-Council wants more information on group's claims-
OSOYOOS TIMES-March 4, 2009-
By Karen KnelsenrnOsoyoos Times
Allegations of conflict of interest have been raised against Mayor Stu Wells by a group of Osoyoos residents.
On Feb. 18, Osoyoos Town staff received a letter, written and signed by the Concerned Citizens of Osoyoos, led by Robert Schuster, Jean Clarke and Ray Vandenberg, alleging Wells has a history of conflict of interest votes from when he served as councillor.
The group claims Wells made at least 23 inappropriate votes since he was elected councillor in 2005 including several favourable votes for developments they allege he had interests in.
One of the allegations is that Wells voted in favour of projects owned by friends or associates including Michael and Donna Mortimer that he should have recused himself from when it was time to vote.
The group also alleges Wells has a mortgage on a property that would be connected to the Northwest Sewer Project.
Wells has raised motions and voted in favour of the project several times.
When the allegations were addressed by Osoyoos town council at a Committee of the Whole meeting on March 2, which was attended by Schuster, Clarke and Vandenberg, Wells denied the allegations.
Obviously I have strong reservations about what's taking place, he said, adding he considers the claims untruths.rnIn a written statement issued on March 2, Wells countered the allegations.
In response to the claim that Wells had financial interest in the development of what was originally called the Oasis Marina, or Gateway Marina project on Lakeshore Drive, Wells said: First of all I was not even on council when the first, second and third readings approving this project were passed. Those votes took place in October and November of 2005, before I was elected to council.
Wells also said the allegation that he pays a mortgage on his home to a company owned by local resident Michael Mortimer, who is also co-owner of Vista Norte Development Ltd., which had proposed the Oasis Marina/Gateway Marina/Las Ventanas is not correct.
The home I live in is owned by my mother, Wells said in his statement. I am a part owner, along with Mr. Mortimer and an Oliver resident, of a company (Palmilla Properties) which owns a property in the Regional District Okanagan-Similkameen, just north of Osoyoos” and the three of us, through Palmilla Properties, pay mortgage payments on that property.rnOn Feb. 2, before the Town learned of the allegations, Wells received an anonymous email, signed by the Coalition of concerned citizens of Osoyoos, asking for his resignation.
We are a group of electors in Osoyoos who have been made aware of some disturbing issues surrounding your tenure on Town Council, the letter reads. We are suggesting that you should resign your position as Mayor of Osoyoos immediately or face legal action that we are ready to proceed with in the next few days.
If you decide to resign as Mayor of Osoyoos, we will not proceed with legal actions against you.rnWells said he brought the email to the attention of local police.
Wells and Mortimer successfully sued Schuster, a former owner of the now-defunct Okanagan Sun newspaper, for $30,000 in 2007.
Schuster claimed bankruptcy the same year, however, and the claimants received no money.
Ray Vandenberg did act as campaign manager for Eike Scheffler, Wells' opponent in the November municipal election.
Vandenberg said, however, the election has nothing to do with the allegations brought against Wells.
At the committee meeting, Barry Romanko, the Town's chief executive officer, advised Wells and the councillors in attendance, C.J. Rhodes and Michael Ryan, that the Town could refer the matter to the B.C. Supreme Court, which is the only body that has the power to remove an elected official from office or take other disciplinary action.
But Romanko cautioned council not to make snap judgements.
You're going to need more information to make a decision.
Romanko also said legal advice sought by the Town recommends having a public process for dealing with the allegations.
But he added that debates on the matter should be closed to the public.
Romanko said taking the allegations to the Supreme Court would effectively involve the Town in legal action against the mayor.
Rhodes said he was concerned about the cost to the taxpayers regarding legal fees and he isn't comfortable making any recommendations on the matter until he knows more about the situation, including Wells' side of the story.
So anything that progresses beyond today should be to get more information, he said. The taxpayers of this town have already begun to incur legal costs. I'm not happy with that situation.
Ryan agreed and added the importance of putting this behind them as fast as possible.
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