2016 Special Events Permits

for Burl’s Creek Event Grounds

Special Council Meeting

July 6, 2016

Large-scale Special Events Throughout Oro-Medonte

Offer:

• Tourism boost to local communities

• Local employment

• Partnerships with post-secondary programs

• Social and cultural opportunities

Require:

• Operational planning and coordination to ensure public health and safety

• Special events management process to manage financial and legal risks

• Mitigation for potential quality-of-life impacts

July 6, 2016 2

Township’s Special Events Risk Management Goals

• Protect public health and safety

• Minimize financial and legal risk

• Minimize unnecessary disruptions in community

• Enhance quality of life for residents

July 6, 2016 3

Development of Special Event Management Process

• Township initiated special events consultation process in 2011

• Goal: Manage large-scale special events for community

• Consulted with: Residents, business owners, venue owners, event organizers, promoters and event hosts

• Process: 1. Conducted a best practices review 2. Consulted with stakeholders (including two open houses) 3. Reviewed the municipality’s risk exposure 4. Identified mitigation strategies 5. Legal consultation

July 6, 2016 4

Background for Burl’s Creek Event Grounds 2016 Special Events Permits

• Special Event Operational Planning process initiated in 2015 by BCEG Inc. for 2016 WayHome, and Boots and Hearts festivals

• Complex task to evaluate submission. Three issues not typically involved with special events management and permitting:

1. Special event zoning land use applies to 92 out of 526 acres 2. OMB appeals process extending beyond festival dates 3. Archaeological matters unresolved

• Council considers needs of all residents, community groups, youth sports organizations, government agencies, other levels of government, and Oro-Medonte’s other tourism businesses

July 6, 2016 5

Zoning By-law Matters Adding Complexity to Special Event Management Process

• For Temporary Use By-law, Council is unable to render decision due to missing substantiating information from BCEG Inc.

• For Permanent Use By-law, Council is unable to render decision as currently in review with commenting agencies such as Simcoe County and Ministries of Transportation, Municipal Affairs and Housing, and Tourism, Culture and Sport

• Given no Council decision, BCEG Inc. in a position to appeal to OMB as of June 17, 2016

• Any Council decision regarding the PUB may be appealed to OMB

July 6, 2016 6

Burl’s Creek Event Grounds Footprint

• Current footprint for Burl’s Creek Event Grounds is 526 acres – 92 acres are zoned Private Recreational Exception 30 and 31

for Special Events

– Remaining 434 acres are zoned: o Agricultural / Rural

o Agricultural / Rural Exception 32

o Rural Residential 2

o Environmental Protection

• Footprint increased over time via a number of property acquisitions by a series of owners

July 6, 2016 7

Burl’s Creek Event Grounds Land Use Since 1965

• Burl’s Creek Event Grounds used for farming, recreational sports, automotive racing, and special and community events

July 6, 2016 8

Year(s) Special Event

1965 to 2015 Barrie Speedway open

(Operated multiple evenings per week and on weekends)

1983 Barrie Automotive Flea Market opens

1997 Open-air concert held on property

2008 First large-scale concert was held with Jack Johnson

Evolution of Special Events at Burl’s Creek

July 6, 2016 9

Barrie

Speedway

opens (1965)

1965 1975 1985 1995 2005 2015

Toby

Keith

(2009)

Jack

Johnson

(2008)

Township Begins

Special Event

Management

Consultations (2011)

Council Adopts

First Special

Events By-law

2015-005

(14/01/2015)

Don Hanney sells

property to BCEG Inc.

(2014)

Tragically Hip

(2012)

Portion of Burl’s Creek

Event Grounds Zoned

for Special Events

(1994)

CMT

Music

Festival

(2011)

Burl’s Creek Event

Grounds (BCEG) opens

(1994)

Council Adopts

Enhanced Special

Events By-law

2015-123

(26/06/2015)

BCEG Inc. buys

Barrie Speedway plus

102 acres. Now 526

acres (01/2015)

Rave

(1997)

Township Special Event Management Milestones Burl’s Creek Event Grounds Milestones

Council Direction: Amend 2015 Memorandum of Understanding (MOU)

• Council unanimously directed senior staff to amend existing 2015 MOU with BCEG Inc. regarding 2016 festivals

• After consultation with BCEG Inc., the recommendation is for Council to execute an amended MOU to:

1. Adopt risk management amendments including: increased financial security; traffic monitoring conditions; and a road repair plan

2. Establish allowable sound limits and times for the 2016 festivals and with penalties

3. Create a comprehensive Sound Monitoring Program including extensive sound level monitoring

July 6, 2016 10

Council Consideration

After considering senior staff analysis, confidential legal advice and amended MOU, Council is asked to consider whether to:

• Amend Township’s Special Event By-law 2015-123

• Amend Township’s Fees and Charges By-law 2015-115

• Grant Special Event Permits (SEPs) with conditions for 2016 WayHome, and Boots and Hearts festivals

July 6, 2016 11

Why Should Council Consider Amending Special Event By-law 2015-123?

With amendments, Township can:

• Enforce by-law through tighter controls, fines and prosecution

• Ensure operational plans are in place

• Require financial security that would cover certain operational costs (e.g. OPP calls for service)

• Minimize community impact by establishing sound level and duration limits

July 6, 2016 12

Why Should Council Consider Amending Special Event By-law 2015-123? (cont’d)

Therefore, with amendments, Township can:

• Manage public health and safety risk

• Mitigate financial and legal risk for Township and taxpayers

• Act in Oro-Medonte’s best interests

July 6, 2016 13

Sound Monitoring Program

• Recommended amendment to 2015 MOU includes provision to collect ambient and festival sound level data (July 18 to Aug. 12, 2016)

• Township’s acoustical engineering consultant would peer review ambient and festival sound data collected by BCEG Inc.

• Council would then evaluate suitability of 2016 sound level limits

• Information would be used to establish future plan for sound level regulation at Burl’s Creek Event Grounds

July 6, 2016 14

Sound Level Management Changes

• 2015 WayHome sound level results too high

• 2015 Boots and Hearts sound levels and controls used as new benchmark

• For 2016 WayHome, and Boots and Hearts festivals: – MOU includes limits to align with 2015 Boots and Hearts festival

sound level results

– Sound measurement to include: o Boundaries (as for WayHome in 2015)

o At sound board (new for 2016)

o Complaint sites through mobile monitoring (new for 2016)

15 July 6, 2016

Archaeological Matters

• Several archaeological matters are outside the Township’s control: – TUB appeal to OMB

o Diverging opinions from archaeological experts regarding review

o Conflicting positions from First Nations stakeholders

o Ministry of Tourism, Culture and Sport is a commenting agency

• SEP process on 434 acres dependent on resolution of these zoning issues

July 6, 2016 16

Special Event Permits Considerations

17 July 6, 2016

Total Number of Potential 2016 Special Event Permits for BCEG Inc. = 4 permits

Burl’s Creek Event Grounds

Permits 92 acres 434 acres

WayHome 2016 1 permit 1 permit

Boots and Hearts 2016 1 permit 1 permit

Total Number of Permits 2 permits 2 permits

Special Event Permits For 434 Acre Parcels

• Council not in a position to grant permits for the 434 acre parcels because:

– They are not zoned for special events

– OMB appeal process timing conflicts with SEP considerations

– Archaeological matters unresolved

18 July 6, 2016