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2003-167RESOLUTION NO. 2003-167 RESOLUTION AUTHORIZING AND APPROVING THE JOINT LANDFILL ACCESS AGREEMENT At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 9th day of June, 2003, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmen - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey ABSENT: The following Resolution was introduced by Mr.yaldati Mr. Bettina and seconded by WHEREAS, the Poughkeepsie-Wappinger-LaGrange Joint Landfill Project (the "Project") is undertaking the upgrade of the closure of the Joint Municipal Landfill located on property owned by the County of Dutchess (the "County") on Route 376, Town of Wappinger (the "Joint Landfill"), in accordance with an Order on Consent from the New York State Department of Environmental Conservation (the "Work"); and WHEREAS, the County has proposed an access agreement which will be in effect until the completion of the Work, a true copy of which is presented to this meeting (the "Access Agreement"); and 0:• WAPPINGEITown Board IRESOLUTIONILandfill-AccessAgmt.doc WHEREAS, it is the recommendation of the Project's Board of Governors that the City and Town of Poughkeepsie, the Towns of Wappinger and LaGrange, and the Village of Wappingers Falls authorize and approve the Access Agreement. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board of the Town of Wappinger hereby approves the Access Agreement. 3. Town Supervisor Joseph Ruggiero be, and he hereby is, authorized and empowered to execute the Access Agreement on behalf of the Town of Wappinger. 4. This Resolution shall take effect immediately. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Ave ROBERT L. VALDATI, Councilman Voting Ave VINCENT F. BETTINA, Councilman JOSEPH P. PAOLONI, Councilman CHRISTOPHER J. COLSEY, Councilman Dated: Wappingers Falls, New York June 9, 2003 Voting Aye Voting Aye Voting Aye The Reso ution is herebb duly declared adopted. A/ 'D / /. ./i /i n 0:IWAPPINGEITown BoardIRESOLUTIOMLandfill-AccessAgmt.doc AGREEMENT THIS AGREEMENT, made this of 2003, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, NY 12601 (hereinafter referred to as County) and the TOWN OF POUGHKEEPSIE, a municipal corporation, with offices at Town of Poughkeepsie Hall, 1 Overocker Road, Poughkeepsie, NY 12603, and the TOWN OF WAPPINGER, a municipal corporation, with offices at 20 Middlebush Road, Wappingers Falls, NY 12590, and the TOWN OF LAGRANGE, 120 Stringham Rd., LaGrangeville, NY 12540, and the CITY OF POUGHKEEPSIE, with offices at 62 Civic Center Plaza, Poughkeepsie, NY 12601, and the VILLAGE OF WAPPINGERS FALLS, with offices at 2628 South Avenue, Wappingers Falls, NY 12590, comprising the of the JOINT LANDFILL BOARD OF GOVERNORS (hereinafter referred to as Board). WITNESSETH: WHEREAS, the County is the owner of the Dutchess County Airport located in the Town of Wappinger, County of Dutchess, State of New York, and WHEREAS, the Supervisors of the Towns Poughkeepsie, Wappinger and LaGrange, the Mayors of the City of Poughkeepsie and the Village of Wappingers Falls comprise the Joint Landfill Board of Governors, and WHEREAS, the Board operdted a municipal landfill at the Dutchess County Airport in the 1970s pursuant to a duly executed agreement entered into by all of the municipalities, which has since expired, and WHEREAS, there came a time that the landfill was closed due to Federal Aviation Regulations, and WHEREAS, the New York State Department of Environmental Conservation has determined that additional closure improvements are required due to the reasons set forth in Consent Order File # R3-20020628-75, and WHEREAS, the County and the Board will be entering into a Consent Order with the NYS Department of Environmental Conservation concerning the recent leachate releases, and WHEREAS, the County and the Board wish to memorialize their respective rights and obligations relating to the former municipal landfill and the Consent Order, now, therefore, it is mutually agreed by and between the parties hereto as follows: 1. The Board agrees to satisfy the terms and conditions of Consent Order, File # R3- 20020628-75. The County, in its capacity as the owner of the Dutchess County Airport site and a respondent agrees to comply with the consent order so that the Board can satisfy said terms and conditions in a timely manner. G-1094 2. It is understood that all activity at the former landfill site is subject to the rules and procedures of the D.C. Airport which must be complied with by all persons working at the site. See copies of Federal Aviation Administration Advisory Circulars dated August 26, 2000, July 5, 1996 and May 31, 1984 which are annexed hereto as Exhibit A. These Advisory Circulars concern the type of work that needs to be done at the site as specified in the Consent Order. The Board will include these Advisory Circulars in all of the bid documents that are issued for any and all of the work to be conducted at the Airport. If the type of work is modified in the future, then additional Advisory Circulars or other information will be provided to anyone working at the former landfill site. In addition, all persons working or visiting the site will be subject to the authority of the Airport Director. 3. At all times during the term of this Agreement, the Towns of Poughkeepsie, Wappinger and LaGrange, City of Poughkeepsie and Village of Wappingers Falls and all contractors hired by the Board, shall maintain at their own cost the following insurance and shall provide proof thereof to the County, in the form of a Certificate of Insurance, prior to commencing work under this Agreement: (a) Statutory Worker's Compensation coverage in compliance with the Compensation Law of the State of New York. In the event the statute does not require coverage of contractor, contractor must complete NYS Workers' Compensation/ Board Form C-105.21 and provide the County with a properly executed copy thereof. (b) General Liability Insurance coverage in the comprehensive or commercial general liability form including blanket contractual coverage for the operation of the program under this Agreement in the amount of $1,000,000.00 per occurrence. This insurance shall include coverage for bodily injury and property damage and shall be on an occurrence form with a waiver of subrogation. The County must be listed as additional insured. (c) Automobile liability insurance coverage for all owned, leased, or non -owned vehicles in the amount of $1,000,000.00 per occurrence. This insurance shall include coverage for bodily injury and property damage. (d) Professional Liability. The Contractor shall provide proof of such insurance with limits of $1,000,000.00 per occurrence; $3,000,000.00 in the aggregate. Professional Liability insurance is required for the engineering firms and similar type of firms. G-1094 Prior to cancellation or material change in any policy, a thirty (30) day notice shall be given to the County Attorney at the address listed below: Dutchess County Attorney County Office Building 22 Market Street Poughkeepsie, New York 12601 On receipt of such notice, the County shall have the option to cancel this Agreement without further expense or liability to the County, or to require the Contractor to replace the cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the County. Failure of the Contractor to take out or to maintain, or the taking out or the maintenance of any required insurance, shall not relieve the Contractor from any liability under this Agreement nor shall the insurance requirements be construed to conflict with or to limit the obligations of the Contractor concerning indemnification. All losses of County property shall be adjusted with and made payable directly to the County. All Certificates of Insurance shall be approved by the County Director of Risk Management prior to commepcement of any work under this Agreement. All policies of insurance referred to above shall be underwritten by companies authorized to do business in the State of New York and acceptable to the County. In addition, every policy required above shall be primary insurance and any insurance carried by the County, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. Proof of additional insured coverage shall be evidenced through an additional insured endorsement provided by the insurance carrier. In the event that claims in excess of these amounts are filed in connection with this Agreement, the excess amount or any portion thereof may be withheld from payment due or to become due the Contractor until the Contractor furnishes such additional security as is determined necessary by the County. 4. The Towns of Poughkeepsie, Wappinger, Lagrange, City of Poughkeepsie and Village of Wappingers Falls shall indemnify and hold harmless the County against any and all liability for damages, costs, losses, expenses, fines, penalties resulting from, or arising out of, the work being undertaken by the Board or its agents pursuant to the Consent Order referred to in paragraph 1 of this agreement. G-1094 5. The Board will provide a written report to the County on the status of the additional closure improvements on or about January 1, April 1, July 1, and September 1 of each year. APPROVED AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS County Attorney's Office TOWN OF POUGHKEEPSIE BY: Print Name: Title: TOWN OF LAGRANGE BY: Print Name: Title: VILLAGE OF WAPPINGERS FALLS BY: Print Name: Title: G-1094 WILLIAM R. STEINHAUS County Executive TOWN OF WAPPINGER BY: Print Name: Title: CITY OF POUGHKEEPSIE BY: Print Name: Title: VED yIAT�IQ�gdvisory PH 3. Circular oU.S Federal Aviation Administration Subject: CONSTRUCTION OR ESTABLISHMENT Date: August 26, 2000 AC No: 150/5200-34 OF LANDFILLS NEAR PUBLIC AIRPORTS Initiated by: AAS -300 Change: I. Purpose: This advisory circular (AC) contains guidance on complying with new Federal'statutory requirements regarding the construction or establishment of landfills near public airports. 2. Application. The guidance contained in the AC is provided by the Federal Aviation Administration (FAA) for use by persons considering the construction or establishment of a municipal solid waste landfill (MSWLF) near a public airport. Guidance contained herein,should be used to comply with recently enacted MS WLF site limitations contained in 49 U.S.C. § 44718(d), as amended by section 503 of the Wendell H. Ford Aviation Investment and Reform Act for the 21" Century, Pub. L. No. 106-181 (April 5, 2000), "Structures interfering with air commerce." In accordance with § 44718(d), as amended, these site limitations are not applicable in the State of Alaska. In addition, this AC provides guidance for a state aviation agency desiring to petition the FAA for an exemption from the requirements of § 44718(d), as amended. 3. Related Reading Materials. a. AC - 150/5200-33, Hazardous Wildlife Attractions On or Near Airports, May 1, 1997. b. Wildlife Strikes to Civil Aircraft in the United States 1990-1998, FAA Wildlife Aircraft Strike Database Serial Report Number 5, November 1998. c. Report to Congress: Potential Hazards to Aircraft by Locating Waste Disposal Sites in the Vicinity of Airports, April 1996, DOT/FAA/AS/96-1. d. Title 14, Code of Federal Regulation, Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers. e. Title 40, Code of Federal Regulation, Part 258, Municipal Solid Waste Landfill Criteria. Some of these documents and additional information on wildlife management, including guidance on landfills, are available on the FAA's Airports web site at www.faa.aov/am/arphome.htm. a AdvisoryU.S. Department of Transportation • Federal Aviation -3 Circular Administration MORRIS ASSOCIATES Subject: DEBRIS HAZARDS AT CIVIL AIRPORTS Date: 7/5/96 AC No: 150/5380-513 Initiated.by: AAS -100 Change: I. PURPOSE. This advisory circular (AC) discusses problems of debris at airports, gives information on foreign objects, and tells how to eliminate such objects from operational areas. It also addresses the acquisition of power sweepers for foreign object damage/debris (FOD) control at airports. 2. CANCELLATION. AC 150/5380=5A, Debris Hazards at Civil Airports, dated 2/25/81, is canceled. 3. APPLICATION. The material contained in this AC is applicable for use in the operation of all civil airports. On certificated airports, the recommendations and guidelines may be used, as appropriate, to satisfy the requirements of Federal Aviation Regulation (FAR) Part 139, Subpart D, paragraphs 139.305(a)(4) and 139.307(x)(5). 4. RELATED READING MATERIAL. a. AC 150/5200-18, Airport Safety Self - Inspection, current edition. b. AC 150/5200-30A, Airport Winter Safety and Operations, current edition. c. AC 150/5200-5A, Wildlife Attractants On or Near Airports, current edition. d. AC 150/5300-13, Airport Design, current edition. 5. BACKGROUND. a. Debris Hazards. FOD hazards --on airports are considered to be comparable to those associated with birds and wi perationS. U0"5ts to one major airline average $15,000 per aircraft, which represents an industry cost of over $60 million per year. This is the equivalent_ of one new medium-sized transport category jet "Tests and experience have shown that foreign objects on airport pavements can 'be readily ingested by aircraft engines, resulting in engine failure. Debris can also become lodged in mechanisms, affecting the operation of landing gear, flaps, etc. These hazards can be reduced, however, by the establishment of an active FOD prevention program. While snow and ice and wildlife are significant causes of FOD, these concerns are addressed by other ACs (see par. 4, Related Reading Material) and are beyond the scope of this document. b. Typical Foreign Objects. Typical foreign objects include the following. aircraft and engine fasteners (nuts, bolts, washers, safety wire, etc.); mechanics' tools; flight line metal (nails, personnel badges, pens, pencils, etc.); stones and sand; paving materials; pieces of wood; plastic and/or polyethylene materials; paper products; and ice formations in operational'areas. 6. PREVENTIVE MEASURES. The following information is intended to help in establishing airport programs for preventing foreign object damage. It is particularly applicable to airport owners and operators, air carrier station managers, and general aviation operators. Individuals in these positions are expected to alert ramp crews, maintenance technicians, and aircraft servicing personnel to the safety hazards created by debris. Procedures to eliminate FOD must address two fundamental requirements: (a) the avoidance of debris and (b) the removal of debris from airport pavements. Consider the potential of all airside activities in the -:cause of FOD. For example, using ordinary surveyor's flags instead of specially designed markers to mark edge lights for • snow removal may easily, precipitate a FOD situation. Advisory Circular 150/5200-30, Airport Winter Safety and Operations, provides details on recommended edge light markers. a, US. Department of Transportation Federal Aviation Administration . a E V E MORRIS ASSOCIATES Advisory Circular Subject: OPERATIONAL SAFETY ON AIRPORTS Date: .5/31/84 ACNo: 150/5370-2C DURING CONSTRUCTION Initiated by: AAS -300 Change: a 1. PURPOSE. This advisory circular (AC) sets forth guidelines concerning the operational safety on airports during construction, to assist. airport operators in complying with Part 139, Certification and Operation: Land Airports Serving Certain Air Carriers, of -the Federal Aviation Regulations. (FAR), and with the requirements of Federally -funded construction projects. Construction activity is defined as the presence and movement of personnel, equipment, and materials in any location which could infringe upon the movement of aircraft. For noncertificated airports and airports with no grant agreements, applicc-�tion of these provisions will help maintain the desired level of operational safety during periods of construction. 2. CANCELLATION. AC 150/5370-2B, Operational Safety on Airports With Emphasis on Safety During Construction, dated October 9, 1981, is canceled. 3, RELATED READING MATERIAL. All references cited herein are available for inspection in any Federal Aviation Administration (FAA) regional office. a. The Federal Aviation Regulations are sold by the Superintendent of Documents (AC 00-44, Status of Federal Aviation Regulations, current edi- tion, contains a price list and ordering instructions). b. AC 150/5370-10, Standards for Specifying Construction of Airports, is also sold by the Superintendent of Documents (AC 00-2, Advisory Circular Checklist, current edition, contains ordering instructions). 4. BACKGROUND. Various AC's which detail all major elements of safe, efficient airport design and construction are available. However, opera- tional safety on airports may be degraded by construction hazards or margi- nal conditions that develop after an airport has been opened or approved for operation. This AC addresses that problem. NOTE: Airports which have received Federal assistance (grants, real or personal property) and air- ports certificated under FAR Part 139 have mandatory requirements related to this subject: