General Committee
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, Town Clerk
	PREPARED BY:	same as above
	DATE OF MEETING:	2005-06-20
	SUBJECT:	Noise By-Law Exemption

RECOMMENDATION:

That the Caribbean Music Fest Committee be granted an exemption from the Noise By-Law for an outdoor event to be held on July 31, 2005 from 2:00 p.m. to midnight in a tent located on the Shangri-La Convention Centre (Court Yard) property at 50 Esna Park Drive that will feature live amplified music.

PURPOSE:

To facilitate an exemption to the Noise Control By-Law as provided for in the by-law.

BACKGROUND:

A request has been received from Mr. Rick Mohamed, Chairman of the Caribbean Music Fest Committee for an exemption to the Town Noise By-Law on July 31, 2005 to 2:00 a.m. The current policy provides for staff approval up to midnight. As the request is for 2:00 a.m., the report is being presented to Committee for consideration. (See Schedule “A”)

OPTIONS/DISCUSSION:

The Caribbean Music Fest is a multi-cultural event being hosted in Markham during Caribana, which is one of the most popular weekends in Toronto. The Caribbean Music Fest will include local artists and various artists from all over the Caribbean. Sponsors advise the event is designed to attract a mature audience.

The property is the site of a convention hall. However, the request in this instance and in numerous others throughout the summer months, is for an event in a outdoor tent located at the back of the property. Despite the fact the property is located in an industrial zone, noise travels for miles, particularly during the late night/early morning hours. Numerous complaints have been received when events were held in the past. In addition to the problems with noise, the property provides for 360 parking spaces; whereas 2500 guests are anticipated.

OPTIONS/DISCUSSION: (Cont’d.)

Staff are anxious to encourage multi-cultural events in the Town of Markham but wish to ensure the quiet enjoyment of residents. To that end, Enforcement staff visited the property to assist with the provision of adequate parking and noise abatement measures to allow the event to go forward. The applicant engaged the services of a sound systems expert to effect some noise abatement measures. Equipment to measure the sound pressure level is available that can monitor the noise and be adjusted up and down, as required. Speaker placement is being altered to reduce the noise levels off-site.

The organizer anticipates this becoming an annual event and is anxious to cooperate with the Town. The Caribbean Music Fest Committee Chairman has agreed to:

· Go forward with the event with a midnight closing but would prefer a 2:00 a.m. In order to accommodate all of the entertainment that has been scheduled, an earlier start will be necessary in the event of a midnight closure.

· Ensure the noise abatement measures identified are in place for the event.

· Provide a letter confirming the fact tourism is being promoted and a shuttle-bus from the Holiday Inn is to be provided to transport people to and from the event.

· Make staff available to ensure that access is clear at all times and that additional parking is along one side of the street only or on adjacent properties.

· Provide letters confirming additional parking is available on adjacent properties.

· Place a newspaper advertisement in a paper with local circulation advising of the event and the closing.

· Provide copy of the artists’ schedule and the flyer illustrating the number of acts.

· A follow-up process to ensure activities proceeded as planned and to attend to any problem areas so to avoid a repeat at a subsequent event.

FINANCIAL CONSIDERATIONS:

None

BUSINESS UNITS CONSULTED AND AFFECTED:

None

ATTACHMENTS:

None

Sheila Birrell, Town Clerk.

Andy Taylor, Commissioner of Corporate Services