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INSIDE - PAGE 2

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 ...


 

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