Nine
Acres Revisited
April 25th, 2005
Halton Region - Georgetown -Although there was
no mention of a scheduled visit in the Town's Council Agenda - July 7th
2003 was the day Councillor Jane Fogal's brother, David McNally, President
of the North Halton Golf & Country Club went to council
- petitioning the Town to give him nine acres of Town owned property
abutting public conservation property with a nature trail, both properties
located around the publicly contested Mattamy Homes - Arbor Glen
subdivision.
McNally indicated he had a
series of meetings with town staff about his concerns and wanted to
bring council up to speed with what they've been discussing. McNally
started off informing council of - "the Town's beautiful asset
across the Street, and it was his duty to make sure it was
protected, representing the owners of the Golf Club".
Continuing on he stated - he
wasn't there to cause a problem, he was there to solve a problem..
if possible. He explained to council, how - "the land in question
that's going to be developed was previously owned by a group of
people, who, even back fifteen years ago, came to the golf club and
said - we'd like to donate that property to you when we do our
development.. it's not needed (for development)". Yet, Town records
indicate those owners never transferred the land in question over to
the North Halton Golf & Country Club.
McNally continued - "when the
property was sold, the people who owned it were good enough to pass
along their request to Mattamy Homes, and Mattamy Homes were more
than eager" he explained - "to honour that request as well. And we
received a memo from Mattamy Homes stating they would be more than
willing unless the Town blackmailed them out of it". Quickly he
corrected himself, adding - "they didn’t say that. The Town took the
property.. they'd like us to have the property".
McNally continued - "So we
thought that was great, we got two property owners that want to make
an agreement. It's like you living next to your neighbour and you
want some room for your hedge, and he says, I'll give it to you and
the Town comes along and says - no you won't, I want it", not any
different than what McNally was doing in his address to council.
He goes on - "I understand the
way it works. So I came out and I talked to Steve (Halton Hills CAO
Steve Andrews) and I told him my concerns. And Steve told me, he was
very candid with me, he told me - the Town was going to take the
property. And I mentioned that it didn't make me very happy and we'd
have to fight for the property.. for our rights. And I was also told
at the time that.. that he didn’t even know if he had any use for
the property, but, council was going to take the property to look
good,.. and I understand that too, it looks like you've taken
something from the developer. But that doesn't do me any good. So I
left a little annoyed. And then I came back and had another meeting
and we discussed,.. um .. I discussed with Steve (CAO Andrews) the
possibility that if we backed out of the situation, that, after the
Town acquired the property - let's say you're going to take the
property. You're probably going to win the property even though it
was offered to us, would you be willing to accommodate us, after the
fact, and give us a small strip. There's about nine acres of
property there, to protect our (golf club) boarders".
McNally added - "Now I'll tell
you our concern, why we want the property there, it's risk
management, it's is as simple as that. The property in question
backs onto two of our golf holes, thirteen and fourteen. And you
have quite a few members of staff that golf there. Golf balls are
being hit in there all the time. So we want some protection. I don't
think it's good for you to have the property or you're going to have
a liability if it's there. We want protection against vandalism. And
we'd like some protection along the boarders of our property, and we
thought we had this risk pretty much settled".
He continued - "Now I
understand the region is suggesting a trail system does not go
through there. Maybe I'm right or wrong on that, so I don’t know
what you are going to use for the property. I'm suggesting, or
looking for just some,.. some reassurance that the Town will at
least deal with us on this problem on this piece of property that
we've been offered but have not been able to receive because of the
Town's actions. And I'm looking for your reply on, some reply on
this, how we're going to solve this risk management process.
Um, I don't know how many people realized this process was going on.
Now at the time of us coming
and discussing that we wished to have this property, which was
offered to us, we had research done, and you can correct me if I'm
wrong on this, that showed that the Town had no interest in this
property. There's no trail system through there. Even on your trail
plan. There's no document, there's no documentation that you wish to
have this in some master plan at sometime".
Click here to see plan view
McNally continues - "So all I'm
really looking for tonight, and I know I can't get a definitive
answer, is, I want you to realize what has gone on. We had, we did
not write a letter because we've had at least six meetings out of
here. We were in the process as far as I was concerned. I meet with
Steve (Town CAO Andrews) twice. We met with the parks department. We
met with Bruce. And we came up with a scheme, just to bring you up
with the way it was left, and I'm just, want to try to get some
reassurance that it's on track, that it's not forgotten. And this
scheme was not guaranteed by Mr. Andrews or the parks department,
there's no guarantee from them. But this is what we talked about,
that, after you received the property, we could draw a line along
the boarders of,.. maybe a little piece that would protect us. And
in return we would ah,.. would also like to try and help the Town
out, as long as we weren't blackmailed, maybe give some money
towards your trail system. And presently we are also working on
helping you out, which I also think is a great idea with your
Remembrance Park watering system. It hasn't gone to our board of
directors but we are discussing doing the work and putting that
system in and you people supplying the raw materials. So what I'm
getting at is - one hand washing the other. And I know this
deal, I'm not trying to muddy the waters up on this deal -
I said that. But I just want to make sure when the deal is done,
everyone around the table knows that we do have a concern in there.
And um, we want everyone to know about it. And we want, I'd like to
know if, yes or no you're willing to help us solve the mutual
problem, the risk management problem.
Thank you."
After the council chamber
event, Town 2003-07-07 council minutes indicate councillors had a
series of in-camera meetings that lasted through the night, the
last of which took place in the early morning hours. See Council
minutes @
http://www.town.halton-hills.on.ca/civic/clerk/pdfs/2003-07-07.pdf
Also note: Committee convened
"In Camera" at 11:55 p.m. and reconvened into Open Session at 1:00
a.m. - section 10 (B) in camera vote regarding Resolution No.
2003-0213 of an undisclosed matter. Note - no conflicts of interest
were noted, so if council was voting on the future employment of
Steve Andrews over his interactions with McNally regarding any
issues over the nine
acres, three councilors should have declared a conflict.
Also note - section(s) 9 (B)
(C) (D) (E) of the same Minutes clearly indicating a pending legal
issue, and a matter concerning an identifiable individual.
10. REPORTS FORWARDED FROM GENERAL COMMITTEE
FOR APPROVAL
B. (i) Resolution No. 2003-0213
Moved by: M. Johnson
Seconded by: J. Robson
THAT the following recommendation as contained
in the Confidential
reports list on the July 7, 2003 Council Agenda
is hereby adopted:
GC-2003-0253
Recorded Vote requested:
Pecuniary Interest
- 0
ABSENT - 0
Councillor Fogal -
YES
Councillor Robson - YES
Councillor Chatten - NO
Councillor Frizzell - NO
Councillor Day - NO
Mayor Gastle - NO
Councillor Somerville - YES
Councillor Lewis -
YES
Councillor Bonnette - YES
Councillor Johnson -
YES
Councillor Inglis - NO
Total
6 - YES
5 - NO
CARRIED
What was the mysterious vote
over? Was it about the nine acre land deal with McNally, or was it
to do with the future of Amdrews employment? At any rate, delegate
Derrick Williams and delegate Ted Thompson both asked council, but
were stone-walled.
The minutes of a special council meeting three
days later, on July 10th 2003 indicates council accepted the
resignation of CAO Andrews.
@
http://www.town.halton-hills.on.ca/pdf/2003-07-10%20-%20SP2.pdf
section 3(A)
Resolution No. 2003-0242
Moved by: J. Robson
Seconded by: C. Somerville
THAT the Confidential Verbal Report from J.
Bowles, Manager of Human
Resources regarding personal matter about an
identifiable individual(s) and
labour relations and employee negotiations be
received; AND FURTHER THAT Council hereby
accepts the resignation of Steve
Andrews, CAO; AND
FURTHER THAT staff proceed as directed.
CARRIED
Another McNally delegation is
noted in Council Minutes of May 31st. 2004 - pg. 4 section (3).
@
http://www.town.halton-hills.on.ca/pdf/2004-05-31minutes.pdf
Quote from minutes: "Delegations regarding
items in General Committee
(3) (Refer to Item 4 - Declaration of Pecuniary
Interest - Item No. 4A - Fogal)
"Dave McNally addressed Council
regarding the North Halton Golf and County Club, and stated that he
is pleased with the staff report although the club did not get
everything they requested."
D. McNally thanked staff and
stated that this is a great example of the Town and the public
working together to achieve an amicable solution.
(Refer to Item No. 8P of this
Agenda)
Section 8P of the same minutes indicates the
land transfer:
Quote from minutes: P. Report No. PD-2004-0021
dated May 3, 2004, regarding Land Acquisition -
North Halton Golf and Country Club (NHGCC).
(Refer to Item 4 - Declaration of Pecuniary
Interest - Item No. 4A - Fogal)
Recommendation No. GC-2004-0165
THAT Report PD-2004-0021, dated May 3rd, 2004
with respect to Land
Acquisition – North Halton Golf and Country
Club, (NHGCC) be received;
AND FURTHER THAT Council recommends approval of
the option contained within P.D.2004-0021 and that the conditions of
draft approved plan of
subdivision 24T-98015, in the name of Mattamy
Homes be revised as follows:
1. That part of an area of open space Block A
as shown on Schedule 2 and
contained within plan 24T-98015, be conveyed to
North Halton Golf Course,
subject to:
a) Either a conservation easement being placed
over that area to be
conveyed to NHGCC, to the satisfaction of the
Town, and that the
Town seek the advice of the Credit Valley
Conservation authority as to
the appropriate content and structure of the
easement, or alternatively
NHGCC enter into a management agreement with
the Town, and that
CVC advice be obtained on provisions that may
be incorporated into
the agreement
2. That prior to Block A being conveyed to
NHGCC as detailed in condition 1
above, that the Town has confirmed ownership
transfer clear and free of
encumbrances, of the area of land from NHGCC,
as outlined on Schedule 2 to
P.D. 2004-0021, all to the satisfaction of the
Town
CARRIED"
Details of staff report PD-2004-0021 can be
found @
http://www.haltonhills.ca/pdf/PD-2004-0021.pdf
UPDATE:
OPP investigate ...
Toronto Star
Report ...
More ...
See
McNally's 9 acre delegation (8.8Mb) ...
Mr. Thompson's delegation (1.6Mb) ...
Mr. Williams delegation (10.8Mb) ...
Other related stories from other
newsprints
9 Acres of Intrigue ...
Questions remain about former Halton Hills CAO ...
Council should explain CAO's departure. ...
Town CAO resigns ...
Post your Interactive/comments here ...