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1993-03-04 SPECIAL TOWN BOARD MEETING MARCH 4, 1993 7:03 p.m. TOWN BOARD MEMBERS PRESENT Supervisor Michel Brandt Councilman Betty Monahan Councilman Susan Goetz Councilman Nick Caimano Councilman Pliney Tucker Attorney Paul Dusek DISCUSSION Attorney Dusek-Re: Warren County Flow Control Law - It would appear under the County Flow Control Law that you need their approval to do the paper sludge and C&D. As you can see the letter and the agreement are very simple and straight forward...hopefully they will approve it and we will be done with that stuff. The reason for the urgency is that we want to get this to Tom Lawson by tomorrow and then also the County has meetings next week to hear that. Councilman Tucker-It appears ok to me that they have got to go by the rules and regulations set down by DEC. RESOLUTION RESOLUTION NO. 168, 93 INTRODUCED BY: Mr. Pliney Tucker WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz Supervisor Brandt-A motion to send this material onto the county is that right? Attorney Dusek-To authorize you to sign the letter and send it out. Duly adopted this 4th day of March, 1993 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE DISCUSSION CONSOLIDATED LANDFILL USER AGREEMENT MODIFICATION NO.2 Attorney Dusek-(Gave copies of the modification of the consolidated landfill user agreement to the Town Board) highlighted portions are changes from the first draft.... reasons for changes, 1. some parts were saying more than I thought that they had to in describing the activities 2. noted change in the rates...in paragraph 2 Met with the other Town Attorneys today, all towns were not represented, three attorneys and Dan Kane were present...issues they would like changed: page 2 paragraph A: where it says 'accept from the Contracting Municipality, and Contracting Municipality shall deliver' they would like a may instead of shall they want to take out 'or arrange or direct, by Local Law or otherwise, to be delivered' in other words they want it optional with them that they send you C&D they do not want it mandatory. (Agreed to the change) Page 3 B. 'the Town of Queensbury may, at its sole discretion, accept and dispose of as fill or use as a gas venting layer' they pointed out there is really not point in having as fill or use as a gas venting layer, they do not care what we use it for, that is our business, they want that scratched...They wanted a new paragraph 3. which would provide that the Town would indemnify and hold harmless the Towns for any activities that you have paper sludge and Rolite is you get into that, they do not want someone coming back and suing them because they agreed to it in some fashion, on the other hand they will indemnify you on any of the C&D waste they send if it is not proper C&D waste to your town... this would add a new three and renumber the next paragraphs. In your original agreement that you have with all the other towns there already is a hold harmless indenmification where they indemnify and hold harmless us against things that they do bad we do the same for them plus we take on the responsibility obviously that anything that accrued before they became party we are responsible for. Really what they are asking for, you already have got the indenmification and everything in place, just extend those on your side for the Rolite and Sludge and extend them on our side for the C&D. Page 4 paragraph 5' it says this agreement shall not be binding upon the Town of Queensbury until you approve it, they just want inserted Town of Queensbury or the contracting municipality. Asked for the Town Boards approval to make the changes so it can be sent out tomorrow or Monday at the late st... Councilman Monahan-questions language on page one 'the Town of Queensbury is desirous of accepting' I wish that word would be maybe, because the Rolite we may get in trouble with it, and it sounds like we have already made up our minds... Attorney Dusek-suggested adding after the words paper sludge and, and may be interest in accepting ash in the form of Rolite Discussion held and on page two second Whereas, after the words C&D waste and a possible use ... after the word Facility to be transformed into Rolite, and Board was polled on if they wanted the Attorney to send out the contracts to the municipalities as soon as possible.. . Mrs. Monahan-Yes Mrs. Goetz-Yes Mr. Caimano-Yes Mr. Tucker-Yes Mr. Brandt-Yes Attorney Dusek-If the County approves your agreement next week and the Towns agree to the agreements their meetings will be held in the next few weeks that closes out that for you..we already gotten the permit from Fred Austin....DEC we are working with right now, we have gotten a lengthy letter from DEC concerning all the substances, basically being positive as to paper sludge and C&D and being negative on Rolite...we still can move ahead with paper sludge and C&D and I also have calls into two other paper mills and I have talked to one of the representatives to see where they are at in term to coming to a contract in the next couple of weeks...it is coming together quickly.. . hopefully you will be up and running as of April 1 st. Councilman Monahan-questioned the use of the C&D Attorney Dusek-If I read their letter correctly it sound to me that they will let you use it for a combination of a fill plus they may let us use it in a liner I do not know about the daily cover... Councilman Tucker-That is the way it is used over in Moreau, as daily cover... Supervisor Brandt-As long as it is under the cover... Attorney Dusek-They are going to be strict on how much they will allow us to take in... we have to send more information on grades and profiles .. Supervisor Brandt-Morse Engineering will be working on this.... DISCUSSION-REV AL Councilman Tucker-Noted that last night we were told that we cannot have access to the information, we paid the bills... Attorney Dusek-Who is denying the access to the information... Councilman Monahan-Helen said it was in the ownership of the contractors until May 1. Noted we should have a copy so we can run some comparisons... Attorney Dusek-Within the past few days I had a conversation with Helen she outlined the matters that she had concerns about we have done some initial research and I got to tell you the research initially came out grey in terms of whether it is accessible or not...I pursued it further and I need to talk to Helen to get some more facts and review it, I certainly should have an answer to you by Monday.. Councilman Caimano-If all the taxpayers in the Town have been notified it has now become public domain.. . Councilman Monahan-This Town Board has had no way to judge the quality of that product... Supervisor Brandt-Leon Steves has a set of maps from the original sewer district that shows all the buildings to scale and all the road and he made that available to Jim Martin he also noted that if we want basic survey work and a quick design of roads they can do it cheaper than an engineering firm... RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION NO. 169,92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt Resolved, that the Town Board of the Town of Queensbury hereby moves into Executive Session to discuss Attorney Client Privileged matter, and history and possibly retaining of a firm. Duly adopted this 4th day of March, 1993 by the following vote: ALL THOSE IN FAVOR: AYES ALL THOSE OPPOSED: NONE (No action taken) On motion the meeting was adjourned. Respectfully submitted, Miss Darleen M. Dougher Town Clerk-Queensbury