The Northern Supportive Recovery Centre for Women requested the rezoning of its proposed Leslie Road location be added to city council's agenda at the last minute, according to city planning and development manager Dan Milburn.
On Monday city council approved by a 5-3 vote the rezoning for the controversial women's addiction centre in the Haldi Road area. The rezoning was a last-minute addition to city council's agenda and no public notification was given.
Approval of fourth and final reading of the rezoning could not come before city council until a covenant - a binding agreement - requiring the building on site be detached from the existing well on the property was registered on the property's land title, Milburn said.
"The applicant provided confirmation of registration of the covenant at 8:20 a.m. on Monday Dec. 12, 2011," Milburn said in an e-mail. "I then provided the following confirmation to the manager of legislative services [Walter Babicz] at 8:50 a.m. on Dec. 12, 2011 ... and also advised him that, 'The applicant has requested that final reading be added to tonight's agenda for council's consideration.'"
The Northern Supportive Recovery Centre was also required to provide the city a $20,342.90 security deposit to ensure a number of upgrades to the property's frontage will be completed, Milburn said, which it did on Nov. 14.
Milburn said he approved a draft version of the covenant on Nov. 24.
A title search of the property at 5877 Leslie Road shows the Northern Supportive Recovery Centre for Women filed the covenant with the Land Title Office on Dec. 2 at 11:03 a.m.
Land Title Office spokesperson Liza Aboud could not comment, as of press time, on when the covenant was registered on title. However, she said, it can take up to six business days after a covenant is submitted.
Proponent responds
In an e-mail Marshall Smith, project manager for the Northern Supportive Recovery Centre, said the centre attempted to get the rezoning on the published agenda, but delays at the Land Title Office prevented that.
"We have done everything in our power to ensure that we comply with the conditions set forth by council," Smith said. "We received final registration of the covenant that was required by council on Friday; this resulted in the late addition to the agenda."
Aboud could not comment as of press time on any delays by the Land Title Office regarding the covenant.
Smith provided the Citizen copies of e-mails showing the work done by the Northern Supportive Recovery Society to get the rezoning onto the regular, published agenda.
In an e-mail dated Friday at 3:09 p.m., Heather Sadler Jenkins LLP paralegal Allison Vaughn informed Smith that the covenant had been registered on title at the Land Title Office.
David McWalter, president of L&M Engineering - the consulting firm managing the rezoning application for the centre - forwarded a copy of the registered covenant to Milburn at 4:44 p.m. on Friday, according to an e-mail provided by Smith.
The day before, Thursday, McWalter explained the opportunity to get the rezoning back on the agenda in an e-mail sent to Heather Sadler Jenkins lawyer Grant Zimmerman and Smith.
"Dan Milburn called to say that he is 55 minutes past the 11th hour. Dan has consulted with [city manager] Derek Bates, and it is their collective decision ... to yank the fourth and final reading from the Monday city council agenda," McWalter wrote. "Marshall is extremely disappointed that this occurred. However, there is a small window of opportunity. If the covenant is registered at Land Titles, and we can provide the evidence of this registration to the city (Dan Milburn) prior to 1:30 p.m. on Monday 12th December, the city will re-add this item to the agenda as a 'walk on' to the Monday council agenda. We cannot afford to fail."
Smith declined to comment on why it was crucial to have the rezoning considered Monday.
Decision complies with law: mayor
Mayor Shari Green said nothing in the Local Government Act requires public notification for fourth reading of a rezoning bylaw.
"The public consultation was concluded on third reading," Green said. "It's just a regular agenda item. It should be treated as any other application that we have."
Green said she did not participate in any discussion about adding, or not adding, the fourth reading of the bylaw to the agenda.
Green withdrew herself from debate on the issue, after declaring a perceived conflict of interest in the matter because Smith was a core member of her election campaign.
"There are often amendments to the agenda," she added.
City council has considered 15 last-minute additions to council agendas in the last 12 months.
However, opponents of the proposed 30-bed women's addiction treatment centre and several members of city council expressed concern about the perceived lack of transparency on Monday.
Deferral considered
Coun. Brian Skakun said he considered moving to have the rezoning moved to city council's next meeting on Jan. 9, but didn't believe it would be supported.
"The thought had definitely crossed my mind. [But] I didn't see it going anywhere," Skakun said. "I had talked to the mayor prior to the meeting and left it at that."
Discussions with staff
Skakun said he chose to participate in the debate - despite having solicited funds from members of the Haldi Road community - after having discussions with city administration and his lawyer.
In early October Skakun sent an e-mail to a community mailing list soliciting donations to his legal defense fund. Skakun began soliciting funding for his legal defense in July 2009 when he was charged with violating the Freedom of Information and Protection of Privacy Act for releasing a confidential city human resources report to the CBC.
Currently Skakun is appealing his conviction under the act to the B.C. Supreme Court.
Because he made no promises in regards to any potential donations, Skakun said, he did not believe he was in a conflict of interest in voting on the issue.
"I knew where I stood, but I wanted to confirm this," he said.
