fehr is said to have described the Mayor, and Mayor Green’s comments in support of Fehr following her meeting with Pat Bell  as detailed in the letter  quoted by the National Post, should the Mayor have excused herself from voting on the matters involving  911408 BC Ltd? 

There is no doubt that if the rezoning application is successful the owners of 911408 BC LTD. would be in a position to see their investment improve. 

A further question arises that if Mayor Green were to find herself in conflict , what then happens to the past votes on the matter of the changing of the OCP and the re zoning application because the validity of those votes must then come into question?

A case in point can be found in the Public Hearing , Chaired by Mayor Green, during which it was outlined  comments from the public  on the OCP  change would be limited to 5 minutes per presentation.   Those  presentations could be  completed once everyone  had had  an opportunity  to  speak.  Manager of Legislative Services, Walter Babicz  advised  Council and the gallery that night, that the B.C. Supreme Court has "held that a 5 minute time limit for speakers at a hearing is a reasonable procedure especially if the  Chair allows speakers to return  a second time to finish their submission  after all members of the public  wishing to speak have had a first opportunity to do so."

It should be noted it took 6:58 for  the Mayor and Mr. Babicz  to explain the rules about why everyone would be limited to 5:00 minutes.

While there were favorable comments towards the center, the bulk were opposed to the zoning change and only one meeting was held into the change of the OCP in spite of the change affecting the entire city.

The WIDC may have raised some interesting questions, but the comments coming as a result of these most recent  disclosures raises many new ones not related to the downtown.

I’m Meisner and that’s  one man’s opinion.

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