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HomeMy WebLinkAbout1982-04-12 82-120 ORDER92-120 Introduced by Councilor ae.Wzian, April 12, 1982 CITY OF BANGOR (TITLE.) 4Vrberf ...Authorizing Participation. in a Joint Exercise Powers Agreement Proposed Regional Solid Waste Management Facility BY she City Co Oft City of Bangor. ORDERED, THAT, WHEREAS, the adequate and acceptable disposal of solid waste is becoming a major concern to all of the com- munities in the Penobscot Valley Region, and WHEREAS, said communities, in cooperation with the Penobscot Valley Regional Planning Commission, have determined that a regional solid waste management facility appears to be the most viable and economical solution to the solid waste disposal problem, and WHEREAS, it has been recommended by a special Task Force made up of representatives of area communities that extensive planning and development of a cost-effective, environmentally sound and reliable solid waste management plan for the Penobscot Valley Region is necessary, NOW, THEREFORE, Be It ORBITED, THAT the City Manager, acting for and on behalf of the Municipal Officers, be and hereby is authorized to act as the Authorized Representative of the City of Bangor in the proposed Joint Exercise Powers Agreement, a copy of which is attached hereto, and be it further ORDERED, BRAT the sum of Thirty-two Thousand Dollars ($32,000.), representing approximately $1.00 per capita, be contributed as the City's share of the cost of developing a long-term management strategy, said amount to be included in the 1982 Bond Issue. STATEMENT OF FACT: The Joint Exercise Powers Agreement is authorized pursuant to the Maine Interlocal Cooperation Act, Title 30, Chapter 203, M.R.S.A., and provides a means whereby a number of communities can undertake the mutual development of the solid waste management -1- plan. Each participating community will contribute an amount equal to at least $1.00 per capita, and each community will have one vote. The total estimated coat of the planning is approxi- mately $200,000., and it is anticipated that the State will pay up to one-half of the total coat. -2- In City Council. April 12,1982 RR99 1➢O Passed as amended O R'u-CR p6in ` .82 W9l B (Title, ulty QlerW Authorizing Participation �lq &&v,, '.T.c1nS::Exaralse: F.awBrs..Agr€.event ., ;. '� . Proposed Regional Solid Waste` management trod ed and filed by Ll JOINT EXERCISE BOWERS AGREEMENT RELATIVE TO A REGIONAL SOLID _WASTE MANAGEMENT FACILITY WHEREAS the parties to this agreement have the duty to provide solid waste disposal facilities for domestic and commercial solid wastes generated within their respective territories, 38 - M.R.S.A. paragraph 1305 (1); and WHEREAS the parties to this agreement have determined that it will be a more efficient use of their powers and to their mutual advantage to enter into this agreement; and WHEREAS the parties are authorized to contract pursuant to the Maine Interlocal Co-operation Act, Title 30, Chapter 203 M-.R.S.A.; NOW, THEREFORE, the municipalitiesof for and in sideration of the mutual promises and agreements hereinafter stated and the performance thereof do hereby promise and agree as follows: PART 1. PURPOSE. The purpose of this agreement is to provide for the planning and development of a cost-effective, environmentally sound and reliable solid waste management/resource recovery plan for the Penobscot Valley Region. The plan will provide a comprehensive, long-term - management strategy for handling the present and projected volumes of solid waste generated in the Region. In cooperation with the parties to this agreement, the planning effort will involve a thorough examination of waste generation, potential energy markets, potential facility sites, transportation system options and the environmental impacts of alternatives. Plan alternatives will be developed and analyzed given considerations of site, market, transportation, costs, environmental ental impacts and G public a ceptibility. Detailed guidance v forimplementation of the selected plan will be provided including preliminary design plans, complete cost analysis, financing options, n enc/imDlementa- _von strategies, risk snaring and operating strategies. �% n PART 2. DEFINITIONS. 2.1. Definitions. As used in this agreement 1a) "Solid Wastes" means solid materials with insufficient liquid content to be free flowing, including without limitation rubbish, garbage, scrap materials, junk, ref- use, inert material, landscape refuse, wastewater treat- ment plant and septic sludges; (b) "Solid waste management facility" means any land area or structure or combination of land area and structures, used for storing, salvaging, processing reducing, incinerat- ing, or disposing of solid wastes. PART 3. ADMINISTRATION. 3.1. Joint Board. A Joint Board of Directors will be appointed by the municipal offi- cers of the parties. Each participating municipality shall have one director. All terms shall coincide with the term of this agreement. Upon the effective date of this agreement or as soon thereafter a possible the Directors shall hold an organizational meeting, elect a chairman and perform all other actions necessary to this agreement. 3.2. Meetings. (a) Joint Board meetings may be called by any director. (b) A quorum for any meeting shall consist of at least a majority of directors representing the parties to this agreement 3.3. Powers. The Joint Board shall have all necessary and incidental powers granted to directors of non -capital stock corporations under Title 13, Chapter 81 M.R.S.A., subject to such limitations as are required by law and this agreement. PART 4. FINANCE. 4.1. Apportionment Costs of operations, and items incidental thereto, shall be paid for by collections from grants, donations and appropriations of the parties. Appropriations shall be allocated between the parties in accordance with the following: (a) Minimum appropriations. For the first year of this agree- ment, no party shall appropriate an amount less than $1.00 per capita. Nothing in this agreement shall be construed to prevent a party from voluntarily contributing more than its required share of hosts. (b) Subsequent appropriations. Subject to sub -section (a) above, appropriations for subsequent periods shall be based upon estimated costs of subsequent periods as pre- pared by the Joint Board. (c) The manner in which appropriations are financed shall be at the sole discretion of the parties. 4.2. Financial Procedures. (a) Budget. The Joint Board shall prepare a budget, determine -recommended shares of costs and transmit the same to the parties on or prior to November 1st of each year. (b) Audit. The Board shall engage a qualified public account- ant to conduct an annual audit of the accounts. The audit shall be conducted on the basis of auditing standards and procedures prescribed by the State Auditor for municipali- ties. PART 5. PROPERTY. 5.1. Title. The Joint Board shall hold title to all real and personal property acquired pursuant, to the purposes for which it is formed. 5.2. Distribution of Assets. Assetsofthe Joint -Board remaining at the time of termination of this agreement shall be divided among the parties according to their proportionate payments or contributions to the Corporation during the period of this agreement, subject to the following: (a) upon termination of this agreement all property, real dna personal, acquired by the Joint Boars shall be offered for sale to the pcat the market value of such property. purchased Property not purchaha sed by the pasties shall be sold at public auction. PART 6. AGENCIES, CONSULTANTS 6 EMPLOYEES. 6.1. Employment The Joint Board may employ such agencies, consultants and person as it deems necessary to accomplish the purposes of this agreements it is the intent of the Joint Board to contract with the Penobscot Valley Regional Planning Commission and the consultant firm of - 3 - Bsa - W"mm Hayden-Fegman to perform the majority of the functions of the Joint Board. It is not the intent of the Joint Board to employ any full time persons, but, any such employees shall be employees of the Joint Board and shall not be deemed to be employees or subject to Procedures, supervision or rules of any party. The Joint Board shall be solely liable to any such employees for any liability for compensation or indemnity for injury or sickness arising out of or in the course of their employment. (a) Staff time may be contributed without compensation to the Joint Board by the parties. Persons performing work under such contribution arrangements shall be under the super- vision of the Board or its designated supervisory person- nel, but shall otherwise retain the status of an employee of the contributing party. PART 7. REMEDIES. 7.1. Breach. A party shall be deemed to be in breach of this Agreement if it fails to appropriate or make timely payment of its share of costs, or if it fails to perform or comply with any of the terms, provi- sions, or conditions of this agreement. The Joint Board shall give a party written notice of specific acts or omissions which consti- tute breach. The party so notified shall have 30 days to conform. If the party fails to conform within the above-mentioned time peri- od, or if the party waives the time period, then the party or the Joint Board shall have the power to submit the question of breach to the arbitration procedure established in section 7.2. 7.2. Arbitration. In the event the Joint Board or a party under notice of breach elects to submit a question of breach to arbitration, the following provisions shall govern: (a) The Joint Board and the party under notice of breach shall each select a representative and the two persons so sel- ected shall choose a third -neutral person, and the three persons so selected shall constitute an arbitration board. If either party does not select its representative or if the two representatives fail to agree upon, select and name a third neutral person within fourteen (14) days, either party may request the American Arbitration Associa- tion to utilize its procedures for making such selection. (b) The arbitration board's jurisdiction shall be limited to the interpretation or application of the terms of this agreement. (c) As soon a possible after the selection of the neutral person, the three arbitrators shall meet with the parties or their representatives, or both, forthwith, either jointly or separately, make inquiries and investigations, hold hearings, or take such other steps as they deem appropriate. Hearings shall be informal, and rules of evidence prevailing in judicial proceedings shall not be binding. (d) The arbitration board shall by majority vote make written findings and shall render a decision which with the excep- tion of fraud shall be binding upon the Joint Board and the parties. In the event the arbitraion board finds the breaching party to have made a withdrawal, the remedy shall be as provided in Section 7.3. hereinbelow• (e) The cost of arbitration proceedings shall be shared equal- ly by the Joint Board and the party under notice of breach. 7.3. Withdrawal. Any party may withdraw from this agreement subject to the following: (a) The withdrawing party shall give written notice of its intent to withdraw to the Joint Board within 180 days of such withdrawal. The effective date of such withdrawal shall be 180 days from date of such certified notice. The party shall make any payments due during such period. (b) In the event the withdrawing party fails to comply with subsection (a) above, it shall pay to the Joint Board an amount equal to its share of costs due through the follow- ing year. (c) The withdrawing party shall pay to the Joint -Board the entire amount of its share of any outstanding debts of the Joint Board. 7.4. Indemnification in case of liability to, third parties. The parties agree to indemnify each other for any liability which a party or parties may incur as a result of asuit against the Joint Board arising out of activities performed by it for the benefit of the parties. PART '8. ADOPTION, AMENDMENT. 8.1. Duration. This agreement shall continue in force for a term of 2 years from its effective date. 8.2. Adoption. _ This agreement shall not take effect with respect to parties signa- tory unless the following occurs: (a) it has been approved by the legislative bodies of at least two partiesanda majority of the municipal officers thereof have affixed their signatures below; and (b) it has been approved by the Attorney General and by (appropriate state agency), and; (C) it has been filed with the clerk of each of the signatory parties and with the Secretary of State. 8.3. Review By Regional Planning. This agreement shall be filed for review with the PVRPC at least J days prior to the date of legislation action by any of the parties. 8.4. Amendment. This agreement may be amended by the parties in the same manner as that provided in Section 8.2. hereinabove, provided however, that additional parties may be admitted to this agreement if 2/3 of the Joint Board votes to admit such additional party, and the legisla- tive body of the additional party accepts by appropriate action the terms and conditions placed upon such entry by the Joint Board. - ym.n IN WITNESS WHEREOF, the parties have by their duly authorised offi- cers caused this Joint Exercise Powers Agreement relative to a regional solid waste management facility to be executed this day of , 1982, _ By Town of =tie Approved: Attorney General Department of Envlconmetatai Protection Reg TonalPlanning Commiss ion - - Mammon w.om•o