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Home My WebLink AboutADMIN-32-97. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT REPORT#2 Meeting: COUNCIL File# ~q~~~p Date: Res. #~_~~ JUNE 23 1997 By-Law # Report #: ~ F~j#: ~'~ - \a~j a~ - ~a~. Subject: Mosport Park: Proposed By-laws No.'97-124, 97-125 and 97-126 attached to Addendum to Report #CD-~6-97 to which will amend the Noise By-law, the Public Ente tainment By-law and the Exhibitions Held for Hire or Gain By-law Recommendations: It is respectfully recommended that Council approved the following: 1. That Administrator's report ADMIN. 32-97 be received; 2. That the draft By-laws No. 97-124, 97-125 and 97-126 be amended in accordance with this report and as amended, be passed by Council; 3. That the By-laws covering Mosport Park be revisited at the end of the 1997 racing/concert season in order to re-evaluate the set DBA levels noted in the said By-laws; 4. That copies of report ADMIN. 32-97 and Council's decision be forwarded to the North Clarington Ratepayers Association Inc., and IMSG Properties Ltd. BACKGROUND: At its meeting of June 9th 1997, Council considered Addendum to Report CD-26-97, heard representation from the North Clarington Ratepayers Association and the International Motor Sports Group (IMSG Properties Ltd.). During Council's deliberation, the Municipal Solicitor advised Council that he would be submitting a further report recommending certain amendments to the By-laws in question to correct certain typographical errors and to make certain substantive changes of a technical nature. Council then approved the Addendum to Report CD-26-97 and deferred passing the By-laws until its meeting of June 23rd 1997. COMMENT: We now enclose a self-explanatory letter from our acoustic consultant, John Swallow, dated June 13 1997, addressing concerns voiced by the representatives of IMSG Properties Ltd. pertaining to the By-laws in question. We also enclose a report from the Municipal Solicitor dated June 17th 1997 giving further information to the changes in the By-laws that will be before Council for approval. The Chief Administrative Officer's office has had further contact with IMSG Properties Ltd. and enclose a letter from them dated June 13 1997 again requesting a deferment of the passing of the By-laws in order to carry out further studies pertaining to the proposed DBA levels. The correspondence goes on to say that should Council pass the amended By-laws, IMSG is prepared to work with staff over the 1997 season in order to comply. They also request that the By- laws be re-evaluated at the end of the 1997 season. Staff has already advised Council that it has no problem in meeting with all parties involved to revisit the issue at that time. RECOMMENDATIONS: It is recommended that Council approve the revised By-laws as submitted and instruct staff to work with IMSG Properties Ltd. over the 1997 season and revisit the noise issue following the racing/concert season. Respectfully submitted, ~~~~~~~~~~-~f\ W. H. Stockwell, Chief Administrative Officer WHS:nof att. svrr~-1Lw FAX TRANSM/TTA,L DATE: n 1 997 TO: Dennis Hefferon FAX >Y 68 0306 CQMPANY. M: wall w 3UBJECT: _ CLARINGTON NOISE BY-LAW - REcpONSE TO CONCERNS RAICFn av nnnSPORT N be f Pd es In ver COMMENTS: Dennis: Both the operators of Mosport and their acoustic consultant, John Coulter, raised the concern that they have no experience with the noise by-law amendments and would need a season in order to acquire experience and knowledge to determine whether or not they could meet the by-law in future circumstances. I think the by-law quite reasonably anticipates this by establishing the procedure for approval of plans by submissions to the City engineer, Further, we and Jahn Coulter already have considerable experience with the Mosport site, with regards to propagation of sound from inside the site to a lot line. Based on existing measurements and/or reasonably quick tests, they can calculate what sound power and spectrum !equivalent to sound levels measured aY known distance from a noise source} can be tolerated at any given location within Mosport in order to meet the criterion. Imagining for a moment the Mosport Ig considering a new event - either a music concert or a race event -tor a race avant they would Head only t0 get sound level measurements taken On similar vehicles elsewhere and with the knowledge of tho number of vehicles involved in the race they can easily estimate the sound level at the lot line. In the event of a music concert event knowing the characteristics o} the amplifiers and loud speakers to be used (power and efficiency, etc,!. They can also calculate the expected sound level at the lot Ilne. This is exactly what was done last year In advance of the EDENFEST event. If there is a problem based on the calculations then we have the option of either adding noise controls pr changing the event timing to coincide with one of the periods when sound levels are permitted. Regards, ~o Jahn ~ (Je.a" Post-It"' brand fax transmittal mama 7671 sotpsys s ~ ~, ~ ~W.'4,~. . ,, ,, •• ,, rom '~~ /N4~ Co. ~~ilu~ ~lJ Co. Dept. ianone x rux QoS 623 571 `" 4M.} Zl 'T~i !F YOU DO NOT RECEIVE ALL THE PAGES PLEASE CALL 4t 6/798•Db22; FAX 418!213-1079 John Swallow Associates, 260 Galaxy Blvd., Etobicoke, Ontario M9W 5R8 CWIFA%].DDC i ENNiS (;. HEFFERON aARR18't'ER A SOLICn'CR i Tobphono (4101 980.99£8 FaosYnY (410) 008-0908 cula zsao 1~0 AdaWd. BMd Wrf TORONTO, ONTARIO M0H PM4 TOX Box 98 June 17, 1997 BY FAX Mr. W.H. Stockwell Chief Adminletratlve Officer (Municipality of Clarington 40 Temperance Street Bowmanvllle, Ontario Li C 3At3 'Dear Mr. Stockwell: Re: Moeport Park; Proposed By-laws No. 97.124, 97.125 and 97-120 attached to Addendum to Report #CD-26-97 to whloh will amend the Nolae By- law, the Publlo Entertainment Bylaw and the Exhibitions Hald for Hire or Gatn By-law 1.0 Recommendation 1. THAT draft By-laws No. 87.124, 97-i 25 and 97-128 be amended in accordance with this report and as amended, be passed by Council. A BACKGROUND .1 At the meeting on June 9, 1887 Council considered Addendum to Report #CP-28-97 and heard representations from Mr. Clay Taylor (North Clarington Ratepayers Aasaclation Inc.} and Ms. Dabble Pearl and Mr. John CouRer (International Motor Sports Oroup). 1 advised Council that in consuftatlon wfth Mr. John Swallow I would be submitting a report recommending certain amendments to draft Bylaws No. 97-124, 97-125 and 97-128 to correct certain typographical errors and to make certain substantive changes of a technical nature. .2 CounCll then approved the Addendum to Report #CD-28.97 and deferred passing the By-taws referred to In ft. -Page2• ~.3 I have corrected the typographical errors in draft By-laws No. 97.124, 97.125 and 97.128 which will be before Council for considerat(on at its meeting on June 23, 1997. I will be present to respond to any questions members of Council may have concerning them. However, I will not detail them in this letter. ! recommend the following substantive changes to the By-laws referred to In the Addendum to Report #CD-28.97: (a) Amend new subsection 1 {3) of the Noise By-law added by paragraph (e) of Byiaw No. 92-t24 to increase the area of primary auditory impact from 200 metres to 500 metres from any boundary of Mosport Park. (The area of primary auditory impact Is Intended to Identify lands on which a significant number of houses are located 500 metres from any boundary of Mosport Park is a more appropriate distance than 200 metres); (b) Amend section 1 of Schedule "C" of the By-laws to change the acoustic energy I®vel referred to in it from 200 Hz to 2000 Hz. (Mr. Coulter In his submissions to Council had indicated that the reference to 200 Hz was erroneous. Mr. John SwaElows concurs. The reference should have been to 2000 Hz.}; and (cj Amend the deflnltlon of "Acoustic Calibration" in each of the By-laws to replace the rehrence to "Instrumentation of Acoustic Calibrators" with "Specificatlans for Equipment Used In the Measurement of Sound". (The latter words are used in the Schedules to the Bylaws.} Thsse changes are of a technical nature and are supported by Mr. Swallow. Yours very truly, r I Dennis C. He on QCH: bg ~. Mr. John Swallow ~~ ~ `~M~G Pro es Ltd. June 13, 1997 Mr. Bill Stockwell Municipality of Clarington 40 Temperance Street Bowmanville, Ontario, Canada LIC 3A6 Dear Bill, I have been advised that the Clarington Council will be adopting the noise abatement bylaw in a version as presented to our company the week of 9 June 1997. I feel 1 must present Mosport's position on this bylaw as fotlows: 1. Mosport prefers that the establishmem of any such bylaw be delayed until after the 1997 season in order for us to conduct our own tests to determine if the proposal DBA levels allow Mosport to function as a top facility for motorsports events. 2. I understand that the bylaw is going to be ratified now and I assure you that MospordlMSG Properties Ltd. will continue to cooperate with the Clarington staff and will try to reasonably comply with the legislation. 3. I ask that you include in the version of the bylaw that is enacted a commitment to reevaluate the set DBA levels at the end of 1997. In spite of this early issue, I am confident that you and your staff and the Mosport management have established the basis for a fair and productive relationship. Sincerely, ck L g President JL/km 3502 Henderson Boulevard, Tompo FL 33609 Telephone (8l3J 877-4672 Fax (8?3) 876-7030