A good friend of mine sent me a reply he received from Mayor Lehman. The Mayor suggested he visit the following site and all would be answered and he could then feel all warm and safe and cuddly.
:Took the chance of enquiring of Mayor Lehman about the "facts" to which he referred. He directed me to the following link: http://www.barrie.ca/Living/projects/Documents/2012-05-24-Golder.pdf
===================================================================The following is excerpted from The Advance. The full article can be seen at:
http://www.simcoe.com/news/cityhall/article/1364622--barrie-hid-contamination-developerBarrie hid contamination: developer
“Negotiations didn’t get to the point to (discuss soil conditions),” - Barrie's infrastructure and development manager Richard Forward
Related Stories
- Allandale contaminated: court documents
BARRIE - The Allandale Station – where crews worked to restore the historic station as well as build a tunnel...
- Allandale contaminated: court documentsBARRIE - The Allandale Station – where crews worked to restore the historic station as well as build a tunnel...
BARRIE - Barrie staff knew the Allandale Station site was contaminated with mercury as early as February 2010 – but didn’t tell an appraiser, as talks with a developer faltered during 2010.
Nor did city staff tell councillors until just a few weeks before the decision to stop talks with the Correct Group Inc. (CGI), a division of the Correct Group of Companies, in December 2010.
A confidential Barrie memo dated Nov. 29, 2010 was the first time city staff told councillors about the dirty soil, although the city staff knew months beforehand. The memo was made public as part of court documents in a $28-million civil lawsuit launched by CGI against the city. CGI claims Barrie broke a preliminary agreement, breached confidentiality agreements and bargained in bad faith.
“Negotiations didn’t get to the point to (discuss soil conditions),” infrastructure and development manager Richard Forward told The Advance, when asked why staff kept the mercury contamination details private for so long.
“When you get to the point in negotiations where you talk about soil conditions, you come up with a soil remediation plan – but we didn’t get there.”
Mercury levels were deemed to be safe for industrial uses, he added, citing a city-commissioned examination that reported a level of 0.65 micrograms per gram.University of Toronto physical and environmental sciences assistant professor Carl Mitchell said that level is significantly higher than Ontario’s standard for parkland – which was one of the proposed uses in Correct’s plan.“I would say the typical background concentration in Ontario is 0.1 micrograms per gram to 0.15 micrograms per gram, so I’d say that’s four to five times (that level),” he told The Advance.
Low concentrations of mercury fall to earth in rain, as clouds pick up emissions from coal-fired power plants, he explained. Most of human exposure to mercury – which adversely impacts the central nervous system and could cause memory loss and aggressive behaviour – comes from fish, Mitchell said.
In January 2010, Barrie retained Golder Associates to examine the station site. The firm issued reports in February, April and July 2010.
Samples along the berm that runs along the north side of the site – the Lakeshore Drive area where the tracks once were – contained “metals including mercury”, but were below the “industrial/commercial standard … for potable groundwater use and coarse-textured soils”, the city acknowledged as it released a Golder Associates technical memo from May 29, 2012. The memo did not cite the specific level.
The report, however, adds should the site be used for a “more sensitive” purpose than industrial, such as parkland, two soil samples contain mercury above the acceptable standard – but still not dangerous. One was nearer Tiffin Street, on a grassy area where the lawn bowling club was located, where the highest concentration of 0.65 micrograms per gram was recorded.
“Potential direct contact with the soils on the site by the public, including children, is not expected to cause harmful effects,” the Golder Associates memo concluded.
But as part of the Allandale redevelopment plan, CGI had publicly talked about a plan that combined offices, retail and a hotel/condo, and when work began, a new YMCA was part of the plan.
“CGI views the city hiding the facts of the contamination to be in complete bad faith,” said CGI president Alan Furbacher.
“The city had previously stated that the lands were free of any contamination. The city obviously had concerns as they hired Golder on Jan. 27, 2010. CGI wonders why this information was not released then.”
In the November 2010 confidential memo that acknowledges contamination, Barrie staff estimate cleanup would cost $405,782.
“(Among) cities across North America investing in revitalization in their downtowns, it’s common to address soil issues,” Forward said.
He added Barrie did not inform a real estate appraiser in August 2010 about the contamination, because it was looking for a baseline value for the land.
“Appraisals start with certain assumptions to get a fair baseline. They don’t factor (contamination) in.”
When did Forward take out his Real Estate Appraiser's Licence?Of course you factor in contamination. A contamination/brownfield designation also devalues the properties adjacent to the Brownfield.
Too bad Gowan Street owners.
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The professor who I will bet is more knowledgeable than the Mayor and Golder when it comes to the health of humans contradicts The Mayor and Golder.
But, let us also not forget the other bad stuff in the soil.
How about the lead - 100% more than allowed. They took lead out of paint years ago. No lead in childrens toys. Lead was used to make coloured dies brighter and glossier. They recently found lead in some toys made in China.
Benzene and a bunch of other "enes" are present and deadly. They cause cancer.
And Chromium! Don't get me started! Erin Brokovitch!!?? Enough said.
===========================================
Allandale contaminated: court documents
Related Stories
BARRIE -
Barrie staff knew the Allandale Station site was contaminated with mercury as
early as February 2010...
BARRIE - The Allandale Station – where crews worked
to restore the historic station as well as build a tunnel and another GO
station – is contaminated with mercury, a confidential Barrie report says.
Made public as part of a $28-million civil suit
launched by the Correct Group of Companies (CGI), the Nov. 29, 2010 staff
report says, “Environmental Assessment work indicates that there is mercury
contamination on a portion of the property."
Barrie estimates cleanup would cost $405,782 –
including $240,000 for hauling away contaminated soils.
Barrie has not reduced the $3-million price it’s
demanding for the station lands. Indicom Appraisal Associates told Barrie it
did not consider contamination when setting the price tag in August 2010,
another case-related document says.
The price is one key element in CGI’s lawsuit that
includes a certificate of pending litigation, which prevents any further action
on the site.
Barrie is attempting to remove the certificate in
court July 3.
“The city will resume efforts in connection with
Allandale when the status of the certificate of pending litigation is known,”
said Barrie’s legal services director Ingrid Peters.
When the city called for proposals in 2008, it
asked for plans for a nine-acre site. Correct, along with the YMCA of Simcoe
Muskoka, responded with a plan for stores, offices, a hotel/condo and a
state-of-the-art Y.
Barrie chose Correct and the Y, agreeing to sell
the nine acres for $2 million in May 2009.
In January 2010, the Y pulled out. On Aug. 20,
2010, Barrie obtained the appraisal for $3 million.
Correct offered $2.3 for just over five acres on
Nov. 12, 2010, and on Dec. 6, 2010 – a month after the confidential report that
acknowledged mercury contamination – Barrie told CGI its talks were over.
Barrie has since sought other partners, and went
into exclusive talks with Mark Porter in February.
The suit has stalled any progress on the site.
Barrie is to appear in court July 3 to attempt to
remove a Certificate of Pending Litigation.
Made public as part of a $28-million civil suit launched by the Correct Group of Companies (CGI), the Nov. 29, 2010 staff report says, “Environmental Assessment work indicates that there is mercury contamination on a portion of the property."
Barrie estimates cleanup would cost $405,782 – including $240,000 for hauling away contaminated soils.
Barrie has not reduced the $3-million price it’s demanding for the station lands. Indicom Appraisal Associates told Barrie it did not consider contamination when setting the price tag in August 2010, another case-related document says.
The price is one key element in CGI’s lawsuit that includes a certificate of pending litigation, which prevents any further action on the site.
Barrie is attempting to remove the certificate in court July 3.
“The city will resume efforts in connection with Allandale when the status of the certificate of pending litigation is known,” said Barrie’s legal services director Ingrid Peters.
When the city called for proposals in 2008, it asked for plans for a nine-acre site. Correct, along with the YMCA of Simcoe Muskoka, responded with a plan for stores, offices, a hotel/condo and a state-of-the-art Y.
Barrie chose Correct and the Y, agreeing to sell the nine acres for $2 million in May 2009.
In January 2010, the Y pulled out. On Aug. 20, 2010, Barrie obtained the appraisal for $3 million.
Correct offered $2.3 for just over five acres on Nov. 12, 2010, and on Dec. 6, 2010 – a month after the confidential report that acknowledged mercury contamination – Barrie told CGI its talks were over.
Barrie has since sought other partners, and went into exclusive talks with Mark Porter in February.
The suit has stalled any progress on the site.
Barrie is to appear in court July 3 to attempt to remove a Certificate of Pending Litigation.
==================================================================
A little history on the development of the Allandale Station Lands and Allandale Train Station.
The 'Y' proposed to develop 9.1 acres called The Allandale Station Lands. They would also renovate the old Allandale Train Station.
They were a little long on desire and short on expertise and funds.
So, Councilor Alex Nuttall contacted Alan Furbacher, the President og The Correct Group. He was asked if he would be interested in working with the 'Y'. He said yes.
The Mayor of the day and the Clerk of the day signed a preliminary agreement with the 'Y' and The Correct Group. This agreement led the 'Y' and CGI to believe they were to move forward with the development.
Because the land was designated a Brownfield site it would be necessary to carry out an environmental assesment and ultimately provide the Ministry of the Environment a document called - Record of Site Condition (RSC).
The city will try to tell you the RSC wasn't needed because the land will remain commercial. But the drawings provided by the 'Y' and CGI clearly showed parkland and residential. The city in principle accepted the drawings/plans. So a RSC was required. To date, no RSC has been filed with the MOE.
Which brings me to this. The city boasts they have fully complied with the MOE, consulted with them throughout and have letters from the MOE telling Barrie they were doing a terrific job. Pardon my French. BULLSHIT.
The first date the MOE viewed the site was in June 2012.The Allandale GO Station had already been built!
The Allandale Station was renovated already!
Where was the RSC!!!
Richard Forward in the preceeding "Advance" article states:
“Negotiations didn’t get to the point to (discuss soil conditions),” - Barrie's infrastructure and development manager Richard Forward
OH Puleeze!!
The city knew about the contamination even while selecting the 'Y' and CGI to be the developers.Richard Forward sits(sat) at some point on the Board of Directors of the 'Y'.
Richard Forward knew about the mercury contamination.
People including children use the 'Y''s facilities
That is what the 'Y' is all about.
How come Richard Forward didn't tell the 'Y' about the mercury lead and all the other harmful stuff?
Why didn't Richard Forward tell the 'Y' that to clean up the site it would cost $405,782? Why was the site being cleaned up? From what?
The 'Y' quit the project citing finances. CGI promised the city and the 'Y' that it was fully capable of building the whole site as per the plans and it would lease the 'Y' back to the 'Y'. Terms of their proposal would allow the 'Y' at any time to purchase their portion at today's price plus the building cost. That is a nice proposal. The 'Y' said NO. Why? Maybe they knew about the mercury?
The CGI people didn't learn about the contamination until after they launched their lawsuit.
The city had already offered the site for sale in 2009. Forecast/Porter did drawings and made a bid. The 'Y'/CGI did drawings and submitted their bid. And an un-named proponent also
did drawings and submitted their bid.
As we know, the 'Y'/CGI were selected and signed a preliminary agreement. In good faith, a preliminary agreement would need all party approval to dismantle. CGI , even after the 'Y' left was willing to proceed.
The city really acted petulent and in bad faith. Then CGI sued.
The city is trying to skate. The President of CGI opened the door and asked our Mayor to sit down with him and renegotiate. The Mayor refused. Outright. The Mayor has a fiduciary responsibility to protect the public purse. He should have discussed the situation with CGI.
Which brings me to the following:
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The 9.1 acre Allandale Site is deemed a " Brownfield ".
Barrie changed the name Brownfield to "Contaminated Site".
There are specific steps that must be taken when dealing with a Brownfield according to Barrie's own Official Plan,
============================================
3.8.1.1.1
CONTAMINATED SITES
a) Where a change in land use is proposed and either the previous or
current use has the potential to have caused environmental contamination (i.e. industrial to
residential), the site shall be decommissioned and/or cleaned up by the owner/applicant to the
satisfaction of the City and the Ministry of the Environment.
This site was first put on the market in 2009!!
b) A Record of Site Condition and Certificate of Property Use in accordance with the Environmental Protection Act shall be prepared for contaminated sites
and filed for public
access with the Environmental Site
Registry.
A Brownfield is perceived by many as an indication that the property has
existing contamination. As noted previously, this is not necessarily the case,
and the value of a property
as well as the surrounding lands could
decrease as a result.=========================================
To date no RSC has been filed by the city of Barrie. Either for the Allandale Train Station Renovation or the Allandale GO Station.
Why Mayor Lehman?
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