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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
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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
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BOWMANVILLE
DATE:
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April 4, 2017
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ATTACHMENT No. 1
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Legend
Orchard View
Liberty Crossing
Valiant 5
Northglen East
Northglen West
DAVID BAKER CT