Report to: General Committee Report Date: 2008-01-16
SUBJECT: Canadian National Railway (CN) Complaint Resolution Process
PREPARED BY: Sheila Birrell, Town Clerk, Extension 4729
RECOMMENDATION:
Whereas the Town of Markham has received complaints regarding excessive noise and vibration from residents living in the vicinity of the CN Bala York railway subdivision in Thornhill;
And Whereas in 2006 the Town of Markham retained independent noise consultants to study noise and vibration from railway operations in that location, and the study report confirmed that there were grounds for the resident complaints;
And Whereas the results of the independent noise consultant testing concluded the noise generated at the CN Bala York railway subdivision exceeds the noise levels permitted in the Town’s Noise By-Law;
And Whereas at its June 26 2007 meeting Council approved a resolution directing staff to initiate a Public Liaison Committee process with CN to review the findings of the consultant’s study to develop recommendations on solutions or measures to address noise and vibrations ;
And Whereas staff have facilitated meetings on October 22 2007 and November 19 2007 between resident representatives, CN representatives and Council members pursuant to the Voluntary Dispute Resolution Process of the Railway Association of Canada (RAC) and the Federation of Canadian Municipalities (FCM);
And Whereas at the meeting held November 19 2007 CN representatives confirmed that continuously welded rail, which reduces noise impacts of train passage, has been installed on most of the east west line, but that jointed rail still exists on the north-south line. CN representatives confirmed that continuously welded rail is to be installed on the north-south line at a future date and undertook to report back on the time frame for this installation;
And Whereas CN representatives confirmed that maintenance and upgrading of the rail diamond , involving replacement of ties, reballasting to improve ground stability, use of heavier metal plates, and thicker rubber pads, will also be implemented, and that an experimental process called “mounding” which involves over-raising the diamond is being considered here;
And Whereas it was the opinion of residents and Council representatives that procedures should be put in place to monitor CN measures to reduce noise emissions at the diamond, and other locations as required, including measurement of sound levels before and after the upgrades implemented by CN, to determine whether these upgrades have reduced noise emissions;
RECOMMENDATION: (cont’d.)
THEREFORE BE IT RESOLVED THAT CN be requested to proceed with the installation of continuously welded rail on the north-south line of the CN Bala intersection and the proposed state of the art improvements to the diamond as expeditiously as possible;
And that CN be requested to partner with the Town to facilitate independent noise testing to determine the effectiveness of work being undertaken by CN at this time to reduce noise impacts being experienced by residents in the vicinity of the CN Bala intersection and other locations as required.
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
PURPOSE:
To facilitate the Town of Markham petitioning CN to reduce noise impacts being experienced by residents in the vicinity of the CN Bala intersection and to partner with the Town for the provision of independent noise testing to determine the effectiveness of work being undertaken by CN in the vicinity of the CN Bala intersection and at other locations as complaints arise.
BACKGROUND:
The Town of
For approximately two years, Town staff have researched and monitored the development of various initiatives that may provide recourse for residents experiencing these impacts. These initiatives have included the Local Dispute Resolution Process under the Proximity Issues collaboration between the Railway Association of Canada and the Federation of Canadian Municipalities (RAC/FCM); the mediation process of the Canadian Transportation Agency (CTA), and the amendments to the Canadian Transportation Act (Bill C-11) which give statutory authority to the Canadian Transportation Agency to resolve noise and vibration complaints related to railway operations.
In the fall of 2007 Town staff and the Ward 1 and 2 Councillors whose wards are affected by the railway operations facilitated two meetings between designated representatives of CN and a resident committee, pursuant to the RAC/FCM Voluntary Dispute Resolution process. A third meeting is scheduled for January 2008. The Canada Transportation Act requires that voluntary, collaborative measures must be exhausted before the Canadian
BACKGROUND:
(cont’d.)
Transportation Agency
will accept a complaint under s.95.1. Accordingly, this collaborative process
is being accessed by residents and the Town of
Participation in this voluntary RAC/FCM process has been informative for residents and for Town staff and Council members. Certainly, a collaborative resolution of the issues involved would be desirable. However, to thoroughly address these complaints, and ensure that any remedial action taken is effective, Councillors, staff and the Resident Committee Members are of the opinion that noise testing both before and after any remedial work is undertaken are essential to ensure the effectiveness of those measures.
The Voluntary Dispute Resolution process has been a cooperative one. The residents were very helpful and had excellent suggestions for consideration by CN. There are two outstanding matters. The first issue is the installation of continuously welded rail on the north south line and upgrading of the rail diamond. Continuously welded rail has been installed on the east-west line and CN plans to extend this technology to the north-south line. In addition, the diamond is to be upgraded with replacement ties, reballasting to improve ground stability, installation of heavier metal plates and thicker rubber pads, which is “state of the art” now for diamonds. An experimental process of “mounding” which involves over-raising the diamond is being considered at this intersection.
The second issue is CN’s refusal to partner with the Town to undertake both pre and post noise testing to determine the effectiveness of any remedial work undertaken. That is something the Committee feels strongly should happen and staff is recommending Council petition CN to that affect.
FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)
Staff estimates, on a go forward, pre and post noise testing at $10,000 for each location. Should CN agree to partner for a shared cost arrangement, the Town’s cost per location would be approximately $5,000.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ACCESSIBILITY CONSIDERATIONS:
Not applicable
ENGAGE 21ST CONSIDERATIONS:
Engage 21st identifies the Town’s corporate goals of organizational excellence…to achieve excellence in managing and delivering quality services through quality people.
The proposed service will strengthen a sense of community.
BUSINESS UNITS CONSULTED AND AFFECTED:
Not applicable
RECOMMENDED BY:
________________________ ________________________
Sheila Birrell Andy Taylor
Town Clerk Commissioner of Corporate
Services
ATTACHMENTS:
Not applicable