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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. ~ ~~~ ~ ~~ ~~ ~~ 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 . .. .. 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 3/30/89 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 3/30/89 0 2 0 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. 0 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 3 .~ .. - . / . :; : 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 -~ ~~ Attest: TOWN OF RAYMOND, WISCONSIN -~ ~~~ 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: 3/30/89 FrMoniAg 4