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1991-11-06 SPECIAL TOWN BOARD MEETING NOVEMBER 6, 1991 4:06 p.m. MTG. #52 RES. 578-580 TOWN BOARD MEMBERS PRESENT Supervisor Stephen Borgos Councilman Marilyn Potenza Councilman Ronald Montesi Councilman Betty Monahan Town Attorney Paul Dusek TOWN BOARD MEMBERS ABSENT Councilman George Kurosaka Supervisor Borgos-Opened the Meeting-The purpose of to days meeting is to finalize some of the arrangements so that we can get started with our transfer stations tomorrow morning, to begin accepting waste for the burn plant. There are two components that we have to look at: one a rate structure and the other is an agreement a lease agreement with a hauler to provide hauling services until such time as we have a chance to put this in a condition that we would all be happy with for a long term relationship for leasing and supplying containers. I think first we will maybe take a look at the proposed lease agreement terms we have been dealing with North American Recycling operation for many, many years they own the compactors that are at this site and they have an adequate number of trailers. The Board last time authorized me to meet with Mr. Barber and discuss with Mr. Barber, owner of North American what possible prices we could get, so that we could get in the business. The first proposal was for North American to provide all compactors and associated containers plus cartage, that is hauling, for the haulage price of $115.00 per waste to energy haul. A by pass haul would be for hauls that by pass taking to the Ridge Road facilities from either Luzerne Road or Ridge Road to the Ridge Road landfill, the price of the later function would be $110.00 per haul from Luzerne Road and $105.00 from Ridge Road transfer station. He further went on to say that the burn facility would not be open on Saturdays, that is our very busy day, in that case they will come as necessary on Saturdays and pullout full containers and put in new ones for fifty dollars each time they do that. Councilman Monahan-Do we have room there Jim? Mr. Coughlin-Yes. Supervisor Borgos- There is a lot of room, we are looking at probably two pulls a day, somewhere in that range. I called them and said that the price is too high, and started negotiating again, price it too high it was beyond what I planned. So, we talked about a price and he came in with a little lower price, now he said, lower than what we agreed on the phone. Now, he will pull the containers from either Luzerne Road or Ridge Road to the burn plant for $98.50 per haul instead of $115.00 so we just saved $16.50 a pull which is a chunk of money. Also for the hauls from Luzerne Road to Ridge Road they will charge maybe $94.00 before it was $110.00 for going from Ridge Road to Ridge Road if that has to be done instead of $105.00 we got it down to $90.00... Councilman Monahan-Going from Ridge Road to Ridge Road? Supervisor Borgos-Right, from the front of Ridge Road out to the back, in the event that the burn plant is inoperable or something for any period of X days they will have to do that. He still kept in the other $50.00 for switching containers. I think it is reasonable. Councilman Monahan-Steve, do we have permission from DEC to use our landfill when stuff can't go to the burn plant? Supervisor Borgos-Specifically that is part of the consolidated landfill agreement. Councilman Monahan-But, none of that has been signed yet. Attorney Dusek-No, it hasn't been finalized yet, we are working on it in fact, just so the Board knows, I sent Steve Brewer who is the Attorney for DEC a letter telling them that they have all of our materials we are waiting to hear back from DEC. I said November 29th is coming fast and I asked Steve to please do whatever he can to get that back to us, because it is their turn, they have got submit now, what we are having a problem with is the operations plan. Once we know where we stand with that then we will be all set and ready to go on the 29th. The agreements with the municipalities are finalized in terms of being in final form and all we need to ask them to do is sign them, I have gotten some pretty good responses from the attorneys saying I think things look pretty good in the agreements. We have one outstanding one with Lake George that is going to have to be addressed, sewage concerns but the biggest thing is DEC. I have sent the letter, saying come on guys help us out. Councilman Monahan-But, like next week say, legally is that burn plant had to shut down again and we had to go back to the landfill, we are legally doing what is ok. Attorney Dusek-We can always dump our stuff in the landfill right now, until November 29th the, I spoke with Dan Kane and I asked Dan, I said Dan you know, you know that we cannot take everybody else in the County yet. Mr. Coughlin-We can dump our own garbage in the landfill? Attorney Dusek-When the burn plant is shut down. Mr. Coughlin-Until November 29th so we did not have any reason to close down... Councilman Potenza-If the plant is shut down. Attorney Dusek-Under county law this is what has happened you get a mixture oflaws here, under county law you have to, if the burn plant will take your trash, you have to follow the county's instructions and send it to the burn plant you do not have any choice, that is the County Flow control legislation. What I am saying is that if something happens and they refuse and they cannot take it and they tell you to get rid of it then you do have the right to go back and use your landfill. Because you have that right under State Law and the only thing you have to worry about is complying with County Law so if you are relieved from compliance from County Law you can dump everything right in your landfill until November 29th. Dan Kane, has told me that, he does not think that the rest of the Towns or anybody else in the County will have to use your landfill. Even if the burn plant goes down. I guess they are going to hang onto it or store it or whatever and we are not going to have that problem until, so we do not have a problem with all the other towns in the County until November 29th and that is what I am trying to say I sent Steve the letter to say Steve, you know, we have got to get this thing finalized so we can be ready to go with the other towns if we have to. So that is where we are at... Supervisor Borgos-I would proposed we enter into a lease agreement with North American Recycling for a period of nine months, six months of which would be guaranteed after six months then we would be able to terminate with a thirty days notice or they would be able to terminate with a sixty day notice. This would give us adequate time avoiding all the winter weather to determine exactly what the specs should be for any kind of a bid up there then to be able to get a new compactor installed if necessary or decide what to do, but it would guarantee that somebody is hauling it a known price. I went up with Jim and inspected the compactor so I know exactly how it is connected up there, there is no way on earth you can be economically making changes in November, December, January, February, March, April realistically I think this is a good arrangement. Councilman Montesi -Your research says that, they own it. Supervisor Borgos-Research says that, they own it. Attorney Dusek-The best available information at this point is that they put in the compactor and they have been maintaining it in conjunction with Jim's Dept. ever since it has been installed. In my opinion it is considered like a fixture as business equipment that if they in fact cannot do it any more they have a right to take their things and go home. It is like a bowling alley, as much as a bowling alley is developed and there are hugh lanes in there it is impossible to move the guy moves out of the building he has the right to take his bowling lanes with him. So in my opinion we have the same type of situation up there. I feel that the lease arrangement option, this is the advice that I gave you the other day to hold back on the bid specs, because I did not feel comfortable with the way we were launching those. It was way too fast and I did not feel comfortable and advise this Board to just go ahead and run with it because I felt we were going to run into some problems in terms that equipment and everything else. I like the lease option because what it does is it locks in the lease arrangement for a time period of six months and in the mean time, it is not meaning that we can't be sat back on and just waited on but in the mean time what will happen is you will have time to prepare our specs and everything else to go to the regular bid and you will be able to make a determination if you want to buy or continue to lease the compactor you will have all that time to make that decision, and go with the new arrangement. Councilman Montesi-Is it costing us a premium to do this with him at this point? Attorney Dusek-Steve, negotiated with him. Supervisor Borgos-You were not here before, I got roughly a $20.00 discount off what his original price was. Councilman Montesi-We have been paying $3400. per month Councilman Monahan-How does this stack up month wise? Supervisor Borgos-We have been paying it, it depends on, nobody knows, how much Councilman Monahan-What I am saying is, we know roughly how many pulls we do a month now, so how much, ball park, so how much do you think those pulls are costing us now? Mr. Coughlin-I am just guessing but it is not a heck of a lot further away than we negotiated. Councilman Monahan-So you think we are right in sink? Supervisor Borgos- When I did the budget, when I showed you the budget the other day how I got the numbers I was estimating at $100.00 per trip and so he is coming in at $98.50, originally he started at $115.00 so we are within the budget that I used for the calculations to come up with the fees. Councilman Monahan-Jim feels that the price is in line with what we are already paying so that we are not out there... Supervisor Borgos-It might even be less. Mr. Coughlin-It is right within. Supervisor Borgos- Twenty six hauls... Councilman Montesi-Prior to this what was happening, he would take from Luzerne and just bring it up and dump at our landfill now he has to take from Luzerne and from here and bring it over to the burn plant. Supervisor Borgos-So he still has to drive to the facility load on the compactor move it out, put a new one in and pick it up again and drive back down Mr. Coughlin-Plus on Ridge Road he's got to pull it out drop the box put a new box back in on Ridge where normally he just went to the back and dumped it, now he has got to put another box back in take off down the road come back, Councilman Montesi-The same thing at Luzerne. Mr. Coughlin-he, always did that in Luzerne, he always plugged another box back in. During the week he might have tried to get by and made it in a hurry in about an hours run, he no longer can do that he has got to put the other box in and he has got to be on call ... Councilman Montesi -You said twenty six a month you think we are going to ... Supervisor Borgos-I think that is what we have been doing, the number I saw somewhere, but that times even a hundred would we $2600. we have been paying even more than that. Councilman Montesi-We have been paying $3700. Supervisor Borgos-Putting it on a per unit basis we will be able to know exactly how many units, where they went. Councilman Monahan-Plus the fact that the businessmen he also has to figure in right now, he had nothing in his way, been able to do it ...he gets down there he may have to wait to get unloaded and all that kind of stuff. Supervisor Borgos-He may have long waiting lines. .... Councilman Monahan-Questioned insurance etc. under the lease agreement... Mr. Coughlin-Noted that Mr. Barber has insurance Attorney Dusek-Because it is a short term lease and because we do know that he has does have insurance I would just recommend that you get a copy of this insurance certificate rather than say any particular amount.. . RESOLUTION AUTHORIZING LEASE AGREEMENT RESOLUTION NO. 578, 1991, INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury is desirous of arranging for the leasing of certain equipment consisting of a compactor, minimum forty to fifty compacted cubic yard containers and also the furnishing of trucks and drivers to the Town for the purpose of compacting and hauling solid waste from the Luzerne Road Transfer Station and the Ridge Road Transfer Station to the burn plant or the Ridge Road landfill depending upon the circumstances and WHEREAS, the Town Board of the Town of Queensbury finds itself in a position where it must agree to a contract immediately under the circumstances that the burn plant has already opened, it is necessary for the Town to arrange for the immediate transport of solid waste to the burn plant in accordance with the county's flow control legislation and WHEREAS, the Town Supervisor has contacted and negotiated with North American Recycling for a proposal to lease the equipment afore described and on a short term basis and WHEREAS, the short term base lease will then allow the Town Board to further explore the rest of its options in terms of purchasing or not purchasing leasing or any other types of approaches it wishes to take with regard to transportation of solid waste in the future and the approach also resolves the immediate short term emergency situation in terms of transporting solid waste to the burn plant NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor to enter into and execute a contract with North American Recycling Corp. which contract will provide for the leasing of a compactor, minimum forty to fifty compacted cubic yard containers and the furnishing of trucks and drivers necessary to transport the fill containers to the burn plant and basically handle the solid waste being compacted at the Ridge Road and Luzerne Landfill sites and the conditions of the contract will be such that: 1. The charge of Ninety eight Dollars and Fifty Cents ($98.50) will be assessed for transporting filled solid waste minimum forty to fifty compacted cubic yard containers from the Ridge Road and Luzerne Road Transfer Station to the Burn Plant 2. A charge of Ninety four Dollars ($94.00) will be assessed for each haul transferring solid waste from the Luzerne Road Transfer Station to the Ridge Road Landfill 3. A charge of Ninety Dollars ($90.00) to be assessed for the transfer of solid waste from the Ridge Road Transfer Station to the Ridge Road Landfill 4. That the lease agreement entered into will be for a minimal period of six months between the parties with the option thereafter to continue for three more months and also with the option after six months for either party to give the other party notice of termination of the agreement except that in the case of the Town of Queensbury the Town will be required to give thirty days notice as in the case of North American Recycling Corporation they will be required to give sixty days notice (with regard to the notifications it is understood that the notification is from the end of the first six month time period and can be exercised any time before the six month time period with the thirty days or sixty days to run from the end of the six month time period) 5. The contract will provide that a minimum size offorty but when possible use a fifty 6. He will also provide to haul an open container which is a minimum size of twenty to thirty cubic yards preferably thirty cubic yards 7. Every time one of these hauls is made we have to have a record of the name of the driver the size of the container, what time it left and the fact it went down there and was delivered to the trash plant and someone signs it, also have the person at the transfer station sign when it leaves and have someone at the burn plant sign when it gets in there AND BE IT FURTHER RESOLVED, that the Town Board hereby indicates that it is necessary to see the contract and lease agreement referred to in this resolution and that the supervisor after review by the Town Attorney may execute this lease agreement and enter into it on behalf of the Town of Queensbury and be if further RESOLVED, that payment for this agreement shall be from the Miscellaneous Contractual Line of the Landfill Account the new budget would show up as Contractual - North American Recycling Duly adopted this 6th day of November, 1991, by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka Councilman Montesi-questioned how we are paying at the burn plant... Supervisor Borgos-the proposal as I understand now we will be billed by Warren County and we will pay Warren Co. and they will pay the IDA and the IDA pays the burn plant...a proposal was made the other day that not only the transfer station bills come to us but all the independent hauler bills to be billed to us and we would collect from the independent haulers, I said we wanted no part of that... Discussion held on rates for landfill users-Supervisor Borgos-Mrs. Monahan, Mr. Coughlin and myself met with city representatives of the joint landfill committee and worked on the following rates.. .1. $1.00 per bag up to 16 gal. 2. $2.00 per bag up to 32 gal. .... of the $2.00 - 1. 50 would go into the general landfill revenue account and .50 would go into landfill closure account out of the 1.50 1.00 would go to the burn plant and 10 cents for hauling material and 40 cents for operation and maintenance...same percentage applied down below...un-compacted misc. charge, stuff not in bags in pickup truck, (burnables) $13.00 cubic yards...Councilman Montesi noted that all loads will have to be measured...Attorney Dusek-suggested that a handout be made to give to the users of the new fees...non burnables $9.00 per cubic yards -mattresses, box springs, coaches, stuffed chairs $5.00 each - tires $2.00 each - white goods, washers, dryers etc. $2.00 leaves and yard waste disposed of only at Ridge Road $3.00 per car or truck RESOLUTION SETTING LANDFILL RATES RESOLUTION NO. 579, 1991 INTRODUCED BY: Mrs. Marilyn Potenza WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Betty Monahan WHEREAS, the Town Board of the Town of Queensbury currently operates, owns and maintains a landfill located off of Ridge Road in the Town of Queensbury and WHEREAS, pursuant to the Town Law of the State of New York the town is authorized therein to manage the affairs of the Town and the town is desirous of establishing rate increase and structure for items to be delivered to said landfill as well as the transfer station located on Ridge Road and Luzerne Road NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby establishes the following rate structure for solid waste delivered to the Luzerne Road or Ridge Road Transfer Station: 1. $1.00 for up to Sixteen Gallon Bags $2.00 for plastic Bags arranging from seventeen to thirty two gallons in size 2. For un-compacted miscellaneous solid waste identified as burnables 13.00 per cubic yard to either site 3. For miscellaneous non burnable items $9.00 per cubic yard delivered to the site except that in the case of mattresses, box springs and overstuffed chairs they shall be received at $5.00 each and in the case of tires or white goods items and metals those items will be received at $2.00 each 4. With regard to leaves and yard waste the same will be received at the Ridge Road landfill at an amount equal to $3.00 per car load or pickup truck load AND BE IT FURTHER RESOLVED, that of the fees earned for the solid waste delivered by plastic bag, out of every $2.00, $1.50 will go to the general landfill general account and .50 to the landfill closure account and it is noted in this resolution that the intention is not just to put into those accounts the money from $2.00 bags but rather in the same proportion contribute that money earned for the $1.00 per bag into those accounts and from the miscellaneous burnable charges in the same proportion and be it further RESOLVED, the Town Board of the Town of Queensbury hereby enacts these charges pursuant to this resolution. Duly adopted this 6th, day of November, 1991 by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka Discussion held in regard to used bikes thrown away at the landfill-it was suggested that Comstock Prison be contacted to see if they would repair the bikes for needy children, requested that Mr. Coughlin contact the prison...need a building to store usable items that people could come in and pickup the items for free... Discussion held regard a banner across Rt. 9 near Million Dollar Half Mile ... the merchants group has approached the Town for a permit to hang a seasons greetings sign...the Town of Queensbury would be filing the application and be the sponsor of the sign. RESOLUTION REGARDING BANNER AT ROUTE 9 RESOLUTION NO. 580, 1991 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Marilyn Potenza WHEREAS, that existing within the Town of Queensbury there is an area of Town known as Route 9 in the area of the Million Dollar Half Mile, and WHEREAS, the Town Board has determined that it would like to apply for a permit to hang a banner like type sign across the roadway in that area of Town, as a result of a request made by French Mountain Commons NOW, THEREFORE BE IT RESOLVED, the Town Board of the Town of Queensbury hereby indicates that it will authorize and allow the filing of an application permit to the New York State Dept. of Transportation for the purpose of placing a banner or sign across Route 9 in the area of the Million Dollar Half Mile with the understanding that: 1. The length of time the banner sign will be allowed to be displayed will be from approximately November 18th through approximately January 10th and the same with the further permission of the Town Board could be allowed to be hung for a longer time period as long as all the New York State regulations are followed 2. That French Mountain Commons will be made party to the permit applications such that the permit will be returned to French Mountain Commons such that the permit will be returned to French Mountain Commons and that organization will have the responsibility of placing the banner in the location described and of removing the banner in accordance with the requirements of DOT and 3. That the Town Board hereby directs that the Town Attorneys office will determine whether or not it will be necessary to acquire additional insurance or whether the Town's insurance as it currently exists will be sufficient to cover to comply with the requirements of New York State DOT it is the intent of the Town Board to require French Mountain Commons to pay to the Town any additional charges. Duly adopted this 6th day of November, 1991 by the following vote: AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos NOES: None ABSENT: Mr. Kurosaka Discussion held on landfill hours...7:30 am to 4:30 pm Monday through Friday Saturday 7:30 am to 3:00 pm. Mr. Coughlin-colored glass, cardboard, aluminum will be taken shortly...as recyclable materials... Discussion held in regard to refunding building permit moneys to fire companies etc. noted written requests are required now to obtain the refund... On motion the meeting was adjourned. Respectfully, Miss Darleen M Dougher Town Clerk-Queensbury