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'
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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