Rodeo decision expected at later date

The Ontario Municipal Board decision on whether Champlain Township council erred in its ruling that an extreme rodeo event could not take place on a parcel of land in West Hawkesbury will likely be received in writing at a later date.

An OMB adjudicator heard testimony from the event organizer, François Boudrias, and a representative for the township on Tuesday, December 13, beginning at 11 a.m.

The testimonies of 11 participants, for the most part neighbouring residents of the proposed event, began in the late afternoon. The hearing was still in progress as of 4:30 p.m.

Adjudicator Marc Denhez reminded both parties that the OMB only considers issues and concerns surrounding land use, noise, pollution, and matters related to the official plan of the United Counties of Prescott-Russell and the Provincial Policy Statement.

"The board seldom gets into the question of decreased property values," said Denhez, later saying "the domino effect on the economy," whether positive or negative, would not likely factor into the decision.

Boudrias appealed to the township for an OMB hearing after council ruled against a temporary zoning amendment on a parcel of land between Greenlane Road West and Sandy Hill Road to allow for equestrian competitions and rodeos, including temporary accessory structures, such as bleachers, tents and parking.

In deciding against the change, council overruled a recommendation from its planner, Dominique Lefebvre, who suggested council approve a temporary use bylaw on a three-year term.

"Being a councillor or mayor is not an easy job," Denhez said during the hearing. "But there's a distinction between saying, 'I have concerns about potential noise,' and saying, 'I have concerns that Mr. F might be concerned about noise at location X.' In the first case, the person is actually thinking about the noise; in the second case, the person is not thinking about the noise, but thinking of Mr. F.

"What I'm trying to get a handle on is whether the township is thinking about the substantive, objective problems that were going to occur or whether it was simply thinking about whether or not this was going to be popular or unpopular."

Marc Rivet, a senior planner with J.L. Richards, was appointed as the township's spokesperson. During questioning, he informed Denhez that the council considered both the public interest and information provided by municipal staff - including a series of concerns from fire chief Roger Champagne and public works superintendent James McMahon - in deciding against its planner's recommendation.

The adjudicator decided that there were eight conditions required to be met by Boudrias, according to the recommendation presented by Champlain's planner: the planning department's approval of a "sketch" (and not a site plan) of the overall deployment of property; the fire department's approval; the superintendent of public works' approval; obtaining building permits for temporary structures; no offsite parking; adequate traffic signs; required security on site; and restricting the entry to Greenlane Road West.

"You cannot base a land-use decision on an apprehension," Denhez said. "Council members have the obligation to reflect on the subject."

Champagne had expressed concerns regarding the site's accessibility for fire and emergency services, citing limited road access and vehicle parking as issues. MacMahon noted minor concerns about the use of Greenlane Road West, as it is a gravel road and a dead-end road. He estimated a $600 cost to apply dust control, brushing and shoulder improvements, and requested the site plan include a traffic control plan, prohibit parking on the roadside, and call for the installation of a small culvert covered with sufficient gravel.

Denhez later asked Rivet: "If the fire chief already had a veto and the superintendent already had a veto, then why was it necessary for council to say, 'We still haven't been able to satisfy them? The project would not be able to go through without their approval anyway."

For his part, Boudrias said his neighbours' objections could not be founded in the Provincial Policy Statement or the official plan of the United Counties of Prescott-Russell.

"The objections go with the old saying, 'not in my backyard,'" he countered. "Most neighbours and members of council expressed that they would want the event at the Vankleek Hill Fairgrounds. I do hope that this was not a factor in the council's decision to not go forth with their senior planner's advice and zoning change application, as this matter is irrelevant in the bylaw change I've asked for."

The adjudicator asked if the township had done any studies as to whether concerns of noise, pollution or traffic could be substantiated.

"There was no conclusion brought to these matters, neither the applicant nor the township provided materials or did reviews," replied Rivet. "Council had to consider those issues and make its own judgment call. It's very infrequent that every issue in these parts is studied. Based on their understanding and knowledge of the area, they opted not to move forward with this."

Denhez then began to hear testimony from participants, beginning with Bangs Road resident Daniel Cloutier.

Cloutier, an environmental and agriculture scientist, said the rodeo event would pose a number of health and sanitation concerns. By his calculations, based on the number of horses, the two-day event could see 8,000-plus litres of urine and 10 to 20 tonnes of manure be absorbed into the local water table.

"There is open water, brooks and streams running in the area," said Cloutier. "Animal waste can contaminate, and any rain will cause runoff into the brooks and streams. These streams have a risk of being contaminated, especially with extreme rainfalls or heavy downpours. Even regular rain would cause serious runoff, because of the hills."

The resident also questioned where the horses' water source would come from, and if it would have an effect on local wells. Boudrias replied the water would be supplied by the township, adding that containers were in place to collect the manure before absorption.

As for noise and pollution, Cloutier stated: "If sufficient lighting was there for the event, we would be exposed to these lights. There would be sounds and noise pollution through a public address system. Normally, a rodeo is only half the activity, in addition to dancing, music and shows. The local area would be exposed to noise and sound levels during the day, evening, and part of the night.

"I personally think a traffic impact study should not have been removed from the bylaw when the planner made it temporary," he concluded. "I think there should have been a hydrogeological study and an environmental impact study. Cost should never be an excuse to bypass what should be an essential requirement."

Raymond Aubin, the president of the Vankleek Hill Business and Merchant Association, said the association agreed to lend its support to the event.

"To us, I believe any time we have something that brings people locally and to spend locally, I believe we have to pull the strings that we need to survive," he said. "Are there issues? Yes. Do people complain? Yes. But we get through the issue, and we have for years and years."

Aubin also said there were lots of initial concerns about traffic on Gourley Road during the International Plowing Match, which received about 10,000 vehicles per day, though following the event, he did not hear any complaints.