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Mono committee loses two members in protest

November 14, 2024   ·   0 Comments

By JAMES MATTHEWS

Two members of Mono’s committee of adjustment have quit because of what they see as municipal staff interference.

Elaine Kehoe during council’s Nov. 12 meeting lamented the loss of those two volunteer members. Those people “gave substantial time and knowledge in helping to make decisions for the Town of Mono,” she said.

Bob McCrea resigned effective Nov. 5 and Eric Fournie gave notice by way of a letter dated two days later. They both cited municipal staff’s interference in the Committee of Adjustment (CoA) decisions as a reason they decided to throw in the towel.

“My reasons are due to the control and interference by Mono staff in the business of the CoA,” McCrea wrote. “Specifically, I am referring to the clerk and CAO changing documents written by the CoA members. As you know, neither staff nor even council can change the official decisions (with reasons) that the CoA members have written.”

He said the committee’s last two decisions were changed without the members’ approval. The latest decision on the Bruce Trail Conservancy (BTC) severance application was completely changed by staff, he said in his letter.

The BTC requested during council’s Feb. 27 meeting a waiver of cash in lieu of parkland condition related to a pair of consent applications that were approved on Jan. 25 by Mono’s CoA.

The purpose and effect of both consent applications was to sever land with existing houses which the BTC intends to sell to recoup funds that helped secure the two nature reserves and sections of the Bruce Trail that run through them.

The committee approved the severances with a number of conditions. One was the payment of a parkland levy in an amount equivalent to five per cent of the appraised land value for the approved lot.

The Planning Act’s cash in lieu of parkland provision provides municipalities the authority to request a dedication of parkland or cash in lieu of land as a condition of development.

Mayor John Creelman’s contention during the February meeting was that it’s absurd for Mono to ask a group for cash in lieu of dedicated municipal park space when that group has created what is essentially park space.

The CoA decision was altered to the point that members refused to approve it, McCrea said.

“I am also concerned that staff have tried to control the business of the CoA by constantly directing us how they think we should operate,” McCrea said.

Most applications brought before the CoA bring representatives of the town and those of the applicant to the table, Fournie wrote in his four-page resignation letter.

“The town occupies a unique position because the CoA is appointed by council and carries out duties that council could have reserved to itself,” he said. “Nevertheless, at the hearing the town and the applicant have the same rights. If either the town or the applicant disagrees with the decision of the CoA, the disappointed party has the right to appeal.”

But that wasn’t how Fournie believes the BTC decision unfolded. He said it was a contentious two-day hearing to which numerous residents made submissions for the committee’s consideration.

At its end, Fournie said the CoA reserved its decision which is permitted by the Planning Act. All parties were asked to leave the meeting to allow the committee to decide its course in private.

“Staff refused to leave,” Fournie said. “That left the CoA in the uncomfortable position of removing one party from the room while the other party stayed. This was an egregious breach of the rules of natural justice.

“This was a contested application and the town insisted on staying in the room during the CoA’s deliberations.”

Creelman said the committee conducted that meeting contrary to the spirit of openness Mono has tried to foster over the last 30 years.

He said a committee reserving a decision in a matter before then deciding behind closed doors an outcome in that matter is contrary to both the Planning Act and the Municipal Act.

Kehoe suggested during the Nov. 12 meeting that council consider supporting the creation of a panel of residents tasked with recruiting replacement volunteers to meet the CoA’s needs. She said the recruiters would bring candidate resumes to council for its consideration.

“I realize under the Municipal Act we do not make the decision,” she said. “It would have to be brought forth to council. But it would engage the citizens of Mono in helping to find new candidates for those positions.”

Councillor Ralph Manktelow applauded Kehoe’s idea for recruiters of sorts to attend to the committee’s vacancies.

Coun. Melinda Davie agreed.

“It’s great that you bring a solution to us right off the bat as opposed to a complaint about how things went,” Davie said. “I really appreciate that and that’s an interesting idea.”

“I think the idea has merit,” Creelman said.

Coun. Elaine Capes said there’s already an open process for recruiting people to municipal committees. It involves advertising and a call for applicants.

“And there’s no reason why community members, such as (Kehoe) suggests, couldn’t recommend people to apply,” Capes said.

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