Calls for removal of OMB member for ‘unreasonable’ time restrictions, publication bans

Experts Unanimous in Opposition to Burl’s Creek Event Grounds

News release from SaveOro

Expert witness statements filed yesterday by the Township of Oro-Medonte, the West Oro Ratepayers’ Association (“WORA”) and SaveOro all conclude the OMB application for temporary use of the Burl’s Creek Event Grounds for massive concerts should be denied!

WORA and SaveOro lawyers at Donnelly Law filed a Motion today to extend the time of the hearing to ten days, arguing the current Board Order scheduling 30 witnesses (21 experts) in two days of evidence and cross-examination places unreasonable restrictions on Parties and violates the principles of natural justice OR procedural fairness. On average, testimony is limited by the Board to 11 minutes per witness, while cross-examination is limited to 9 minutes. These restrictions are considered absurd by lawyers familiar with administrative tribunals and courts.

The OMB Board Member that ordered the unusual restrictions, Mr. C. Hefferon, did not give reasons for limiting the procedural rights of citizens. He surprised the community when he told legal counsel he was “asked” to impose strict timelines, with a goal of staging a “quick and dirty” hearing concerning the 228 ha (565 acre) concert, camping and parking site. He told a public meeting the application was “summary type of decision”, requiring “just the facts”. A resident seeking Party status was told not to “bring a knife to a gun fight”. The Member issued a highly unusual OMB Order requiring expert reports, normally made public, be protected from “internet trolls”.

Anyone going over the prescribed time limits would be hit with a “CBC timer”, shutting the hearing down.

“The 100-mile-an-hour attempt to approve a temporary re-zoning of prime agricultural land for permanent destruction just hit a load of hay bales”, said Wendy McKay, Secretary of SaveOro.

“Thousands of families are affected by the noise, lights, dust, vandalism and other impacts from these massive concerts and tens of thousands of unruly campers. Why is our investment in expert evidence being shoe horned into two hours? Condemning this community to three or six more years of this nonsense shouldn’t be done in a quick and dirty fashion”, added Ms. McKay.

WORA and SaveOro have asked the Board for a recusal of Member Hefferon for bias.

Ten experts from the disciplines of planning, agrology, acoustical engineering, environment and ecology, economics and other disciplines submitted reports critical of the proposed use.

The Director of Development Services (Planning) for Oro-Medonte concluded the application for parking, camping and concession booths for the Wayhome and Boots & Hearts festivals “is not considered to be consistent with the Provincial Policy Statement, or to confirm to the Places to Grow Growth Plan for the Greater Golden Horseshoe, nor to conform with County of Simcoe Official Plan or Township of Oro-Medonte Official Plan.”

Dr. Peter Tomlinson, past Director of Economic Development with the City of Toronto, released the first peer review of the potential economic benefits for Simcoe County projected by an economic impact report prepared for the Burl’s Creek Event Grounds — his conclusion is the numbers are “inflated and unsubstantiated”.

The Township hired Hemson Consulting to review the economic benefits predictions of Burl’s Creek economic benefits expert Urban Metrics. Hemson concluded yesterday the promised long-term benefits are “very speculative”. Hemson also agreed with WORA and SaveOro that Burl’s Creek has “importantly” failed to “account for any costs of the municipality or other levels of government”.

Dr. Tomlinson, WORA and SaveOro’s economist, concluded so far as Oro-Medonte is concerned (the actual host municipality within Simcoe County), Township residents will bear most of the events’ costs — congestion, noise, potential negative impacts on property value — while any actual economic benefits are likely to accrue elsewhere in Simcoe County.

The expert reports and Motion for Recusal were prepared for the West Oro Ratepayers’ Association Inc. and SaveOro Inc., groups representing over 500 local residents, cottagers and farm families.

SaveOro and WORA are also asking the Board for a section 89 “Prohibition Order”, forbidding use of the land unless lawful zoning is approved, to ensure there is no repeat of wide-spread illegal use of the Event Grounds in 2016.

The Barrie Automotive Flea Market opens June 2nd, 2016. Unless the Board delivers its decision within four business days of the conclusion of the hearing (May 24 – May 26, 2016), the Appellants will be violating the law again this year.

The WayHome and Boots & Hearts concerts are scheduled for July and August 2016, without proper zoning in place. Tickets are already “sold out” for certain concert ticket packages.

If the TUBL is denied, or the hearing or decision is delayed, residents should have the full benefit of the Board’s statutory authority to prohibit future illegal uses. Going ahead with events while the Board is deliberating, or after an application has been denied, could show contempt for the OMB and the land use policy of the Province of Ontario.

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