Opening day at Burl’s Creek OMB climaxes with tense cross examination

By Patrick Bales Orillia Packet & Times

Peter Thoma of UrbanMetrics would tell you that when it comes to Burl’s Creek there’s no place, like this place, anywhere near this place – so, this must be the place.

Save Oro and the West Oro Ratepayers’ Association (WORA) would tend to disagree.

Thoma spent more than two hours in front of the Ontario Municipal Board (OMB) Tuesday, one of the initial witnesses called by Nicholas Macos on behalf of Burl’s Creek, who is seeking to have the board approve a temporary zoning bylaw which would permit camping, concessions, parking and a soccer fields on lands adjacent to the event grounds.

He was qualified as both a land economist and a market expert, providing testimony to both the economic impact festivals such as Wayhome Music & Arts and Boots & Hearts have on the surrounding community and the province as a whole.

UrbanMetrics had been retained by Burl’s Creek in Feb. 2015 for its services. Leading up to the festivals last year, UrbanMetrics estimated an economic impact in the range of $23 million. All along, Save Oro and WORA had thought that number to be high, retaining their own expert to dispute the claim. Peter Tomlinson – an University of Toronto professor scheduled to testify later in the hearing – maintained his scepticism even after exit surveys by UrbanMetrics suggested as much as $25 million was spent by concert goers in the 2015 season.

While Save Oro/WORA counsel David Donnelly hardly ignored the disagreement in economics, he was fierce in his cross-examination of Thoma on why Burl’s Creek had to be home to such activities.

Thoma had earlier told the board it was not reasonable to put the Wayhome and Boots & Hearts festivals anywhere else besides Burl’s Creek. He came to this realization by both examining other concert festival sites in the province, including Canadian Tire Motor Sports Park in Clarington and Downsview Park in Toronto.

Not only was Burl’s Creek better than the established venues, but the area was also the most appropriate in Simcoe County for such a facility to be constructed.

“When we looked at all of those criteria… we essentially determined Burl’s Creek was the best candidate for this type of cultural event,” Thoma said, while being questioned by Macos.

Donnelly didn’t think Thoma had looked hard – or far – enough. If the majority of the concert goers were coming from points south of the Holland Marsh, he said, why have them travel so far north?

“It would have been actually more convenient for people to come to a festival in King City than it would be all the way up here in Orillia?” Donnelly opined. “That’s where they live.”

Thoma first suggested that King Township – with due respect – didn’t have the cachet of Simcoe County, then followed with the notion there wasn’t the necessary land to hold the festivals, but Donnelly quick to then ask if Thoma had even bothered to look at the York Region municipality.

The cross-examination of Thoma was at times tense, with the land economist often appearing unamused with Donnelly’s line of questioning, particularly as the counsellor actively seemed to diminish the importance and uniqueness of Burl’s Creek as a venue.

“I think you’re missing the point,” Thoma said. “These are actually venues that have a proven and demonstrated capacity to stage and accommodate patrons with some degree of comfort and safety…. We’re not talking about some Woodstock sort of event, where people show up in a muddy field and hope for the best.”

The board also heard from three other witnesses called by Macos Tuesday afternoon.

Non-expert testimony was given Henry Regelink of Big Curve Acres, who told the board about his experiences haying the fields at Burl’s Creek for both Stan Dunford and the previous owner, and Sgt. Joe Pileggi of the Barrie OPP, the officer who oversaw the pay duties at last year’s festivals.

Darren Vella, the founder of Innovative Planning Solutions, also began his testimony, giving an extensive overview of the temporary zoning bylaw and the physical characteristics of the Burl’s Creek site. His testimony has been adjourned until the completion of the remainder of the expert witnesses Macos plans to call have all gone before the board.

The hearing continues Wednesday.