Anti-Whistling - Sheppard Avenue East Crossing Agincourt GO Station (Ward 39 - Scarborough Agincourt)

CITY CLERK

Clause embodied in Report No. 8 of the Scarborough Community Council, as adopted by the Council of the City of Toronto at its meeting held on October 1, 2 and 3, 2002.

(City Council on October 1, 2 and 3, 2002, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (August 26, 2002) from the Director of Transportation Services, District 4, subject to adding the following recommendations:

(1) that GO Transit and Transport Canada be advised that the City of Toronto is prepared to make the necessary improvements to accommodate the termination of whistling in the vicinity of the Sheppard Avenue East/Marilyn Avenue GO Transit crossing; and

(2) that City Council direct the Chief Financial Officer and Treasurer to include this project for funding in the 2003 Capital Budget; so that the recommendations shall now read, as follows:

“It is recommended that:

(1) a resolution be passed to prohibit train whistling at the GO Transit (formerly Canadian National Rail) crossing at mileage 55.73 of the Uxbridge Subdivision, crossing Sheppard Avenue East in the vicinity of the Agincourt GO Station;

(2) Go Transit and Transport Canada receive a copy of this report, and be advised that the City of Toronto is prepared to make the necessary improvements to accommodate the termination of whistling in the vicinity of the Sheppard Avenue East/Marilyn Avenue (Agincourt GO Station) GO Transit crossing;

(3) the appropriate City Officials be requested to take whatever action is necessary to give effect to the foregoing, including the introduction in Council of any bills that may be required; and

(4) City Council direct the Chief Financial Officer and Treasurer to include this project for funding in the 2003 Capital Budget.” Toronto City Council 2 Scarborough Community Council October 1, 2 and 3, 2002 Report No. 8, Clause No. 3

The Scarborough Community Council submits the following report (August 26, 2002) from the Director of Transportation Services, District 4:

Purpose:

To prohibit train whistling at the GO Transit Rail Crossing of Sheppard Avenue East in the Vicinity of the Agincourt Go Station.

Financial Implications and Impact Statement:

Should GO Transit, in conjunction with Transport Canada, ultimately approve anti-whistling at this location, the total costs to make the necessary operational improvements, namely upgrading the Marilyn Avenue pedestrian crossing, would be in the order of $155,000.

Transportation Services staff will investigate the opportunity to negotiate a cost sharing agreement between the City and GO Transit.

Recommendations:

It is recommended that:

(2) Go Transit and Transport Canada receive a copy of this report; and

(3) the appropriate City Officials be requested to take whatever action is necessary to give effect to the foregoing, including the introduction in Council of any bills that may be required.

Background:

Transportation Services staff previously submitted a report to the January 29, 2002 meeting of Scarborough Community Council, which commented on the feasibility of implementing Anti-whistling within the subject train crossing area of Sheppard Avenue East.

At the time, Transportation Services staff supported the results of the anti-whistling report, prepared by Canadian National Railway (CN Rail) on behalf of GO Transit, which indicated that whistling could not be waived at this location due to a number of existing operational safety deficiencies, which included concerns relating to pedestrian and motorists compliance with the train crossing signals and recently installed traffic control signals on Sheppard Avenue East at the Agincourt GO Station.

Scarborough Community Council subsequently deferred this issue for further review and public consultation. Toronto City Council 3 Scarborough Community Council October 1, 2 and 3, 2002 Report No. 8, Clause No. 3

Noise related to trains whistling at this location continues to be a concern for area residents.

Comments:

The subject crossing of Sheppard Avenue East at the Agincourt GO station, consists of flashing lights and gates, which are interconnected/combined with traffic control signals at the adjacent GO station driveway. This crossing, which is within the Uxbridge Subdivision, presently requires trains to whistle in advance of the crossing.

In order to have train whistling terminated at a specific railway crossing, the City must first pass a resolution requesting termination of train whistling, after which, GO Transit and Transport Canada will subsequently investigate the location to determine if anti-whistling is appropriate. Insurance agreements would have to be executed between GO Transit and the City of Toronto whereby the City would agree to pay a share of the cost of the annual insurance premium for the additional risk at the crossing. The City would then pass the necessary by-laws to prevent whistling at the subject location.

As previously outlined, in response to concerns expressed by area residents and the Councillor regarding noise created by trains whistling at the subject crossing, Transportation Services staff requested that GO Transit investigate the feasibility of implementing anti-whistling. The results of the anti-whistling review were then submitted to Scarborough Community Council, which subsequently deferred the issue for further review and public consultation.

Notwithstanding the fact that CN Rail has already investigated this location for anti-whistling, on behalf of GO Transit, it is appropriate for the City to pass a resolution to terminate whistling at this location. This would provide an official record of this request and will serve to authorize staff to proceed with any of the necessary operational changes, which are required to permit the implementation of anti-whistling. Once final approval has been received by GO Transit and Transport Canada, a by-law can then be enacted accordingly.

It is interesting to note that Anti-whistling by-laws are presently in effect for a number of other crossings within the Scarborough community, specifically within the Uxbridge Subdivision. These include: Steeles Avenue, Passmore Avenue, Finch Avenue, Huntingwood Avenue and Havendale Road crossings.

These locations, among others, were submitted for approval to the Canadian Transport Commission in October, 1984. Specifically, the former City of Scarborough submitted under the former Scarborough By-Law No. 20851 dated August 20, 1984, prohibiting as provided in subsection 248(2) of the Railway Act, the sounding of engine whistles in accordance with provisions of subsection 248(1) of the Railway Act.

Conclusions:

In order to formalize a request to implement anti-whistling at the Sheppard Avenue East rail crossing at the Agincourt GO Station, the City should pass a resolution to officially request the termination of whistling at this location. This would provide an official record of this request and Toronto City Council 4 Scarborough Community Council October 1, 2 and 3, 2002 Report No. 8, Clause No. 3 will authorize staff to proceed with any of the necessary operational changes, including any crossing upgrades, which may be required to permit the implementation of anti-whistling.

Contact:

Andre R. Filippetti, Manager, Traffic Operations Tel: 396-7148; Fax: 396-5681; E-Mail: [email protected]