Report to: General Committee Date Report Authored: June 14th, 2010

SUBJECT: CN Bala/ Doncaster Railway Diamond Noise

PREPARED BY: W. Wiles, x4851

RECOMMENDATION:

1) That the report entitled “CN (Canadian National) Bala/ Doncaster Railway Diamond Noise” be received; and,

2) The CN Bala/ Doncaster Railway Diamond Public Liaison Committee’s recommendation for the construction of a noise barrier and a rail vibration isolation scheme be endorsed by Council and forwarded to CN for action; and,

3) That a copy of the report and Council’s endorsement be sent to the Honourable John Baird, Minister of Transport, to the Honourable Peter Kent, Minister of State of Foreign Affairs (Americas), to Peter Shurman, MPP Thornhill, and to the Federation of Canadian Municipalities (FCM); and,

4) That CN be requested to work with the Honourable Peter Kent, Minister of State of Foreign Affairs (Americas) Office to resolve community compatibility issues related to the 24/7 operation of the Doncaster Work Yard for non-emergency railway maintenance operations; and further,

5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

PURPOSE:

The purpose of this report is to:

1. Obtain Council’s endorsement of the Public Liaison Committee’s recommendations to mitigate railway noise and vibration impacts at the Doncaster Diamond;

2. To endorse the process undertaken by the PLC to date with the support of Town of Markham staff and Council members;

3. To acknowledge the completion of the Town’s administrative and technical support for the PLC; and,

4. To request that Federal MP for Thornhill and Minister of State of Foreign Affairs (Americas), the Honourable Peter Kent, continue to work with the PLC and CN to resolve local community issues with CN rail operations and noise levels.

BACKGROUND:

The CN Bala York railway subdivision passes through the Thornhill area of Bayview Avenue and John Street (Attachment ‘A’) and contains two railway lines, one running north/south and one running east/west. The lines cross at what is known as a railway diamond which is located directly to the northwest of residents on Coral Harbour. Because of the rail diamond, normal noise and vibration levels from passing trains are exaggerated by the repetitive striking of train wheels as the wheels pass over the open gap at the crossing points of the tracks.

In response to complaints from residents living in the vicinity of the CN Bala York railway subdivision about excessive noise and vibration from the passage of trains across the diamond, the Town of Markham retained an independent Acoustic Consultant, SS Wilson Associates, to conduct a noise and vibration study. The study found:

· That the noise impacts in the area of the railway diamond were “unusual” and that “residences located within the rail diamond area were exposed to higher sound levels by comparison with other residences located along the through rail lines only.”;and,

· That while vibration levels were marginally in excess of the international criteria for acceptability of vibrations, the frequency of vibrations were more annoying due to the very rapid variations caused by the rail diamond

The consultant’s findings were reviewed at the June 26, 2007 Council Meeting with Council adopting resolution to initiate a Public Liaison Committee process with CN to review the findings of the consultant’s study and to implement a joint solution to address the excessive noise and vibration (Attachment ‘B’). Staff was also authorized to provide administrative/technical support for the PLC and have facilitated meetings since the first meeting in October, 2007

PLC Membership

The PLC was comprised of:

· Residents from Coral Harbour;

· Representatives form the Johnsview Village Townhouse development;

· Representatives from Bayview Glen Residents Association;

· Councillors Valerie( Ward1) and Erin Shapero (Ward2);

· Honourable Peter Kent, Minister of State of Foreign Affairs (Americas)

· MPP Peter Shurman;

· CN representatives, who attended the meetings and provided information on CN operation procedures, train speed, track maintenance, technology, history of the diamond area and longer terms plans for the lines in this area.

· Town Clerk and By-law Enforcement Staff

OPTIONS/ DISCUSSION:

Noise M RAC/FCM Local Dispute Resolution Process

PLC meetings have followed the RAC/FCM Local Dispute Resolution Process, developed and approved by the Railway Association of Canada (RAC) and the Federation of Canadian Municipalities for use by railways and community stakeholders. The first step of the process is to identify issues of concern to each party, to meet in person, establish dialogue and share all relevant information. The goal is to attempt to achieve a jointly agreed (collaborative) solution to a problem. If the matter is not resolved, the next step is for the PLC to formally propose a recommended solution to CN. (This is a current step the PLC is at and the subject of this report)

With the submission of a solution to CN, the Canada Transportation Agency (CTA) will be in a position to provide facilitation services to support the efforts of parties attempting to arrive at collaborative resolution of proximity disputes. If CN refuses to meet with the residents to formally discuss the recommended solutions, or to engage in a CTA- assisted facilitation process, the PLC may pursue a formal complaint pursuant to 95.1 of the Canada Transportation Act.

Noise Matters with Railways a Federal Issue

Federal MP for Thornhill, the Honourable Peter Kent, joined the PLC meetings following his election. He confirmed that he had received numerous complaints about railway noise from his constituents. He advised that with passage of the amendments to the Canada Transportation Act and the implementation of the Guidelines for the Resolution of Complaints Concerning Railway Noise and Vibration, there is a heightened sensitivity to rail noise impacts and recognition by the railway industry of the need for better community relations with residents living in close proximity to rail lines and operations. Mr. Kent confirmed that the issue of railway noise in the Doncaster Diamond is a Federal issue which he intends to carry forward within the Federal government should the matter not be resolved.

Noise Mitigation Measures Implemented by CN to-Date

CN has undertook the following measures to reduce noise and vibrations during the PLC process.

· Installation of continuously welded rail in the tracks leading up to and away from the diamond (however, this technology can’t be used at the rail diamond as gaps in the rails are necessary to allow train wheels to cross the intersecting rails); and,

· Upgrade of railway diamond in 2008. The upgrade involved the replacement of ties under the diamond, re-ballasting to improve ground stability, and use of heavier metal plates and thicker rubber pads.

CN anticipated the above measures would provide some mitigation of the noise and vibration. While residents reported some initial improvements, they have found that the trains began to move faster through the area, which has in fact aggravated the noise.

Recommended PLC Measures for Implementation

SS Wilson Acoustical Consultants have recommended to the PLC and CN the installation of sound barriers made of sound absorbent, non combustible, self-draining material around the diamond. The consultants predicted that installation of sound barriers of approximately 4 m in height placed 5.5 m from the train could reduce the diamond crossing noise by 10 dBA, which would translate to a significant reduction in noise impacts being experienced by nearly residents. To address vibration impacts, the consultants recommended a rail vibration isolation scheme also be implemented to isolate the diamond from the sleeper ties and reduce the vibration impacts.

Johnsview Village Townhouse Development

The Town has received numerous noise complaints about the works yard operations from Johnsview Village residents; however, the Town’s noise by-law is not applicable to CN land as the railway operates under Federal jurisdiction. CN advises the works yard is used for both regular and for emergency track repair operations. Johnsview Village representative’s report that recently have operations at the site intensified and are seeking assistance from their elected officials to resolve the matter with CN.

January 2010 PLC Meeting

CN representatives are offering any further solutions or actions to address noise and vibration issues. Following a review and discussion of the technical data presented by SS Wilson and Associates, the PLC concluded that the noise and vibration impacts and improve their enjoyment of their homes. The PLC requests Council endorse the proposed solution and the recommended solutions be forwards to CN and to the relevant Federal and provincial representatives for further action. The Town’s provision of direct administrative/technical support will conclude with the submission.

ALIGNMENT WITH STRATEGIC PRIORITIES:

Transportation/ Transit – Supports actions related to transit oriented development, land use, TDM, infrastructure, and environmentally friendly transportation nodes and corridors.

RECOMMENDED BY:

ATTACHMENTS:

Attachment “A”- Railway Diamond Location

Attachment “B”- Council Report: June 7, 2007

Attachment “A”- Railway Diamond Location

Attachment B:

http://WWW.MARKHAM.CA\MARKHAM\CCBS\INDEXFILE\Agendas\2007\General\gc070625\Resident Noise.pdf