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HomeMy WebLinkAboutCLD-024-11 Clarington REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Sept. 12, 2011 Resolution#: 1 By-law#: Report#: CLD-024-11 File#: Subject: RESULTS OF MEDIATION MEETING - SHOOTING CLUB NOISE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-024-11 be received; 2. THAT an expenditure not to exceed $5,800.00 be approved, the funds to come from Account # 19-191-00000-7161 By-law Enforcement— Professional Fees, to retain the services of Swallow Acoustic Consultants Ltd.; and 3. THAT all interested parties listed in Report CLD-024-11 be advised of Council's decision. f Submitted by: Reviewed by: 4iunlcipall L. B rie Franklin Wu Clerk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-024-11 PAGE 2 BACKGROUND AND COMMENT On July 4, 2011 Council passed By-law 2011-068, amending the Noise By-law. This amendment affects the gun clubs and their users by redefining the times of operation for the clubs. At that time, Council passed a resolution which reads, in part: "THAT the shooting clubs, law enforcement agencies, area residents and staff communicate on how they can move forward on this matter to meet the limits as set forth in the proposed draft by-law in items 1 and 2 with an effective date of September 19, 2011;" Subsequent to Council passing this resolution, staff arranged a meeting with the affected parties. In order to deal fairly and openly with all sides, staff retained the services of an outside mediator, Valerie Hazlett Parker, a solicitor and trained mediator with several years experience. All involved parties were asked to submit a brief of their concerns which would be distributed to the other individuals attending the meeting. Only one participant, Ms. Nancy Wilson, forwarded any documentation. Ms. Hazlett Parker and all parties were supplied with copies of these documents as well as background material from staff. On August 16th this year, a meeting was convened at the Municipal Administrative Centre. Present were representatives from the Leskard community, the Union Rod and Gun Club, the Orono Fish and Hunt Club, the Marksmen Club of Oshawa, the RCMP, the Canadian Pacific Railway Police, the Chief Firearms Officer, the Ministry of Natural Resources' Bear Response Team and Municipal Clerks' Department staff. The main issue centered on the Orono club and the increased use of the facilities by the various enforcement agencies. Local residents stated that they did not have an issue with the "regular users" of the club or the original frequency of the shooting. The problems arose when the enforcement agencies began to use the facility for training of their officers. At that point the intensity, frequency and volume of the noise increased dramatically. Where residents had been used to the Club being used only two days each week, Wednesday and Sunday, they were now listening to the sound of shooting five and six days for several weeks at a time. The mediator focused the discussion on how the gun clubs planned to deal with the concerns of the residents. Representatives from the Union Rod and Gun Club stated that they had installed large sound attenuation berms around the property and done tree planting along the berms. The trees help break up the sound waves and the berms absorb and deflect the sound waves. The representative from the Orono club stated that the club is in the process of purchasing an unopened road allowance along the east side of the property to be used to construct a large berm to absorb and deflect the sound travelling east toward the hamlet of Leskard. REPORT NO.: CLD-024-11 PAGE 3 According to the representative, studies conducted by the National Association of Shooting Ranges have shown that the berms will decrease the noise levels by approximately 10 decibels. In addition, they will be installing noise baffles around the pistol range itself and in the area of the targets to absorb some of the sound at its source. Several residents voiced the concern that the 70 decibel level that was established by By-law 2011-068 is too high and want it reduced to 50 decibels. There is a new draft guideline in the preparation stage at the Ministry of the Environment which, if left unchanged, would recommend a noise level of 50 decibels irrespective of when a gun club or shooting range first operated. This document entitled NPC-300 is a draft document only and, if approved, would form part of the Provincial Guidelines. As such, it is not enforceable legislation. It is only a guideline, as NPC-232 currently is, which can be considered by municipalities when making land use planning decisions and/or regulating noise limits through noise by-laws. A concern was raised about the frequency of shooting on the range. It was felt by several residents that if the range was going to be allowed legal non-conforming status then the members have to abide by the terms and use of the range as it was first established, that being shooting only twice each week. This view is not correct. Legal non-conforming status speaks only to the land use, not the hours or days of operation. The Orono Fish and Hunt Club existed at its' current location prior to the enacting of the first Clarke Township Zoning By-law, therefore it has a right to continue operation. Zoning regulations do not speak to frequency, intensity of use or times of operation, simply whether or not the use is permitted on the land. The clubs indicated that they are open to having their sound levels monitored and would also like to conduct independent monitoring on the neighbouring properties to determine the effectiveness of their efforts. Also, the Orono club advised that they would address the matter of reducing the hours of operation with their Board of Directors and perhaps shorten the times available to the enforcement agencies. All parties agreed that, in the case of the Orono Fish and Hunt club a firm schedule of use would be most helpful to the area residents so that they can plan their activities around the use of the range and thereby minimize the impact on their lives. At the conclusion of the meeting several of the residents stayed behind to talk privately with the Orono representatives. A schedule will be drawn up of all Orono's shooting activities for the year and made available to the local residents. CONCURRENCE This Report has been reviewed by Nancy Taylor, Director of Finance/Treasurer and Andrew Allison, Municipal Solicitor, who concur with the recommendations. REPORT NO.: CLD-024-11 PAGE 4 CONCLUSION Ms Hazlett Parker prepared a report for staff on the meeting. In her conclusion Ms Hazlett Parker stated: "After lengthy discussions and statements made by everyone present, who wished to be heard, a number of agreements were reached. They include the following: 1. Neighbouring residents of the Orono Fish and Hunt Club will allow Gun Club members onto their properties to conduct sound tests. They agreed that after the meeting they would exchange contact information so that this could be organized directly. 2. The Orono Fish and Hunt Club will give advance notice of special events to nearby residents as far in advance as possible. 3. The Orono Fish and Hunt Club is in the process of acquiring a properly calibrated sound meter from Cameco, which they will use under various weather conditions, to take sound reading. 4. The Representative for the Orono Fish and Hunt Club would take to his Board the possibility of reducing the hours of operation of the Orono Fish and Hunt Club." The process of purchasing the abandoned road allowance is proceeding through the Engineering Services Department as per Municipal procedure. A report to that effect is being considered by the General Purpose and Administration Committee on September 12, 2011. It is staff's opinion that the meeting and the use of an independent mediator were helpful in bringing both sides together and will lead to better relations and a general improvement for all concerned. With regard to the noise levels at the range, staff have contacted Swallow Acoustic Consultants Ltd. to arrange for them to conduct sound monitoring in the area when the range is in use. This will provide staff with a baseline for measuring the current noise levels and the effects of any future work done by the club to reduce the noise. The cost of the sound monitoring is estimated at $5,800 and will require a few weeks to complete. The Municipal Law Enforcement Division is prepared to retain the firm to conduct the monitoring however the cost exceeds the funds currently available in the Division's Operating Budget. Staff are therefore seeking approval for this expense. CONFORMITY WITH STRATEGIC PLAN — Not applicable STAFF CONTACT: Len Creamer, Manager, Municipal Law Enforcement REPORT NO.: CLD-024-11 PAGE 5 LIST OF INTERESTED PARTIES TO BE ADVISED OF COUNCIL'S DECISION Ard Neiman Resident Ron Alldred Orono Fish & Hunt Club Tony Bernardo Orono Fish & Hunt Club John Baker The Marksmen Club of Oshawa Karen McArthur Resident Nancy Wilson Resident Alan Risebrough Resident Elizabeth Macleod Resident Bruce Blight Resident Rick Roddy President Orono Fish & Hunt Club Brady Hooker Vice-President Orono Fish & Hunt Club Kelly Adams Resident Steve Cody RCMP Shelly Richards Resident Lynne Richards Resident Sue Richards Resident Ron Kirst CP Rail Police Tammy Gould Resident Paul Young Union Rod and Gun Club Hank Krawczyk Chief Firearms Office