OMB hearing over temporary use bylaw at Burl’s Creek to start May 24

By Patrick Bales, The Orillia Packet & Times

The fate of a temporary use bylaw to permit special events at Burl’s Creek will be decided over three days in May.

The Ontario Municipal Board (OMB) hearing into the matter will begin May 24, however two of the parties at a second pre-hearing into the matter Friday feel three days is just too short. Dave Donnelly, counsel for the West Oro Ratepayers’ Association (WORA) and SaveOro argued three weeks would be much more appropriate.

“It seems to me a bit unsettling, when there was clear direction from my client, and I believe from Chief (Kieth) Doxsee, that more time for this hearing is required,” Donnelly said. “This matter… cannot be accommodated in a two-day hearing; it can’t be accommodated in the three-day hearing.”

Going into Friday’s pre-hearing, six parties, 36 participants and as many as 32 issues had been identified. Donnelly indicated the evidence he’ll be presenting on behalf of his clients could take up two days on its own.

A two or three-day hearing would trivialize an otherwise serious matter, he argued, saying it was not simply a situation of allowing camping and parking, but tens of thousands of people “invading” the community.

“There are 700 residences that live near the event grounds,” Donnelly said. “There will be lots of evidence about the impact of the concert season from last year. This is not an abstract planning matter.”

At the end of the pre-hearing, Donnelly rose to put on record that the proposal, as outlined, will not allow for a fair hearing for his client.

Donnelly’s request for more time wasn’t flat out ignored by either the board nor the other parties around the table. Nicholas Macos, representing Burl’s Creek, indicated he was comfortable with the three-day schedule as is, but was open for more hearing days to be set. He suggested there may be a board opening in late April, pending the resolution of another case involving the Town of Innisfil, but that information was not well-received by the WORA/SaveOro Counsel, who preferred a May/June timeline.

Representatives for the Friends of Burl’s Creek and the Township of Oro-Medonte, however, didn’t see the need to drag out the process. The township, in particular, wants to see the number of issues be narrowed down before the hearing begins, and that the temporary nature of the bylaw in question not get lost in a sea of evidence and experts.

“What we’re dealing with is a temporary use bylaw to permit camping and parking,” he said. “While Mr. Donnelly may express concerns from the residents, those concerns may relate to uses already permitted or if the proposal was for a permanent matter.”

The board member presiding over the pre-hearing saw merit in both William’s and Donnelly’s arguments.

“The point raised by Mr. Williams, I think, is important: that we’re looking at a temporary use,” Colin Hefferon told crowd assembled in the township council chambers. “I agree with Mr. Donnelly; if all these issues are to be canvassed fully by expert witnesses, it would certainly take a heck of a lot more than three days.”

Ultimately, the three-day hearing remained on the books. Hefferon met with the parties in chambers following a recess to hammer out the specifics of the hearing and to schedule a third pre-hearing in the matter, set for April 29.

“This is not the final determination on how these lands will be used going forward and to for the next 50 years or whatever,” Hefferon said. “It’s only, really, just a temporary use bylaw for a determined amount of time.”

The amount of time given to each party will be strictly monitored. Burl’s Creek will have two hours on the first day to present its evidence, followed by 90 minutes of cross-examination led by Donnelly, and a further 15 minutes of re-examination by Burl’s, if necessary.

The Friends of Burl’s Creek, Lake Simcoe Regional Conservation Authority and Township of Oro-Medonte will also be presenting evidence on Day 1, each receiving 30 minutes for presenting, 30 minutes for cross-examination and 10 minutes for re-examination.

The second day will begin with WORA and SaveOro presenting its evidence during a two-hour timeframe, with 90 minutes set aside for cross-examination and 15 minutes for re-examination. The Montagnais Métis First Nation will also be enter evidence on this day, with 30 minutes to do so, followed by 30 minutes of cross-examination and 10 minutes for re-examination.

Those who have identified as participants will also be heard on the second day, at a session likely to take place at night. The two hours alloted should allow for approximately six of the 36 people who requested participant status to speak.

“We don’t want any repetition,” Hefferon said. “If someone points out a traffic issue or a noise concern, other people don’t have to repeat it. Once I hear it once, I make a note of it and I’ve pretty well got it.”

The board member was also hopeful participants may be able to co-ordinate in advance of the meeting, but was aware of the logistical improbability of such occurring.

With only six participants speaking, the question of ratios was raised by Donnelly. He contended the majority of the participants signed up were opposed to Burl’s Creek in this matter.

“If you say six participants, I’ll want five-and-a-half,” he said.

Hefferon ultimately ruled three for and three against would be heard, suggesting the parties be split into separate factions when arriving at the May 25 meeting.

The third day is reserved for a reply from Burl’s Creek, follow by final summations. Burl’s and WORA/SaveOro will be given 60 minutes each, while the remaining parties will each have 30 minutes.