Airpark says they are not going to seek a further appeal, city says it will wait until the deadline for appealing has passed.

By Pepper Parr

August 6, 2014

BURLINGTON, ON

We get mail, ok email.  The mail bag yesterday had a piece from Mr. Vince Rossi, president of the Burlington Air Park Inc., with the words in the subject line “For your publication” .  Mr. Rossi is the person suing the Gazette, me personally, Vanessa Warren and Monte Dennis for a total of $100,000 to be awarded to him as exemplary damages.  He wants us to be ordered to give him money, so that we are set out as examples of what people cannot do.

That matter has yet to get in front of a judge.

In his article to us – which we have set out below in full – with comments in a different typeface and we identify the Rossi comments.  Our objective is to show the full picture with all the detail.

Getting the Air Park to the point where it has a strong sustainable business case has been an uphill battle for Vince Rossi – he’s not there yet.

ROSSI  The Ontario Ministry of the Environment and Climate Change recently completed a review of groundwater monitoring and an environmental site assessment by Pinchin Environmental completed in April, 2014. In a letter to the Airpark dated August 1, 2014, the District Supervisor of the Halton Peel District Office writes:

“Based on our analysis of the information provided in this report, the [Ministry] has found that there is no indication the fill operations are adversely impacting groundwater offsite at this time.”

The key words here are “at this time”.  It takes a lot of time for anything to work its way into a water table and the MECC makes that clear.  This is in no way a clean bill of health.

ROSSI  The Airpark further understands that Halton Region’s Medical Officer of Health has concluded, based on the Ministry’s review and private well sampling conducted by Health Department officials, that there is no health risk to residents from the Airpark’s activities.

Vanessa Warren has been the best voice for those who want much more transparency on what is taking place at the air park. She formed a community coalition, Rural Burlington Greenbelt Coalition and then decided that she would run for the council seat for the ward the air park is located in. Warren and six other candidates want to take the seat from Councillor Blair Lancaster

Halton Region has not produced any reports related to the safety of the fill that has been placed on the Burlington Airpark property.

 In August 2013, the Health Department and the Ministry of Environment and Climate Change (MOECC) (formally the Ministry of Environment) worked together to sample and analyze the drinking water wells of homes located immediately adjacent to the areas of the Burlington Airpark where fill was placed.  The results were provided to the individual private well owners.  The purpose of the private well testing was to determine the safety of the well water at the time of sampling based on the parameters tested.  The results were not intended to provide any conclusive evidence of any impacts from the filling operation at the airpark.  The Region has not completed any other testing, nor produced any reports or studies related to the fill operations at Burlington Airpark.

 Dr. Hamidah Meghani, Medical Officer of Health and Commissioner, Region of Halton

ROSSI  The Airpark will conduct further groundwater testing in the future and will be sharing the results with the Ministry.

An informed reader who asked not to be identified had these comments:

The majority of the sample wells are for testing groundwater that has reached the perimeters of the airpark.  The only interior well that I am aware of, is in a location with very little fill deposited.

 There does not appear to be any documentation from the MOE that indicates that Terrapex was erroneous in their 2013 identification of contaminants in the scant soil samples that Rossi provided.

Furthermore, since there was no indication as to where these identified contaminants lie within the airpark’s extensively filled sites, it is reasonable to understand and believe that while there is no health risk now, it is just a matter of time before these contaminants will leech into neighborhood wells and bodies of water. 

 Those who have kept up with this file, several on city council want a comprehensive, core test drilling for contaminants, grid by grid on all areas that Rossi accepted ungoverned and unregulated fill.

We are told by a source in the trucking industry that at least one of the companies that delivered landfill to the site says that all the soil the one company delivered was tested.   Aecon, Millennium Dumping, and King Paving delivered landfill to the site.  Where are all these soil samples – and why have they not been turned over to the City?

Yes they will be conducting further tests – because Mr. Rossi knows that without data that can prove there is no contamination – there will be little co-operation from anyone he hopes to do business with at city hall.  Testing has to be done over a lengthy period of time.

Dennis Monte, one of three people being sued for libel has delegated frequently on the air park. While a compassionate focused speaker – one wonders if this council is listening to him.

Please find attached a copy of the Ministry of the Environment and Climate Change (MOECC), Technical Support Section review of the following document: “Groundwater Monitoring Program and Limited Phase II Environmental Site Assessment” dated April 7, 2014, prepared by Pinchin Environmental Ltd. and signed by Melissa Gallagher, Sarah Ferguson and Andy D. Vanin.

 For reference, this report can be viewed at the Burlington Airpark website www.burlingtonai rpark.com.

 In summary, the Environmental Site Assessment and groundwater monitoring program found that groundwater down gradient of the fill area meets the provincial standards, except for uranium.

 Based on additional re-sampling that was done, the report concludes that the uranium levels are likely naturally-occurring.   A one-time cobalt exceedance was reported in one well, however additional core sampling was_done and  the exceedences were not found.

 Based on our analysis of the information provided in this report, the MOECC has found that there is no indication the fill operations are adversely impacting groundwater off site at this time.

 Going forward, the MOECC is recommending that Burlington Airpark submit an ongoing groundwater monitoring plan for our review.  The purpose of this groundwater monitoring program would be to monitor groundwater quality over time.

ROSSI  In another development, Airpark owner Vince Rossi announced that he will not pursue a further legal appeal against the City of Burlington on the question of jurisdiction to apply its site alteration bylaw on land used for an airport.

Mr. Rossi has until September 10^th to seek leave to appeal the Appeal Court decisionIf he doesn’t seek leave that ends things legally.  While Rossi has said he will not seek leave the city is going to sit tight until the ability to appeal is lost.

ROSSI  “While I do not agree with the decision given by the Ontario Court of Appeal in June, I accept the Court’s judgment and intend to comply with it. Equally important is my desire to move forward and in a mutually respectful and beneficial way with the Airpark’s neighbours, the City of Burlington and all other interested parties,” Rossi said.

The residents of the east side of rural Burlington scoff at the words “mutually respectful and beneficial way “  

ROSSI   “The Airpark is an important community asset, providing landing space for emergency medical flights and search- and-rescue aircraft, while also serving as a key economic driver for Burlington and Halton Region. It is my hope that with the litigation behind us, and the results of the groundwater testing re-confirmed, the City, Region and the Airpark can concentrate on enhancing the contributions the Airpark can make to the community and explore opportunities to attract more businesses and employment to our community. ”

Part of the Sheldon property on Appleby Line. That rise of land in the background is fill Vince Rossi dumped without a site plan. There is a pile of landfill on the other side of the property as well. Sheldon basically lives in a valley with 30 foot hills on either side. The value of her property has been reduced by as much as 60%

Justice Murray took the wind out of that sail with his decision which was agreed upon at the appeal level.

 We have a small piece of advice for Mr Rossi.  Make an appointment with Frank McKeown, Executive Director of the Burlington Economic Development Corporation.  His job is to grow the commercial and industrial side of the tax base for the city.  He also wants institutional but unless you want to put a jail on the property there is nothing there for you.

 McKeown is a tough cookie; he was Chief of Staff to the Mayor for two years and is one of those serial entrepreneurs that goes from one success to another.  He can read a balance sheet better than most people you are going to meet – profit and loss statements get the full Monty treatment from McKeown.  Pass the smell test with McKeown and you just might improve the Rossi reputation

 Most of the people in rural Burlington like the airport – they kind of like that light fluttering sound when aircraft are landing.  What they don’t like is what you have done to several properties.  And they don’t like the spin you put on almost everything.

 Can a leopard change its spots?  Probably not – can Vince Rossi change?  That’s an open question in the minds of the vast majority of your neighbours.

 The decent thing for you to do is buy the Sheldon property and get permission to fill the space between your two 30 foot piles of fill with landfill that meets all  the testing requirements. Then use the proceeds of that landfill to pay Sheldon.

 Finally Mr. Rossi – keep sending us your thoughts – we really want to see you succeed – just not at the expense of others.