Some opponents of the controversial George Hotel and Residences project are questioning why Gibsons councillor Stafford Lumley was not present for two important votes on a road closure bylaw that’s key to moving the project forward.
The bylaw to close a portion of Winn Road in exchange for the developer creating a public plaza of equal size between the project’s two main buildings was given three readings June 20, and was up for adoption July 11.
Project opponents want to know if Lumley missed the votes to avoid a potential conflict, following complaints to the BC Ombudsperson. If that’s true, it would leave only three of Gibsons’ five councillors eligible to vote on issues related to the development. Coun. Silas White has already recused himself on the grounds that the project could impact his home.
One of the people who filed a complaint alleging conflict of interest on the part of Mayor Wayne Rowe and Lumley provided Coast Reporter with a copy of a response dated May 25.
The letter indicates the Office of the Ombudsperson did not find anything to suggest a conflict in the fact that Rowe’s law office handled some of the paperwork for land transactions on behalf of Klaus Fuerniss Enterprises, the developer behind the George.
It was less clear on the complaint against Lumley, which alleged he is in conflict because of comments made during a May 2014 presentation to council, several months before he declared his candidacy in the 2014 election.
Lumley, a restaurateur, said a project like the George had the potential to turn the money-losing winter months into a profitable season. He told the council of the day that his rough estimate was that the hotel could mean about $11,000 per month in extra revenue.
The letter says, “Even if these projections were hypothetical, his presentation strongly implied that he believed it was more likely than not that the George Hotel would benefit his business.”
However, it also says, the Ombudsperson’s Office has determined Lumley’s participation in votes related to the project so far was not crucial to the final outcome because all of those votes were unanimous. There is also a recommendation that “he consider recusing himself from further discussions on matters in respect of the George Hotel application until he receives legal advice to the effect that he does not in fact have a conflict.” Neither Lumley nor Town officials will discuss if that advice has been received.
Gibsons chief administrative officer Emanuel Machado said the Town can’t comment because “we have been advised by the Ombudsperson’s Office that this information remains confidential and therefore we cannot respond.”
Lumley told Coast Reporter that he’s not able to talk about the letter for the same reasons, but he did offer explanations of why he wasn’t present for the July 11 vote, and had to step out of the June 20 meeting.
During the June 20 meeting, Rowe called for a recess just as the staff report on Winn Road was being introduced, and asked to have a word with the corporate officer. When he called the meeting back to order, he said he needed to check on a “procedural matter.”
After the staff report was delivered, but before any debate or vote, Lumley left the meeting, saying he wished to be excused to make an “emergency phone call.” He never returned.
Lumley, who could be seen checking his phone several times during the meeting, said this week that he had to deal with a family matter.
He also said he was hoping to make the July 11 council meeting, but had to be at his restaurant, Smitty’s Oyster House, for the filming of a TV segment for recently retired NHL player Paul Bissonnette’s series, Biznasty Does BC, which didn’t finish in time for him to be at Town Hall.
Lumley and Machado both said they will be able to comment more fully on the letter when the results of the Ombudsperson’s investigation are officially made public.
