A Lantzville councillor accused of conflict of interest has responded to his accusers.
Coun. Bob Colclough’s legal counsel officially submitted a response to a B.C. Supreme Court petition, filed by 12 Lantzville residents, calling for his removal from office.
The petitioners claim Colclough was in conflict when he voted on motions relating to the Lantzville-Nanaimo water agreement and the proposed Foothills development project by Stone Mountain Development's subsidiary Lone Tree Properties, including approving the construction of a water pipeline to the border of Nanaimo.
Colclough said he has a co-development agreement with the Foothills developers dating as far back as 2006, in which Lone Tree supplies him water and other infrastructure, adding it has been approved by the district multiple times.
“All three subdivision approving officers over the last 10 years have looked at this,” he said. “They all interpret the bylaw the same and they all say the development complies. It’s just that simple.”
Colclough said the Foothills development does not hinge on getting Nanaimo water since it has a well that can supply water to the property. He said he wouldn’t be benefiting financially from the agreement either because his property already has water.
“The water agreement has nothing to do with me,” he said. “I have approved water. There are subdivisions approved. Whether or not the district goes ahead with the City of Nanaimo water agreement makes no difference to me personally at all.”
According to his statement of defence, Colclough was not in conflict when he voted on tendering the pipeline because it wouldn’t have resulted in him “getting a new water connection” from Nanaimo.
The first-term councillor declared a conflict on a motion during a Jan. 25 meeting, but said it had nothing to do with the Foothills. A motion about the Foothills was made afterward while Colclough was outside of the council chamber.
“I stepped out because it was a boundary amendment on the property adjacent to mine,” he said. “I didn’t want somebody to think I was benefitting or I was opposed to it or something.”
During an Oct. 12 meeting, Colclough voted to receive a report detailing the history of a subdivision bylaw and the Foothills. According to the petitioners, Colclough violated the Community Charter because he didn’t get legal opinion prior to voting since he had declared himself in conflict on Feb. 10.
However, Colclough’s legal response states he shouldn’t have declared himself in conflict during the Feb. 10 meeting and chalks up his decision to inexperience as a councillor.
The district’s own legal counsel found Colclough not to be in conflict with regards to the water agreement in September.
Bob Colclough Response to Petition by Nanaimo News Bulletin on Scribd