Loading...
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