Conflict of Interest and Election Donations

The Community Charter defines a conflict:


100   (2) If a council member attending a meeting considers that he or she is not entitled to participate in the discussion of a mater, or to vote on a question in respect of a matter, because the member has

     (a) a direct or indirect pecuniary interest in the matter, or

     (b) another interest in the matter that constitutes a conflict of interest

and defines how a conflict can be created:

Restrictions on accepting gifts
105 (1) A council member must not, directly, accept a fee, gift or personal benefit that is connected with the members performance of the duties of office.

   (2) Subsection (1) does not apply to
     
     (a) a gift or personal benefit that is received as an incident of the protocol or social obligations that normally accompany the responsibilties of office,

     (b) compensation authorized by law, or

     (c) a lawful contribution made to a member who is a candidate for election to a local government.

It is very clear that that a contribution to a candidate is not legally a conflict of interest. Some people will claim that a candidate who has accepted a donation may act in conflict knowing that they would not receive a donation next election and is a direct pecuniary interest. 

Well, there is an avenue for a citizen or group who believes in this strongly and that is taking an action under the Judical Review Act. It costs about $300 to file and there may be other court or legal costs to consider.

In the Onni development since the "statutory act of Government" that would be challenged is the bylaw authorizing the OCP and zoning changes, success would mean the process would start again without the participation of the Mayor or Councillor Buchanan.  Even if it failed, it would put a pause to the development until the judge's decision.

Personally, I don't see a win here or I'd be in Vancouver filing papers right now. Even without the exception for election donations, I don't think the claim that this $5000 influenced the Mayor to do something that he would have done anyway has merit.  I think if there was a thousand floor building on 14th and Lonsdale, he'd marry it.

After the Monday meeting, I asked Onni VP Beau Jarvis if the measly little donations was really worth it considering they raise up the opposition to the project.  His angry reply, almost frothing at the mouth was hardily rational.  "What about Clark's conflict of interest? What about the lobby group Voices conflict of interest?"  He repeated lines like this several times, I backed away from him carefully, keeping my eyes on him.

Rod Clark was not paid by Onni or a subcontractor of Onni to directly or indirectly, accept a fee, gift or personal benefit that is connected with the member's performance of the duties of office.  He was paid to perform a job on a construction site.  Had Rod voted for the Onni project then the matter would deserve a look but he voted and spoke against Onni. How could a rational logical person make a claim of conflict?

The other conflict claim against Voices isn't even sane.

Onni`s Corporate Welfare

Onni created their mess. Why are we bailing them out? Corporate welfare at it's worse. Extremely good letter in the North Shore News on Sunday.

My letter to Council

To City of North Vancouver Council

I would like to register my opposition to the Onni development proposal.  The OCP has already limited zoning to 180' which is 60' above what I believe it should be set at.  

Tonight we will hear from a lot of people in support who will personally profit from this project.  We will also hear from people who think this project will provide them with affordable housing who don't realize that the 12 units have been promised to a non-profit society.  We will hear from the hipsters from across the Lower Mainland who want to Yaletownize downtown North Van.  We will also hear from actual residents of North Vancouver who mostly oppose this project. I spoke to one this morning who said she is sick and tired of the never ending disruption to our downtown to build a wall of towers that divide the east and west parts of our city.  Lonsdale will become a large canyon. 

I was also quite dismayed after talking to a Councillor about a week ago and being told "It's so far along the process I have to vote for it."  No wonder why a lot of citizens think the system is rigged. We need to hear from the public closer to the beginning of the process which stays mostly in the backrooms until it's too late to scrap a bad project all together.

I also don't believe that the City has received sufficient value for the extra density it will allow, it's really corporate welfare. Onni gets the profits from 194,427 sq ft and the City gets $15.63 million in amenities. If the City gets $5.3 million from the sale or leasing of the child care space and $5.1 million for the sale or lease of the adaptive housing, I'd be very surprised.

I'd also be surprised if the City gets any value for the 47,000 sq ft it has given to Onni designated as "Employment Generating Office Use".  Onni and staff didn't even guess on the benefit actually received.  I've heard talk that the business community is desperate for this kind of office space but I heard the same talk when developed the old North Shore News site and two years after completion it stays almost empty, they have only rented to a temporary presentation center to sell condos for the Prescott.  That site also provide this "desperately" needed office space and will be available before Onni.

George Pringle

1617 Grand Blvd

Hell freezes over

I've said that the time that Mayor Mussatto would say "that's too much density" would be when Hell froze over.

This morning Satan skated to work after Darryl voted against a massive project on Western. A resident broke down in tears over the treatment that her and young daughter had endured at the hands of the developer who arrogantly explained that they should have had final approval six months ago so they to rent to an all night party crowd  that even the cops could not stop to pull some extra money was necessary.  I wondered if the owner did so to punish the local residents for their opposition to his scheme.

The rabid defense of the indefensible Onni Safeway project shows that the Mayor and his Vision North Van party has not checked into a program for density junkies so all the hipsters in Surrey who dream of flooding into the new Yaletown, don't worry.

NOTE:  The second public hearing for the Onni Safeway development is six days away on March 11th.  The sign up sheets to make a five minute comment will be out at 4:30 pm and there will be a Yes and No sheet this time to diminish Onni's manipulations.

Onni Public Hearing II (With Brand New Shiny Rules)

The public hearing will be on the 11th of March.

Neither rain or snow or sleet should stop you from attending and giving Council your opinion.

Take a nap in the afternoon as it will go late.

Should the CNV be dealing with Onni ever?

http://www.biv.com/article/20130214/BIV0121/130219966/life-in-the-village-pays-off-for-local-webzine-editor

For North Van people who closely followed the Onni saga, you probably noticed a food webzine run by a hipster from Surrey who incessantly railed against the nimbies and those opposed to Onni.

Strange articles for a foodie webzine? With the several scandals surrounding the PR dept of major developers, one wonders if Onni is paying the owner of this site and others.

On a local North Van blog one commenter though the guy sitting next to him at the Public Hearing, who spoke in favour of Onni was an extra on Supernatural so was a paid actor delivering Onni's script.

More scandals. Real estate firm apologizes after employees pose as buyers in news stories,

Real-estate media manipulation trend emerges,

Last May, the North Shore News caught Onni's PR Department writing fake letters to the editor.   http://www.nsnews.com/Cheap+trick/6686168/story.html#ixzz2EFmkXyoA  

Some surmise that the developers and real estate agencies think the bubble is about the burst and they most get their snouts in the trough for a last binge before a lean decade.

After their shenanigans at the Public Hearing, one thing is clear.  Onni is not an honest company that the City of North Van should be involved with.

We will be going into a second public hearing on this development shortly.

Things get a lot more serious when you start scratching the surface of the family founded Onni.  What exactly is Mayor Mussato's relationship with the De Cotiis family. Siblings of the De Cotiis family own the Onni Group, Pinnacle International and Amacon. They are responsible for most of the big conversial land developments in North Vancouver. http://www2.canada.com/theprovince/news/story.html?id=fca1081a-8ba6-4568-a42c-e23962a6d3bc

Reality TV should check into the doings of the De Cotiis family for their next big show. Rich Families in Court.  I've been in bcjustice.com reading about their adventures in court suing each other.

A Michael De Cotiis of Pinnacle was charged in Ontario for illegal campaign contributions.  Here they made large legal contributions to the Councillors who have loudly supported Onni, Pinnacle and Amacon projects.

Wake up Council and end your dealings with this group.