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HomeMy WebLinkAboutCLD-009-03 .' REPORT 1/2 Cf!J!ilJgron REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: February 24, 2003 Report #: CLD-09-03 File#: By-law #: Subject: REQUEST FOR EXEMPTION OF NOISE BY-LAW #89-64 RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1 . THAT Report CLD-09-03 be received; 2. THAT an exemption to the provisions of By-Law 89-64 be granted to Habitat Works! Inc. for their work at lots 12 and 13 Broken Front Concession former Township of Darlington (Westside Marsh); 3. THAT this exemption be effective from this date to the 15th of April 2003 inclusive; and 4. THAT all the interested parties below be notified of Council's decision. Submitted by: U ~k-C~ ~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.:CLO-o3-o9 PAGE 2 of 5 BACKGROUND On February 10th, 2003, Mr Glenn Cartwright of Habitat Worksllnc. appeared before Council requesting an exemption to the Municipal Noise By-law #89-64. The exemption would permit dredging in the southern portion of the Westside Marsh for 24 hours a day from February 25th to March 31st, 2003. Dredging in the marsh is required to create new fish habitat and is part of a larger fisheries compensation package requested by the Department of Fisheries and Oceans (DFO) for destruction of fish habitat in the north portion of the Westside Marsh. Habitat Worksllnc. reasons for wanting to get the works done during the winter months include, less noise for the residents since doors and windows are closed during the winter months, it is less disturbance for the flora and fauna, and DFO only permits in-water works before April 1st and after July 1 st to the end of September. Ms. Glenda Gies also appeared before Council, requesting that Council defer consideration of the exemption until after the February 11th, 2003 Information Session, so that the residents could learn about the process and voice any concems. Council referred the delegations to Staff for a report on the matter. On February 13th, Habitat Works I Inc. requested that the noise by-law exemption be extended to April 15th, 2003, in case the project runs behind and assuming they can get an extension from DFO for in-water works. On February 11111, 2003 Staff from the Municipal Law Enforcement Division and the Planning Services Department attended the Information Session hosted by Habitat Worksllnc. and St. Mary's Cement. Approximately, 45-50 residents attended the meeting. Mr. Glenn Cartwright and Mr. Chris Gooderham from Habitat Worksllnc., provided a detailed overview of the marsh restoration project. The residents had an opportunity to ask questions and seek their input. .- REPORT NO.: CLO-o9-o3 PAGE 3 OF 5 Questions and comments from the Information Session are summarized below: >> Where is the dredging company from and how will the equipment arrive? The dredging company is Marine Dredging International Inc. of Sorel, Quebec. They have 25 years of experience in dredging. A hydraulic dredge will be used to suck the material out rather than scrape the material, which reduces the amount of sediment in the marsh. The equipment will arrive either by barge and will be unloaded on St. Mary's dock or will arrive by eight large transport trucks. The equipment will be stored at the old CBM site on Waverley Road. >> Will there be increased traffic on Cedar Crest Beach Road? No traffic is anticipated on Cedar Crest Beach Road. A new haul road will be built south of the hydro corridor to move the equipment in and out of the site. >> Will lights be used during the night-time dredging operation? Four lights will be on the front of the barge, pointed downward. No lights will be required where the slurry will be discharged. >> Why can't the works be completed next winter? Creating new fish habitat in the marsh is only one component of the overall restoration project. If the works are not completed this winter or summer then the rest of the project falls behind. >> How loud will the equipment be? The scope of the disturbance surrounding the site will consist of a stationary V-12 G.M. engine mounted on a barge. The motor component is wrapped and confined in a sonic isolating casing reducing the decibel dispersion by 15%. Two acoustic adapted mufflers are connected to the engine to absorb 40% of the exhaust noise. Habitat Works I Inc. claims the noise level will be equivalent to ambient traffic or three persons talking together. REPORT NO.: CLO-o9-o3 PAGE 4 OF 5 ISSUES The Clarington Noise By-law does not set specific decibel levels. It does state that it is an offence to create or permit noise which is likely to disturb. In addition to that, the by-law prohibits construction noise from occurring 24 hours a day. Staff acknowledges that this application is a violation of the Noise By-law and for that reason an exemption would be required. In order to keep the area residents informed throughout the entire process, Habitat Works! Inc will be installing a sign in the vicinity of Cedar Crest Road to inform residents of the works that will be undertaken. The sign displays the people to contact and their phone numbers and any calls received will be returned within 24 hours. Habitat Worksllnc. have committed to make every effort to keep the disturbance to the area residents to a minimum, however, it should be recognized that the dredging works are only a small component of the overall marsh reconfiguration process. The completion of the diversion channel for the Westside Creek creation of the overflow channel and the construction of the partition berm will require considerable earth moving during the next 18 to 20 months. Given the choices, the residents showed a preference for having the work proceed now instead of the summer due to the possible impact of the noise and dust on outdoor activities. It should be noted that the approval of Municipal Council is only one part of the constraints on Habitat Works! Inc. The subject lands are owned by the Central Lake Ontario Conservation Authority and were transferred as a condition of the Principals of Understanding between the Municipality of Clarington and St. Mary's Cement (formerly Blue Circle) for saving a portion of the Westside Marsh. CLOCA has stipulated that, prior to any work commencing, they will require insurance and other documents from Habitat Worksllnc. which hold the Conservation Authority harmless. To date these documents have not been delivered. REPORT NO.: CLD-09-o3 PAGE 5 OF 5 PROPOSED SOLUTIONS: Staff respectfully recommend that Habitant Works! Inc. and their contractors be granted an exemption from the restrictions of the Noise By-law #89-64, as amended, that this exemption extend forthwith to April 15, 2003 and that all the interested parties listed below be advised of Council's decision. Barring any difficulties in the delivery of the required documents to CLOCA, the work will be able to proceed at this time. Interested parties to be advised of Council's decision: Lynne Dennis, Port Darlington Community Association 151 Cedar Crest Beach Road Bowmanville, Ontario L 1C 3K3 Glenda Gies, Co-Chair St. Mary's Cement Community Relations Committee 311 Cove Road Bowmanville Ontario L 1 C 3K3 D. Glenn Cartwright Restoration Contracts Manager Habitat Works! Inc. 2099 Embleton Road Huttonville, Ontario LOJ 1 BO Wilson Little, Project Engineer St. Mary's Cement Company 410 Waverley Road Bowmanville, Ontario L 1 C 3K3