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Direction of Community Services Committee

File:Meeting Date:

Distribution:

B-5400Februar 19, 2007

To~

City ManagerDevelopment ServicesCommunity ServicesCorporate ServicesCity Clerk ServicesLegal ServicesFinance and Purchasing ServicesInformation Technology ServicesHuman Resource ServicesFire ServicesMunicipal Law Enforcement and Licensing ServicesOther

CARRIED

CS-07 -45 Ted and Irené Warren - Regarding Unattended Idling of Diesel Locomotivesin Residential Areas (All Wards)Moved by Councilor Marpietr,

"That Ted Waren be invited to the next Commun1y Services Committee meeting to discuss hisconcerns." CARRED

Andrea CorbeilCommittee Co-ordinator

98013-0510 Page 1

16

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Ted & Irené Waren

S. 14(1). Municipal Freedom

of InformatIon and Protectionof Privacy Act

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SUBJECT UNATTENDED IDLING DIESEL LOCOMOTIVS IN RESIDENTIA ARAS

Attention Annette Thvs, Community Relations RepresentativeCanadian Pacific Railway, Calgar Albertacommunity connectrlcor.ca

For many years my wife and I have been troubled by the length of time taken to resolve what we regard asa simple environmental issue, one that is right here in Oshawa, in our own back yard.As is demonstrated by the attched copies of correspondence, our complaint in this case is specificallyregarding the idling of unattended diesel locomotives. In one reported incident there were five alllinkedtogether idling unattended, and another several were left for 18 hours. You can imagine the fumes driftingour way when this happens with little or no chance of any immediate remedial action, as there would be ifa large truck was left idling on the street.On Monday Jan. 21" 7:50pm my wife called the CP yard master at (905) 725-4746 as she has done manytimes before. John took the call, and he initially suggested "it was not one of ours". There upon she took alarge flash light went out and got the number which seemed to indicate that indeed it was one of theirs.She was then told the crew had left to spend the night in a hotel and would be back in the morning.However she insisted that it be moved and called back several times, by 10.30pm it was moved away.Now there seems to me to be no reason why the locomotive couldn't have been taken back along the spurline, and left somewhere in the yard, where it belongs when not shunting.What has happened to the "smart star", mentioned in Mayor Diamond's letter of Oct ioth 1996, surelytechnology has improved in this direction since then, and perhaps someone could respond on this issue.

Yours truly, Ted & Irené Warren

C.C.

r'./' 1) Oshawa City Councilor Tito -Dante Marimpietri (Wards Two & Four)

2) Coiin Carrie MP.,

410 Justice BuildingHouse of CommonsOttawa, ON KiA OA6

3) Jack Layton, M.P.

Leader of the NDPHouse of CommonsOttawa, ON., KiA OA6

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4) Jerry Queliette, MPP Room 428,Legislative Building

Toronto, ON. M7A 1A8

EncL Canada Transport Commission Nov 6th 1986CP Customer Action Team Apr. 28th i 996City of Oshawa Oct. Oth i 996Canadian Pacific Railway March i 6th 1999City of Os haw a Feb. 4th 2004

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.+ Canadian TransportCommission

Commission canadiennedes transpors

20 Toronto St., 5th FloorToronto, Ontario~15C 2B8

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Mr.E.Ta WarrenS. 14(1), Municipal Freedom

of Information and Protectionof Privacy Act

Dear Mr. Warren:

This refers to your letter cf October 20 with which youe~close a copy of a letter of same date addressed to RegionalManãger i CP Public Relatio~s and Advertising concerninglocomotives being parKed on CP Rail track at the end of yourprcperty.

Mr. L. I. Brisbin of this office contacted CP Rail Friday,October 24, 1986. He has received a commitment thatlocomotives will not be parked in that location in futureLnless they are shut down. These verbal instructions willbe conf irmed in writing and should be in the hanâs of theemployees by Monâay, October 27.

I hope this permanently resolves your problem, but ifperchance it should recur please contact me in writing orif you wish you may phone Mr. Brisbin at (406) 973-5541.

.Yiurs truly,

)¡VLD

M.D. LacombeRegional Director - OntarioRa21way Transport Committee~l(LIB/aj

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S. 14(1), Municipal Freedom

of Information and Protectionof Privacy Act

CP Customer Action TeamAtt. Brian Duf, Eastern Area

Fax (416) 367-7520

Dear Mr Duf,

My wife has already called this office on a number of occasions to speakwith Darcy Duquette regarding our concern with the noise and atmospheric pollutioncaused when diesel locomotives are left running unattended for several hours at thefoot of our propert.

Our house is situated close to the spur line from GM. Most of the locomotives which areleft parked are used in the GM yard and could, in my opinion, be left running there ifnecessary, away from any residential area.

On Sunday April 28th 96 Locomotive CP 1247 was left running unattended during theday and all night, it was stil there when my wife left for work at 7.20 am.Last year I photographed 5 Locomotives left for several hours during the weekend. Wehave obviously tried calling the Yardmaster however he is never very helpful and onone occasion cut me off.

i would like you to send me the telephone number of sombody I can call on a Sundayafternoon and report that the directive is not being followed. I would like a real liveperson not a voice maiL.

If this was sombodys truck left running I would call the police and they would deal withit.

I am attaching a copy of the letters received about 10 years ago which was supposedto have resolved the problem and look forward to your reply.

Yours sincerely,

E. T. Warren

Encl. copies of previous corespondance on this matter.

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Offce of the Mayor Nancy L. DiamondMayor

The Corporation of the City oí Oshawa50 Centre Street South

Oshawa, Ontario, L 1 H 3Z7Tel (905) 436-5600Fax (905) 436-5691

Toronto (416) 924-2566October 10, 1996

Mr. E.T WarrenS. 14(1), Municipal Freedom

of Information and Protectionof Privacy Act

Dear Mr. Warren

Thank you for your letter in which you descnbed a senes of problems regarding the CPlocomotives being left running at the back of your property.

I certainly appreciate your concern over the noise and fumes emited from the idlingengines, and have relayed this to offcials at CPo They have assured me that allpossible measures are taken to ensure that residents are not inconvenienced. On Sept.22, the most recerr incident listed in your correspondence, CP reported that this wasdue to an error made in Toronto, and at the time the Oshawa depot did not havequalifed personnel available to move the engine.

i realize this does not help your situation, but they have also stated that enQines are nowbeing equipped with "smart start" systems, which will shut the enaines down after theyhave been running on idle for a short oenod õftime. This system will also restart theenQine long enough to keep the batenes charged, and in cold weather, to prevent tneengine from freezin9. This system should help is solving the problem experienced byyou and your neighbours.

Your suggestion regarding a limit on the length of time a vehicle can be allowed to idle isworth consideration, and I wil discuss this recommendation with the appropriate offcials.

i am sorry for the discomfort this situation created for you, and I appreciate you sharingthis concern with me.

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To: 19034453 Fro.: EXTFAX Fax: CPR TO~LL HA-16-1999-23:34 M. T. Doc: 907 Page: 001 of 001

CANADIAN Telecopier messagePAclvle.RAILWAY

Sender/Subject: Gerald McKechnie/mck0035/CPR: Power being set off at Dshawa YardCDRR

Date:From:To

March 16, 1999G. D. McKechnieIrene Warren

S. 14(1). MunicipalFreedom

of Information and Protectionof Privacy Act

Irene: Attached was issued to all concerned re your complaintgarding engines sitting idling at Dshawa Y çonnection for long

~uiods of time.-- ------------- --- - ---- ---- -- -- --- ----- ----- ---- - -- ---- - ---_.. --- --------------- ----- - ---_... ----- -- - -- - --- -- - - - - - -- - ----- --- - - - - -- -- - - - - ---

All Concerned please be adyísed of the following:

Power being sent to Oshawa Yard must be placed on the Oshawa Turnunless alternate arrangements are made with the manager on duty atDshawa,

'Due to resident complaint. we cannot have power set off in the areasurrounding the main track. We had an incident last week whereby thepower was set off in the back track and Osh_wa was not notified thatpower was enroute, and the crew set the power off without callingthe yard office to advise/request location for .et off.

In this regard the best alternative is to have al2 power being sentto Dshawa to be set up for the Dshawa Turn to hanule. UNLESSarrangements are made with the manage~ on duty at Dshawa.

In no case is power to be allowed to be left it the FrDnt Track, Ba=kTrack nor Park Road Extention.

Thank You

Dan Murphy

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21

Trains

Subject: Trains ,From: Ted Waren,:, 140) lcy¡PPtl

Date: Wed, 04 Feb 200419:40:19 -0500To: Mayor John Gray "'graYlêcity.oshawa.on.cv

CC: tdmarpietrilêoshawa.ca

Dear John,First let me congratulate you on your election and moving up to Mayor after representing us in Ward 2.

We on Vancouver Crescent stil have this recuring anoyance of Locomotives teft unattended and ruing on the

tracks at the foot of our lot.As i type this to you there are 4 idling engines which have been rubling there since 6.00pm yesterday and i havedigital Photos to identifY them. The pollution is both audio and atmospheric.As you well know we have received letters from Mayor Diamond, dated Oct. i Oth 1996, Atvaro L. Almuina, datedMarch 18th 1998 and G. D. McKechnie of

CPR dated March 16th 1999, all of which promised that this would betaken care of.It seems however, that is not possible to put rules in place that wil be followed in this regard, even with today's focuson idling and Pollution.If this is the case I would respectfully request that you recommend a reduction in our Tax assessment due to the noiseand pollutants which occur during these events.

Sincerely- '

Ted WarenS. 14(1), Municipal Freedom

of Information and Protectionof Privacy Acf

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From: Mary Medeiros

Sent: February 13, 2007 2:54 PM

To: Andrea CorbeilSubject: excerpt from March 20 Council minutes.

ADDITIONAL AGENDA ITEMS/MOTIONS

Moved by Councilor Marmpietr, seconded by Councilor Lutczyk,(198) "That whereas complaints have been received from residents living near the CPRail mainline in Oshawa concerng train noise at night;

And whereas residents that have made complaints have suggested that train travel fasterat night and generate more noise because of increased speed;

And whereas the noise generated by these trais is interrpting the sleep patterns and

essential quality oflife of both adults and especially young children residents;

It is therefore recommended that the City of Oshawa request that CP Rail makeimmediate changes to the maximum speed limits for their tracks though Oshawa, or anyother appropriate measures to reduce the disruption caused by train noise at night nearresidential areas." CARD AS AMENDED BY THE FOLLOWING MOTION

Moved by Councilor B. Nicholson, seconded by Councilor M. Nicholson,(199) "That the motion be amended by adding the words 'and CN Rail' following thewords 'CP Rail' in the first and last paragraph." CARED

The main motion concernng train noise CARD AS AMENDED ON THEFOLLOWIG VOTE

AFFIRATIVE - Councilors Clarke, Cullen, Lutczyk, Marmpietr, Neal, B. Nicholson,M. Nicholson, Parkes and Mayor Gray

NEGATIVE - None

24

From: Mary Medeiros

Sent: February 13, 2007 2: 55 PM

To: Andrea CorbeilSubject: Excerpt from May 23 Minutes

3. Canadian Pacific Railway, Randy Marsh, Director, Governent and Public

Affais, forwarding their response to Oshawa Council's resolution concernngexcessive train noise and speed at night, advising CPR train speeds do notincrease at night and advising that Data Event Recorders ensure compliance withfederal rules and regulations, internal CPR policies, specifications, and practicesand procedures; and, advising that reduction to existing train speeds would resultin delays in handling all freight and passenger traffc, road congestion, increasenoise and commotion in residential areas due to increased holding traffic in thetrain yards, and reduce the competitive position of the CPR operation; and,fuher, advising that CPR believes ths is an urban planng issue and thaturbanzation around active railway corrdors and yards inevitably result inconflicts in use. (All Wards)

Moved by Councillor Lutczyk, seconded by Councilor M. Nicholson,(364) "That Correspondence Request Item 3 from Canadian Pacific Railway concerngthe noise and speed of trains be received for information." CARRD

25

Department of Corporate Services

File: FØ02 ,100

March 27, 2006

Peter GorskiPublic Works OffcerCanadian National Railwayi Administrtion RoadConcord, ON 14K IB9

Anette Thys

Communty Relations RepresentativeCanadian Pacifc RailwaySuite 500401 Ninth Avenue SWCalgar, AB T2P 4Z4

Re: CP Rail and CN Rail Mailine in Oshawa and Train Noise and Speed at Night

Oshawa City Council considered the above matter at a meeting held March 20, 2006 and adopted the",llowig resolution:

"Whereas complaits have been received from residents living near the CP Rail and CN Rail maininein Oshawa concerng tr noise at night; and,

Whereas residents that have made complaints have suggested that trs travel faster at night and

generate more noise because of increased speed; and,

Whereas the noise generated by these trais is interrpting the sleep patterns and essential quality oflife of both adults and especially young children residents;

It is therefore recommendeå that the City of Oshawa request that CP Rail and CN Rail makeimmediate changes to the maximum speed limits for their tracks though Oshawa, or any otherappropriate measures to reåuce the åisruption causeå by trai noise at night near residential areas."

Your consideration of ths importt issue is appreciated.

If you need fuer assistance, please contact Crag Kelly, our Director of Traportation and Parkig, at the

adåress listeå below or by telephone at 905-436-5636, extension 2382.

St-Sanåra KrcCity Clerkikbc. C. Kelly, Director, Transponation and Parking Servces

The Corporation of the City of OshawaCity Clerk Services50 Centre Street South, OShawa, Ontario L 1 H 3Z7

TEL: 905-46-5639. FAX: 905-436-5697

Website: ww.oshawa.ca

26

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CI ~~_\~_ D Division Engieerig-T'-I 'l~~ ~~l-i Admistration Road

o Concord, OntaoL4K 169

COUí'~C¡L VtC¡\~IG

.JUN 1 2 2006

3 Date: 28 May 2006Our File: 6085-14Ms. Sandra Kranc,

Ci ty ClerkCorporation of the City of Oshawa50 Centre Street SouthOshawa, OntarioLlH 327

Dear Ms Kranc,

Subject: CN Mailie Operations Though the City ofOshawa.

Reference is made to your correspondence dated 27 March 2006 regarding the City of Oshawa's resolutionregarding the above subject matter.

Local track maintenance staff advises that conditions of CN's main track through the City of Oshawa have noabnormalities. l m advised CN have within the past year repiaced jointed rail sections with continuously weldedrail that should result in quieter operations.

The City of Oshawa must appreciate the safe and expeditious transportation of goods is CN's primary goal. Ourcustomers expect safe movement of goods, undamaged and delivered on time. Any reduction of train speed,however incremental, wil negatively impact schedules and delivery times. Via Rail Canada, passenger railservice, share this rail corrdor with CN along the Kingston Subdivision. A reduction to Via train speeds wildetrmentally affect schedules requiring revisions and delay arrival time of passengers.

Notwithstanding the above impacts the track infrastrcture is designed to accommodate specific train speeds. A10 mile per hour speed reduction requires a significant capital cost. Easement curves (spirals) leading to circularalignments and super elevation through the body of curved alignments require adjustment. These

modifications, not to mention signals modifications to warning devises at level crossings, require modification inorder to achieve a reduced train speed. Reduction to train speeds without modification to the trackinfrastrcture wil result in premature rail wear and extended operation of warnng systems at crossings.

Speed reduction wi adversely affect fuel consumption and add man-hours to rai operations. A freighttrai of 100 cars requies a signficant amount of tie and energy to achieve track speed. c\ reduction of

speeds though Oshawa would signficantly impacr each eN and VIA trai with a tie penalrr that

otherwse would never be recaptued.

CN's freight and VI passenger train speeds through the City of Oshawa do not vary from day to night. Webelieve the noise ievels are a perception issue. For example Highway 401, located immediately north of CN'sKingston Subdivision, is iess busy during night hours, as are the streets within the city. The raised noise levelsduring the day have the tendency to mask rail related operations. The slowing of trains extends operationthrough the City and wil in all likelihood result in raised noise levels.

I trst the above satisfactorily addresses CN's position on reduced train speeds, however, should you wish tofurther discuss these issues piease contact me at 905-669-3242.

Yours trly,

/¿:;-~ ì_/ '-/C L-( . ./

Perer GorskiPublic \Vorks Officer

27

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CANADIANPACIFICRAILWAY

Randy MarshDireaorGovemmentand Public Affolrs

Suite 20040 University AvenueT aronta OntanoMSI ITI

Tel (416) 595-3009

Fax (416) 595-3040

e-mailrandy _marshigicpr.ca

Gs~'n~~ ~~+-_ 3

May 16, 2006

Sandra Kranc

City ClerkCity of Oshawa50 Centre Street SouthOshawa, OntarioL 1H 3Z7

Dear Ms. Kranc:

I have been asked to reply to your letter of March 27th, 2006, addressed to Canadian PacificRailway, Community Relations Representative, Annette Thys regarding train noise and speed atnight.

Your letter notes that the Oshawa City Councii resoiution of March 20th requested that CPRmake changes to the maximum speed of its trains through Oshawa so as to reduce noise atnight near residential areas. The ietter also stated that resident"S have suggested that trainsincrease their speed at night.

We are aiways pleased to discuss concerns with municipalities, inciuding Oshawa. CPRoperates a toil-free Community Connect Line 1-800-766-7912 to respond directly to concernedindividuais. We had not received any cails on this particular issue from either the City ofOshawa or any residents and so we are pleased you have brought this to our attention. Iapoiogize for the delay in responding. i initiaily tried to contact the councilors through whoseconstituencies CPR operates to get a better sense of the concerns expressed. In addition, iattempted to contact Craig Keily, Director of Transportation and Parking Services, copied onyour letter, but received no replies. We wouid appreciate a reply from the City such that wecould further discuss the various perceptions and issues related to your Council's motion.

First, let me advise that CPR train speeds do not increase at night. The speed limit of trainsthrough Oshawa varies somewhat by specific location and train type between 45 and 60 milesper hour. Train speed limits are strictly adhered to by train crews and are monitored andenforced by CPR. Ail operating parameters of trains, inciuding speed, are retained on DataEvent Recorders (so-cailed "black boxes) and this recorded information is used on an on-goingbasis to ensure rules compliance.

Many variabies can have an affect on speed limits for track corridors, for example, train weightand track curvature. Additionally, CPR is federaily regulated by Transport Canada and there is arequirement to compiy with rules and regulations including: the Canadian Rail Operating Ruies,Locomotive Safety Rules, Freight Car Safety Rules, Railway Track Safety Rules, Train BrakeRuies, Transportation of Dangerous Goods Regulations and Safety Management SystemRegulations, ail of which impose further speed restrictions under a multitude of conditions.

28

3 2

In addition to federal regulations, internal CPR policies, specifications, practices and proceduresensure that we meet or exceed all of the prescribed standards.

Trains are the safest and most effcient mode of transportation. A single train can replace asmany as 250 trucks on our tax-funded roadways. CPR has been the safest railway in NorthAmerica in six of the last seven years, with roughly 2.14 incidents per millon train miles.

Secondly, train speed reductions wil only serve to impact negatively on the CPR's abilty toeffectively operate and serve the province's vital transportation needs. Ontario's exporteconomy, especially through the Golden Horseshoe area and most particularly Oshawa,demands an effcient railway sector and the CPR is pleased to playa vital part in delivering tothe needs of this just-In-time economy.

Train speed reductions inevitably result in delays in handling all freight and passenger traffc inthose corrdors. The impact of such delays on the effciency of main line operations, as well as,vital yard operations in and around the Greater Toronto Area, including GO Transit opeiations incertain areas, couid be significant. Congestion would likely increase with the operationalchanges required by speed restrictions. Significant capital investment could also be required ifsuch speed restrictions were to be implemented. increasing the costs to operate and furtherimpacting our competitive position.

Increased congestion could have several negative affects. It could impact our operations to thedegree that we are at a reduced competitive position. Poor service could result in modal shift oftraffc to trucks (and cars in the case of GO Transit where it operates) and lead to anacceleration of congestion on the roads in the region. Increased highway traffc would notimprove public safety. Increased line congestion could also lead to trains being required to sitstationary on main lines waiting for the clearance of slower moving traffc ahead. Suchstationary trains could result in increased noise and commotion along the corridor, includingareas next to residential neighborhoods, through train-related sounds, e.g., coupler slack action,idling locomotives, etc. Lastly, increased congestion couid further result in yard congestion,make it operationally more diffcult to marshal traffc within congested yards, and perhaps resuitin intensified use of storage and siding tracks throughout the area for holding traffc, therebypotentially leading to increased noise and commotion next to residential areas also. Regardingthe noise concern, therefore, speed restrictions could in fact have the opposite result thanintended.

Lastly, at the root of the issues raised are questions, we believe, of urban pianning. Increasedurbanization around active railway corridors and yards inevitabiy resuit in conflicts in use. As acommon carrier vitai to the needs of our export economy, we must continue to operate in aseffective a means possibie.

I trust that the above answers the questions posed by City Council in your letter. Once again,thank you for your interest.

Zt'7, l~al~~~a~

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