CCR1989114COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION 11114-89
RESOLUTION AUTHORIZING METRO LANDFILL
MONITORING COMMITTEE AGREEMENT BY AND
AMONG RACINE AND WAUXESHA COUNTIES, TOWNS
AND FRANKLIN AND WASTE MANAGEMENT OF WISCONSIN, INC.
OF RAYMOND AND NORWAY, CITIES OF MUSKEGO
1.
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WHEREAS, the Counties of Racine and Waukesha, Towns of
Raymond and Norway and Cities of Muskego and Franklin ("affected
communitieslg) have and continue to negotiate over the terms and
conditions of Waste Management of Wisconsin, 1nc.I~ proposed
expansion at the Metro Landfill located in the City of Franklin
under Ch. 144 Wis. Stats; and
WHEREAS, the Waste Facility Siting Committee recommends
approval by the governing bodies of the affected communities of
the attached Monitoring Committee Agreement to commence now and
continue through formal closure of the Metro Landfill: and
WHEREAS, the Waste Facility Siting Committee shall continue
to negotiate other terms and conditions of the proposed expansion
at the Metro Landfill:
NOW, THEREFORE, BE IT RESOLVED that the Monitoring Committee
Agreement be and is approved and adopted.
Dated:
APPROVED :
ATTEST:
a FrMoniRe
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MONITORING COMMITTEE AGREEMENT
1. Membership.
monitoring committee. The monitoring committee shall be comprised
There is created by this Agreement a
whom shall be appointed by the City of Franklin, and the remaining
of ten members, two of whom shall be appointed by Waste, three of
five shall be appointed on the basis of one being appointed for
each of the five remaining affected communities (Counties of
Racine and Waukesha, Towns of Raymond and Norway and City of
Muskego). Waste can substitute different people as its members.
No member, other than that appointed by Waste, shall receive
anything of value, directly or indirectly from Waste. Each
member, other than those appointed by Waste, shall complete and
Code of Ethics.
file the financial disclosure statement set forth in the Franklin
2. 9uorum. Four members of the monitoring committee from
the municipalities at any given meeting shall constitute a quorum.
In addition to the requirements of Paragraph 6 as it applies to
all members of the committee including those from Waste, upon
calling an emergency meeting of the committee, the chairperson
shall assure that, in addition to the requirements of the Open
Meeting Law, he has personally called the Metro Landfill facility
to advise the person then in charge at that facility of the date,
unable to reach anyone at that address and telephone number, place, time and purpose of any such meeting. In the event he is
including personal calls to the residence of the two members, he
shall then call the Regional Office of Waste whose telephone
number, at the time of the signing of this document, is 414/359-
Milwaukee. When calling that number, the chairperson shall ask
1110. The office is located at 10850 West Park Place, Suite 1200,
for the Vice President of Operations' office and advise that
person of the date, place, time, purpose of the meeting, and the fact that he has been otherwise unable to make contact with
appropriate representatives of Waste. After having complied with
the requirements of this subparagraph, the meeting may go forward
with or without representatives from Waste.
care of the City of Franklin Clerk, shall receive a copy of all
3. Members to Receive Copies. The monitoring committee, in
submittals made by Waste to the Wisconsin Department of Natural
Agreement and continuing through long term care.
Resources commencing with the date of the signing of this
4. Fundinq. Funding for expenses for the monitoring
committee in an amount not to exceed $5,000 per year shall be
furnished by Waste to cover mailing, telephone, and other
reasonable and necessary expenses incurred by the monitoring
committee in the fulfillment of its duties. However, Waste shall
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not reject payment if requested for an additional amount equal to
the percentage of increase as of the April, 1989 Consumer Price
Index published by the U.S. Department of Labor, Bureau of Labor
Statistics (CPI-w) U.S. City Average, and annually thereafter with
April of the preceding year used as the base month for computing
payment shall be changed by $5,000 multiplied by said percentage.
the charge and that, upon Committee request the amount of annual
Nothing herein shall preclude Waste and the monitoring committee
from agreeing to increases in this funding amount or furnishing
Waste and the monitoring committee.
additional funds on an as needed basis by mutual agreement of
The committee shall deposit and keep all unused funds
received from Waste in an account held by the City of Franklin
Treasurer.
approval. The City of Franklin shall annually give Waste an
Disbursement shall only be subject to committee
accounting of receipts and disbursements of all money received by
Waste. The accounting shall be conducted by the City's auditors
and shall be at no cost to Waste. At the end of each calendar
year the committee shall refund to Waste all unspent and
uncommitted funds.
5. Meetins Facilities. All meetings shall take place in a
public building.
quarterly basis during the first week of the month of January,
6. Meetinqs. The monitoring committee shall meet on a
April, July and October, annually. Additional meetings are called
by the chair or any two members of the monitoring committee at
The notice for and conduct of the meeting shall comply with the
such other time as may be delineated in the meeting notice call.
time to time.
open meetings law, Sections 19.81 Stats. et seq. as amended from
a
7. Duties of the Monitorinq Committee. It is the desire of
Waste and the affected communities that are a party to this
Agreement that the Monitoring Committee act as a clearinghouse for
information to all parties. The purposes of the Committee include
to interface, act as liaison, investiqate complaints, disseminate
information, enforce this Agreement, manage monitoring activities, such as private well testing, and such other duties as established
in this Agreement.
While it is recognized that the affected communities
this Agreement, the parties recognize that education, a hearing of
cannot abrogate the responsibilities of their local government by
the complaints, a gathering of information surrounding the
complaints, if any, would help both Waste and the affected
communities. Often times the Monitoring Committee may be able to
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resolve a controversy by furnishing information to the parties
involved. The Committee may refer matters for enforcement.
at the pleasure of the entity appointing the member. From its own 8. w. Members of the Monitoring Committee shall serve
membership, the Monitoring Committee shall elect a chairman, vice-
chairman and secretary-treasurer, during the odd numbered annual
first quarterly meeting. No Waste Committee member shall be
eligible to serve as an officer, The officers so elected shall
serve for a two-year termor until successors are elected at the
appropriate annual first quarter meeting of the local committee or
special meeting call thereafter for that purpose.
9. Request for Information and ComDlaints. The Monitoring
Committee shall and is encouraged to accept and garner all
or a complaint which a local citizen may have.
information relative to a local citizen's request for information
Both parties shall respond to complaints within two (2)
working days of receipt of the complaint. Upon receipt of a
confirm the conversation with a follow-up letter. Within ten (10)
complaint, the recipient shall telephone the other party and
days Waste shall furnish any and all information which it has
relative to the requested item or the complaint to the Monitoring
Committee.
It is the hope that this process will provide a
mechanism whereby the local citizens affected by the site will
have a mechanism available to them to obtain information which
vehicle to review information, furnish information and otherwise
they feel is necessary for their own well being and to furnish a
react in their best interests to matters relating to the landfill.
from citizens and Waste, shall act as a clearinghouse and hear the
The Monitoring Committee shall receive the information
matter. As part of their decision-making process, the Monitoring
Committee may make a request. to Waste to react to the complaint.
The Committee may refer the matter to the affected municipality
for enforcement.
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Nothing in this Agreement shall abrogate existing rights
acknowledge that the affected communities have pre-existing
or remedies as they exist under law. The parties specifically
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responsibilities to their citizenry and by statutory mandate.
IN WITNESS WHEREOF, the undersigned have caused their
signatures to be affixed this x%hday of April
1989.
I
CITY OF FRANKLIN, WISCONSIN
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Attest:
TOWN OF RAYMOND, WISCONSIN
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Attest:
TOWN OF NORWAY, WISCONSIN
by
Attest:
COUNTY OF RACINE, WISCONSIN
by
Attest:
CITY OF MUSXEGO, WISCONSIN
by
Attest:
COUNTY OF WAUKESHA, WISCONSIN
Attest:
WASTE MANAGEMENT OF WISCONSINl INC.
Attest:
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FrMoniAg
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