See also web site: http://cwcc.info
Elmira says NO to slots
Elmira Raceway considers adding slots with a series of public meetings. Elmira residents and Woolwich Council say NO to slots in their community.
Woolwich Agricultural Society and Activa Holdings officially approach Centre Wellington Council
February 25 - Centre Wellington Township Council announced that the Woolwich Agricultural Society (WAS) were requesting permission to move the Elmira raceway with proposed slot machines to Centre Wellington. This was reported, with the announcement that a yet-to-be scheduled public meeting would take place, in the March 1, 2000 edition of the Fergus-Elora News Express to consider the pros and cons of amendments to the official plan and new zoning by-laws that would allow the raceway/slots facility to be developed.
March 13 -The Centre Wellington Citizens’ Coalition (CWCC) is formed to provide a voice for residents on community issues. The Coalition expresses concerns that there has not been enough time for consultation and careful consideration of the proposed facility. A petition is sent door to door.
March 22 - The purpose of the March 29th public meeting is outlined - to receive public input regarding the Racetrack. Written submissions were encouraged. The Chamber of Commerce Board of Directors and BIA executive vote to support the proposed racetrack after a presentation by Woolwich Agricultural Society (without contacting their members).
March Ongoing - CWCC gathers over 2000 signatures, (with names and addresses) from residents opposed to the slots/raceway.
Public Meeting March 29 - Council informs residents that there is a timeline of March 31st for the decision to be made because of a provincial government deadline. The article portrays the deadline as one the provincial government required for planning purposes to find out which municipalities were supportive of slots included within racetrack facilities. Subsequently a province-wide moratorium was imposed.
March 29- Raceway public meeting held in which 1500 people attended. There was an overflow in the hall which was designed to seat 450 people. Several hundred people were not able to get into the hall. Raceway supporters from outside of the community had been bussed in early in the day and took up seats in the community hall.
At the meeting, the town planner differentiates his role as planner with that of the role of the councillors. His role is to give advice on land use planning. It’s up to council to determine what’s in the public interest and therefore decide on issues related to community values. Promised revenues are $1.5 million per year.
Council Votes
March 30 - Council decides to adopt the amendments and new zoning by-laws which enable the slots/raceway to be built. The council is split 3-3 and the mayor casts the deciding vote.
Local newspaper articles outline how the facility will reduce the tax burden of businesses and increase tourism. Chamber of Commerce decision is based on business interests. Elora businesses hope to piggyback off raceway marketing schemes.
Centre Wellington Citizen’s Coalition Files Appeal
May 3 - CWCC files an Ontario Municipal Board (OMB) appeal and an application to Superior Court to say that the public participation process was flawed under the Planning Act. Two other OMB applicants are Mel Flynn and Jean Innes representing the "In Love With Elora Group". County Council votes 13 to 2 in favour of the Grand River Raceway development.
Aug 15 - Centre Wellington passes by-laws regarding revenue sharing with the County of Wellington. Council expects revenue of $1.1 million per year, with 21 per cent going to the county to pay for policing of the facility and maintenance.
Aug 16 - Application made to Superior court saying that the council failed under the Planning Act to provide persons who attended March 29 meeting an opportunity to make representations. Approximately 100 names are gathered within 24 hours to become representative appellants i.e. representative of the 2,000 who signed the original petition against the slots.
Aug 22 - County passes by-law on revenue sharing with the council. OMB pre-hearing meetings ongoing.
Sept 13 - CWCC denied ability to make a delegation to council regarding the attempts by the township’s legal council to move the court appeal to any location in the province.
Oct 25 - Arguments made by lawyers at Superior Court
Superior Court decides not to quash bylaws
Nov 1 - Judge Clarke rules not to quash bylaws. Public had sufficient information. He stated that the process was "less than ideal" but that "The municipality acted properly without bias and in good faith." CWCC lets newspaper know that they will use the next two weeks to make this an election issue.
Nov 15 "Narrow election race reflects Elora opposition to raceway"- local headlines report. With a 42 per cent voter turnout, two incumbents who voted for the slots/raceway were defeated. Joanne Ross-Zuj, an incumbent and slots supporter, won by only 12 votes. The Mayor, George Pinkney won by 927 votes. The Mayor lost in the wards encompassing the pre-amalgamation village of Elora.
Appeals
Dec 6 - CWCC appeals Superior Court decision to next level.
Dec 13 - Township lawyer makes cross appeal (without discussion or decision from new council) to reserve right to seek costs.
OMB appeal starts
Dec 20 - OMB chair Bruce Krushelnicki asks why the subject of community values wasn’t being brought before the OMB.
Dec 2000 - CWCC representatives try to meet with council to discuss negotiation. Council is not interested and refuses to meet with CWCC representatives. Had negotiations occurred, further OMB and Court of Appeal activities would have been avoided.
Jan 24 - Council’s arguments against the CWCC’s position at the OMB, outlined in local media.
OMB decision (PL.000 Decision Order 0820)
May 28 - OMB dismisses all appeals against Grand River Raceway and slot gambling facility. Interim decision of OMB. Twenty page report by Bruce Krushelnicki dismisses three appeals by the Centre Wellington Citizens’ Coalition, Mel Flynn and Jean Innis representing the "In Love With Elora Group". He withholds writing the order until the Court of Appeal Decision.
He states that the quality of life of Elora residents will not be changed drastically. Gambling is legal and the proposal represents good planning.
June 19 - CWCC application to Court of Appeal heard. The CWCC is asking for bylaws passed by Council and County to be quashed.
June 25 - Court of Appeal dismisses CWCC’s appeal of Superior Court decision in the fight against the slots.
Costs
July 16 - Mayor George Pinkney announces that the council "was instructed by its solicitor," to seek costs of about $75,000 ($43,745.61 from the Superior court level and $30,585.52 from the appeal). The County of Wellington and Woolwich Agricultural Society is also seeking costs of about $35,000. Letters in the local paper suggest that there are only 100 people in Elora who don’t want the raceway and slots. The CWCC has a support list of over 1300 families.
Aug 13 - By-Law passed for Development, Maintenance and Operations Agreement between Centre Wellington County and Woolwich Agricultural Society (WAS) specifically states that the WAS is solely financially responsible for construction and installation of necessary infrastructure.
Aug 30 - Final order of OMB including agreed to changes negotiated with the CWCC.
Sept - ongoing - CWCC tries to discuss "settlement" issues with Council. Council refuses.
January - Ongoing- letters to the local paper state that it’s unjust for the Council to try to recover anti-raceway court costs. Other letters are about the legitimacy of requiring a citizen’s group acting in the public interest to pay costs.
Changes to the Development Agreement
June 5 - Councillors are shocked to hear that the expected revenue from the slots wouldn’t materialise for several years. The Ontario Lottery and Gaming Commissio, and Ontario Crown Agency is taking $850,000 plus interest from the Council’s share to pay for infrastructure costs. This allows the loan by the developer to be paid back more quickly. The OMB decision clearly states that the WAS is solely responsible for such costs. However the OMB decision cannot be upheld by the OMB and there is only a 30-day period for citizens or other parties to appeal this original decision.
June - Ongoing - Editorials and letters to the editor in local media raise concerns about the Council’s decision to fund infrastructure costs from the first two years of anticipated revenue.
June 27 - Council states that it is unwilling to reconsider decision to sue members of the Centre Wellington Citizen's Coalition for costs.
July 5 - Local paper reports that Council has tabled recent letters from the Citizens’ Coalition and prominent residents including the Ministerial Association, which ask for reconsideration of the decision to sue community members. Council tables letters without comment or discussion.
July 22 - Negotiations finalize court costs to be sought from Fergus and Elora citizens.