June 4, 2009, 12 e-mails

SRA wrote:

The West Toronto Diamond Community Group is not asking the CTA for mediation but, rather, filing a formal complaint. The main reason we have gone that route (rather than mediation) is that it allows us to ask the CTA to impose an immediate stop work until the matter is resolved. As well, GO does not have to agree to mediation but they have no choice about responding to a formal complaint.

The complaint is just being filed; we'll keep everyone informed about the timeline and the process.

Thanks to everyone who sent impact statements. Keep 'em coming.

K. M. wrote:

It is my understanding the mediation process with CTA is today and interestingly the pile drivers are silent all day. I guess to avoid undue media attention. But the contractors are digging many holes today for further pile driving- this time on the tracks closest to

M. D. wrote:

A woman I work with contacted her sister in law, Jan Rutherford, who is an insurance adjuster that has dealt with issues similar to ours to ask for a recommendation of a Lawyer who may be interested in taking on the issue on our behalf.

She recommended one lawyer who referred me to another, his name and contact information is below, I have not spoken to him. If someone calls him they can mention the referral came from Ms. Rutherford.

S. G. wrote:

When I got the notice from CN I sent the following email off to local politicians and NOW magazine who have gotten back to me- they seem to be interested in the story. Tony Ruprechts office, as usual sends no response, Cesar palacio did, but as usual, they say its a provincial matter. Here is the email that I sent:

Why has the city (and or province) allowed CN rail to go ahead and work this weekend from 11 p.m. to 6 a.m. on Monday Morning? Aren't there municipal bylaws against work at these hours? Residents of the junction are being subjected to pile driving all week long- our homes are shaking and the noise is unbearable. Now you are letting CN do this?!?!

You are pushing the residents of this neighbourhood to the edge, and if this was taking place in Rosedale or Forest Hill, well, it wouldn't be taking place. Be sure that I am one voter who will remember this at the next elections.

From: Mike Foderick

Thank you for writing - too bad I didn't see you at the meeting last night at the Davenport Perth Neighbourhood Centre. I could have clarified then.

On behalf of Cesar (and for everyone's benefit) I am happy to make sure this is completely clear: City noise bylaws do exist but do not apply to railway related noise. Stating this is a fact, and is not an attempt to pass the buck in any way. This point was covered in some detail at last night's meeting. In fact, the proper channel for a noise complaint on railway land is via the Canadian Transportation Agency (CTA) http://www.cta-otc.gc.ca/index.php?lang=eng which the residents have collectively taken steps to initiate. In light of this, Cesar moved a motion at the last meeting of City Council which was approved 39-5 that:

1) Expressed City Council's support for the residents in such a complaint to the CTA

2) Asked the City Solicitor to report to the next meeting of City Council on the feasibility of some sort of City legal staff support for the residents (directly or indirectly, with the City as a party at such a hearing), or the feasibility of a grant to cover the costs of a lawyer for the residents, and any other options to further support the residents in this complaint.

As I stated at the meeting, it is easy for politicians to "pass the buck" on an issue like this that crosses so many different jurisdictions. As residents, the only way around that is to not let any elected official off the hook. Although some levels may have more control over a given project than others, every level of government can do something, or apply some pressure.

M. B. wrote:

Does this mean that we should be calling up and registering a complaint with the city for a noise violation? Maybe if everyone called, the city would take more notice.

M. D. wrote:

I second C.’s sentiments. Two days notice on the proposed weekend construction work is completely unacceptable. Residents are suffering Monday to Friday the weekend if the only relief from it. Nerves are raw from the 5 months of noise abuse and the stress of being driven from our homes and the potential damages to property and the property values of our homes.

The weekend is the only time we have, since the start of GO construction, to distress from the abusive noise levels we experience Monday to Friday.

This last week I find myself jumping at any abrupt noise, car horns, sirens, telephone ringing; what amounts to symptoms of Post Traumatic Stress syndrome.

Enough is enough!

From: Cheri DiNovo

As we all know, the railway lands are governed by the Canadian Transportation Agency, which is a federal agency. This of course does not follow noise or construction by-laws from the City. Clearly, overnight and weekend-long construction by CN/CP is adding insult to injury. A t no time has the community been consulted about night and weekend work.

This community has endured enough aggravation and hardship by GO's pile driving project. GO has promised to reduce the noise caused by the pile drivers by 50% as of June 8th. We will be holding GO to their word. The community has suffered enough! GO must stop this immediately!

I and my staff are still working and will continue to fight the unnecessary noise and pollution caused by GO. We welcome any input any members of the community have to offer.

From: Kennedy, Gerard

On several occasions our office was advised by Mr. Housmanis and later by Mr. Walczyk that GO is complying with the city noise bylaws, and, that they were going to ask the City of Toronto to allow GO to extend hours of operation (construction) at some point when required. Could you pls find out if in fact GO has requested a variance from the city to allow them to continue construction at night? Could you also let me know if the municipal noise bylaw addresses the noise level or just time restrictions?
Thanks,
Krystyna Mularczyk
Senior Constituency Assistant
Office of Gerard Kennedy

From: Marjolein Winterink

I wanted to clear up some misconceptions about the City of Toronto Noise Bylaw. This Provincial project has been very frustrating for all concerned.

I have just spoken to the City of Toronto Staff that administer the noise bylaw. While the Noise Bylaw does set limits on noise, including prohibiting loud noise at night, in this case, it does not apply to the railway corridor because the City does not have legal jurisdiction. In general, senior levels of government do not have to ask Municipalities for permission to do things, and our understanding is that is also the case here.

City staff have informed me that, as a courtesy, the railway companies have recently contacted the City of Toronto to ask for a night-time noise exemption for the work they are proposing this weekend. The City will be denying this request. However, it is our understanding that CN or GO Transit does not need to apply to the City for permission to work at night within the railway corridor. Therefore, even though the City will deny their request, it is very likely that they will proceed with this night time work any way.

So, what can be done if CN or GO decides to put people through even more hardship by working throughout the night?

CN is only accountable to the Ministry of Transportation and the Canadian Transportation Agency. Just as you did with GO Transit, your best bet is to ask the CTA to take immediate action to stop the night-time work and begin a mediation process.

I'd also suggest writing the Minister of Transportation as well. Councillor Giambrone is contacting both of them on your behalf, It also makes a big difference if a lot of residents contact them directly too. Postage is also free to your Federal Member of Parliament.

From: Suri Weinberg-Linsky

Hi Hook Ave and vicinity residents:

I am up in Weston and am a member of the Weston Community Coalition which was formed in 2005 as well as the newer Clean Train Coalition which was formed in April of this year. The WCC has been fighting this project for over 4 years and have had to deal with some of the same players that you are now being forced to work with on the pile driving issue. Imants Husmanis is one. I don't know who Kathryn is but I can only assume based on all your comments that she is a 'Community Liaison' and is getting her information from her supervisors to pass along. What we have found over the years is that we get information from one source within GO, now Metrolinx, and it is contradicted by another in the same office. We have found that hired contractors may give us more accurate information while the project managers give us what they feel we will accept and then do something different. Smoke and mirrors. This is the only consistency over the past 4.5 years.

In the coming weeks, there will be a lot more open houses to attend on the Environmental Assessment for the GO Expansion and Air Rail Link projects -- I highly recommend you go to a variety of them in different communities, connect with others and ask questions to see what kind of answers you receive. The closest one for you will be at the Lithuanian House on Bloor Street but the Fort York and the Weston Park Baptist Church ones will be very lively.

I know that some of your members have joined the Clean Train Coalition and we need even more people. Your area is one of the first to be affected by the projects although all the communities along the corridor will be affected in the years to come as they do the construction for the new tracks. If you have not joined yet, please do by going to www.cleantrain.ca for more information and you can visit the Weston site for more details on the whole project which we have been gathering since Jan 2005 by visiting www.westoncommunitycoalition.ca.

I can only hope that by keeping up on Metrolinx and our Provincial government, we can get better from them. Please do not get discouraged, keep fighting for yours and everyone's right to have a peaceful homelife.

SRA wrote:

You can but CN is apparently exempt because it's federal land. Marjolein Winterink, who works for Adam Giambrone's constituency office, says the city will turn down an application to work overnight -- requested by CN as a courtesy -- but CN will go ahead anyway.

I've learned that this really is part of the grade separation project, so we can still blame GO/MetroLinx.