HomeMy WebLinkAboutCOD-040-03
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REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Gf'PI- 3'b'l - 0 :.
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Date:
September 22, 2003
Report #: COD-040-03
File#_
By-law #Q)c)o3 - ilff
SUbject:
LETTER OF UNDERSTANDING, ST. MARY'S CEMENT COMPANY
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report COD-040-03 be received;
2. THAT the letter of understanding with St. Mary's Cement Company be approved; and
3, THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved,
Submitted by:
~!.::BS"' C,M,O,
Director . orporate Services
'"
Reviewed bU )...P<...l!.f)_ ~'rl-...
Franklin Wu,
Chief Administrative Officer
MMFH\LAB\km
1.210
REPORT NO.: COD-040-03
PAGE 2
BACKGROUND AND COMMENT
A request from the Community was received by the St. Mary's Cement Company to establish
monitoring sites near the houses that surround St. Mary's blasting area, Subsequently, St.
Mary's retained the services of Golder Association to select and propose the location of the
blasting monitor sites,
One of the sites proposed by Golder Associates is located at the Baseline Community Centre.
See attached letters from St. Mary's Cement Company and Golder Associates marked
Schedule "6". The Baseline Community Centre have advised that they have no concerns
regarding this proposal.
The proposed letter of understanding has been reviewed by the Director of Finance.
It is therefore respectfully recommended that the letter of understanding with St. Mary's Cement
Company be approved.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-4169
Illl
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and St. Mary's
Cement Company, Ontario, to enter into agreement for the
monitoring of blasting,
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerik are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, St. Mary's Cement Company, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,2003.
By-law read a third time and finally passed this day of
,2003.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
1212
j~.
ST. MARYS .
St. Marys Cement Company
400 Waverley Road S
Bowmanville, Ontario
LIL JK3
P 19U5) 62J-3J4)
r (905) 623-4695
SCHEDULE "B"
September 2, 2003
Fred Horvath
Municipality of Clarington
40 Temperance Street
Bowmanville Ontario
LlC 3A6
Dear Fred:
Based on the request of the community, expressed through the St Marys Community Relations
Committee, to establish monitoring sites near tbe houses that surround St Marys' blasting operations.
St Marys decided to contract the services of Golder Associates to select and propose the location of
theblastillg monitoring sites,
O~~:IQ~:ihemonitoring sites proposed by Golder Associates is located at the Baseline Community
qetttertl1is,station will be installed by relocating the existing seismograph at the Technical Center.
i'lease:filto::attacbed the letter witb the recommendations of Golder Associates. In order to continue
with <:!o!dJ!r's recommendations, St Marys requests for your approval to install the existing
seismograph at the Baseline Community Center. Please do not hesitate to contact me jf you require
additional information about the installation of the monitoring station,
Sincerely
Environmental Coordinator
RECEIVED
::, t t"' 5 - Z003
OPERATIONS DEPT.
. . . . . . . . . . . . . . . . . . . . . . .
1213
09J09/2003 17:20 FAX 905 623 4695
SEP.O;-O~ l~:Ol From:OQLD&R ASSOCIATiS
ST IlARYS CEMENT
IaJ002
SOi58T9151
80IcIer Aesoolates Ltd.
2390 ArgenI!o Rooo
MlulUauga. Ontc2lO,. O::!nodo LIN l!5Z7
r~(9Q5) 567-4444
Fcic('105)S07-6561
SCHEDULE "B"
<I'~
September 4. 2003
031-117016
St. Marys Cement Company
410 W."on..y Raac1 SOuth
BowlMnviUe. Ontario
LIC 3K3
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AttentiDII: Mr. Ruben PIa1.a
EnvirOl1l1lellllll Co.ordilllltor
RE: GROUND AND AIR VIElAAnON MONITORING .TAnONS
ST. MARYSCI!MEiNT BLASTING OPERATIONS
1S0WMANVllLE, ONTARIO
Dear Ruben:
The fOllowing Icllcr identifies the proposed receptor locations Which have been selected to
monitor both &round and air vibration levels produced by future blasting operations at your
ll.owman"ille quany.
ReCllptor LocatWns
FOllowing oUlrevicw of a. number of p~nlial monltorlng SileS with St. MiU)'s cament personnel,
the following new monltorlng stallolls o:rc recoUUllCllded:
L Buelinc CommuniI)' Centre, 2444 Baseline Rd., nOTtb of the quaay operations
2, A fllllCed-ln site at the northealt comer of Watson PrIve and Cedar Crest Beach Rd.. east
of the quarry operations,
These locations have been selected to address community concerns north and cast of the current
and fu~ quarry operations, The observation stalions noted are both located closer tl1an the
current station to the COmmllnhl... concerned. TIley an> both beyond: tile qulln)' propel1Y
boundary limits. and will be more reprcgntative of t~ effects experienced at those cODUn1lTlities.
to be ltmlted In ~cordance with Publication NPC 119 of the Model Munk:ipal Noise Control By-
Law. InstNmentation fiom the prevlOUli fixed monitoring stalian tot Ibe St Ma.rys Cement
Tc:c:Itnica1 Contro. within the bound&')' of the licensed premise.. will be relocated to one of the
new stations described.
;j..
B
TOIIIIUR!B tlIIADA
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~llIRI'~()W
-:",lr.\XIES
OFFiCES ACROSS NORlH AMlftlCA, SOUTH AMEIlICA, EUIlOPE, AFRICA, ASIA AND AU511lAUA
1214
09/09/2003 17:20 FAX 905 623 4695
. SEP-OS-03 1~:Ol From'QOLPI~ ASSOCIATES
ST lIARYS CEMENT
~003
ID55678151
SCHEDULE "B"
September 4, 2003
031-117016
St. Marys Cement Company
Mr. Ruben ~Iaza
-2.
If you have all)' quasti"". ~l'IaininS to lhis report, or we can be of ....y funher service in this
matter, please do nol hesitale to contact our ot'llce.
Yours very truly,
GOLDER ASSOCIATES LTD.
~~
Audrew Curle, P. I'!ni.
Bnjlneer
~':!'P'Sng.
Consulting Specialist
Explosiv81 and Blastin!:
AClALM/w:Jma
~"''GOlZl\II''''''I'17'OI'u~_,A-.~ldI:Ia\OOl.1l'7Qlllf1ll~]IICpIQf'..I'Illll'Y'IU~iUll''
Golder AlisoCiatllS
1215
LETTER OF UNDERSTANDING
BETWEEN
Corporation of the Municipality of Clarington ("Clarin9ton")
And
Sl. Mary's Cement Company
WHEREAS Clarington, and Sl. Mary's Cement Company have agreed that a blast
monitoring device and related equipment (the "Device") will be installed in the interior
space of the building located at the Baseline Community Centre. 2444 Baseline Road,
Bowmanville Ontario.
WHEREAS it has been further agreed that the Device will be owned and operated by
Sl. Mary's Cement Company while located at the Baseline Community Centre, and that,
in addition to granting the rights of occupation contained herein Clarington shall take all
necessary steps to ensure the Sl. Mary's Cement Company and their respective
employees, authorized agents and contractors have access to the Community Centre
and the Device on a 24 hour a day, 7 day a week basis:
Now by this Letter of Understanding the parties hereto hereby confirm that the above
recitals are true in substance and in fact and agree each with the other as follows:
1, Clarington 9rants to Sl. Mary's Cement Company in perpetuity, (unless earlier
terminated as provided for herein), the right to use and occupy a portion of
the Baseline Community Centre for the purposes set out in this Letter of
Understanding in connection with the installation, operation and maintenance
of the Device;
2, During the term of this agreement Sl. Mary's Cement Company shall remain
responsible for and shall at its cost repair and maintain the Device in good
order and repair at all times; and
3, During the term of this agreement all charges and costs relating to hydro
services, relating to the Device, shall be paid by Sl. Mary's Cement Company,
4, During the term of this agreement Sl. Mary's Cement Company will not do or
permit any act or thing which may make void or voidable an insurance upon
any buildings or part thereof, upon the said premises, or which may cause
any increase or additional premium to be payable for any insurance.
5, Sl. Mary's Cement Company covenants to keep the Municipality of Clarington
and Baseline Community Centre indemnified against all claims and demands
whatsoever by any person, whether in respect of damage to person or
property, arising out of or occasioned by the maintenance, use or occupancy
of the Premises or the subletting or assignment of same or any part thereof,
And Sl. Mary's Cement Company further covenants to indemnify the
Municipality of Clarington with respect to any encumbrance on or damage to
the Premises occasioned by or arisin9 from the act, default, or negligence of
the Company, its officers, agents, servants, employees, contractors,
customer, invitees or licensees.
6, Sl. Mary's Cement Company shall carry insurance naming the Municipality
and Baseline Community Centre also as an insured person insuring against
the risk of damage to the Municipality's property within the Premises caused
by fire or all other perils and the policy shall contain waiver of subro9ation and
cross-liability endorsements satisfactory to the Municipality of Clarington's
Director of Finance and provide a certified copy of such policy of insurance
when requested to do so, and
1216
Letter of Understandino - St. Mary's Cement Comoanv
Paoe 2 of 2
Comprehensive general liability insurance in the amount of Five Million
Dollars ($5,000,000,00) inclusive per occurrence for bodily injury, death and
damage to property including loss of use thereof, An endorsement to provide
the Municipality of Clarington with thirty (30) days written notice of
cancellation, and shall provide the Municipality with a copy of the policy
certified by the insurer.
It has been further agreed that Ciarington may terminate this Letter of Understanding
upon providing St. Mary's Cement Company with 6 months prior written notice, and
upon receipt of such notice shall at its cost remove the Device prior to the date of
termination of this agreement.
The Letter of Understanding shall ensure to the benefit of and I e binding upon the
parties hereto an their respective successors and assigns,
IN WITNESS WHEREOF the parties have executed this Letter Jf Understandin9 by
their duly authorized representatives as of the day of
2003,
Corporation of the Municipality of Clarington St. Mary's Cer 3nt Company
Mayor John Mutton
PL Barrie, Municipal Clerk
21/
H :'.:...EASES\LET "OF-UNDERST ANO:NG-ST -MARYS-2003.doc