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02 04 1982 Sp Council Minutes ~ . . . ~ Pg. 357 COUNCIL CHAMBERS - FEBRUARY 4, 1982 SPECIAL MEETING Council met this morning for a special meeting with the Ministry of the Environment and Simcoe County District Health Unit, in accordance with resolution of Council at the regular meeting held February 1, 1982. Reeve R.S. Arbour opened the meeting at 9:50 a.m. with all members present. Present from M.O.E. - Robert E. Young; Simcoe County District Health Unit - Don Morrow; Planning Administrator - George Roberts was also in attendance. The correspondence to the Ministry of the Environment and Norman Shelswell of Norshell Developments was first referred to, after which R.E. Young related the concerns of the Ministry with respect to the development which had been originally approved as a pilot project and for this reason, the Ministry and the Health Unit were concerned about rigid controls and moni- toring of the development and had hoped to learn from such monitoring of requirements or changes for the second and third stages. He also indicated that because of these concerns further background and more elaborate written proposals should be presented by Norshell before the Ministry could assess and/or make recommendations or comments to Council and Norshell Develop- ments. Especially if amendments or changes to the Subdividers Agreement were to be made as result of the proposal for Phase II, when Phase I was only about one third complete, not 80% as set out in the Subdividers Agree- ment. With only 8 lots built on not much study could be made. Reeve Arbour related what Norman Shelswell had requested of Council at several Council meetings and that Council had asked Mr. Shelswell to put in writing exactly all changes and proposals for Phase II & III of the development. Mr. Young concurred that requests for changes and entire proposal for Phase II should be in writing and that Norshell Developments should continue with committment of the Subdividers Agreement. Reeve Arbour asked Deputy Reeve to comment on the matter on the basis of his comments at the meeting of Council and knowledge of the Subdivision Development. Points outlined and addressed to Mr. Young were discussed at some length. Mr. Young remained of the opinion that the Developer should still remain responsible and put up all necessary security for the controls of the Development. To deal with individual property owners having purchased the lot would not be possible for control purpose. Don Morrow of S.C.D.H.U. made the comment that the 80% built on clause should be applied before continuing with any further phase of the develop- ment. In his opinion dealing with individual lot owners would be very dif- ficult. Deputy Reeve Davie commented on the presentation by the Ministry expressing concerns and that on the basis of the concerns, maybe consideration should be given to the necessary fill be placed on all the lots by the developer. Both Mr. Young & Mr. Morrow indicated that the requirement of placing fill could become added costs since the fill could quite possibly have to be moved again by the lot owner due to changes on placing of the building and then havin2 to reshaDe the fill. ~ . . . ...J Pg. 358 SPECIAL MEETING - FEBRUARY 4, 1982 Mr. Young also indicated that engineering costs were prepared and agreed to by the developer and all parties concerned for the first phase. All members of Council added their comments and asked questions of Mr. Young. Planning Administrator, George Roberts, commented on several points. 1. All lots on the Plan may be sold with lots being on a registered plan. 2. Subdividers Agreement makes provision for same to be assigned, once Council and owner agree and new owner makes necessary deposits. 3. At present, Phase II could on that basis, not proceed since these re- quirements have not been met. Mr. Young concluded by advising that the Ministry would not wish to stop further development but Mr. Shelswell should make a written presentation of his entire proposal before any commencement of Phase II is considered, after all concerns are acceptable to all agencies and parties. Committments for development could then be arrived at. The written submission should be prepared by professional consultants and possibly legal opinions should be obtained. As a result it was resolved that Norshell Developments should be requested to make a written presentation through Consultants, setting out all aspects of the proposal and outlining any changes which would necessitate an amend- ment to the present Subdividers Agreement. On motion of Davie and Vousden that a letter be forwarded to Norman Shelswell requesting that he prepare a written presentation, supported by professional Engineers and Planning Consultants, setting out the entire proposal to proceed with the development which must include where any of this proposal would necessitate an amendment to the present Subdividers Agreement. And further, that upon presentation of such a written proposal, same be referred to the Ministry of the Environment and Simcoe County District Health Unit and Township Solicitor for legal opinion. And, that in preparation of the proposal, all aspects of the Subdividers Agreement must be considered since development of Phase II under item 30 of Schedule "C" of the Subdividers Agreement requiring 80% dwelling completed before proceeding with the next phase. There being no further business it was moved by Halfacre and Vousden that the meeting was adjourned at 11:00 a.m. C