363.93
RESOLUTION AUTHORIZING MODIFICATIONS TO PROPOSED
C&D WASTE AGREEMENT
RESOLUTION NO. 363, 93
INTRODUCED BY: Mr. Michel Brandt
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, the Town Board of the Town of Queensbury previously
reviewed and approved a proposed agreement to be used by the Town
of Queensbury when accepting C&D waste for disposal at its
Landfill, and
WHEREAS, the Town Attorney for the Town of Queensbury has
recommended certain additional revisions be made to the agreement,
and has made such revisions to the agreement and presented a copy
of the same to this Board Meeting, such additional revisions
consisting of the following:
1. a revision to paragraph 6(c) providing that roadways in
the Town of Queensbury that may be used will include "via Quaker
Road to Ridge Road (9L);"
2. that in paragraph 6(d), 6(g), 8, 8(a), 8(c), and 8(d)
the words, "or haulers hired or used by ___________________" and/or
the words, "agent, servant, assign, or employee, or third party,"
have been added in various places as more specifically set forth in
the proposed, revised agreement presented at this meeting, together
with a further modification of paragraph 8(c) wherein the words,
"as herein provided," were added just before the indemnification
and defending of the Town of Queensbury clause;
3. that paragraph 3 has been revised to add further
language concerning the payment of the fee for the cubic yards of
C&D waste indicated to be delivered to the Town of Queensbury;
4. that paragraph 7 has been deleted and new language
substituted concerning the Town of Queensbury Landfill status and
the Consent Order with DEC;
5. that paragraph 10 contingencies is modified to add a
provision that DEC must approve the agreements prior to the time
that the same take effect;
6. that the Manifest Log attached as an exhibit will be
modified to indicate quantity of C&D in (in cubic yards);
7. that the Schedule B be revised such that the language at
the very end (other than that employed at a construction and
demolition processing faciltiy) be deleted;
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury have
examined the additional modifications made to the C&D agreement and
having a copy of the modified C&D agreement before them at this
meeting, hereby approves the modified C&D agreement as it is now
written and authorizes the Town Attorney and Town Supervisor to
send copies of this modified agreement and to use this modified
agreement on behalf of the Town, to accept C&D waste at the Town of
Queensbury Landfill, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is authorized to execute
the agreements on behalf of the Town of Queensbury once they have
been executed by any interested party and after complying with the
terms of the Consent Order, immediately arrange for acceptance of
C&D waste at the Landfill, and
BE IT FURTHER,
RESOLVED, that it is recognized that certain parts of this
agreement contain options and the Town Supervisor, on behalf of the
Town of Queensbury, is authorized to select the options that will
best serve the needs of the contractor and the Town of Queensbury,
and
BE IT FURTHER,
RESOLVED, that the Town Attorney or the Town Supervisor shall
provide the Town Board, at each Town Board meeting, with the names
and addresses of any parties who have entered into agreements with
the Town concerning C&D disposal at the Landfill.
Duly adopted this 21st day of June, 1993, by the following
vote:
AYES: Mrs. Monahan, Mrs. Goetz, Mr. Caimano, Mr. Tucker,
Mr. Brandt
NOES: None
ABSENT: None