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HomeMy WebLinkAboutEGD-012-17Engineering Services Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: April 10, 2017 Report Number: EGD-012-17 Resolution: C-095-17 File Number: By-law Number: Report Subject: Liberty Crossings Neighbourhood Dust Control Status Update Recommendations: 1.That Report EGD-012-17 be received for information. Unfinished Business Item 13.1 Municipality of Clarington Report EGD-012-17 Page 2 Report Overview On March 27th, 2017 Council asked for a report to be prepared for the Council meeting of April 10th to provide a status update on the dust issues at Liberty Crossings and to look at where we are going next. On April 3rd, Staff met with representatives from the community to look at what happened during the dust storm, how it impacted people and how we can work together in a collaborative and co-operative way to address both current outstanding issues and ways to improve practices going forward. It was recognized that if we are to bring the right people together as part of a constructive review of current practices the residents will be an important part of the process. Staff will begin working with local experts and area municipalities to prepare a draft set of Best Practices that the residents of Liberty Crossings will be asked to comment on as part of a Public Information Centre that will be held at Town Hall at a time that is convenient to the residents. To address questions around soil quality and testing a copy of the soils report has been circulated through the Liberty Crossings neighbourhood spokesperson so that it could be demonstrated that soils at the subject site do meet Table 1 under the relevant guidelines. To complete the report we will explain what is being done to contain dust at the site now and what will be done going forward. The residents also asked us to clarify the build out timelines for the developments in their area which we anticipate to be two to four years. We have also provided the contact information for the insurance adjustor to whom they can refer their claims. 1. Background At the March 27, 2017 General Government Committee Council heard from Mr. Byron Faretis, who is the community spokesperson, who spoke on behalf of the residents of Liberty Crossings recently impacted by the dust storm in north Bowmanville. The following Resolution was passed: That the delegation of Byron Faretis be referred to staff to update the Members of Council at the Council meeting of April 10, 2017 on dust control measures being implemented for the subdivisions in the vicinity of the Liberty Crossing area; and That Staff update Council at the Council meeting of April 10, 2017 on any soil tests, and the results. This report will provide that update and answer the outstanding questions raised at the March 27th General Government Committee meeting, but first a brief history. 2. A History of the Current Issues In March Durham Region experienced high winds and cold, dry weather conditions, which when combined with lack of snow cover, resulting in a substantial dust storm in the Liberty Crossings neighbourhood of north Bowmanville (see Attachment 1). The impacts of the dust storm were widely felt across the Liberty Crossings community as children at Municipality of Clarington Report EGD-012-17 Page 3 home for March break found it difficult to play outside, homes and vehicles were coated in dust and debris was blown around the streets. It was notable that even under these challenging circumstances the community came together, not only in support of each other but also of staff who were dealing with over a hundred calls while liaising with various agencies and the media, all the while implementing a comprehensive response plan that went above and beyond standard industry practices. Despite the hardships residents faced they have been respectful and supportive of staff but understandably want everything possible done to address any current issues outstanding while also looking at opportunities for improvements going forward. 3. Responding to the Community On April 3rd, 2017 Staff met with representatives from the Liberty Crossings community who were looking both for answers as to where things currently stand and for ways to work together to review current practices to find areas of opportunity for improvement. At the meeting Mr. Faretis began by identifying key concerns for the community now that the immediate crisis has passed. The questions raised were: 1. How can we as a community be sure that the soils that became airborne during the storm are deemed to be safe? 2. What dust control measures will the Municipality put in place, where will they be located and how can we influence best practices for the future? 3. What is the build out timing for the developments being constructed in our area? 4. Can you provide clear direction in writing as to the claims process? A discussion took place and the following was established: 3.1 Soil Safety The most important concern for the community is understandably around the issue of soil safety given that the current development is on the site of a previously active apple orchard. The residents wanted assurances that the materials that were airborne during the storm have been tested and are at levels deemed appropriate and safe. In Ontario the Ministry of Environment is strict in its enforcement of Soil Site Condition Standards in order to protect both human and environmental health. The purpose of these standards is to ensure that contaminants are fully assessed and controlled. Under Ontario Regulation 153/04 the Province imposes regulations through a series of Tables of Site Condition Standards. When soil site conditions fit within Table 1 what this means essentially is that: Municipality of Clarington Report EGD-012-17 Page 4 The soil standards in Table 1 are background values derived from the Ontario Typical Range values for the land uses indicated and are considered representative of upper limits of typical province-wide background concentrations in soils that are not contaminated by point sources. These values are considered to be generally achievable in site situations typical of background while providing a level of human health and ecosystem protection consistent with background conditions and protective of sensitive ecosystems. These values are within the range of measured background sediment where data is available in the 1993 Sediment Guidelines and are considered to provide a level of human health and ecosystem protection consistent with background and protective of sensitive ecosystems. In 2015 the soils at the subject site were tested by a third party consultant who specializes in material testing that is conducted in a laboratory with an internationally recognized accreditation body [eg. Standards Council of Canada (SCC) or Canadian Association for Laboratory Accreditation (CALA], in accordance with the International Standard ISO/IEC 17025 General Requirements for the Competence of Testing and Calibration Laboratories. The test results that the Municipality has on file demonstrates that the test results taken from multiple boreholes across the full site came back with a range consistent with Table 1 values. A copy of the Soils Report has been provided electronically to the community spokesperson, Mr. Byron Faretis who has agreed to circulate to interested members of the community. For others with an interest in viewing the report a copy is on file within the Engineering Services Department. 3.2 Dust Control Measures The residents talked about the impact of the storm and about the difficulties of living in an area that is actively being built out and explained that both the challenges of everyday living as well as the impacts of the storm need to be considered. We began with a discussion of standard dust mitigation measures: 1. Dust suppressant material has been applied and will continue to be used as necessary. 2. A water truck is on site fulltime and will be used to wet the material as necessary. Additional wind control fencing has been installed at the site to help disrupt the wind from carrying dust off site. 3. The developer’s consultant has been inspecting the site daily and recording the conditions and have been monitoring forecast patterns for air temperature and wind speed and direction. 4. Municipal staff have confirmed the site is being actively monitored 7 days a week. Municipality of Clarington Report EGD-012-17 Page 5 These are long-term measures that will continue to be used during the pre-servicing (earthworks) and the servicing of the site. It is believed that as the topography of the land changes and housing construction begins the measures being used may need to be reviewed to reflect changing conditions. Similar to the Orchard View subdivision we will be requesting that the developer implement the following when deemed necessary and practical to do so. 1. The water truck will be used to wet the material. 2. Sprinklers will be requested. 3. Lots will be sodded as soon as reasonably possible. 4. We will look at requesting that some of the houses by Concession 3 be built first to help disrupt the wind. 5. Other practices as required. 3.3 A Review of Best Practices The dust control measures that the Municipality currently employs are standard industry practices used across Ontario but the recent challenges have made us aware that a review of our standard practices is appropriate given that weather patterns are changing. On January 6, 2017 the Insurance Bureau of Canada released a statement stating the following: “Severe weather due to climate change is already costing Canadians billions of dollars annually,” said Don Forgeron, President and CEO, Insurance Bureau of Canada (IBC). The record damage reported in 2016 is part of an upward trend that shows no signs of stopping. As weather conditions change and severe storm activity tests the limits of standard practices we need to look at ways to respond. Starting immediately staff will begin reaching out to local area municipalities, industry experts and other relevant agencies to look at developing a set of best practices for dust management. Once a draft document is prepared staff will turn to the people who were closest to this issue, the residents at Liberty Crossings, and will invite them to participate in a consultation partnership process that will be initiated through a Public Information Centre to be held at Town Hall. Public consultation provides a unique opportunity to define the problems from various angles and allows for creativity in resolving them. Municipality of Clarington Report EGD-012-17 Page 6 3.4 The Claims Process There is no doubt that the recent wind storms created nuisance, inconvenience and potential claims and in no way is the Municipality intending to minimize the impacts residents have experienced. To assist them in navigating through the claims process it is important that the residents are directed to the people with the responsibility and expertise to help. What residents expressed to us in the meeting was that they needed contact information for the Municipal insurance representative to whom they should be directing their claims. This information will be made available to those in the community that we may not yet have reached through the community spokesperson, Mr. Byron Faretis. 3.5 Build Out Timelines The residents asked for information about the build out timelines for development in their area given that these timelines impact their lives. It was explained that the expectation is two to four years depending on various issues such as how well houses in that area sell barring any unforeseen challenges. 6. Concurrence Not Applicable 7. Conclusion At the conclusion of the April 3rd meeting with residents it was agreed that there had been significant progress made by working together in a collaborative manner so that all sides of the issue are heard. Staff committed to looking at every opportunity to address any current issues outstanding even if it means going beyond standard practices. Field visits will be conducted and further dialogue will be encouraged. However, what seems to offer the most promise is sitting down together with a willing community who can offer personal insight into how future best practices should take shape. Once a draft document is ready a Public Information Centre will be scheduled at a time that is convenient for the residents so that we can be sure that they have an opportunity to influence the process. Municipality of Clarington Report EGD-012-17 Page 7 8. Strategic Plan Application Not applicable. Submitted by: Reviewed by: Anthony Cannella, Curry Clifford, MPA, CMO Director of Engineering Services Interim CAO Staff Contact: Tony Ricciardi, Manager of Construction, (905) 623-3379, Ext. 2322 or tricciardi@clarington.net Attachments: Attachment 1 – Key Map The following is a list of interested parties: Byron Faretis Kevin O’Halloran Bryan Locke Larry & Shirley Pennell Pat Valiquette Tony Micallef Gerry Theriault HOCKLEY AVENUE LAURELWOOD STREETSOMERSCALES DRIVESCUGOG STREETWEST SCUGOG LANENICKS STREETLUNNEYCRESCENTCROCKETTPLACECHILDS COURT CONCESSI0N ROAD 3 B O N S A V E N U E K A U K O N E N C TGOODALL CRESCENTCRESCENTPIPERWEST SCUGOG LANEBROUGH COURTCOLVILLE AVENUE ALLISON STREETLOBB CTDARRYL CASWELL WAYB IR M IN G H A M A V E WILLEY DRIVEARGENT STREETJENNINGS DRIVE JENNINGS DRIVEMcCORKELL STALLWORTHCRESCENTC O U R VIE R COURTNEY STREETKEELERCRESCENT G O O D W IN A V E N U E H O N E Y M A N D R IV EWYSE GATEGIMBLETT STHONEYMAN DRIVELANDER CRESCENTBONS AV ENUE LAPRADE SQUARE LONGW ORTH AVENUE REBECCA CT P A M E L A C T AVI COURTS Y D E L C O U R T GARY COURTMIDDLE ROADLIBERTY STREET NORTHLIBERTY STREET NORTHHANNING COURTELFORD DR FREELAND FENWICK AVE COPELAND GTELFORD DRIVE POMEROY STG E O R G E WEB STER WAYEDWIN CARR STREETFRED JACKMAN AV MOSES CRES CROMBIE STWILLIAM FAIR DR REPORT EGD-012-17 Liberty Crossing Report.mxd DRAWN BY: . BOWMANVILLE DATE: FILE NAME: April 4, 2017 E.L. ATTACHMENT No. 1 J:\Engineering\Attachments\Attachments Post ESRI Upgrade\Liberty Crossing Report.mxd Legend Orchard View Liberty Crossing Valiant 5 Northglen East Northglen West DAVID BAKER CT