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HomeMy WebLinkAboutSolid Waste Mgmnt District STATE OF N~W YORK COLq'"~I'Y OF SUFFOLK TO¥~,.%' OF ~dTHOLD BOb]) ANTICIPATION NOTE FOR INCREASE AND IMPROVEMEN-£ OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT-2002 The Town of Southold. irs the Count:,.' of Suffolk, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pal to Hare & Co., the registered owner hereof, or assigns, the SwUim' ?f TWO.MILLI, ON F.l'v~. HIT,'NDRED THOUSAND DOLLARS {$~,$~t~}} on the.,~.~.~M'.&l~,i, ~3. t,,gether ~ ' tn interest tilereon from tile aate hereof at the rate of two mid eight hurlffredths per centum ~.08%l per mmum pa~.ab[e at' maturity. Both principal of and interest on this Note will be paid in [a,a ful mone~, of the United States of 3mt. rtca. at the Office of the Town Clerk, To~n Hall, Southold, New York. This Note is the onl.~ Note of an authorized renewal note issue, the principal amount of which ~s 52.500.000. This Note is issued pursuant to the proxqsions of the Local Finance Law. coqc:?tuting Chapter 33-a of the. Conso!it~ated L,}ws of the. State of New York, the bond resolution duly adopted by the '}'o~n Board on Marco 13. 2001, authorizing the issuance of $2,600,000 serial bonds for the increase and improvement of t~cditie.~ of Lhe g.~uthold Solid Wast..- Management District~ in the Town. and the Certificate of Determination executed by the Supervisor on April 26. 2002. This Note has been desi~tnated bv the Town as a qualified ~ax.<'xentpt obligation pursuant to the prnvisioos of Section 265 of the Internal Revenue Cod~ of 198g. as amended· The faith ahd credit of suclr-T~v,n of .~thold arf,~herebv i,t~o.cablv ple3eed tbr the punctual the pr,nc pa ufa tdn ere~ on th,s Note a~.coRi,ng co ,ts ~s. ~ ,~ . .. ' -:"~ -'.'- ..': It is hereby cerilfied and recned that all co~dloon~.tacts'~nd things reqmred by t~e CT, net o: n arid ¢c. tu'c of the Stnte of New Yurt{ t6 exist to~ave happened and t,o have bee6'fier[~rmod n,',~cedent to an~l n the ;s~m~c* exist, have happened and have been pectbrmed, and that this Note, tng'ether.'with all other {ndebterJness of such '~own o f Soutbold,- is ,J, ithin every debt and~/other limit prescribed by-the Const ut on and la~s~f such S,'at: ' · IN WITNESS %~E, REOF the'lown ofSo ithold hageause.l s Note'to-be s o.,~J '"il:sSune-v s r i.s corporate ,eM tora t*pstm~!e thet~f} ~o.be affixed hereto at' affixed, ~mpressed. m~'lnted or otherwise ~prodnccd a,:reot and atteqted by ~ts Town:Clerk and. this Note to be dated as of the 2.6t? day..of April, ,~2. . ,-: , TOWN OF 5Ot~THOI.D ATTEST: TO~I~ Clerk / -----r' 2" '.' "t. ',..., .~ ~.., ~, .... ~;,' , ~. · a; .;::. . . : .a.: .., ~ , ':~, -.::,~ ,,., .:?-. '. '~ ~t:'.: ;.~.~ !...,,? ~';..'!:, ,,, ,.I~t.'.~.,:. t!~:,. · ,~,,~ .~,.: .:., v ,.,.,.. .~ V.~r .,, ,. :',,,,, ?-~.",! ..,,,. ,'t", ~. "~: ,2" I' ' ;.&.. "A'A'A" :,.~. '~,"ArA"A ; !:~' .''.AAA .,, .~.'..;., _.., J'A&,..,.. /~'~'~,_.,.[,;.,~Ijl .,...'~:"'..t,:' "~'~t? STATE OF NEW YORK C¢}UNTY OF SUFFOLK TOWN OF SOUTHOLD BOND ANTICIPATION NOTE FOR SOLID WASTE MANAGEMENT DISTRICT-2001 The Town of Southold, in tbc County of Suffolk, a tnunicipal corporation of the State of New York, hereby indebted and for value received promises to pay to tlARE& CO., thc sum of FIVE MILLION THREE HUNDRED THOUSAND DOLLARS {$5,300,000) on the 4th day of October, 2002, together with interest thereon from the date hereof at the rate of two and nineteen htmdredths per centom (2.19%) per annum, payable at maturity. Both 'and interest oil this Note will be paid in lawful money of the Unlted States of America. at the office of the To.am glerk, Town of Southold, 53095 Main Road, Southold, New York. This Note is the only Note of an authorized issue, the principal amount of which is $5,300.000. This Note is issued pursuant to the provisions of the Local Finance Law. constituting Chapter 33-a of the Consofidated Laws of the State of New Y~rk. the bond resolution adopted bvthe Town Board on November 25. 1997 and amended March 13, '~001, authorizing ~e issuanse nfS7 800 000~ser~ bo~s for ]he ini:reas41 and improvement of facilities of the Southold Soi~d Waste Management I~istri~t'. in s."tid Tt'~v. n. and the Certificate oI Determination executed by the Supervisor on October L.$O~I'I~/-~. of Section 265 of tbe i ~mal ReVue Co.~ ~86. q~ended~[ ~ Th~ ithandcreditor'~i vno~,lda~,e [i~evac~ the principal of and I rest on this Nntel ~col g to ~t~s. ~ It i ereby ce~ificd ~ l r~i that~ cr~iti~. ~ and things req~ of the State of Sew~ r r to ex,s~o ~ ~ ~ed &~ ¢~ ~e *~,1~ rtlmncd prece~ Note, e~st have ba~ ~led and~ve~ ~ ~n~}~nd t,a[ this ~r , togethcr~th J oI'Southold is withiffi ~ cry d~, ~ :r li~ tres~bcd by thc O'msfi~tion an~ws IN, :0F, [T.n or S,,uthold hat.~usc~ NI its coW,watt seal (or a I~ile th~reo0 to be ~impfiat~engra~emi its Town Clerk and this Note to be dated as of the 4th day of OoZier, 20~ i Wsuant to the provisions such State. ~d TOWN OF SOUTHOLD ' statutes suance c~f this r-h Town its Supervisor, and (SEAL) ATTEST: ~n Clerks No. R-2 $3,490,000 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF ~OUTHOLD BOND ANTICIPATION NOTE FOR SOLID WASTE MANAGEMENT DISTRICT-2002 The Town of Southold, in the County of Suffolk, a municipal corporation o£ the State of New York, hereby acknowledges itself indebted end for value received promises to pay to the bearer of tiffs Note, or it' it be registered, to the registered holder, thc sum of THIt~E MILLION FOUR HUNDRED N13rETY THOUSAND DOLLARS ($3,490,000) on the 3rd day of October, 2003, I:ogether with interest thereon from the date hereot' at the rate ofune and fifty nine hundredths per ce~tum (1.59%) per annum, payable at maturity. Both prmeipal of end interest on this Note will be paid in lawful money ot'the Uthted States of America, at the office of the Town Clerk. Town of Southald` 53095 Main Road, Southold. New York. At the requga't of the holder, file Town Clerk ,al~ll co~nvert this Note into a regina'ed Note by registering it in the name of the holder in the b6oks of the Tow'~ kept in the offi~e of-such Town Clerk end endersmg a certificate of ~ch registration hemun, afar which both Principal of and interest on fids Note shall be payable only to the registered holder, his legal representatives, ~t~ssors or lransferees. This Note ~all theu be ~'amferable only upon presentation m such Town Clerk with a written transt'er o f title md such Town Clerk shall thereupon register rids Note in the name of the trausti:ree in his books end shall endorse a ce'aificat* ofj,v~gistratinn hereon. SIII~ ~ram ~ be.i~lllkend siglllil~gi~in'ed holder, or his legal rmese.~tives, end ~,!~d~Y ac~-~lledged ~l~oved o~. the ~the ~ll!lffi~to~be ce~i~ed as to i~ ms Not~ ~ une ot.t~.tho~e, ~l~e, ~l~cl~ ~mount~w~ is ~,990,0q~the Notes ot'which ~e of like tenor excel~ ~ to numbS, denct~[Jln~n andltil~ [t.~l~N~te m_ay be c~d [or red_emCon, after lhe giving of at le~t five (~) d~' written notice ]~thi~ate o~l~d~i i~by~alling of writte~fll~the ~ginal puSh.er, or if this Note be rngis~] ed to the regis,e~d h~[er, a~ that ~11.~. ~o be paid ~ s uc~late of re~emD.on. ~': ~ ' . Laws ot.tha State ~ ew Yor-l~he l~t~d~iun ~[,.opted?~' the lo*~n Board ~[~No~raber 25, 199~nd amended March 13, ~0 ~, authoming q ~c~ Sl~O0,OOO~l~.ds r~r the in=~C* andl~°'l~en~ °t' t'aV~itl~ of the Senthold Sohd ~, aste Menagement~ ' c~l~l~aic~wn, and~ d~tificate ~f~etemfilati~,o~cute~l~l~a'v~ber, 4, 2002. This Note as~'~en designated by the Iow as a qualified tax-exempt obligation pursuant to the provisions or' Section 265 ofthn Internal Revenue Code ot' 1986, as mended. The t'inth and credit of such Iown of Southold are hereby irrevocably pledged for the punctual payment ot' the principal of and interest on t.his Note according to its terms. It is hereby certified and recited that all conditions, ac~s end things reqim-ed by the Con~tution end statutes ot' the State of New York to exist, to have happened and to have been performed precedent to end in the issuance of tiffs Note, exist, have happened end have been performed, end that this Note, together with all other indebtedness of such Town ot' Southotd, is within ever/debt and other limit prescribed by the Constitution and lav, sot' such State. LN WITNESS WI-IEREOF, the Town of Southold has caused tins Note to be signed by its supervisor, and /ts com. orate seal (or a t'acsLmile thereot) to be affixed, imprinted, impressed or otherwise reproduced hereon end attested by its Deputy Town Clerk end this Note to be dated as of the 4th day of October, 2002. (SEALI ATTEST: ~' Town Clerk TOWN OF SOUTHOLD Supervisor AFFIDAVIT AS TO NO CONFLICT OF INTEREST STATE OF NEW YORK ) :SS: COUNTY OF SUFFOLK ) Elizabeth A. Neville, being duly sworn upon her oath deposes and says: 1. I am the duly appointed, qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, New York (herein and in Schedule A annexed hereto called "Town"); 2. That with respect to the contract of sale of the Note of the Town described in the Certificate of Determination executed by the Supervisor on the 26th day of April, 2002, to the financial institution indicated in such Certificate, I have made a careful inquiry of each officer and employee of the Town having the power or duty [o (a) negotiate, prepare, authorize or approve the contract or authorize or approve payment thereunder, (b) audit bills or claims under the contract, or (c) appoint an officer or employee who has any of the powers or duties set forth above, as to whether or not such officer or employee has an interest (as defined pursuant to Article 18 of the General Municipal Law) in such contract; 3. That upon information and belief, as a result of such inquiry, no such officer or employee has any such interest in said contract unless otherwise noted in Schedule A annexed hereto and by this reference made a part hereof. Subscribed and sworn to before me this 26t~ day of April, 2002. ~otar~ Public, State of New York Town Clerk~- LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk Count_y..~ Term Expires March 8, 20 ~ 393037.1 023466 C]~RT SCHEDULE A t. , is a stockholder of the Purchaser owning or controlling, directly or indirectly, less than five per centum (5%) of the outstanding stock thereof but no disclosure of such interest by said officer is required pursuant to said Law. 2. , has an interest in the Purchaser solely by reason of employment as an officer or employee thereof, but the remuneration of such employment will not be directly affected as a result of said contract and the duties of such employment do not directly involve the procurement, preparation or performance of any such part of such contract. 3. , has publicly disclosed the nature and extent of such interest in writing to the governing board, of the Town. Such written disclosure has been made a part of and set forth in the official record of proceedings of the Town. 393037.1 023466 CERT CERTIFICATES AS TO SIGNATURES, LITIGATION, A/~D DELIVERY AND PAYMENT WE, the undersigned officers of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York and herein referred to as the "Town", HEREBY CERTIFY that on or before April 26, 2002, we officially signed and properly executed by manual signatures the $2,500,000 BondAnticipation Note for Increase and Improvement of Facilities of the Southold Solid Waste Management District-2002 (the "Note") of the Town, payable to Hare & Co., as registered owner, otherwise described in Schedule A annexed hereto and by this reference made a part hereof, and that at the time of such signing and execution and on the date hereof we were and are the duly chosen, qualified and acting officers of the Town authorized to execute said Note and holding the respective offices indicated by the titles set opposite our signatures hereto for terms expiring on the respective dates set opposite such titles. WE FURTHER CERTIFY that no litigation of any nature is now pending or threatened restraining or enjoining the issuance-or delivery of said Note or the levy or collection of any taxes to pay the interest on or principal of said Note, or in any manner questioning the authority or proceedings for the issuance of said Note or for the levy or collection of said taxes, or relating to said Note or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Town nor the title of any of the present officers thereof to their respective offices is being contested, and that no authority or proceedings for the issuance of said Note has or have been repealed, revoked or rescinded. WE FURTHER CERTIFY that the seal which is impressed upon this certificate has been affixed, impressed, imprinted or otherwise reproduced upon said Note and is the legally adopted, proper and only official corporate seal of the Town. And, I, JOSHUA Y. HORTON, Supervisor, HEREBY FURTHER CERTIFY that on April 26, 2002, I delivered or caused the delivery of said Note to Fleet Bank, Melville, New York, the purchaser thereof, and that at the time of such delivery of said Note, I received from said purchaser the amount hereinbelow stated, in full payment for said Note, computed as follows: Price ............................... $2,500,000 Interest on said Note accrued to the date of such delivery ............. -0- ;Lmount Received ..................... $2,500,000 393037.1 023466 CERT IN WITNESS WHEREOF, we have hereunto set our hands and said corporate seal has hereunto been affixed this 26~h day of April, 2002. Signature Title Term of Office Expires Supervisor December 31, 2003 Town Clerk December 31, 2005 (SEAL) I HEREBY CERTIFY that the signatures of the officers of the above-named Town, which appear above, are true and genuine and that I know said officers and know them to hold the respective offices set opposite their signatures. (Signature) (Title) · of (Name of Bank) 393037.1 023466 CERI ATTORNEY'S CERTIFICATE I, Gregory F. Yakaboski, HEREBY CERTIFY that I am a licensed attorney at law of the State of New York having offices at 53095 Main Road, Southold, New York, and am the duly chosen, qualified and acting Town Attorney of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York and herein referred to as the "Town", that no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of the Note of the Town, payable to bearer and otherwise described as set forth in Schedule A annexed hereto and by this reference made a part hereof or the levy or collection of any taxes to pay the interest on or principal of said Note, or in any manner questioning the authority or proceedings for the issuance of said Note or for the levy or collection of said taxes, or relating to said Note or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Town nor the title of any of the present officers thereof to their respective offices is being contested, and that no authority or proceedings for the issuance of said Note has or have been repealed, revoked or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand this 26TM day of April, 2002. 393037.1 023466 CERI' SCHEDULE A Amount and Title: Dated: Matures: Number and Denomination: InEerest Rate per annum: $2,500,000 Bond Anticipation Note for Increase and Improvement of Facilities of the Southold Solid Waste Management District-2002 April 26, 2002 April 25, 2003 Number R-i, at $2,500,000 2.08% 393037.1 023466 CER¥ amended on the 13th day of Mareh..~ 2001, and the validity of the obligationS[ authorized by such ~esolulion may ~ hereafter dontested only ff such obhga~.~ - tions were authorized for an objffZt oR purpose for which the ToWN O~ SOUTHOLD, in the County of Suffo[k~ New York, is not authorized to expcoc[~ mo~y or if the provisions of law which should have b~en complied With as ~' th~ date of publication in this No~ were not substantially complied w}lh~ testing such validity is commenced within twenty days athir the publicatlaa authorized in violation of the provisions of the Constitution. ELIZABETH A. NEVILLE Town Clerk~ I~0t,~D I~SoLtrflON OF ~ ~OV~ OV SOUmOLO, n~W]{ 1997 AND 'AME3{DED MARCH 13i~ 2001, APPROPRIATING THE AMOUNT OF $7,800,000 FOR THE '~ INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT I~IS- ORIZiNG THE ISSUANCE OF $7,800,000 SERIAL BONDS OF SAID TQWN TO FINANCE THE BAL- ANCE OF SAID APPROPRIATION. Object or purpose: Increase and hal- provement 6f facilities of the 61 Southold Solid Waste '.! Management District, described~ as the eapping~nd closure of the~ Southold Landfill, in CUtchogue,~ in the District, consisting of the installation of a geo-membrane cap topped with dirt and sand aa4 ty (20) years Amount of obligations to be i~ue, d: ~O $7,800,000 ~ available for public imp~tion during ,~ the Town Cl~rk, Town Hall 53095, TOWN BOARD OF THE STATE OF NEW YORK) )ss: C._~,F S~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLKTIMES, a weeldy newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for { weeks successively, commencing on the ~-7-- day of .[.~ (~/7._J,~ 20 0__~__. Notary Pubic, State of New Yod( / No. O1WE6034554 ~ ~ "'' - C~flua~ssion Exiles December 13, ~ Sworn to before me this. ~-- day of .),~_kr-c~ 20_OL~ "~~~, STATE OF NEVV YORK) · ' )ss: '~l~l~l~a~ COUNTY OF (~ ~[[!~~;1 ~,~ of Mattituck, in said ~ ,a~'~~~_ '.o~.~i~ county, being duly sworn, says that he/she is Principal ..~o~d to ex.ed m,,r,..~ ,,, ,r ~. clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- been complied with as of the date of Object or purpose: Increase and improvement of facilities of thc Southold Solid Waste Management District, described as the acquisition o[ the Certain ~od~ parcel of land (SCTM · ~6-1-2. reputed o~vfi~r, [1'. McBride) containing ~ acres, plus or ~'~iug, C~ffmoediately adjacent on' :~t s~de of Ihe Southold ~ m Cutchogue [or e~[r¢loea mg he Db'mc waste compost [n~ cap- closme of the Southold and obuuning additiona] fi~ture Dmlnct aetA'i3ies. lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of w~. ich the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for ~ weeks successively, commencing on the '7_.7._ _day CHRISTINA T. WEBER Nola~/Public, $~ate of N~W Yo~k No. 01WE6034554 . . - Comrr,=.:si0n Expires December 13, ~ Sworn to before me this day of .~.t('LIT~ 20et be Lssucd: copy of the Main Road. So~th~ld, New York 11~1. . ~' .~ -. Dated: ~ Ma~ ~2~1 · ' ~E~ o~ ~ OF A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 13~h day of March, 2001. PRESENT: Hon. Jean W. Cochran, Supervisor Louisa P. Evans, Justice William D. Moore, Councilperson John M. Romanelli, Councilperson Brian G. Murphy, Councilperson Craig A. Richter, Councilperson In the Matter of the Increase and improvement of facilities for the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law. RESOLUTION kND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has heretofore determined to increase and improve the facilities of the District, described as the 364162.1 019064 RES capping and closure of the Southold Landfill, in Cutchogue, in the District, consisting of the installation of a geo-membrane cap topped with dirt and sand and finished %:irk aspka!t s'arface on the ~ ........... ~ ..... +~ ...... + side ~ ~ Landfill and the grading of the 29 acres, more or less, on the east side to maximize run off and the installation of a geo-membrane cap covered with vegetative supportive mulch and soil (herein called the "Project"), at the estimated maximum cost of $5,800,000, costs and costs incidental pursuant to the Resolution including preliminary thereto and the financing thereof, and Order After Public Hearing duly adopted on November 25, and held on said date, Settlement entered into Department of Environmental Conservation, and 1997, after a public hearing duly called all in compliance with the Stipulation of by the Town and the New York State dated October 5, 1994; WHEREAS, was determined upon the receipt of sealed bids for the Project, that due to increased costs of labor and materials, the estimated maximum cost thereof has increased by the amount of $2,000,000 to the amount of $7,800,000, and it is now necessary and desirable and in the public interest and the best interest of Ehe Town to increase the total appropriation for such increase and improvement of facilities by said amount of $2,000,000, and such estimated maximum cost from $5,800,000 to $7,800,000; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law, as related to the impact that the increase and improvement of facilities of the District may have upon environmental at the estimated cost specified herein the environment and that no substantial adverse impact will be caused thereby; in connection therewith, a duly executed Short Environmental Assessment Form on the basis of such has been filed in the office of the Town Cl~rk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and designated as the Project, at the increased estimated maximum cost of $7,800,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and, further, that the Engineer heretofore retained by the Town Board shall prepare specifications and make careful estimates of the expense of said increase of the facilities and, with the assistance of the prepare a proposed contract or contracts for the the Project, which specifications, estimate and improvement Town Attorney, installation of and proposed 364162.1 019064 RES contract(s) shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of such increase and improvement of facilities shall be financed by the issuance of not to exceed of $7,800,000 serial bonds of the Town, and the costs thereof, including payment of principal of and interest on said bonds, shall be assessed, levied and collected from the several lots and parcels of land within said District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: March 13, 2001 TOWN BOARD OF THE TOWN OF SOUTHOLD ean W. Cochran Supervisor Justice 364162.! 019064 RES D. Moore erson (SEAL) Richter lncilperson Members of the Town Board of the Town of Southold, New York 364162.1 019064 RES STATE OF NEW YORK COUNTY OF SUFFOLK I, ELIZABETH A. NEV1LLE, Town Clerk of the Town of Southold, in the Cotmty of Suffolk, New York, DO HEREBY CERTIFY that I have compared the preceding Resolution and Order After Public Hearing with the original thereof filed in my office on the 13th day of March, 2001 and the same is a tree and correct copy of said original and of the whole thereof. IN WITNESS WlIEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 13th day of March, 2001. (seal) Town Clerk Swom to before me this I~'~ Day of ~{~.~, 2001 LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County Term Expires March 8, 20 .~ EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York March 13, 2001 A regular meeting of the Town Southold, in the County of Suffolk, New York, Hall, 53095 Main Road, Southold, New York, in 13, 2001, at 7:00 pmo'clock P.M. (Prevailing Time) There were present: Hon. Jean W. Cochran, Board was Councilpersons: of the Town of held at the Town said Town, on March and Justice Louisa P. Evans Wiliam D. Moore Brian G. Murphy John M. Romanelli Craig A. Richter There were absent: None Supervisor; Also present: Elizabeth A. Neville, Town Clerk Gregory Yakaboski, John Cushman, At 7:30 o'clock P.M. (Prevailing Time), the Town Clerk stated that a public hearing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, in the Town of Southold, to consider the increase and improvement of the Town Attorney Town Comptroller 364162.1 019064 RES facilities of the Southold Solid Waste Management District, in the Town of Southold, described as the capping and closure of the Southold Landfill, in Cutchoque, consisting of the installation of a geo-membrane cap topped with dirt and sand and finishcd ~.;ith · as~ha!t .... ~ ..... ~ ~i ........... ~^-- tka Landfill and the grading of the 29 acres more or less, on the east side to maximize run off and the installation of a geo- membrane cap covered with vegetative supportive mulch and soil, at the increased estimated maximum cost of $7,800,000, all in compliance with Stipulation of Settlement entered into by the Town and the New York State Department of Environmental Conservation, dated October 5, 1994, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk read, in full, the Notice Calling Public Hearing ~1 and presented affidavits showing that certified copies of said Notice have been duly published and posted pursuant to the provisions of Article 12 of the Town Law and, in compliance with the recent decision of the Court of Appeals of the State of New York in the matter of Garden Homes Woodlands Company v. Town of Dover, 95 N.Y.2d 516, have been duly mailed by pre-paid first class mail to each owner of real property subject to assessment for Ehe said increase and improvement of facilities in said District. The Supervisor stated that the hearing in the said maEter was now open and asked if there were any interested persons presenE 36416~.1 019064 RES who desired to be heard. The following persons appeared in favor of the increase and improvement of facilities of the Southold Solid Waste Management District at such increased estimated maximum cost: See attached minutes The following persons appeared in opposition to said increase and improvement of facilities of the Southold Solid waste Management District at such increased estimated maximum cost: See Attached minutes The Town Clerk reported that the following pertinent communications had been received: No,e meeting. other The Town Clerk then read such communications to the The Supervisor inquired as to whether there persons present who wished to be heard. No one whereupon were any appeared, the Supervisor declared the public hearing closed. 364162.1 019064 RF~ PUBLIC HEARING MARCH 13, 2001 7:30 P.M. ON THE 202B BOND FOR LANDFILL CLOSURE Present: Super~'isor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Tom Maher, Dvirkia & Bartilucci Consulting Engineers Frank A. Isler, Special Counsel C. Voorhis,Nelson, Pope & Voohris,LLC,Consulting Engineer Tony Conetta, Dvirka & Bartilucci, Engineers SUPERVISOR COCHRAN: Craig, will do the reading of the public notice. What we are going to be doing is at the beginning of every public heating the Public Notice that has been advertised, not only on the Town Clerk's Bulletin Board, but also in the local newspaper, and then of course we take the input fi.om the people attending either pro or con in relation to the action we are taken. The first heating is on the 202 bond for landfill closure. Gentlemen, I would like you to join us up here, Tom Maher. Tom Maher is from D&B Engineering firm. He is working with us, and Tony Connetta is also with that firm. Jim Bunchuck is department head of the landfill. Frank Isler is joining us. He is our special attorney. This is the biggest project the town has ever done, so we would like to think we have the best people as possible helping us, and I also...Did Chick Voorhis come in? He did call earlier, and said he would be here, but he is running a little late. He hopes to be here by 7:30, but he is the Environmental Consultant. Al~er the reading of the Public Notice these gentlemen will be doing a presentation, which may alleviate some of your questions that you have in your mind. If not, we will open up, and ask questions. Each heating is treated as an individual item. You will have a hearing, we will pass the resolutions necessary, and hopefully all your questions that you may have in relation to the closing of the landfill will be answered, and Councilman Richter will read the public notice. COUNCILMAN RICHTER: "Public notice is hereby given that the Town Board of the Town of Southold and the County of Suffolk, State of New York will meet at the Town Hall, 53095 Main Road, Southold, New York, at 7:30 P.M. prevailing time on March 13, 2001 for the purpose of conducting a public heating to consider the increase and improvements of the facilities of the Southold Waste Management District consisting of the capping and closure of the Southold Landfill in Cutchogue in Landfill bond 2 the Town at the increased estimated maximum cost of $7,800,000. At said public hearing the Town Board will hear all persons interested in said subject matter thereofi Elizabeth A. Neville, Southold Town Clerk". I have an affidavit that it was posted on the Town Clerk's Bulletin Board. It was in the local papers, and there is no correspondence. SUPERVISOR COCHRAN: You have heard the reading of the public hearing notice. At this time Tom and Jim, will you begin, and do a presentation? FRANK CARLIN: Madam Supervisor, before we start this meeting, is this only going to be a question and answer? Can people come up here and address the Board? SUPERVISOR COCHRAN: You can address the Board, Frank. FRANK CARLIN: I want more than question and answer. JIM BUNCHUCK:I never thought so many people would show up to hear me speak. My name is Jim Bunchuck. I am the Solid Waste Coordinator for the Town, which is a fancy title for running the Landfill, which I have been doing for the last ten or eleven years. The bond resolution or this hearing concerning the bond resolution, as the Supervisor explained, to borrow the money to cover the cost of capping the Landfill, and the words capping and closing get intermixed a lot. A lot of people think that closing means we are going to close the gates up there, and people won't be able to come in anymore. That is not the case. It is really a regulatory term that the DEC uses. Closing simply means we are not going to be burying waste anymore, and in fact the majority of our waste has shipped out of the landfill facility, out the collection building since 1993, so the actual impact as far as closing on people is really minimal, in fact we are still going to be taking everything we take up there. What closing really means is by law we have to cap the landfill, because this landfill doesn't have a liner underneath at the bottom to keep rainwater from going through the garbage, and then into the groundwater, and polluting the groundwater. Regulations say that these types of landfills have to be capped with a cover that will provide the same purpose. It is an engineering project. It is expensive. It involves several layers of earth and dirt, as well as an impenetrable barrier sandwiched in between over thirty-five acres thereabouts of more or less of landfill area, that will prevent the rain from going in, and coming out as leaching. The project has been studied by the Town and by our Engineering Consultants since the early nineties as far as how best to proceed. Studies have been done of the groundwater, and whatnot. We now have an approved plan, approved by the DEC for covering the landfill, or putting the cap on, and that is what the money is to be used for. Several years ago the Town already adopted a resolution for around 5.8 million dollars for this purpose, but that was before obviously the costs of actual construction. We had known it was a broad based estimate at that time, which you knew at that time it could be more or less depending on what happened down the road. The final cost has come in to be estimated at roughly 7.8, and actually it will probably be somewhat less than that because that includes contingencies in case when the contractor gets in the field and find that there things there that they didn't expect or certain problems, or things they weren't anticipating, then you have to build in contingencies into projects like this. It is a certain percentage typically. So, the total is now roughly 7.8, and so really the heating, and the resolution would be to increase the bond from 5.8 to 7.8. Of that 7.8 figure $2,000,000 is going to be returned to the town in a DEC grant, a Landfill Closure Grant. Every town going through this process is eligible for $2,000,000, fifty percent of the cost of the project or $2,000,000, which ever is less, and in this case we max out at the $2,000,000. Simply put that is Landfill bond 3 really it as far as the capping project itself goes. We hope to begin work this year, probably by June 1sI at the latest I guess by June 1st, and it should be completed by next January at the latest, and at the end of this project the Landfill will look like a sea of green. There will be some grass on it. There ~vill be toward the area facing the road, facing the highxvay, there will be shrubs. There will be a thicker topsoil layer there to grow some stuff that will look nice from the highway from people coming in. As far as other operations go whatever happens on the landfill now has to be relocated, and it is not exactly the topic of this hearing, but the things that people do when they come into the dump, you will still be able to do it, just be up probably closer to the building. We are going to reorganize and rearrange some things up there, which will allow for all the services to continue as they are now. The exception being involving yard waste, which is really now the topic of the public hearing in a little while, but that is essentially the description of the project, and I guess if you have any questions of me as the operator, or engineers about the capping, I guess we can go into that. FRANK ISLER: You need just one more fact. Mr. Bunchuck spelled it out perfectly. One thing more that the Town should be aware of is that the process and the capping is mandated by a Court order in a State Laws, that this not something that was optional on the part of the Town to do. They were mandated to do it, and the program that has been designed by the engineers, and Mr. Bunchuck has been done pursuit to a court order supervised by the State, and approved by the State. The monies that are being authorized here are to comply with State law, and court orders. JIM BUNCHUCK: I would be happy to give this microphone to anyone else at this point. SUPERVISOR COCHRAN: Is there anyone that would like to address the Town Board in relation to the bonding? ALICE HUSSIE: Alice Hussie, Soutbold. I have some comments and questions. Hello, Tom. Well, I am not happy. As most people know we had a Solid Waste Task Force for a number of years, and since 1990, and then it was disbanded. I think that was one of the bad things that ever happened to this town, because with all due respect, Mr. Maher, I think that things have gotten out of control since the Solid Waste Task Force has been disbanded. The other side of it is, I do not understand how when we started out eight years ago with 2.6, and then when left the Board it was somewhere between we were talking about 4.9 and 5.6. How it ever got up to 7.8. Now, it has only been a year and a half that I have been out of office, so you can't tell me that prices have gone up 40% in a year and a half, and then I asked before as you know about the bid, and that was from Terry Construction for roughly 5.3 million, and we are doing a bond for 7.8 million, which leaves a 2.5 million fudge factor in there. COUNCILMAN MOORE: Just to be correct, Alice, what you are doing is you are authorizing the bonding up to that amount. You do not have to reach that level, but you can't exceed it, and that is why the fudge factor is in there, but everyone of these fellows came in, and had to give us, well, just so you know we are only bonding what we have to, to do the job, and the bid was 5.2, as you said. ALICE HUSSIE: I know that. I know that they are doing their job, and this is the maximum amount, but I also know that when you have got 7.8 million dollars sitting in the pot it is very easy to spend it. It talks about the facility is going to increased, what does that mean? Your little piece of paper here on the letter that I got, it said, 7.8 million for the closure, and the increase in facility. Landfill bond 4 SUPERVISOR COCHRAN: Is Ruthanne still here? Ruthalme, I think we are going to need more copies of this. It is a breakdown of the two bond issues, and how it is going to spent. ALICE HUSSIE: What is going to be increased? Nobody? SUPERVISOR COCHRAN: I don't know what you mean by increase. ALICE HUSSIE: It says in the notice of public hearing, it says, etc., etc., for the purpose of conducting a public hearing to consider the increase and improvements of facilities. What does that mean, increase and improvement? SUPERVISOR COCHRAN: Tom, would you like to answer that? TOM MAILER: I will attempt to. The whole idea is to improve the landfill as it stands now. Right now it is an uncapped landfill. It doesn't meet regulatory requirements. By capping the landfill it will be in compliance with regulatory requirements, and also astatically it will look a lot mom pleasing than it looks now, so the intent was to improve the facility. ALICE HUSSIE: But, you know as well as I do that four years ago we were going to do the same thing. We were talking about where the little gooseneck and the things were coming out. It was going to grass, and all that sort of stuff, and it was not 7.8 million that we were talking about at the time. So, then the other question that I had is, how is it possible that a few years ago doing whatever we were supposed to be doing by law, and because of the court order you came up with a number of 4.8, 4.9, and now we have 7.8. TOM MAHER: Originally, Alice, if you remember, the landfill was estimated to be about 26 acres of buried waste, and at that time $200,000 was the rule of thumb. It came up to about 5.2 million dollars, just a very rough preliminary estimate. When tests were done to find the actual limits of waste, the landfill grew fi.om, I think, 26 acres to I think right now it is about 35, 36 acres in size. That increases it to close to $7,000,000. Our construction estimate after we did the design was 6.8 million dollars. The actual construction costs came in less, which was a benefit to the town, so during the course of, you know, engineering design, the landfill turned out to be larger than originally anticipated that it increased the cost of it. In addition, the 5.2 million dollars did not include contingencies, the 7.8 includes contingencies. I think the contingencies are probably on the order of close to a million dollars. ALICE HUSSIE: Didn't you know when you were consulting with us back then that there were supposed to be contingencies? TOM MAHER: We were looking at construction costs, not a bonding cost. This is a little bit different. ALICE HUSSIE: That was very misleading, very misleading. TOM MAHER: It was a construction cost estimate, and that was exactly what was provided. What is happening tonight is we gave been asked for the purpose of bonding to provide contingency, and that is our estimate. I think that is a benefit to the town, because if you need money later on, you don't want Landfill bond 5 to have to go back and rebond this again. I think the prudent thing to do is build in contingencies, and that where the 7.8 million dollars comes in. ALICE HUSSIE: Okay, let me go back to my other little question, which was a math question. You are telling me contingencies. That is a contingency. You are accounting for 50% roughly for contingencies, or 30% for contingencies. My math right now is not good, but that seems like an awful lot for contingencies, or does anyone on the Board have anything to say about that? COUNCILMAN RICHTER: The contingencies that Tom just spoke about was $1,000,000. ALICE HUSSIE: It leaves me with 1.5 million I am waiting to be accounted for. We have 5.3 for the actual capping, one million dollars worth of contingencies. A bond for 7.8 million leaves 1.5 million. COUNCILMAN ROMANELLI: Alice, you know we can give you whole breakdown. COUNCILMAN RICHTER: Ruthanne is getting the breakdown. SUPERVISOR COCHRAN: John Cushman is our comptroller, and does the bonding for the town. ALICE HUSSIE: Hello, John, convince me. JOHN CUSHMAN: This has been in the works for a number of years. We have spent to date $144,000,000. ALICE HUSSIE: Right. JOHN CUSHMAN: That is included in the 7.8 million. ALICE HUSSIE: Those were engineering fees. JOHN CUSHMAN: Engineering fees, purchase of cover, sand, dirt. ALICE HUSSIE: Right. Okay. JOHN CUSHMAN: We have already spent 1.4 million of the 7.8. ALICE HUSSIE: All right, then I have a question of where did we get it to spend it? JOHN CUSHMAN: We had authorized 5.8, and we have borrowed we have drawn down from the New York State Environmental Facilities Corporation, that 1.4 million dollars under that 548 authorization. We are looking to increase that 5.8. ALICE HUSSIE: Can I talk now? Are you going to have another heating soon about the property next door? SUPERVISOR COCHRAN: Yes. Landfill bond 6 ALICE HUSSIE: Because in some ways it kind of goes together. I am curious about that, too, because that also uses a phase, increase. It uses the word increase there, and I am curious about what increase in facility there is going to be on that property west of the landfill? FRANK ISLER: I didn't draft that notice. That was drafted by bond counsel from New York, and I believe it is my understanding that those terms, improvement, increases, are terms of the statute that governs a special district. This is a special district, and for the Solid Waste Management District of this town to go and spend money, and borrow money, it must go through this 202 kind of hearing where the public is heard, and then the Board will decide to authorize or not authorize the expenditure, which will then be bonded, so what you are looking at, and I think when we get to the public hearing on the property next door, which is totally unrelated to this particular, and it will be properly dealt with then. ALICE HUSSIE: In my mind, though, it is related. FRANK ISLER: It may be in your mind, but it isn't substantially, but the wording of that notice also, as I understand it, has some concern. They were following their standard bond issue regulations, bond notices, and those words were from the statute, and anything that you do as a district to spend money is deemed an increase and an improvement, and that is what those words are. ALICE HUSSIE: Then I should ignore the words increase because Mr. Maher you said, that essentially you said is, the landfill is going to be capped, and the recycling area is going to be redesigned again. FRANK ISLER: That is being thought about. I don't think there is any plan to do that. ALICE HUSSIE: If there is a commitment to do that, will that be another bond? TOM MAHER: Probably. SUPERVISOR COCHRAN: Alice, I think when you were still on the Board one was presented to us, but it was more than we felt we wanted to spend, so it was cancelled. We have looked at it again, but no decisions have been made. ALICE HUSSIE: Which means if we carry this forward then it is going to be more than 2.6 that it was at the time, and it is going to come out to be 3.8, or something. Well, I will be back. Thank you. SUPERVISOR COCHRAN: Anyone else like to address the Town Board? Mr. Murphy?. FRANK MURPHY: Thank you, Jean. Frank Murphy from Mattituck. Members of the Board, I think twelve years ago, I guess it was, Jean, we were going through the same thing. I think we were twelve years ahead of our time. I think the time has come where there are alternative methods of cleaning up the landfill. I strongly disagree with taking a very (tape change.) I do believe that this town for this amount of money what we are talking about that you could probably mine the landfill, compost the organic faction that is still there, and bury, use it within our programs. I remember at a public heating twelve years ago a prominent landscaper and nursery claimed that he will never use this material on his property, and now Jim can attest that he can't buy enough of it. So, the attitude of people has changed, Landfill bond and quite frankly I don't trust the DEC. I am afl:aid where by law they are mandating that we are doing this, but I am afl:aid that sometime in the future the children of the people here, and their children, are going to have to pay, and the DEC will not assume any responsibility. We are going to have to clean up water, clean up damages. We know this liner has limited time. I have heard where they faulted in less than five years, and we know it is going to break down, and what is going to happen then? I could almost accept this method if the DEC would come in and guarantee to the people of Southold that they are responsible for the problem, and not the people. Our children are not responsible for their mandate. I strongly hope that the Board will not pass this resolution tonight, but have several public hearings on this, and then have a vote, and let the DEC know what our feelings are. I think it is disgraceful that they are forcing this down throat. They have done this since early '80, and it doesn't stop, and we have complied with all of their requests, and still they are demanding more. I think there is a better way to solve it for less money, and that the problem would be finished, and the kids wouldn't have to wony. Thank you. SUPERVISOR COCHRAN: Frank, as you know in the past when you and I served together that I did support in some concepts in relation to closing of the landfill. Yes, I think you were before your time, because much of what you supported has been proved now. When I came on the Board I requested was a cost in relation to reclaiming the garbage, and if I recall, Tom, it was much more expensive than going in this direction, so we did.. TOM MAHER: Just as a matter of information, the Town of Easthampton recently tried to pursue that option of landfill reclamation, and when they went out to bid it came in about four to five times higher than landfill capping. The reason for that is because we can't recycle everything that you dig up from the landfill. A lot of it is unusable, and then it has to be transported and disposed of elsewhere, and that is where the real cost comes in. So, even though other towns went with this to a point where actually put together a bid document, went out to bid, it really became cost prohibitive to do. I am not saying it is a bad idea, but it is very costly, unless there is additional grant money to fund such a thing. It really becomes a financial burden to the municipality. SUZANNE YANIOS: Have you actually bought the land along Depot Lane for the expansion of the facility? My name is Suzanne Yanios. With the two million? SUPERVISOR COCHRAN: That will be another hearing. SUZANNE YANIOS: Why have you been organizing the roads there, building the roads? SUPERVISOR COCHRAN: No, no, that is not the property. SUZANNE YANIOS: That is not the property? SUPERVISOR COCHRAN: It belongs to someone else, and they put roads in. It is an industrial zone. SUZANNE YANIOS: Because I was told it was that it was for the expansion of the dump there. SUPERVISOR COCHRAN: No, no. , Landfill bond 8 SUZANNE YANIOS: Along the roadside, which is going to kill our neighborhood, and the children that live up the block. SUPERVISOR COCHRAN: We have a map, Jim? Do you want to show on the map? That belongs to a gentleman in Mattituck, and he is the one that is subdividing it. SUZANNE YANIOS: Where can I fred out? JIM BUNCHUCK: The property you are referring to is over here on the comer. This is County Road 48, and this is Depot Lane here. This is the piece you are talking about. That is not where we are hoping to purchase property. SUZANNE YANIOS: Where is the place? JIM BUNCHUCK: This brown strip of land right here, which is immediately adjacent to the landfill, and between the landfill and this comer piece. This is an old photo by the way. It is a couple of years old. SUZANNE YANIOS: I just want to let you know that we had a lot of trouble out there with polluted water, poisonous water. We had the Health Department. On Depot Lane, on the end of Depot Lane, Vista and Glen Court, and our wells have been poisoned, first from the potatoes, then 15om the dump over there, and we constantly have filters exchange, you know, and we buy them. The Health Department makes us pay for the testing of the water, and the filters, so we have had a lot of trouble there, and I don't know if you noticed, there is a new development out there with families, with children, and I don't know what is going on with their wells. So, I think you should look into that. We have had a lot of trouble out there, and now you are expanding to Depot Lane, or wherever you are, and it is not going to correct the problem I don't think. JIM BUNCHUCK: One thing to just keep in mind, the capping project for whatever contamination could come out of the landfill is obviously intended to stop that. Also, just for informational purposes the studies that were done as part of the planning process for this project showed that the plume of groundwater under the landfill, or the flow of groundwater under the landfill was essentially a northeasterly direction, and apparently doesn't go beyond the border east or west very far, as far the flow, and it is very slow. I think the grotmdwater level at the southern end of the property is only one foot higher than the north end, which means it is really moving slowly, and lot of the contaminants that would be in that water sort of screened out as it moves, and I think that is why our detection wells that were dug showed, I think there was only one well that showed contaminants that were likely to be fi.om the landfill. SUZANNE YANIOS: Well, wherever it comes from I have been a victim. From drinking that water I contacted colon cancer. JIM BUNCHUCK: For orientation I guess this is the property that we are talking about. This is the building, the collection building where people come in and dump their garbage, most residents do. Back here, now this is all different now, because this is almost two years ago this photo. All of this has been cleared off. This is woodchips that we make fi.om the grinding operation that we do. They are all gone now. There are recharge basins that have dug for carrying runoff off the top of the landfill when it · Landfill bond 9 is capped. Right here is the old burrow pit, which for many years the town mined sand out of there to cover the garbage when we were burying it. Now that is being used for leaves, storage of leaves, and some other compost material, which we are going to use to manufacture topsoil for the topsoil layer. On the top of the cap you have to have a topsoil layer to support the growth of grass, and we are actually saving a lot of money by using our own compost, and mixing it with sand, which the DEC is going to continue to allow us to get fi.om wherever we are not too close to the property line, and the contractor will mix those two things, and produce the topsoil layer for the cap. Although, we expect to have enough mulch for to keep available the 500 pounds per person program, that we gave away to everybody every year. That is essentially it. FRANK BUONAIUTO: I am Frank Buonaiuto. I am from the town. I am not against having this done. I know it has to get finished. What are we building here, a stadium or something? It is only a hole, isn't it? TOM MAHER: As far as the landfill is concerned it is not a hole any longer. What it was at one time probably sand and gravel mining operation, and now it has been filled with garbage. FRANK BUONAIUTO: That is now what I meant. There are no buildings going to be put up, are they? SUPERVISOR COCHRAN: No. TOM MAHER: That is correct. FRANK BUONAIUTO: My question is why should it cost $8,000,000 digging a hole? TOM MAHER: It is not digging a hole, but it is covering the landfill. FRANK BUONAIUTO: I understand. That is good. There are a few things I don't really understand, but I am not that intelligent. Engineering is $950,000, who gets all that money? TOM MAHER: The engineering that is part of that cost was to do the groundwater investigation, which is required by DEC. If I could just finish. It includes preparation of a closure plan, which DEC requires. It includes preparation of the design drawings and specifications, for which to hire a contractor. It includes construction oversight for a period of one year, full-time construction oversight to make sure that the contractor does the construction properly. It includes testing of the materials that the contractor brings on site to make sure it is in compliance with the specifications. It includes certification reports. All of these things are required by DEC. FRANK BUONAIUTO: I understand that, too. That is a lot of other people. Somebody is getting the $950,000. lawyers, or what? TOM MAHER: No that says for engineering fees. It includes engineering fees, plus. FRANK BUONAIUTO: That is a million dollars. Landfill bond 10 FRANK ISLER: I think that in light of that question, and some of the other questions in terms of the finances, I think for those of you who have been following this issue for the last, actually about fifteen years the town has been grappling with this, the Town of Southold sued the State of New York to stop the law from taking effect that we are now dealing with today, and one of the grounds, and the primary grounds for that attack, was that the cost to comply with, and Tom Maher just touched on the surface, of the multitude of regulations and engineering requirements to close the landfill in terms of capping it were so astronomical for a small town in rural Eastern Suffolk County that it made no sense. For four or five years the Town of Southold was successful in holding off what became inevitable date, that we are now in 2001 dealing with, instead of 1990's and because of the Town's efforts over those years in the late 80's and early 90's, this is the day of recognizing, that the Town was able to save millions of dollars in not closing it's landfill for several years, and the reason we fought it was for exactly why you are speaking, and many of you are here today, the cost are phenomenal. Whether it is this engineer that is drawing the plans or that lawyer working on it. In fact, about ten years ago we were thinking this was going to be about $20,000,000 project. The economy of it has become more reasonable, so we are now at the $6,000,000 level, but it is an enormous expense. FRANK BUONA1UTO: I understand. FRANK ISLER: And we fought it to the last battle xve could fight it. FRANK BUONA1UTO: Alice Hussie mentioned it before. It was only $4,000,000 a few years ago. Why do these things have to go to the sky? Can't they keep these charges at a minimum? There is something else here. It does say construction, $5,000,000. There are too many questions here, but anyhow I know this has to be done, and I think I have had a small part in this problem that we have had, that I know of. I think since '94, when Tom Wickham was here, and he was going to deal with it, and take care of it, and he never did, and I mentioned it once before. Alice Hussie helped me in what I requested more than anyone on the cost of the disposal bags. That was a good thing, but it was a small thing. In addition to that they reduced the price of the bag, but they cost of taking your garbage down to the dump. Everything doesn't seem to jive, and I am only trying to make a point. Why should we have to take our garbage to the dump, and pay ten bucks to do it, not one time, I mean for the season? It used to $2.00 and you could go to the beach for that, too. Do you remember? I mean it only cost us $2.00. These are the points I am trying to make. I know this has to be done, but I think there ought to be something about these charges. Something should be done about these charges. Everything that is ever done in the town, or in the community, it has to be the most. Why can't it be in between, not too low, but in between? That is my point. SUPERVISOR COCHRAN: No demonstrations, please. I will have Frank. FRANK CARLIN: Good evening, ladies and gentlemen. Frank Carlin. What I want to start off with saying, I want to give a little past history here, and why we got into this mess that we are in tonight. I remember very well back in 1990, when Ray Cowan, Regional Director of DEC, said that landfill will be closed in 1990. I remember that day the State Police were supposed to go down there and padlock. Unfortunately it never happened, which it should have been done. We wouldn't be here tonight, and I am going to finish up, and say another area in that place should be closed down, when I get finished with this issue. In 1994 the Suffolk County Legislation voted to give 8.4 million dollars to close landfills. Along in that same year in 1994 the State came along, and were going to give 4 million Landfill bond 11 dollars interest fi.ce to the three east end towns to close the landfills. Plus they went along, and put a little whip cream on that, and said, we are going to g/ye you 2 million dollars to give you grants to help pay for the loans, and we never did. That is one of reasons we are here today, and another reason I heard somebody say tonight fi.om up there, well, we benefited by not closing this landfill. I don't think everybody in this room right here, or this town, realizes that we paid over $650,000 in penalties for not closing the landfill fi.om the DEC. Don't say we benefited by it. We knew that area was polluted, contaminated back in 1979. The DEC and H2M people said that they found chlorine and pollutants in the water. That was also proven by that lady all these years lived on the West Side of the landfill, Helen Brown, behind the First Baptist Church. Her water was so bad she couldn't drink it. One hundred and forty-five second grade children from the East Cutchogne School collected and transferred on a track bottles have bought water to give to her. Did you know that just recently just last year? That is how bad her water was. $7,800,000. we float money in this town like it is water. I mean, clear water. Unbelievable. Now, while I am on the subject of the landfill. I said this once before, and I am going to say it again, because I say it the way it is. I think the whole place should be closed down. The recycling center should be closed down, because I think it is starting to milk the people of this town with money for fees and everything else. I am going to tell you why. You said in your budget for 2001, you said in your budget 2.6 million is earmarked for a track and land purchase, and 1.8 million for expansion to the recycling center. Well, to me that is $4,400,000 right there that we are going to be spending keeping that recycling plant open. 1998, we spent $28,000 to redo the scale. Recently back we floated a bond, $187,000 for a payloader and trailer, which sat there unoccupied, and now it finally moved, and I don't know if it is occupied now or not, so we are pouting money into that recycling plant, and it is eating up the taxpayers' money, too, with all these fees. When you add up the fees the way they are increasing now we should have curbside garbage pickup for everybody. It would even benefit Ray Jacobs. Mr. Brian, are you asleep there? You was. Your eyes are closed. I tell you this Board is awful. Well, if the man's eyes are closed he is not even looking at me. Come on. At least, listen. Did you hear what I said? Okay. That is good, but all that money and you are going to add $7,800,000, and we are going to get into the next bond issue of $2,600,000. That is $10,400,000. Now, you add the $4,400,000, like I said, you want to spend to improve the recycling plant. You are talking about $14,800,000 for these people here in this town to try to put on a bond, and try to pay. Who is going to pay these bonds? These people are going to pay these bonds. Let's face it. Nobody else pays it. We all pay it, right? A lot of people can't afford this kind of money, especially the young people, trying to raise a family, and two people working to pay their taxes, and live. That $14,000,000 right there is more than our Town Budget, which is $23,000,000. Go ahead, Bill, take it. I know you are a little bit disturbed. I know you like a book. Go ahead, but speak. I know this Board like a book, believe me. No dog shelter tonight. Go ahead, Bill. COUNCILMAN MOORE: I am next. Mr. Isler has been involved in this for a long time. This is not money we want to spend. Frank, don't interrupt, please. You always yell at us when we interrupt you. This is not money we want to spend. The argument was made by Town Boards back in the past. It was cheaper. They analyzed it with their legal counsel back then. We sometimes sit here and beat our gums about the past. We should have done this. We should have done that, but, you know what? The past is the past. We confronted with a DEC court order saying you must close this thing. To this gentleman here, it is unbelievable the sizes of the documents that come in here to comply with these regulations are mind-boggling. The things are four, five, six inches high, of what they have to design to make this huge plastic diaper over the landfill to work. It is absurd. We are at the point now where we have to authorize and do the job. That is really where we are at. It is no pleasure. This isn't say, boy, it would ' Landfillbond 12 be if we could get this park, or that beach, or this open space, or that other discretionary item. We don't have that choice, and as Frank was saying before when they first did their estimates as they contemplated how they were going to comply with this landfill law the numbers back in the late 80's was $20,000,000. Fortunately with some experience they have closed landfills in other places in the State of New York to comply with this law, and the technology has come into place, we have had the chance to go out and buy sand and soil. We have been stockpiling for the past several years, and here's where we are today. It is neat. I am glad to see so many people out, and I mentioned to John a moment ago the Court of Appeals had a ruling back in November, December, that said we have to send notices out to everyone. I am really glad to see that people are up and out, because the landfill has sat quietly as a ticking time bomb since the time that law was passed, and since the Consent Order was put in place, and over the last seven years where this Town has put together the specs and the project to get approved by the DEC. That is xvhere this expense is. This is not something that we want to do, and so the animosity and the frustration is shared on both sides of the table here. We have to spend the money to do this job. COUNCILMAN ROMANELLI: It just seems a little easier on us, because we have been living and breathing this for my three and a half years on the Board. We must have talked about landfill issues every week. In fact, I think Jim Bunchuck is scheduled at every meeting. He comes in and gives us updates on it. Bill mentioned we have been stockpiling sand from different locations, because it was cheap at the time when they were doing Tanger Mall, and Home Depot, golf courses. We have been buying sand. JIM BUNCHIJCK: Less than $4.00 a yard delivered. COUNCILMAN ROMANELLI: Dirt is not always cheap, and when you can get it cheap you get it. So, this has been planned out all along. We may seem a little more comfortable with the number, 7.8, because we have heard it, we have seen it, we have seen the estimates come in, and we have seen the bills for soil samples. Every time we bought sand it had to be tested. The DEC wouldn't just let us buy sand from somewhere and bring it in. We had to have it tested. We had to pay for the test. Then we had to pay to have it trucked in. We got hundreds, hundreds, hundreds of yards of soil stockpiled, so we might seem easier with the number, but it is because we have seen it so many times we are a little more comfortable with it. I pay taxes in this town, too, so this is not a joyful thing for us to pass. FRANK CARL]N: You know, John, I understand what you are saying. I understand what Bill is saying, but you have been in office over four years now, and now you are just saying now you realize that this should have done. SUPERVISOR COCHRAN: No, we have been working on it that long. FRANK CARLIN: How long does it take you people to get something done in this town? You have been on the animal shelter fifteen years, and you have done nothing. COUNCILMAN ROMANELLI: Every time you do something it goes back to the DEC. FRANK CARL]N: You blame it always on the DEC, John. Come on. Landfill bond 13 COUNCILMAN ROMANELLI: I wish I didn't have to. I really wish we didn't have to. FRANK CARLIN: Don't blame it on everybody else. Take some responsibility yourself. COUNCILMAN ROMANELLI: In this case, Frank, I really do think the Board has assembled themselves a great team. FRANK CARLIN: For four years? COUNCILMAN ROMANELLI: It was happening before I got here, believe it or not. FRANK CARLIN: Boy, oh boy, I don't understand this. COUNCILMAN ROMANELLI: This is not something new. This has been studied. It has been watched. We tried to change it along the way. When the DEC changed regulations we would try to find a loophole to save the Town some more money by not having to do something. We have done everything and held this off as long as possible. FRANK CARLIN: Yeah, meantime you are increasing the fees on the dump. The man just said over here. COUNCILMAN RICHTER: Frank, I also want to reiterate what John just said, and Bill said before that. Being the newest member, and only a little more than a year on the Board I have seen nothing but us trying to cut costs constantly. I mean, I think, we may seem more comfortable as John says, because we are doing every two weeks. We are involved in th/s, and in between getting updates of what is going on. I mean I think there should be an applause to Supervisor Cochran for saving a million dollars with L~A the other day when we went up and almost pleaded saying how poor we are out here, and they gave us a legal charge on their part of one million dollars, which they could do legally charge us that are going to forego that cost. FRANK CARLIN: That's good. That is fine. COUNCILMAN RICHTER: We don't want to spend a nickel more that we have to. FRANK CARLIN: Yeah, you don't want to spend a nickel more than you have to. COUNCILMAN RICHTER: Really, we don't. SUPERVISOR COCHRAN: Frank, as I said earlier the figures you quoted fi.om the budget, they are in the Capital Budget, and we were looking at redoing our recycling area, and it came in so high we laid it aside, and then we said we wanted it cheaper, so the engineer came back ~vith another plan. We still can't afford that at this time, Frank, so it is going to put on hold because we have a court order. We have to do this. We have no choice. FRANK CARLIN: You are talking about a transfer station. Now, what is that going to nm these people? Landfill bond 14 SUPERVISOR COCHRAN: That is what I said, it is on hold. I just said it. FRANK CARLIN: You will have to close the whole recycling plant down, and go to Riverhead type of garbage pickup. You lose all responsibility. You have nothing to worry about. Ray Jacobs's budget would be reduced. You would not have to pick up brash two times a year. He would save on his budget also. You save people money in this town. JIM BUNCHUCK: Actually if I could say just one thing about the responsibility. The State makes declares the municipalities on Long Island to be what they call Solid Waste Management Units, and for this area that is the Town of Southold, so we really can't throw up our hands and not accept stuff. FRANK CARLIN: I don't buy that. I don't buy it. You can't throw up your hands. How much does it cost for your employees? How much does it cost overhead there? You are supplying fuel for all the machinery at $1.50 gallon right there. How much does the overhead cost? How much are salaries involved? Why can't you close that place down? JIM BUNCHUCK: Salaries cost about a halfa million dollars a year. FRANK CARLIN: Southold is the only town right now that I know around here that is still open. JIM BUNCHUCK: We are the only place that still provides the residents a place to come so they don't have to pay through their taxes. FRANK CARLIN: Yeah, to sort brown bottles, and green bottles, and I got news for you, Jim, brown bottles and green bottles, they are all sorted, right? But, when you take them away you dump them in all one barrel. I know what is going on in the landfill. I know what is going on in the landfill. I am not bom yesterday, buddy. I can tell you more if you want me to. Don't get me started on that. SUPERVISOR COCHRAN: Frank, address the Board and continue. FRANK CARLIN: He's part of the Board here isn't he tonight? SUPERVISOR COCHRAN: Please continue. We have other people that would like to speak also, FRANK CARLIN: I know that. I am going to finish, but I will be back on the next one, too. Don't worry, I got something to say about that one, too. As far as I am concerned that place should be closed down. This is the 21st Century, not the stone age. I have been around. I have been to Florida. I have been to towns where they come they pick up the garbage, and no problem. This town is working as far as garbage goes, in my opinion, a hundred years behind the times. If it cost you $199.00 1 would rather have garbage pickup, and I would get rid of appliances, brash and everything. We got to have a living in this town, not just open space. Thank you. SUPERVISOR COCHRAN: Thank you, Frank. Okay, I have this gentleman, and then I have the gentleman in the back, and then I have this woman here, and then you, sir. Landfill bond 15 SANFORD HANAUER: My name is Sanford Hanauer. I live in Mattituck. We know this has to be done, and we are all concerned about the cost, but my main concern is how are we going to use this piece of land? Can we use it after it is covered? SUPERVISOR COCHRAN: The landfill? SANFORD HANAUER: Can we do something constructive? Can we build a golf course, another one? Playground? Would it be safe? TOM MAHER: Actually we had looked at a golf course, or a driving range at one time, but DEC would require a much more expensive closure in order to do that, so we had set that aside. One of the things we are looking at right now is to maybe set up some type of walking trails on the landfill, because it is going to be series of hills. Like I said, it should be aesthetically pleasing. Put some type of wildlife habitat. There are organizations that come, especially like if you have landfills, and set up birdhouses that attract certain types of birds. We are going to try to do something constructive with it, so that the residents have some use of it. It is a little bit high in surrounding areas, so it could provide an observation area, but they will try to do something with. But, if you do something that has active recreation on it then it is a much more expensive closure. One of the things that we tried to save the town money, let's talk about saving money, you know it is an expensive project, but the State requires usually two feet of soil on top of this plastic liner. We said one foot would do. We got a variance fi.om the State, so that saves one foot of soil over something like forty acres, which is saving a lot of money. Another one is, instead of bringing in topsoil which the State would like, top soil is very expensive, so we are going to do is mix sand, that we are going to get out of the burrow pit with the compost material that is being produced at the landfill by leaves, and creating our own topsoil. So those are ways we are looking to save money, but the cost of that is that it doesn't allow you to have any type of active recreation on the land. So, we are looking for some type of passive recreation. SANFORD HANAUER: But, I would feel more comfortable if we could find out what the difference in the cost is for preparing it for possibly to make money back on the land. In other words if you are paying a $1.00 a square foot, it may be worth paying $2.00 a square foot if you can put something on it that you can earn $2.00 a square foot, and then you have paid for it all. TOM MAHER: One of the difficulties in closing a landfill is that you have to get the drainage off the landfill, so therefore you have to slope the landfill, and that precludes a lot of potential uses of it, because you would like to have it flat in order to use it, and you can't in this particular case. So, it is difficult. I not saying it is impossible. Your point is well taken. The Town is considering uses. You know, some type of beneficial muse of the landfill, and we are going to be looking at that over the next couple of months. SANFORD HANAUER: Thank you. CHESTER SKWARA, JR.: I am Chester Skwara, Jr. I haven't been back to this town in about twenty- seven years, so I just came back. I have grown up, and I am still 6'8" xvhen I left. But all I remember growing up was this landfill, what went into this landfill. I remember a big pit in the ground. I am a chemical engineer by training, and I have mn several landfills, and I closed several landfills, and I would like to ask the people on the Board and our experts hem a few questions primarily in the area of Landfill bond 16 public health. I understand you have to close this landfill. I understand how difficult it is. My initial question is for you are, has there been any wells put in place, and well testing such that we had a good matrix as far as what the groundwater is around the landfill to start, and are any of those samples a problem right now as far as heavy metal, chlorine, etc., because I would think that has to be public knowledge to everyone here. SUPERVISOR COCHRAN: We doing testing. Jim, maybe? JIM BUNCHUCK: Yes, as far as testing goes that was actually some of the costs in the engineering costs that are listed here. They involved testing of water and prior to that digging a series of wells around the property. There are fourteen groundwater monitoring wells that were dug, seven pairs of two, seven shallow which I think mean like 60, 80 feet, and seven deep ones, which were 150 or so feet deep. The documents that came out of that are some of these six, eight inch documents with data and analysis of what was found, and again, along the property, along the boundaries, I think, there was only one that showed an elevation of metals, that I understand actually could be shown to be leaving the perimeter of the site. Other wells may have picked up something, and Tom, you might be a little bit more able to tell. CHESTER SKWARA, JR.: Can I ask you a question first? I think the public needs to know that information because if there is lead, or bad DEC limits, or Federal guidelines, you pose a risk of having to put secondary treatment in place that could be hugely expensive, and something may be done right now to mitigate that before you close the landfill. It could save a lot of money. TOM MAHER: Just to talk about the quality of groundwater, what we found so far is nothing out of the ordinary with regard to a municipal sanitary landfill. As a matter of fact the State of New York in the mid-80's classified every landfill in New York State and on Long Island as potential hazardous waste landfills, and they were called Class 2A sites. Investigations had to be done, and one was done for this particular landfill, and that was when the wells were installed. The results that came back did not show anything of a hazardous waste nature that was disposed in the landfill that was showing up in groundwater. What it did show is leach 8 type contaminants, chlorides, elevated chlorides, elevated sodium, calcium, iron, magnesium, chemicals which could and do cause contravention of groundwater standards. The contaminants were found deep. The landfill is just driving the contaminants deep. We didn't feel it was affecting any private water supply wells, because the private water supply wells for the most part are very shallow, just go into the groundwater to get water. So, the plume is beneath that. It is not, as far as the information that we have impacting health and the environment, but obviously there is a contravention of groundwater standards, and that is one of the reasons why this landfill is being closed, because once it is closed then you are going to mitigate the generation of leach, and groundwater quality will improve with time. We have seen that with other landfills, that have been capped. So, we have a pretty good handle on the situation. CHESTER SKWARA, JR.: But you will be once the landfill is capped you will be monitoring groundwater continually? TOM MAHER: Yes, as a matter of fact, part of the requirement is for thirty years. Landfill bond 17 CHESTER SKWARA, JR.: I am trying to make a point here. I have been through this with the public. I have been sitting in your chair. You need to make this information pubic to these folks here, so they don't get surprised that there is heavy metal in their drinking water. That is not fair to them. If it is not there tell them right now. Once the results come out tell them. Don't surprise them. TOM MAHER: Your point is well taken. Let me just add one other thing. When we did the groundwater sampling for the monitoring wells that were installed we also sampled the number of private water supply wells downgrading of the landfill to see if they were being impacted. CHESTER SKWARA, JR.: Good. TOM MAHER: When that was done we didn't fred any impacts that we felt were attributable to the landfill. The impacts were primarily pesticides of an agricultural nature, which is really ubiquitous on the North Fork. CHESTER SKWARA, JR.: Another thing that may save money, may cost a little more, is the liner that you are getting on the landfill. You should approach the contractor who is giving that liner for a guarantee, and a liability with that, if the liner does fail, so the Town isn't responsible, and the contractor is. It would be very good, too. TOM MAHER: That is a point well taken. I mean they do have a certain warranty period, but it is not for thirty years. One of things we do, and this adds to the cost of landfill closure, DEC has very strict requirements for testing the liner as it goes down. We have to be there to monitor the seams. We take sample of the seams to make sure they are seamed properly, that there are no holes in the liner, to make sure that what is being spent is being spent properly, but there is a cost associated with that, but it is a very diligent landfill closure certification process, and requires full-time inspection. So, while I don't know if we can ask the contractor for a thirty-year warranty, but what we can do is insure that it goes down properly. CHESTER SKWARA, JR.: Is there leach aid collection system at all associated with this closure? TOM MAHER: No, there isn't. CHESTER SKWARA, JR.: Thank you very much. MARILYN GOODWIN: Good evening. We are Jim and Marilyn Goodwin. We own two pieces of property directly west of the landfill. We have a question, a concern actually, regarding the relocation of the power lines. It has been stated fi.om what we have read, and what I heard on the radio, that they are going to be easements, and the power lines were going to be relocated around the perimeter of the landfill. However, on February 22nd, I had a LIPA crew in front of our home putting up these brand new poles that have all been put down to the north of 48 from the Tye Groups road down to Oregon Road, west they have stopped in front of Frank McBride's house right now, and they informed us that this is where the high voltage lines are going. Could you please clarify this? COUNCILMAN MOORE: A existing 29KV line is going to be temporarily relocated along the area just described. There has not been a decision on where the high voltage line. We want it underground. Landfill bond 18 That is not what is being located there. The existing 29KV line, which presently goes across to that area is temporarily being relocated getting it off the cap, so this can be done. It will be put up in the area you described, not around the perimeter of the landfill, but up around the roads you described. MARILYN GOODWIN: Okay, but wouldn't it be possible on the property that you are proposed to purchasing is one of the metal lattice towers. It exists there now. Couldn't we instead of running it down our road, in front of our house, and another home directly north of. JIM GOODWlN: It is a bicycle route also. MARILYN GOODWIN: It is a bicycle route of the town. We have pedestrian, bicycle traffic there all the time. There are many houses up the road from us now. Instead of doing it that way why couldn't they just mn it off of the existing tower if that is on that property now, and run it down along the property line, and along to the north of the landfill, and around where is there nobody living there instead of putting all these huge poles up? I mean they are tremendous. We can't even see backing out of our driveway. JIM GOODWlN. I almost got hit six times this week just getting out of my driveway, because the poles are side by side. You can not see down the road to see if vehicles are coming. I leave my house it is dark in the morning. COUNCILMAN ROMANELLI: The existing poles. JIM GOODWIN: They are telephone poles. MARILYN GOODWIN: Some of them. COUNCILMAN ROMANELLI: We met with LIPA, and tried I have to say five or six different ways to try to relocate the poles, and it is not just the town's decision. It is LIPA's, it is the easements, it is the County's. What LI?A decided to do was as you can see they put all those poles in next to existing telephone poles. In the end when LIPA completes their upgrade of the transmission facility on the North Fork, which they insist and keep telling us has to happen, all the existing telephone poles will come down. So, basically where there is a pole now in the end there still will be just one pole there. They are not adding any more poles. You are going to have the same number of poles along Depot Lane, Oregon Road, and to Cox. JIM GOODWlN: How long? COUNCILMAN ROMANELLI: How long have the poles been there previously? JIM GOODWIN: One pole. COUNCILMAN ROMANELLI: Right, the other ones are coming down. When the project is completed, and the phone company does there side of the job, and cablevision does their side of the job, when the project is completed all the older poles are coming down. That is why they are being put in side by side. Landfill bond 19 JIM GOODWIN: Yeah, but the way they put them up we can not see getting out of our yard, so we can get hit by a truck or whatever SUPERVISOR COCHRAN: We can bring this to LIPA's attention, and see if there is something that can be done in relation to this. There are two kinds of lines in the Town of Southold. One is distribution, and that is what you see like on the Main Road here. The other is transmission. Transmission are on the, I call them praying mantis, that sit up in the farm fields. You can not put both lines on the same pole. LIPA can't do that. What is happening here is temporarily because in order to close the landfill the poles going across have to be moved. They couldn't be moved up enough for heavy equipment, so LIPA agreed temporarily put them around the landfill until the landfill is capped. MARILYN GOODWIN: Right, but that is not what they are doing. They are telling us that those lines are going to be coming (unintelligible) JIM GOODWlN: I got two young kids. SUPERVISOR COCHRAN: Are you talking about transmission? JIM GOODWIN: The high tension wires coming through those poles are going to come right in fi:ont of my house. Jim knows where I live. JIM BUNCHUCK: I think what Jim is saying is that the transmission lines that are crossing the landfill are being diverted around, which is tree. They are. JIM GOODWlN: You wouldn't want them in fi'ont of your house either. JIM BUNCHUCK: I probably wouldn't if it was up to me. The existing poles will come down. These new ones will be there until the long term, you know, transmission plan, distribution plan, for LIPA is decided. I think the reason why they didn't try to keep them here and go across the back of the landfill, first of all they would still be on someone's property where they don't have an easement. They can't put them on the landfill because it is going to be capped. If they go off the landfill on anyone's property where it isn't currently existing then they have to negotiate a new easement with those people. Of course, coming around the east side there is additional properties here, so they will be having to negotiate new easements with a whole range of new landowners, probably wouldn't allow them to get them off the landfill in time for the Town to comply with the law to cap. I am not speaking for LIPA, but assumption is that they following places where they already have an easement, which is along the roadway. Initially they kept them on 48. LIPA was willing to do that, however when they checked with the County, the County didn't want them to put it on the other side of the street. They don't transmission and distribution lines on the same towers, because an accident will blackout the whole north fork. So, they wanted to have it on the other side of the street, and the County said, no to having two sets of poles on both sides of the street. That is why I think their final option was to follow around. MARILYN GOODWlN: I understand this is temporary. JIM BUNCHUCK: Right. Landfill bond 20 MARILYN GOODWIN: Until the landfill is capped. SUPERVISOR COCHRAN: I know it doesn't solve your vision thing. JIIVI GOODWIN: When I am dead it doesn't matter to me anymore. SUPERVISOR COCHRAN: In addition we haven't changed our position in relation to lines being put underground. That is still our position. We are setting up a meeting, a committee with LIPA, two people from LIPA, two people fi-om the Town of Southold, two people from the Town of Riverhead, because what they do for Riverhead they have to do for us, or vice versa. So, we are going to be sitting down and seeing how we can solve this problem. Riverhead will be supplying their Town Engineer, and person fi'om the community. I will be supplying an attorney and an environmentalist, LIPA will be supplying any engineer, and Bill Davidson who is their public relations person. This committee will sit down and look for options and feasibility. If we can win the battle and get it underground. We are certainly standing in that position, and that is Riverhead's position at this time also. This doesn't help your vision problem. I talk with someone up in LIPA and see if something can be done now. I can't promise. MARILYN GOODWIN: Well, we talked with Dan McKem, and he also said he certainly understood our concern, because he wouldn't want it either, but was not willing give us a number for LIPA. So, that is where we are at. What it is, is they are not going to be going around the perimeter of the landfill. The plan is for them to come up this road. So, what we have been reading is not correct. SUPERVISOR COCHRAN: Thank you. I will check. May I have phone number also? MARILYN GOODWIN 734-5679. SUPERVISOR COCHRAN: Thank you. Is there anyone else that would like to address the Board in relation to the bonding? JACK I-IEARN: I am Jack Heam from Cutchogue. In the letter we got in the mail where they mentioned the 2.6 million dollars for buying the land that came out to $159,000 an acre. SUPERVISOR COCHRAN: $153,000. We have it here. We a hearing coming up on that. JACK HEARN: Oh, that is not this? SUPERVISOR COCHRAN: That is the next heating. DARRELL BEREZNY: Hi. Darrel Berezny, Cutchogue. I live right up the road from Jim. I am just curious on the amount of time, and the time span it will take to cap off the dumps. I know obviously it has to be done, DEC regulations, so on and so forth. Is there any time frame? Landfill bond 21 TOM MAHER: The time frame that Jim had mentioned before is to start construction probably in early June, and it depends really on weather conditions during the winter, but if we get a half way decent winter then we hope to be done by January. If not it could go until March. COUNCILMAN MOORE: If I understand your comment or your questions was the relocation of wires. DARRELL BEREZNY: The relocation of wires, and also the next thing that is coming up, you know, with the moving, and opening a new transfer station, and so forth. COUNCILMAN MOORE: The average person's definition of temporary, and the government definition, or LI?A's defmition are really different things, because they have made it very clear that the existing 23-kilovolt line must be improved to 69. The debate, as Jean said a moment ago, is underground, over ground and where, and that is before the commission's analysis. Once the cap is completed and construction done in January or March, as Tom said, it is not (tape change.) FRANK WILLS: Good evening. My name is Frank Wills fi.om Mattituck. Speaking of the future, have considerations or provisions been made account for and collect the gases that will be generated by the digestion of the toxins, what has been dumped? That is a problem, if it doesn't exist already. JIM BUNCHUCK: Yes, the gases are produced, obviously, when the garbage decomposes, and it is happening in the Cutchogue Landfill. The cap is designed, and by regulation has to have at least one vent per acre to allow the gas to escape. One of the layers in the landfill is what they call the venting layer, which is underneath the cap, and it allows as gas gets into that layer it allow it to migrate laterally to one of the vents. The material has to meet a certain specification, particle size, so that the gas can move through without being backed up or impeded someplace. One thing toward noting though is the gas production in landfill typically peaks about fifteen years after the waste is buried. After that it reduces slowly. I know people have said before, and years ago, we looked into whether there was enough gas being produced, and enough concentration to capture it, and make power. At that time it xvas marginal, and when the tax credits were offered by the Federal government for companies to go in and do that work, really no one was interest in trying to do in Southold, and at this point the most recent burial of waste is now back to 1993, and that is in one single area of the dump. The rest of the waste is so old that the generation of gas is dropping. TOM MAHER: Let me just add with regard to lateral migration of gas, because even if you have these vents through the liner there is always a potential for lateral migration. There is provision been made for gas collection trenches at the edge of the cap so it doesn't migrate off site, and there also provision for very extensive network of gas monitoring wells should it get beyond that trench. There is a monitoring system, and that will be monitored quarterly. I think it is at each location there is wells at three different depths, so we xvill have a pretty good idea if there is any potential problems with off site gas migration. BOB JENKINS: Is it going to burned that methane? TOM MAHER: No, it will be directed to the atmosphere. Landfill bond 22 SUPERVISOR COCHRAN: Anyone else like to address the Board in relation to the bonding? CATHERINE STEAl)MAN: Catherine Steadmam, Mattituck. While land is scarce I think it is important that we be able to use the 35 acres. I support Mr. Hanauer and Mr. Murphy request that, that be filled. I know the Holtsville Oncology Site was built on a former landfill, and they do have two swimming pools, and is used for recreational use. It also has a wildlife sort of preserve in there, and they do agricultural things there. Is this what you are proposing? TOM MAHER: Something similar to that. I am familiar with the Holtsville Landfill. We also do consulting work for the Town of Brookhaven. What they made the swimming pools on that is not on waste material. CATHERINE STEAl)MAN: There is sixty acres at the landfill, is that accurate more or less? TOM MAHER: I don't know exactly how much it is, but... CATHERINE STEADMAN: So, we are not talking about that specific 35, but you know possibly a recreational type. TOM MAHER: We are. I don't know if it is going to be swimming pools. I don't know if it is going to be a petting zone, like they have Holtsville, but again one thing that they do have at Holtsville they have a jogging trail that goes around the landfill. That is perhaps something that could be considered here again, as well as some type of wildlife preserve, that schools could use. CATHERINE STEADMAN: Is it possible that we will have some place for the kids to go sledding in the wintertime when we do have snow? SUPERVISOR COCHRAN: There are numerous things we could use it. CATHERINE STEAl)MAN: Non-motor bicycle use? TOM MAILER: Again you have to be careful, because for the Town could get a variance to minimum the thickness of the cap to save money. You just have to be careful what type of activities take place on that cap, because the State could come back and say you will have to spend more money to beef it up. I am not saying it is not possible, and maybe that should be a topic of another discussion some evening is to look for input as to maybe what the residents would like to see, and we can consider that now as the landfill being capped, and look at it then. CATHERINE STEADMAN: Well, if you are talking about the thickness of the landfill if you went from one feet to two feet, two feet would allow up to use it for more activities, fight? TOM MAHER: That is correct, but .... CATHERINE STEADMAN: So, we need to look at cost effectiveness here. You know, thirty five acres is a lot of land to be used for different activities. .' Landfill bond 23 TOM MAHER: I will tell you, though, even if you put another foot on it the DEC would discourage active activities on a landfill cap. They really don't want that, because it could always be disturbed, but they are always willing to look at passive recreational opportunities, and I think something like a jogging trail, something of that nature, a nature walk. That is really what they look to do. My experience is that when landfills are being used it is context ora park, or like a passive recreation area. CATHERINE STEADMAN: Is that what Riverhead is doing? TOM MAHER: I don't know exactly what Riverhead is doing, but I know the Town of Hempstead has done it, the Merrick landfill has done that, Croton on the Hudson. New York City is going to do that with Brookfield Avenue landfill, but it is always in a park type of setting with jogging trails, nature preserves. That is typically what DEC will approve. So by putting another foot on it doesn't necessarily allow you to do whatever you want. CATHERINE STEADMAN: I didn't say that. TOM MAHER: Okay. Active recreation. CATHERINE STEADMAN: Can't it be concentrated? I mean does it have to be the whole thirty-five? Aren't there more areas that concentrated with, you know, problem areas? COUNCILMAN ROMANELLI: We are not closing the landfill, so the areas that are not being covered with a cap are still going to he part of the transfer station similar to what we have there now, as far as people coming in, dropping off garbage. We are going to have to move some of the composting, which is now gone in the areas that will be capped offof that. So, the areas that don't have something over it we can't mm into a park or some sort of activity, because we still need it. We still need to operate the dump. Dump slips out all the time. We are not supposed to say the word. SUPERVISOR COCHRAN: Landfill. TOM MAHER: Even back there the old burrow pit, that is going to used for storage of brush, so just about every inch of how many acres it is, forty-seven acres or sixty acres, all of that is accounted for. So, your only opportunities really are on the capped area. COUNCILMAN ROMANELLI: We talked about this often at the Board. COUNCILMAN MOORE: We asked Tom, how active can we get on there? Someone said golf course before. John .... CATHERINE STEADMAN: The children of this community do not have a whole lot of things to do. Thirty-five acres could provide a lot of activity for a lot of children. COUNCILMAN MOORE: We acquired the property on Peconic Lane. We are working on more facilities, but the real question .... CATHERINE STEAl)MAN: Thirty-five acres? Landfill bond 24 COUNCILMAN MOORE: I understand but the question was, can you get thirty-five acres somewhere else and approve it for active recreation? CATHERINE STEADMAN: Can you? COUNCILMAN MOORE: Yes, you can, and that what I am saying, look at Peconic Park. We are looking in conjunction with the County on fairground property for additional ball fields up in Mattituck, so we are actively looking. What we looked at was the increased cost to make sure that the cap would meet the integrity, and the engineering costs just went through the roof to get the DEC to say, yes, okay. [ agree with you. It makes complete sense to reuse a piece of property. You made us pay for it. You made us cover it. You made us spend $30,000,000. Your logic is completely correct. Then we look at the cost of making it comply with regulations, and we say, gee, we can do more recreation somewhere else which seems stupid. CATHERINE STEADMAN: We are spending a little more than 7.5 million it seems to me it is pretty expensive capping where it could be used recreationally we just have to add more money. COUNCILMAN MOORE: It is a lot of money. CATHERINE STEADMAN: You are talking a lot of property. SUPERVISOR COCHRAN: We know. Thank you. ALICE HUSSIE: Alice Hussie. Mr. Cushman, we were talking about engineering costs before, and fees that have to be paid. What fees to this day have already been paid. JOHN CUSHMAN: 1.4 million. ALICE HUSSrF: 1.4, okay. Now, that I have this breakdown I can see. We are being bonded to repay whatever we did with that 1.4, or is that in addition? JOHN CUSHMAN: Engineering, Alice, the budget of $950,000, $467,000 have been expended already. ALICE HUSSIE: Okay, that is part of the 1.4 that has been paid out. JOHN CUSHMAN: Right. ALICE HUSSIE: Okay. Thank you. SUPERVISOR COCHRAN: In relation to the bond issue, because we would like to move on to other hearings, where you will have the opportunity for questions in relation to this $2,000,000. Landfill bond 25 BERNARD HEINISCH: My name is Bernard Heinisch. I live on County Road 48. Can you tell me what is the maximum rise by comparison to the adjacent properties around this dump on propose of rise? TOM MAHER: When the landfill is closed it probably won't be anymore than a foot or two higher than it is now. BERNARD HEINISCH: In reference to the adjoining property around the perimeter, what will be the rise? I don't know what it is now. TOM MAHER: Around the perimeter of the landfill the highest point now is I think about fourteen to sixteen feet higher, the highest part of the landfill, so when it is closed it may be another foot or two higher than it is now. So, it may be between sixteen and eighteen feet. BERNARD HEINISCH: How much settlement is going to take place in the years to come of that seventeen feet as it decomposes? TOM MAHER: I would guess a couple of feet. BERNARD HEINISCH: How much is a couple of feet? TOM MAHER: It would be strictly a guess. On one portion of the landfill, the westerly portion, that hasn't been used for quite a few years, and the waste hasn't exposed them, so that probably is not going to settle much at all. Again, by much, I can't give you a figure. But the eastern area, which is a higher portion has been the most recently used, and I would expect, again, my guess would be a couple of feet. BERNARD HEINISCH: What would happen in the event that you have uneven settlement, and now you have a hill, a gully, a hill, and so on? TOM MAHER: It should all settle at approximately the same rate. They gullies as well as the higher elevations. If it doesn't part of what the Town is obligated to do under the regulations is have a 30 year post-closure operation and maintenance program besides monitoring program. The Town is obligated to make sure that the landfill operates efficiently and sheds water, and doesn't have water ponded on it. But, again, our experience has been when landfills settle the entire configuration settles at about the same rate, so we don't expect too much in the way of overall changes as far as the topography and the surface contours are concemed. BERNARD HEINISCH: We have older sections of the landfill where we akeady decomposing and that won't settle as much as some of the other areas. What also happens to the pit in the back where you have been removing sand? Is that pit going to remain, and at what elevation is it now, and what will it be with whatever you do with it? TOM MAHER: If you are talking about the bottom elevation, first of all, we are going to use a lot of material out of that pit to construct the cap, so more of the pit itself will become larger, because we are going to take more material off the sides. As part of the final closure plan that entire pit will be Landfill bond 26 regraded, so that everything is sloped properly in conformance with the requirements, because at the very end of it the floor of the pit will probably be about four or five feet higher than it is now, and the whole idea is to provide more room for brush storage, if necessary, or compost storage, to utilize that facility in the future in support of composting operations, so again, that should look better than is now, and provide a useful use. BERNARD HEINISCH: Four or five feet higher than what it is now, at what grade would that be to adjacent property? Would it be twelve feet down, fifteen feet down, twenty feet? TOM MAHER: I would guess now it is probably at least twenty feet lower. BERNARD HEINISCH: So, you are saying there is a proposed drop in elevation of fifteen feet there. Is it a sheer drop? TOM MAHER: No, it won't. It will be, I think, 201 slopes, 301 slopes is the grade required. If you notice now the slopes are quite a bit steeper. They are almost 101, about 45'. To provide a more stable slope it will be sloped more gradually, and then cut back, and also vegetated, so that it could be vegetated slopes would be more stable, so that you can use that pit for beneficial purposes in the future. That is all part of the closure plan. BERNARD HEINISCH: Okay. Has any thought been given to a possible wind generation on this site of thirty some odd acres? TOM MAILER: That hasn't been considered. No. BERNARD HEINISCH: Is it possible? TOM MAHER: It is possible. BERNARD HEINISCH: On low bidder, what was the amount of Terry Contracting. TOM MAHER: I think it was about 5.2 million. BERNARD HEINISCH: And what takes place the contingency of how are these rates regulated? TOM MAHER: As far as any contingency work it will be done at the unit prices that are bid. The way the bid was set up is you had estimated quantities, and we had unit price, and then those estimated qualities with the unit price, which the contractor has to provide, and then you come out with the total price. If we need more fill, or more cutting than what is anticipated that will be paid at the unit price. That is part of the contract. BERNARD HEINISCH: So, he has already bid? TOM MAHER: That is correct. BERNARD HEINISCH: That is correct. Landfill bond 27 SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the bonding? We still have another heating to go through. Also, what I am going to do when we finish this heating in the input I am going to go to the hearings for the purchase of development tights. They are only going to take five minutes or so for each one. I would like to move those out of the way. We will take a very short break, and then we will go into the second heating in relation to the landfill. BENJAMIN SCHWARTZ: I will be very brief. My name is Benjamin Schwartz. I still have a couple of questions. You have been talking about this for so long, and I still.., can you just give me some idea o f the relative depth or height of the garbage throughout thirty-five acres? TOM MAILER: There has only been a few borings that have been put directly through the landfill, and if I recall the correctly the waste is at least forty foot in thickness, and I figure you go, groundwater is about fifty foot below ground surface, so I would guess that xvhen a sand and gravel operation was in operation it probably went pretty close to groundwater, if not into it, so I would say the waste is forty to fitly feet in thickness. BENJAMIN SCHWARTZ: Down? TOM MAHER: Down. BENJAMIN SCHWARTZ: And you said fifteen feet high. TOM MAHER: On the western portion of the landfill it is just about a grade the same level as surrounding grade. On the eastern portion of the landfill it is just about fitieen foot above existing grade. So, in that area the landfill where it is elevated it could be fifty-five, sixty, maybe sixty-five feet in thickness. BENJAMIN SCHWARTZ: I am sure you thought of it, but is there been effort made to try .... TOM MAILER: Again, this is part of the cost that drives these projects. We did a test evacuation program around the entire perimeter of the landfill. Not only to define the limits of waste that have to be capped. If the waste is thin at the edges what you try to do is pull it back, relandfill it, so that you cap there becomes less. Some landfills it works very well. Here it didn't. The reason was because it was a sand and gravel operation. They excavated very steep slopes, so the waste gets beat very fast, and there is very little oppommity for consolidation, but it is a good point. It was looked at, but it just didn't work here. BENJAMIN SCHWARTZ: I had one other idea that maybe crazy but it would be wonderful if they could be a way to figure out to put some vineyards over it. Thank you. JOHN COSTELLO: My name is John Costello. I live in Grccnport, and I only came here to educate myself to the exact numbers on this project. I am concerned about my kids staying here, and I am concerned about my grandchildren, so that is why I am here tonight. I didn't hear anything about the tax rate. Everything is approved here tonight. What does that do to the average taxpayer in the town? Landfill bond 28 SUPERVISOR COCHRAN: John, do you have those figures? JOHN CUSHMAN: Yes, I do, Jean. According to my calculations is it does not include the $2,000,000 grant from the DEC, we will be looking at a tax rate increase for the average homeowner of between $25.00 and $40.00 on the life of the bonds. JOHN COSTELLO: What is the life of the bond? JOHN CUSHMAN: We are looking twenty years. JOHN COSTELLO: Okay. JOHN CUSHMAN: That is without the grant. JOHN COSTELLO: That is without the grant, without any contingencies. Is there contingencies in the engineering fee? JOHN CUSHMAN: Built in. JOHN COSTELLO: They may be allowed? JOHN CUSHMAN: Yes. JOHN COSTELLO: One of the things I heard tonight was how lenient the DEC is. Even though there are a million problems, everyone was criticizing the DEC forcing this on us, and what not. We both become more educated with environmental issues. Education is solving a lot. It is probably why there is going to be willingness to solve this problem. When the DEC was willing to allow one foot instead of two feet, which is saving us a lot of money, allowing to make our own topsoil. They have changed in attitude. The DEC is changing. The DEC hopefully with the new administration that is going to be put in next week, the Commissioner is being moved out, another Commissioner being moved in, maybe they will be more lenient. I have heard things like inevitable date. It is an inevitable date that has been kicking around for years. I don't think there is an inevitable date. Anytime you hear anything that has to happen tomorrow, do it the day later, and you can still do it, and these inevitable dates have been going on and on forever. Hopefully this project will get taken care of. The contingencies will go under budget, and solve the problem for the entire town at a number that will allow businesses to stay here, kids to grow up and live here, and some of the things that we want for Southold Town. So many people are so interested in the look of what is going to be created by this property that some trees that surround this area, some older tree, I hope that they are incorporated in the overall look eventually, and I hope that this project tums out well for the Town of Southold and all the taxpayers of the town. Thank you. SUPERVISOR COCHRAN: Thank you. Anyone else in relation to the bond? TOM KUHLMANN: My name is Tom Kuhlmann of Southold. I was wondering when the $2,000,000 comes back to us from the State? Is that right away, or down the road? Does that come at the end? Landfill bond 29 SUPERVISOR COCHRAN: The State is very poor in paying these bills, I will tell you that. It took us what, John, a year to get money back for Cutchogue? JOHN CUSHMAN: We billed the State for a half of a million last fall, and we are still waiting for the check. We are hoping it will be here very shortly. SUPERVISOR COCHRAN: We are going to get it, but we don't know when. You know the checks in thc checks in the mail. TOM KUHLMANN Okay, so when that happens you don't have to bond 7.8 million dollars? Can we scale it back to 5.8, or how does that work? SUPERVISOR COCHRAN: I think what has been bonded, and if anyone disagrees with me, that is the maximum. It doesn't mean we are going to spend that. We are authorized. Authorized to spend, but it doesn't mean we are going to spend it. We are going to try to be as thrifty as you would like us to be. RAY HUNTINGTON: Ray Huntington, Cutchogue. Will the bonds be issued as the money is needed, and not until then? JOHN CUSHMAN: What we do, Ray, is xve draw the money down from New York State on low interest loan as we need it. Actually it is an interest flee loan. It will be converted to long term debt sometime this Fall, so I guess the answer to your question is we are only using money, or drawing the money down as we need it. BOB JENKINS: Bob Jenkins, Cutchogue. Just say the project cost 7.8 million, and we successfully conclude the project, then the DEC does pay us back the $2,000,000 grant, does that $2,000,000 get rebated in tax rebates to the taxpayers over the next 20 years the term of the bond, or does it go into the General Fund? COUNCILMAN MOORE: It will be used to pay down the debt. BOB JENKINS: Oh, you pay the debt down, and that was calculated? JOHN CUSHMAN: No, it wasn't calculated. COUNCILMAN MOORE: No, the grant was not calculated into it. BOB JENKINS: Not calculated, so it will be less. SUPERVISOR COCHRAN: closed. Anyone else, or may I move on? (No response.) I deem this hearing Elizabeth A. Neville Southold Town Clerk Councilperson Councilperson On motion of John Romanelli , duly seconded by Louisa Evans , the following Resolution and Order After Public Hearing was duly declared adopted on the following A~ES: Councilpersons: NOES: None roll call vote: Craig A. Richter Brian G. Murphy John M. Romanelli William. D. Moore Justice Eouisa Evans Supervisor Jean Co,bran 364162.1 019064 RES A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 13~n day of March, 2001. PRESENT: Hon. Jean W. Cochran, Supervisor Louisa P. Evans, Justice William D. Moore, Councilperson John M. Romanelli, Councilperson Brian G. Murphy, Councilperson Craig A. Richter, Councilperson In the Matter of the Increase and improvement of facilities for the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law. RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has heretofore determined to increase and improve the facilities of the District, described as the capping and closure of the Southold Landfill, in Cutchogue, in the District, consisting of the installation of a geo-mem~rane cap topped with dirt and sand ..... =~-~ .... ~ as alt .... grading of the 29 acres, more or less, on the east side to maximize run off and the installation of a geo-membrane cap covered with vegetative supportive mulch and soil (herein called the "Project"), at the estimated maximum cost of $5,800,000, including preliminary costs and costs incidental pursuant to the Resolution adopted on November 25, and held on said date, Settlement entered into by Department of Environmental and thereto and the financing thereof, and Order After Public Hearing duly 1997, after a public hearing duly calied it all in compliance with the Stipulation of the Town and the New York State Conservation, dated October 5, 1994; WHEREAS, upon the receipt of sealed bids for the Project, was determined that due to increased costs of labor and materials, the estimated maximum cost thereof has increased by the amount of $2,000,000 to the amount of $7,800,000, and it is now necessary and desirable and in the public interest and the best interest of the Town to increase the total appropriation for such increase and improvement of facilities by said amount of $2,000,000, and such estimated maximum cost from $5,800,000 to $7,800,000; and 364162.1 019064 RES WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law, as related to the impact that the increase and improvement of facilities of the District at the estimated cost specified herein may have upon the environment and that no substantial adverse environmental impact will be caused thereby; in connection therewith, a duly executed Short Environmental Assessment Form on the basis of such has been filed in the office of the Town Cl~rk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and designated as the Project, at the increased estimated maximum cost of $7,800,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and, further, that the Engineer heretofore retained by the Town Board shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and, with the assistance of the Town Attorney, prepare a proposed contract or contracts for the the Project, which specifications, estimate installation of and proposed contract(s) shall be presented possible; and it is hereby FURTHER ORDERED, that to the Town Board as soon as the expense of such increase and improvement of facilities shall be financed by the issuance of not to exceed of $7,800,000 serial bonds of the Town, and the costs thereof, including payment of principal of and interest on said bonds, shall be assessed, levied and collected from the several lots and parcels of land within said District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: March 13, 2001 TOWN BOARD OF THE TOWN OF SOUTHOLD Jean W. Cochran Supervisor Justice 364162.1 019064 RE~ William D. Moore ~erson (SEAL) [g A. Richter Councilperson Members of the Town Board of the Town' of Southold, New York 364162.1 019064 RES Justice Louisa Evans moved its adoption offered the following resolution and 3~4162.1 019064 RF~ RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 13, 2001, AMENDING THE BOND RESOLUTION ADOPTED NOVEMBER 25, 1997. WHEREAS, County of Suffolk, Recitals the Town Board of the Town of Southold, in the New York, has heretofore duly authorized the increase and improvement of facilities of the Southold Solid Waste Management District, in said Town, as more fully described in the bond resolution adopted by the Town Board on Nover~er 25, 1997 and hereinafter amended, at the estimated maximum cost of $5,800,0~0, which amount was appropriated therefor pursuant to said bond resolution; and WHEREAS, due to the increased cost of labor and materials, the said Town Board has determined that the estimated maximum cost of said increase and improvement of facilities is now $7,800,000, and it is necessary and in the public interest to increase the appropriation therefor by $2,000,000 and to amend said bond resolution to reflect such increased amount; Now, therefore, be it RESOLVED BY THE TOWN BOA=RD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) . The bond resolution of said Town adopted by the Town Board on November 25, 1997, entitled: 364162.1 019064 RES BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 25, 1997, APPROPRIATING THE AMOUNT OF $5,800,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF SOLID WASTE MA/qAGEMENT DISTRICT, AND AUTHORIZING THE ISSUA/~CE SERIAL BONDS OF SAID TOWN TO APPROPRIATION. THE SOUTHOLD IN SAID TOWN, OF $5,800,000 FINA/~CE SAID is hereby amended to read as follows BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 25, 1997 AND AMENDED I~CH 13, 2001, APPROPRIATING THE AMOUNT OF $7,800,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES MANAGEMENT DISTRICT, IN AUTHORIZING THE ISSUANCE OF BONDS OF SAID TOWN APPROPRIATION. OF THE SOUTHOLD SOLID WASTE SAID TOWN, AND $7,800,000 SERIAL TO FINANCE SAID Recital WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board" and the "Town", respectively), in the County of Suffolk, New York, acting on behalf of the Southold Solid Waste Management District (herein called the "District"), in the Town, has heretofore determined to increase and improve the facilities of the District, as hereinafter described, and, after a public hearing duly called and held, the Town Board has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on this date, that it is in the public interest to so increase and improve the facilities of the District at the increased estimated maximum cost of $7,800,000 as specified in said Resolution and Order After Public Hearing, and has ordered that the facilities be so increased and improved at such cost and that the Engineer prepare specifications and an estimate of the cost and, 364162.1 019064 RES with the Town Attorney, the Town Board, Now, therefore, be RESOLVED prepare a contract(s) as soon as possible; it BY THE TOWN BOA_RD OF THE for presentation to TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $7,800,000 for the increase and improvement of facilities of the District heretofore authorized pursuant to the Resolution and Order After Public Hearing referred to in the Recital hereof, described as the capping and closure of the Southold Landfill, in Cutchog~e, in the District, consisting of the installation of a geo-membrane cap topped with dirt and sand and finished with asphalt s'~rface on the grading of the 29 acres, more or !ess, on the eas~ sid~ to maximize run off and the installation of a geo-membrane cap covered with vegetative supportive mulch and soil (hereinafter sometimes called the "Project"), all in compliance with the Stipulation of Settlement entered into by the Town and the New York State Department of Environmental Conservation, dated October 5, 1994. The estimated maximum cost of the Projec[, including preliminary costs and costs incidental thereto and to the financing thereof, is $7,800,000. The plan of financing includes the issuance of $7,800,000 serial bonds of the Town to finance the said appropriation and such amount, including payment of principal of 364~62.1 019064 RES and interest on said bonds, shall be assessed, levied and collected from the several lots and parcels of land within the District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within the Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town ar~ hereby authorized to be issued in the principal amount of $7,800,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New Y~rk (herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the specific object or the purpose for which said $7,800,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a.6-b of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 Department. (c) The Town Board, of the United States Treasury acting in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the New York State Environmental Quality Review Act ("SEQRA"), no substantial adverse environmental impact will be caused by the increase and improvement of facilities of the District; in connection therewith, and a duly executed Short Environmental Assessment Form has been filed in the office of the Town Clerk. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall budge[ of the Town by appropriation for redemption of the bonds and any notes thereof to mature in such year and be due and payable in such year. be made annually in the (a) the amortization and issued in anticipation (b) the payment of interest to 364162.1 019064 RES Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of shid bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. 364162.1 019064 RES Section immediately. This resolution shall take effect The amendment of the bend resolution set Section (B). forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond incurred, obligations have been incurred, resolution, as so amended. Section (C). immediately. resolution, and all such liabilities issued, or action taken shall be deemed to issued or taken pursuant to said bond This resolution shall take effect 364162.! 019064 RES The adoption of the foregoing resolution was seconded by CouncHperson RomaneHi and duly put to a vote on roll call, which resulted as follows: AYES: Councilpersons: Craig A. Richter Brian G. Murphy John M. Romanelli William D. Moore Justice /ousia Evans Suprvisor Jean Cochran NOES: None The resolution was declared adopted. Councilperson Romanelli resolution and moved its adoption: offered the following 364162.1 019064 RES RESOLVED BY THE TOWN BOA-RD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. The Town Clerk is hereby directed to publish the foregoing amended bond resolution, in summary, in "THE SUFFOLK TIMES," a newspaper published in Southold, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, form prescribed by Section State of New York. Section 2. immediately. together with the Town Clerk's statutory notice in the 81.00 of the Local Finance Law of the This resolution shall take effect The adoption of the foregoing resolution was seconded by Councilperson Murphy and duly put to a vote on roll call, Craig A. Richter 3ustice Louisa Evans Brian G. Murphy Supervisor Jean Cochran John. M. Romanelli William D. Moore which resulted as fellows: AYES: Councilperons: NOES: None The resolution was declared adopted. 364162.1 019064 RES CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town, duly called and held on March 13, 2001 has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the referred to in said extract. IN WITNESS WHEREOF, same relate to the subject matters I have hereunto set my hand and affixed the corporate seal of said Town this ]3th day of March, 2001. (SEAL) Town Clerk{ 364162.1 019064 RES ELIZABETH A. NEVILLE TOWN CLERK REGISTR.~MR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORi~TION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 164 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 13, 2001: In the Matter of the Increase and Improvements of Facilities of the Southold Solid Waste Management : District, in the Town of Southold, in the County of Suffolk, New York, : pursuant to Section 202-b of the Town Law. ORDER CALLING PUBLIC HEARING TO BE HELD ON MARCH 13 2001 WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town {herein called "District"), has heretofore determined, following the public hearing duly called and held on November 25, 1997, that it is in the public interest to increase and improve the facilities of the District, pursuant to the Resolution and Order After Public Hearing adopted on November 25, 1997, described as the capping and closure of the Southold Landfill, in Cutchogue, in the District, consisting of the installation of a geo-membrane cap topped with din and sand and finished with asphalt surface on the 11 acres, more or less, on the west side of the Landfill and the grading of the 29 acres, more or less, of the east side to maximize run offand the installation of a geo-membrane cap covered with vegetative supportive mulch and soil and ordering that such facilities be so increased and improved at the estimated maximum cost of $5,800,000, in compliance with the Stipulation of Settlement entered into by the Town and the New York State Department Of Environmental Conservation; and WHEREAS, due to increased costs of materials and labor for the project described above, the estimated maximum cost has increased by the amount of $2,000,000, to $7,800,000, to provide for such increased cost of said increase and improvement of facilities; and it is necessary desirable and in the public interest and the best interest of said Town to adopt this Order; and WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board has heretofore found and determined that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 13th day of March, 2001, at 7:30 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities at such maximum estimated cost ors 7,800,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the "SUFFOLK TIMES," a newspaper published in the Town of Southold and hereby designed as the official newspaper of the Town for such publication, post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and mail by first class mail to each owner (If the taxable real property in the District, a notice of such public hearing in substantially the form attached hereto designated Exhibit "A" and hereby made a part hereof, the first publication thereof, said posting and said mailing to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. TOWN BOARD OF THE TOWN OF SOUTHOLD an W, Cochran Supervisor Councilperson Members of the Town Board of the Town of Southold, New York Elizabeth A. Neville Southold Town Clerk of f~ of ~ ~d W~ the Town ~ of ~ Town of ~ ~ ~ C~n~ of Suffdk, ST~ OF ~W YO~ STATE OF NE-W YORK) )SS: COUNTY OF SUFFOLK) '~(~'~. ~r~'.LA~ ~ of Mattituck, in said county, being duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Matlituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for k weeks successively, commencing on the ~.~-.- day CHRISTINA T. WEBER . / .-.KJL Y No 01WE6034554 Swom to before me this by Ibc Town Bo~d of thc Town of Soedtold. S,~o& Count}.. New Yor~ ~ ~ct, consistin~ of ~ the T~n B~ of the Town of S~ in ~ Coun~ of Suffolk, Town H~I. 53~5 Main RoM. ~1, f~ ~ p~ of cond~fi~ a ~ ~d ~11, in Cutchogu~ in At ~ ~b~ ~g, ~ Town BY O~ OF ~ ~ BO~ OF ~ ~ ~ SO--OLD, C~ O~ S~L~ STA~ OF ~W YO~ ~old Town ~ for ~, of Co::....!sion L,~OLr~S Oecembor 13, ~.~ STATE OF NEW YORK) )SS: '~.,~L~~ of Mattituck, in said county, bein~ duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- fished at MatlJtuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said Newspaper once each week ( weeks successively, commencing the 7__7__ day Swom to before me this ~- day of ~--,~. 20 ~ J