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TO: |
Mayor and Members of Council |
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FROM: |
Alan Brown, Director of
Engineering |
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PREPARED BY: |
same as above |
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DATE OF MEETING: |
2003-Jan-21 |
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SUBJECT: |
Application
for Exemption to Noise Control By-Law 218-89 16th Avenue Trunk Sewer Contract |
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RECOMMENDATION:
That an exemption to the Town’s
Noise Control By-Law 218 to extend the hours of work for the construction of
the second phase of the 16th Avenue trunk sanitary sewer from Stone
Mason Drive to Woodbine Avenue, as requested by the Region of York, be approved
as follows:
(a) Shaft Locations
Location 1 - North side 16th
Ave. opposite Longwater Chase (east)
Location 2 - South side 16th
Ave. between Warden Avenue & Lockbridge Ave.
Location 3 - North side 16th
Ave. between Woodbine Ave. & Rodick Road
1900 hours to 2300 hours
Monday to Friday from February 1 2003 to December 31 2005 for shaft excavation
and construction
(b) Shaft Locations
Location 4 - North side 16th
Ave. opposite Stone Mason Drive
Location 5 - North side 16th
Ave. opposite Aiken Circle
1900 hours to 2400 hours
Monday to Friday from February 1 2003 to December 31 2005 for shaft excavation
and tunneling
2400 hours to 0700 hours
Monday to Friday from February 1 2003 to December 31 2005 for maintenance
And
that the
request by McNally International for an extension to the existing Noise By-law
exemption at the 16th Avenue and 9th Line shaft location
from October 2002 to April 30 2003 be approved.
And
that the
approval of the Noise By-Law exemption for phase 2 of the 16th
Avenue sewer and the extension of the existing exemption at the 16th
Avenue/9th Line location be subject to the following conditions:
1. submission of drawing for each shaft location outlining the vicinity of abutting residential properties, equipment to be used on site, lighting levels, etc.
2. Meetings as required by Town with residents abutting the shafts to review mitigative measures
3. Implementation of a communication and well mitigation program as per Regional Council’s November 21, 2002 resolution
4. implementation of further mitigative measures arising from the Town’s and/or Region’s peer review of the dewatering program and public consultantion process
5.
noise levels emitting from the shaft must meet
Ministry of the Environment Guidelines
and Town By-law 218-89 (maximum 85 decibels)
6.
appropriate muffling devices must be installed
on all cranes and other equipment which will be utilized on the project.
7.
floodlighting at all shaft locations must be
adequately shielded to minimize light pollution
8.
heavy truck access to shaft locations must be
prohibited from 1900 hours to 0700 hours
9.
shaft areas must be enclosed on all sides by a
minimum 2.4m high insulated hoarding
10.
follow-up noise monitoring must be undertaken by the Region and McNally
International as required by and to the satisfaction of the Town
11.
the Town has the right to rescind the exemption
if the Region fails to comply with the above conditions to the satisfaction
of the Town.
PURPOSE:
The purpose of this report is to respond to issues raised at Committees September 10, 2002 meeting regarding the Region’s request for a noise exemption. The report also seeks to obtain Council approval for an exemption to the Town’s Noise By-Law to allow extended hours of operation during the construction of the second phase of the 16th Avenue trunk sanitary sewer from February 2003 to December 2005 and to extend the existing Noise By-Law exemption at the 16th Avenue/9th Line shaft location from October 2002 to June 30, 2003.
BACKGROUND
The Region of York is continuing the twinning
of the York/Durham trunk sanitary sewer to accommodate future growth in York
Region and the Town of Markham (Attachment “A”). The project commenced in 2000 with the construction of the trunk
sanitary sewer on 9th Line from the York Durham Sanitary Trunk at 14th
Avenue to north of 16th Avenue. In the spring of 2001, work began on
the installation of the trunk sewer on 16th Avenue from 9th
Line westerly to Stone Mason Drive to accommodate the Greensborough and Wismer
Secondary Plans. The second phase of
the 16th Avenue sewer construction will extend the sewer westerly
from Stone Mason Drive to Apple Creek Boulevard to connect to the previously
completed Highway 404 corridor sewer.
Council has previously granted exemptions to
permit extended work hours for the construction of the 9th Line
sewer and the initial phase of the 16th Avenue sewer from the 9th
Line westerly to Stone Mason Drive. These existing exemptions are for the same
hours of operation and contain the same conditions as the current request. To
date the Region’s contractor has complied with Markham’s conditions for the
exemption on both projects and the Region and the Contractor have taken
corrective action to rectify any problems that have occurred.
Staff submitted a report with recommendations
to provide noise exemption for the Region’s next phase of construction (Stone
Mason to Woodbine Ave.) to the September 10, 2002 Development Services
Committee. Committee deferred the
report so the Region could update them on dewatering problems and issues
related to their proposed construction and noise exemption request as per the
attached resolution (Attachment ‘B’).
DISCUSSION:
Region of York Request for Noise By-Law Exemption
The Region submitted a request in August 27,
2002 for an exemption to the Noise By-Law for the construction of the second
phase of the 16th Avenue sewer (Attachment ‘C’). Under this by-law
the operation of equipment for construction is permitted from 0700 hours to
1900 hours Monday to Saturday. The purpose of By-law 218-89 is to minimize
noise levels associated with heavy construction during the night hours (1900
hours to 0700 hours) and during Sunday and statutory holidays.
The type of construction being utilized by the
Region for this project (tunnelling) minimizes disruption to residents and
motorists. The only potential source of noise will be at the five tunnel access
shafts along 16th Avenue. These shafts (shown on Attachment ‘A’) are
staging compounds used to access the tunnel at various locations to remove
excavation material and deliver construction material. The extended work hours
will reduce the time required to complete the project thereby minimizing the
period of time that residents are impacted
by construction activities.
The location of the shafts and the exemption
requested at each location is as follows:
A) Locations
Location 1 – C11 - North
side 16th Ave. opposite Longwater Chase (east)
Location 2 – C13 - South
side 16th Ave. between Warden Avenue & Lockbridge Ave.
Location 3 - C14 - North
side 16th Ave. between Woodbine Ave. & Rodick Road
Exemption Requested
1900 hours to 2300 hours
Monday to Friday from January 1 2003 to December 31 2005 for shaft excavation
B) Locations
Location 4 – C8- North side
16th Ave. opposite Stone Mason Drive
Location 5 – C12 - North
side 16th Ave. opposite Aiken Circle
Exemption Requested
1900 hours to 2400 hours
Monday to Friday from January 1 2003 to December 31 2005 for shaft excavation
and tunneling
2400 hours to 0700 hours
Monday to Friday from January 1 2003 to December 31 2005 for maintenance
The
major issue associated with the Region’s 16th Avenue Sewer is the
impact of dewatering on rural wells. Regional Council at its November 21, 2002 meeting adopted recommendations to
address publics concerns regarding the dewatering impact, in particular a
public communication program, enhanced mitigation program and the Region being
the primary contact are proposed to address the public concerns.
The Region in response to Committee’s comments have submitted the enclosed letter dated January 2003 (Attachment ‘E’). The Region has advised that if a noise exemption is not granted it will add A minimum of 2 ½ years to the project schedule and dewatering impact. The delay would also increase the cost of the project by an additional ±17 million dollars. Staff recommends that this project and its dewatering impacts not be delayed and every effort be made by the Region’s contractor to complete this project and minimize the duration of the dewatering operations.
In May of 2001, Council approved a request from
McNally International, the Region’s contractor for phase 1 of the 16th
Avenue sewer, for an exemption to the Noise By-Law to permit extended hours of
work at the following locations;
16th Avenue at 9th Line – 1900 hours to 2400 hours
Monday to Friday from September 2001 to October 2002 for shaft excavation and
tunneling
2400 hours to
0700 hours Monday to Friday from September 2001 to October 2002 for maintenance
16th Ave at Brother Andre school - 1900 hours to 2300 hours
Monday to Friday from June 2001 to December 2001 for shaft excavation
Stone Mason Drive - 1900 hours to 2300 hours Monday to Friday from September 2001 to March 2002 for shaft excavation
Due to schedule delays that have been experienced on this phase of the project, McNally is requesting an extension to the existing exemption at the 16th Avenue and 9th Line location from October 2002 to April 30 2003 (Attachment ‘D’). The hours of operation and conditions that currently apply to this exemption will remain unchanged.
FINANCIAL
CONSIDERATIONS:
There are no
financial considerations relating to this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
None
ATTACHMENTS:
“A” Site
Location
“B” Council
September 10 resolution
“C” Region of York August 27, 2002 request
“D” McNally International request
“E” Region’s January 2003 Letter
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Alan Brown, C.E.T. Director of Engineering |
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Jim Baird, M.C.I.P., R.P.P. Acting Commissioner of Development Services |
Document3
