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HomeMy WebLinkAboutSolid Waste Mgmnt Dist Property EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York April 6, 2004 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, Southold, New York, in said Town, on April 6, 2004, at 4:30 o'clock P.M. (Prevailing Time) There were present: Councilpersons: There were absent: Also present: Hon. Joshua Y. Horton, Supervisor; and Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Elizabeth A. Neville, Town Clerk Patricia Finnegan, Toxvn Attorney Councilman Thomas H. Wickham offered the following resolution and moved for its adoption. RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED APRIL 6, 2004, AMENDING SECTION 3 OF THE BOND RESOLUTIONS ADOPTED NOVEMBER 25, 1997 AND MARCH 13, 2001, RESPECTIVELY. BE IT RESOLVED BY THE TOWN BOARD OF THE 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 Town Board), AS FOLLOWS: Section 1. The Bond Resolutions of the Town of Southold, in the County of Suffolk, New York, adopted by the Town Board on November 25, 1997 and March 13, 2001, respectively, are hereby amended by adding to Section 3 of each Bond Resolution a new paragraph designated as paragraph (d) and to read as follows: (d) The proposed maturity of the serial bonds authorized pursuant to this Bond Resolution will be in excess of five (5) years. Section 2. This resolution shall take effect inunediately. The adoption of the foregoing resolution was seconded by Justice Louisa P. Evans_ and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Joshua Y. Horton, Supervisor Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards NOES: The resolution was declared adopted. CERT~ICATE I, LINDA J COOPER, Deputy Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that the foregoing annexed extract fi.om the minutes of a meeting of the Town Board of said Town, duly called and held on April 6, 2004, has been compared by me with the original minutes as officially recorded in the Town Clerk's 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 same relate to the subject matters referred to in said extract. liN' WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 4th day of April, 2004. (SEAL) Town Clerk ELIZABETH A. TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~ ~:~- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 315 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2004: RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ADOPTED APRIL 6, 2004, AMENDiNG SECTION 3 OF THE BOND RESOLUTIONS ADOPTED NOVEMBER 25, 1997 AND MARCH 13, 2001, RESPECTIVELY. BE IT RESOLVED BY THE TOWN BOARD OF THE 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 Town Board), AS FOLLOWS: Section 1. The Bond Resolutions of the Town of Southold, in the County of Suffolk, New York, adopted by the Town Board on November 25, 1997 and March 13, 2001, respectively, are hereby amended by adding to Section 3 of each Bond Resolution a new paragraph designated as paragraph (d) and to read as follows: (d) The proposed maturity of the serial bonds authorized pursuant to this Bond Resolution will be in excess of five (5) years. Section 2. This resolution shall take effect immediately. Elizabeth A. Neville Southold Town Clerk 1%111D 'M ~,11 ', el %MI RI( blAIL el NLt,$ ~ORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD BOND ANTICIPATION NOTE FOR INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT-2001 The Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this Note, or if it be registered. to the registered holder, the sum of TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000) on the 26th day of April, 2002, together with interest thereon from the date hereof at the rate of three per eentum (3.00%) per annum, payable at maturity. Both principal of and interest on this Note will be paid in inwf~l money of the United States of America, at North Fork Bank, Southold, New York. At the request of the holder, the Town Clerk shall convert this Note into a registered Note by registering it in the name of the holder in the books of the Town kept in the office of such Town Clerk and endorsing a certificate of such registration hereon, after which both principal of aud interest on this Notc shall be payable only to the registered holder, his legal representatives, sueeessors or transferees. This Note shall then be transferable only upon presentation to such Town Clerk with a written transfer of title and such Town Clerk shall thereupon register this Note in the name of the transferee in his books and shall endorse a certificate of such registration hereon. Such transfer shall be dated, and signed by the registered holder, or his legal representatives, and it shall be duly acknowledged or proved, or in the alternative the signature thereto shall be certified as to its genuineness by an officer of a bank or trust eempany located and authorized to do business in this State. This Note is the only Note of an authorized issue, the principal mnount of which is $2,600,000. This Note may be called for redemption on any date prior to maturity after the giving of at least five (5) days' wriiten notice of the date of redemption by mailing of written notice to the original purchaser, or if this No~e be registered to the registered holder, and interest shall cease to be paid hereon after such date of redemption. This Note is issued pursuant to the provisions of the Local Finance Law. constitutin Consolidated Laws of the State of New York, the bond resolution duly adopted by the Town Board on March 13. 2001, authorizing the issuance of $2.600,000 serial bonds for the increase and improvement of facilities of the Southold Solid Waste Management District. in the Town. and the Certificate of Determination executed by the Supervisor on April 27, 2001. This Note has been designated by the Town as a qualified tax-exempt obligation pursuant to the ~rovisions of Section 265 of the lnteroal Revenue Code of 1986. as amended. The faith and credit of such Town of Southold are hereby irrevocably pledged for the punetaal payment the principal of and interest on this Note according to its terms. It is hereby certified and recited that all conditions, acts and things required by die Constitution and statutes of die State of New York to exist, to have happened and to have been perlbrmed precedent to and in the issuance of this Note, exist, have happened and have been performed, and that this Note. together with all other indebtedness of such TO~A'tl t,l' SoUthold, is within eve,~' debt tmd other limit prescribed by the Cm,stitution ;md la~s of such IN WITNESS WHEREOF, the Town of Southold has caused this Note to be signed by its Supervisor, and its corporate seal (or a facsimile thereof) to be affixed hereto or impressed, imprinted or otherwise reproduced hereon and attested by its Town Clerk and this Note to be dated as of the 27~' day of April, 2001. TOWN OF SOUTHOLD (SEAL) AWFEST: BY~or 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 27th day of April, 2001, 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 to {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 Munic±pal 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 27=h day of April, 2001. -- -~ - T6w{~ Cl~rk Notary Pubfic, State of New York LINDA J COOPER Notary Public, Smt~ of New Yore N0;.4~22563, S~ Jelk County 367605.! 023466 CERT SCHEDULE A 1. ., 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. 367605. ! 023466 CERT ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~R OF VITAL STATISTICS i~kRRIAGE OFFICER RECORDS M.kNAGEMENT OFFICER FREEDOM OF INFORmaTION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 715 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23, 2001: WHEREAS the Town Board of the Town of Southold as the governing body of the Southold Solid Waste Management District held a public hearing on March 13, 2001 pursuant to Article 2 of the Eminent Domain Procedure Law, regarding the acquisition of temporary easements over portions of certain parcels of property located within the Town of Southold, in connection with the District's capping and closure of the Southold Landfill located in Cutchogue, New York. WHEREAS, the owner(s) of the following premises to be acquired and the District have reached an agreement with respect to the District's acquisition of the temporary easement over the premises listed below; and WHEREAS, it is in the mutual interest of the parties to enter into temporary easement agreements without the need to proceed with the eminent domain proceeding; and WHEREAS, the price per month agreed to with respect to the temporary easements specified in the agreement(s) are within the range of market value for such use of the parcel(s); and WHEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding and the uncertainties of litigation it is in the best interests of the District to enter into the temporary easement agreements at this juncture; and WHEREAS, the acquisition of these temporary easements are a necessary part of the closure of the Southold Landfill and, as such, constitute a Type II action under the State Environmental Quality Review Act and 6 NYCRR 617.5(c) (29) since undertaken pursuant to the Stipulation of Settlement dated October 5, 1995 between the Town of Southold and the New York State Department of Environmental Conservation. NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid Waste Management District hereby authorizes the Supervisor to execute separate Temporary Easement Agreement(s), in the form and substance as attached hereto, and any additional documents necessary to complete the acquisition of the temporary easement(s), with respect to the property(ies) listed below: Temporary Easement # Reputed Owner SCTM# lB John Krupski, Jr. 1000-95-2-P/O 1.001 Temporary Easement # Reputed Owner SCTM# 2A Bayberry Enterprises 1000-84-3-P/O 3 Temporary Easement # Reputed Owner SCTM# 3B 372 Jericho Corp. 1000-84-1-P/O 26.003 and be it further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Islet & Yakaboski, LLP., P.O. Box 389, 456 Griffing Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney. Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK) )SS: C~U~NTY OF SUFF~O_LK..) ~.4 O,~J/d--J of Mattituck, in said COUnty, bei~:j duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weeldy newspaper, pub- lished at Mattituck, in the Town of Southoid, 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 successi~,~ely, commencing on the ~-~ day c~-":'~':'~"~co~/ · ~ Pdnd~al Clerk Swom to before me this day of ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS IVL~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 345 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2001: WHEREAS the Town Board of the Town of Southold as the governing body of the Southold Solid Waste Management District held a public heating on March 13, 2001 pursuant to Article 2 of the Eminent Domain Procedure Law, regarding the acquisition of temporary easements over portions of certain parcels of property located within the Town of Southold, in connection with the District's capping and closure of the Southold Landfill located in Cutchogue, New York. WHEREAS, the owner(s) of the following premises to be acquired and the District have reached an agreement with respect to the District's acquisition of the temporary easement over the premises listed below; and WHEREAS, it is in the mutual interest of the parties to enter into temporary easement agreements without the need to proceed with the eminent domain proceeding; and WHEREAS, the price per month agreed to with respect to the temporary easements specified in the agreement(s) are within the range of market value for such use of the parcel(s); and WHEREAS, in light of the costs attendant to proceeding with the eminent domain proceeding and the uncertainties of litigation it is in the best interests of the District to enter into the temporary easement agreements at this juncture; and WHEREAS, the acquisition of these temporary easements are a necessary part of the closure of the Southold Landfill and, as such, constitute a Type II action under the State Environmental Quality Review Act and 6 NYCRR 617.5(c) (29) since undertaken pursuant to the Stipulation of Settlement dated October 5, 1995 between the Town of Southold and the New York State Department of Environmental Conservation. NOW BE IT RESOLVED, that the Town Board, as the governing body of the Southold Solid Waste Managemem District hereby authorizes the Supervisor to execute separate Temporary Easement Agreement(s), in the form and substance as attached hereto, and any additional documents necessary to complete the acquisition of the temporary easement(s), with respect to the property(ies) listed below: Temporary Easement #: 2B Reputed Owner Blast Holding LLC SCTM# 1000-84-3-P/O 5 Temporary Easement #: 4A Reputed Owner Frank Lyburt and Donna Lyburt SCTM# 1000-96-1-P/O 16 Temporary Easement #: 4B Reputed Owner First Baptist Church of Cutchogue SCTM# 1000-96-1- p/O 13.001 and be it further RESOLVED, that the Town Clerk is hereby directed to forward a certified copy of this resolution and the attached synopsis to Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP., P.O. Box 389, 456 Griffing Avenue, Riverhead, New York, 11901 and Gregory Yakaboski, Town Attorney. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS ~,La. NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 285 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2001: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Cochran to execute an agreement with Nelson~ Pope & Voorhis for the completion of environmental site assessment for the McBride property adiacent to the landfill, identified by Suffolk County Tax Map #1000-096-1-2, all in accordance with the submitted proposal and Town Attorney approval. Elizabeth A. Neville Southold Town Clerk nls~ized to mpemi mone), ~ if the ~ o~'lsw ~leh sho~M have be~ ~mpli~d ~b m of ~ d~ of Objecl or pm'pose: Increase and Id~ls~"la~t [~str~ct, dosc~ibed as ~ ~ of the ~ -~ :~t-~ reputed ~, '~ ~ of ~c ~ . ~ T~ ~, T~ n~ 11~. '. ' ~o~, New Y~k ~ 0~ O~ ~ ~ OF ~ ~ ~old ~ ~ STATE OF NEW YORK) )SS: COUNTY OF SUFFQLK) "~.-['~L/, l '~"3~ of Mattituck, in said county; bein[~ duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weetdy 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 pdnted copy, has been regularly pub- lished in said for ~ on of Newspaper once each week weeks successively, commencing the '7...~ _ day Swom to before me this 7~'-~_ day of ~lv~¢~-,q~ 20 o t 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 Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, Southold, New York, in said Town, on March 13, 2001, at 7:36 o'clock P.M. (Prevailing Time) (Actual meeting was held at 9:30 pm) There were present: Councilpersons: Hon. Jean W. Cochran, Supervisor; and Justice Louisa P. Evans William D. Moore Brian G. Murphy John M. Romanelli Craig Romanelli There were absent: No ne Also present: Elizabeth A. Neville, Town Clerk Gregory F. Yakaboski, Town Attorney John Cushman, Town Comptroller 3627[5.1 ~23466 RES At 7:36 o'clock P.M. (Prevailing Time), the Town Clerk stated that a public hearing had been called for this meeting at the Town Hall, Southold, New York, in the Town of Southold, at said time, to consider the increase and improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, consisting of the acquisition of the certain piece or parcel of land (SCTM #1000-096-1-2, reputed owner, Francis J. McBride) containing seventeen acres, plus or minus, of property immediately adjacent on the west side of the Southold Landfill, in Cutchogue, for the purpose of relocating the District's existing yard waste composting and brush collection activities, due to the commencement of the capping and closure of the Southold Landfill, and obtaining additional space for future District activities, 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 No. 2 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, 95N.Y.2d 516, has been duly mailed by pre-paid first class mail to each owner of real property subject to assessment for the said increase and improvement of facilities in said District. The Supervisor stated that the hearing in the matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of said increase and improvement of facilities of the Southold Solid Waste Management District: 362715.1 023466 R~S The following persons appeared in opposition to said increase and improvement of facilities of the Southold Solid Waste Management District: See Attached Minutes received: The Town Clerk reportedthatthe ~llowing peninentcommunications had been None The Town Clerk then read such communications to the meeting. The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. Councilperson On motion of Justice Evans., duly seconded by Romanelli , the following Resolution and Order After Public Hearing was duly declared adopted on the following roll call vote: AYES: Councilpersons: NOES: None Craig A. Richter Brian G. Murphy John. M. Romanelli William D. Moore Justice Louisa Evans Supervisor Jean Cochran 362715.1 023466 RES PUBLIC HEARING MARCH 13, 2001 7:36 P.M. (9:30 P.M.) ON THE 202B BOND FOR THE PURCHASE OF THE PROPERTY OF MCBRIDE, SCTM #1000- 096-1-2. Present: Supervisor 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 To~vn Attorney Gregory A. Yakaboski Tom Maher, Dvirkia & Bartilucci Consulting Engineers Frank A. Isler, Special Counsel C. Voorhis,Nelson, Pope & Voohris,LLC,Consulfing Engineer Tony Conetta, Dvirka & Bartilucci, Engineers SUPERVISOR COCHRAN: Councilman Richter will read the next public notice in relation to the purchase of the properly next to landfill known as the McBride property. COUNCILMAN RICHTER: "Notice is hereby given that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meeting at the Town Hall, 53095 Main Road, Southold, New York, at 7:36 o'clock P.M. (Prevailing Time), on March 13, 2001, for the purpose of conducting a public hearing to consider the increase and improvement of facilities of the Southold Solid Waste Management District; consisting of the acquisition of certain land (SCTM #1000-096-1-2 reputed owner Francis J. McBride) containing seventeen acres, plus or minus, immediately adjacent on the west side of the Southold Landfill in Cutchogue in Southold, at an estimated maximum cost of $2,600,000. At said public hearing the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated February 16, 2001. By order of the Town Board of the Toxvn of Southold, County of Suffolk, State of New York. Elizabeth A. Neville, Southold Town Clerk." I have an affidavit that it was posted on the Town Clerk's Bulletin Board, and it was printed in the official local paper. I have no correspondence. Thank you. ROBERT PFLUGER: Excuse me. It says here 7:34 you skipped the ~vhole God dam thing. You are supposed here a heating on eminent domain. SUPERVISOR COCHRAN: We can have that one first. We do it either way. We just felt there were more people here for this one. We will be getting to that one also, and by laxv we can start late, but we can't start early. Okay? So, we decided to do this one, and then we will do that one that next, and then McBride 2 we still have one more to go. Thank you. You have heard the reading of the public notice, and Jim, are you going to address this first? JIM BUNCHUCK: Yes, I will kick it off again. First of all, to set one thing straight, because we got a lot of phone calls up at the Landfill after this notice was received. The Town is not spending, we are not proposing to spend 2.6 million dollars per acreage. Only a fi.action of that amount, roughly a third, is actually for the cost of the property. It works out to about $55,000 an acre. The rest of the bonding authority is being requested for improvements, there is that word again, to the property ~vhich essentially means preparing in accordance with regulations that would need to be done to do composting, to basically maintain the services that we are providing to residents now for receiving brush, yard waste, continuing the Spring and Fall Cleanups, and having an area to receive material, process material, and create usable mulch compost for the residents. The reason, of course, for having to do or want another location is when the landfill itself is capped all of our operations that are happening on the property now have to be relocated. Everything but the yard waste we can handle closer to the building. We have plans for that, but the yard waste obviously takes a lot more room, and that is the one thing we weren't going to be able to continue with, so the Board decided that in order to continue the service, obviously it's a Town service, but if we didn't do it there would be no other Town facility, and there is no other legal private facility in the town to handle yard waste, and we would be a position of having to probably if we could receive anything at all, having a valuable resource received, and then turned around and shipped out at significant cost, and probably never see the benefit fi-om keeping the material in the town. So, basically the difference between, I think, the acreage cost is around $950,000 of the 2.6. The difference between that and the 2.6 is the potential estimated cost of all the equipment, and effort needed to prepare this site. This is the piece of property here, to prepare that for a legal and a DEC permitted facility. It is, again, the authority to borrow the money. It doesn't mean the To~vn is actually going to borrow the full amount, and there are some options in there that could probably keep it under that, but in planning this we needed to make sure that the full scope of the project is before the public, and that is the maximum estimated cost that ~ve felt it would come to. SUPERVISOR COCHRAN: Tom, perhaps you xvould like to explain somewhat in relation to the capping the availability of that land has to be had. TOM MAHER: As Jim had mentioned just before the DEC really discourages any type of active activity on the landfill cap, and because of that the composting operation is active. It uses heavy machinery, payloaders, that can dig into the dirt. Therefore get into the cap. So, because of that the To~vn needed another area, in which to do it's composting, and felt that the most appropriate site would be adjacent to the landfill. It would be easier to accommodate compost. Also, people are used to coming to the landfill to drop offtheir leaves, so that is why this particular site is selected by the town. Again, it is a requirement, because we can no longer compost on top of the landfill. As a matter of fact one of the things that the To~vn Board had us take a look at was to actually construct a compost pad on the landfill itself. Really it is an option, but it was just cost prohibitive, and the State is very reluctant to approve it, so the Town really had no other option but to secure this property. COUNCILMAN MURPHY: Also there is another preface to this, on that west side of the landfill the refuse and buried garbage goes fight to the property line, so we actually have to go over onto that property with the cap to be able to securely cap. McBride SUPERVISOR COCHRAN: Actually it not so much coming on that property. It is having property adjacent to where the liner has to come. It has to come fight to the boundary on that side, so we really don't have a choice in trying use that property, or get an easement, or purchase. We had no other choice on that. Frank, you want to add anything to that? FRANK ISLER: I think the reasonable for the proposal was presented. Mr. Voorhis is here, who has done the environmental review of the process. The Board in February took a hard look at this proposal, and based on the analysis that has been done and presented to the Board the environmental impacts of the proposed acquisition of this property, and it's use as described was fully evaluated, and there was Board action on that back last month, and the Board has taken a hard look on those aspects of the project, and today% issue is really a public view of the amount of the bond, and as indicated that doesn't mean it will be spent. SUPERVISOR COCHRAN: Chick, do you have anything to add? Mr. Voorhis is our environmental consultant on the project. CHICK VOORHIS: Thank you. Yes, our office was engaged to conduct an environmental review, as Mr. Isler indicated. This involved preparation of several forms, a Part I and a Part II Environmental Assessment Form, and any narrative analyzing some of the potential environmental issues associated with this. In doing that we looked at a number of issues including what this property could be used for under current zoning and you most recognize it, it is currently in an LIO Industrial zoned area. It is adjacent to a municipal landfill. It has about 400 feet of frontage on 48, and basically could be utilized trader the current zoning at some point in the future So, that is factored into the evaluation, as well as analysis of traditional environmental impact, such as are there wetlands on the property, is it vegetated. We know, of course, that it is an agricultural field. It is basically fiat. Under this property the depth of groundwater is about thirty-five feet. We looked at the context of it in the area, and evaluated it in relation to the criteria for determining environment significance coming to the conclusion that the acquisition and the potential use of it under the guidelines that were presented to the Board would not have a significant adverse impact on the environment. That documentation has been prepared for the Board's benefit. SUPERVISOR COCHRAN: Thank you. TOM MAHER: One other thing I would like to mention is because this is recycling, composting, any operations or construction on the site, plus the acquisition cost of it is 50% grant eligible through New York State, so again while the Town is bonding for a certain amount about 50% of that money will be reimbursable. SUPERVISOR COCHRAN: Anyone like to address the Town Board in relation to the pumhase of the McBride purchase? SANFORD HANAUER: Sanford Hanauer, Mattituck. On your breakdown here could you explain what will we get for $700,000 for site development? JAMES BUNCHUCK: I could look at some of that, but actually we have the engineer here who has been working on the permit application to the DEC for proposed composting activities. Tony Conetta, McBride and he can answer some of that. TONY CONETTA: First of all I would like to preface that unlike the previous heating with the landfill closure with years of analysis and engineering work has been performed and the cost (tape change) so that the composting operations can take place, so that heavy equipment can move about on the site without damaging the subsurface, and causing ruts and depressions. Additional site preparation work would involve an entrance, an exit, parking areas for employees, a staging area for the receipt of the yard waste, an area to sort the yard waste, and probably shred leaves and brush, a stockpile, some of that in preparation for the actual composting operations, an area to stockpile the finished product for curing, and then shipment offsite or a collection by residents. The perimeter road around the whole site, that road would probably be about twenty-five feet wide to allow trucks in both directions. There would need to be a drainage basin to collect the drainage particularly all or part of the operations involved which is called a bag system, which is a large plastic bag that doesn't absorb water such as a windrow absorbs water. Also, there would be lighting necessary. There would be a well or probably a water supply brought in. A small office, a small gatehouse, a berm with some trees to provide some visual shielding. So, that is easily about fifteen different construction items. When the detailed engineering is performed there would probably be more added to that list. Just preliminarily we are looking at about fifteen or twenty construction items. If there is a small office given the distance to the collection center, it would probably be a septic system, sanitary facilities, so that is where roughly the $750,000 in site preparation and construction costs come fi:om. PETER WALKER: Peter Walker, Cutchogue. Also a question on site development especially you are saying, roads, they are dirt roads, correct? We are not going to have paved roads there are we? TOM MAHER: We are talking about perimeter road around the outside. It would have to be sufficient to handle some of the equipment so it probably wouldn't be dirt. It might be a hard surface, not necessarily asphalt or poured concrete. It could be crushed stone. It could be recycled concrete. It would have to constructed and graded, and sloped so that it drains to the drainage basin. PETER WALKER: You also said up there that you put the drainage basin, Mr. Bunchuck, for capping that? So, wouldn't that be used for the same? JIM BUNCHUCK: Probably not, because you would have to weigh the cost of keeping your drainage on the 17 acres versus the cost of collecting it, and then conveying it to another location. TOM MAHER: Also I might add that the basin at the landfill has been sized for a particular sized storm, so if you diverted more water to it, then it wouldn't be able to service that the landfill has designed. So you are going to need another. PETER WALKER: It seems a little high to me, but let's move on to equipment, $600,000 for equipment. Didn't xve just buy a brand new sausage machine there to do the composting. JIM BUNCHUCK: Yes, the Ag-Bag system ...first of all the Ag-Bag System would not most likely be used to enclose all of the yard waste we would receive. It is more suitable to leave compost, or leaves rather, shredded leaves, grass, and enough shredded brush or wood chips to provide aeration and bulking. The entire xvaste stream of the town in the bags is possible, but we don't want to lock McBride 5 ourselves into that, because then we are going to be really starved for nitrogen, the material that we need to add to the wood chips. The majority of the stuff after that would be wood chips. I think we can make it work with our leaf stream, which would speed up the composting of the leaves, and reduce the labor needed to mm them and all that, because obviously that won't be necessary, but because of the volume, and because we are going to do all of it, the bond does allow for a trade in of the Ag-Bag machine that we have to a self-propelled baggier. Again, it is all potential. These costs when we were asked to come in with prices for equipment it was, what do we think we could need that if we could start and find out later to make it work properly, or make it work efficiently we wouldn't have to come back and rebond, do another bond issue, so while the money is there to buy some of that stuff it is not set in stone that it is going to be bought. I think we will try to make due with what we have, but if we find that we would want some equipment or need some equipment to make it work better than the bond issue would allow for that purchase. PETER WALKER: How about the dirt? You say you have to remove the dirt. Wouldn't the Town be doing that, and would we be putting it on your landfill? JAMES BUNCHUCK: We would probably, since we need to have a berm by regulation again, the DEC required that this property be shielded fi.om the neighboring properties, we are proposing that the top soil be scraped up, and used in the berm. Some of that might be left over, but at this point we don't know how deep it is, so we don't exactly the volume of soil we will get. It will probably be something on the order of 25 feet wide at the bottom of the berm, which kind of dictates the height of eight, or twelve, or eighteen feet, xvhatever that would be, but that is over a thousand feet north, south on the western side, and then the northern boundary going east and west. It is a lot of material. We need to scrape it also, because we don't want to have a mud pile when we get into operations. You know, we really want this to be working properly, and also be permitable by the DEC. Anything that happens here, incidentally, is really going to subject to a plan that they are going to approve, so these are all things. PETER WALKER: Even the berm you are not going to be putting all top soil. You will be putting a base down. JAMES BUNCHUCK: We can probably mix in some wood chips, sand, or something, but again as Tony said it is preliminary for what the cost is really going to be, so the cost there were estimates based on what is the maximum potential we felt would satisfy the project. PETER WALKER: Finally, the legal bills on both these bond issue it is over $170,000, what is our legal department doing in the town? SUPERVISOR COCHRAN: John, can you pick this up. Part of it is bond counsel. Greg, do you want to ansxver this. JOHN CUSHMAN: Bond counsel is shown separate. This for outside legal counsel. PETER WALKER: Why can't we handle that? TOWN ATTORNEY YAKABOSKI: Frank Isler, if I could put you on the spot for a second. Could McBride you, please, some of the reasoning? FRANK ISLER: The numbers on the two different projects firom outside counsel that excludes bond counsel was a worse case scenario, if every single piece of property that the town needs to apply on either a temporary or permanent basis had to go through a full eminent domain evaluation trial. It is our expectation that none of that will happen, and as is the case with some of these other items on the budget in order to avoid the cost of the multi-bond hearings and bond projects we were asked to project the absolute worse case on legal fees and have it authorized at the start if we are going to have to condemn property, go to eminent domain trials, and expert testimony and the like, so that is a figure that is remote to actually being incurred but necessary to be included in the cost of the project. PETER WALKER: So that wouldn't be under contingency fees? FRANK ISLER: Not this piece of it. PETER WALKER: Okay, when this is all said and done, both these bonds, are we going to get the final notice, and are we also going to get what the State is giving us, this 50% on the this one, $2,000,000 on the other one? SUPERVISOR COCHRAN: John can work that up. JOHN CUSHMAN: Sure. SUPERVISOR COCHRAN: We can work it out. PETER WALKER: Thank you. SUPERVISOR COCHRAN: Frank? FRANK CARLIN: Frank Carlin, Laurel. You know listening to these open statements here it exactly proves what I said when I opened up this evening. That whole place should be shut down. It is going to cost these townspeople money. I can see it starting in here already tonight with all this here. Shut it down. You know what the trouble with this town is, this board is? We are 20,000 people in this town, and we are trying play big league baseball. You got to close it down. The people in this town I hope they realize what I am trying to say. I might not be here when they realize this. It is going to start costing these people. It is going to keep multiplying, and multiplying, and multiplying, and multiplying. Now here is one thing I don't understand on the first public notice, let me read it to you. Public hearing to consider the increase and improvements of the facility of the Southold Waste Management. The next public meeting, to consider the increase and improvements of the facility of the Southold Waste Management District. Now, you got two issues on two different public notice here. Now, what are you doing? Putting some in this issue back up to the $7,000,000 one, and a $7,000,000 one, that one to the $2,000,000 one? That don't make sense to me. That got me confused, but anyway has anybody got on that 17 acres done an environmental study on the water? Has H2M people studied the water conditions? Is it contaminated or not on 17 acres? Has a study been made on that water? SUPERVISOR COCHRAN: It is not our property yet. McBride 7 FRANK CARLIN: Well, you are going to buy it. SUPERVISOR COCHRAN: Hopefully. FRANK CARLIN: Well, don't you want to find out if the water is contaminated or not? SUPERVISOR COCHRAN: It probably is. COUNCILMAN ROMANELLI: There is an environmental study going to be done on the water. SUPERVISOR COCHRAN: It will be. FRANK CARLIN: You are going to do it before you buy the property, aren't you? SUPERVISOR COCHRAN: Probably. COUNCILMAN MOORE: Yes. FRANK CARLIN: Okay. Helen Brown's property is west of that. She had real contaminated water like I explained before. So, I hope you do it before you buy the property, and to spend $55,000 an acre, what are we growing in that area, gold stones? SUPERVISOR COCHRAN: I think so, Frank. FRANK CARLIN: Here's one for you, Madam Supervisor. I am sorry but what I say I believe in, and I can prove what I say, because everything what I said tonight it is all here. I can always prove what I say. Anyway, you said in the Traveler-Watchman, March the 1st that the average acreage in Southold Town runs between $25,000 and $30,000, and now you are talking that you want to spend $50,000. SUPERVISOR COCHRAN: I never said that. What paper? FRANK CARLIN: In the Mattituck Traveler-Watchman I believe that is the front page. COUNCILMAN MOORE: Agricultural land, Frank, AC. SUPERVISOR COCHRAN: AC. FRANK CARLIN: So, what is this? SUPERVISOR COCHRAN: Industrial FRANK CARLIN: So, all of a sudden now it goes to $55,000. Come on. You guys are killing me now. Come on. COUNCILMAN MOORE: We can not pay more than an appraisal says. We can't give away the McBride 8 Town's money. FRANK CARLIN: What are you going to do with this land when you buy it? COUNCILMAN MOORE: There was a presentation just made. FRANK CARLIN: Do you have any positive way what you are going to do with this land? COUNCILMAN MOORE: This land .... FRANK CAR_LIN: You think what you want to do with it. COUNCILMAN MOORE: Never mind. We had a whole presentation. Hopefully the folks listening here heard what the proposed concept of this piece of property. FRANK CARLIN: $55,000 an acre for possible contaminated land, but you don't know it. COUNCILMAN MOORE: I don't think I said that, Frank, I think I said you hadn't been listening. FRANK CARLIN: What haven't I been listening? COUNCIl.MAN MOORE: What the proposal was for the use of the piece of property. Jhn Bunchuck just explained it. It is increasing the composting process, and the yard waste program. FRANK CARLIN: ~rust what I said before again, close that whole thing down you wouldn't have none of these problems. SUPERVISOR COCHRAN: This is not the court order, Frank. There are things here that we have to do. FRANK CARLIN: Thirty-seven years I know how this town operates. SUPERVISOR COCHRAN: That is tree, Frank. COUNCILMAN MOORE: Farmers had their own farm dumps. FRANK CARLlN: You drove fight in, dumped over the cliff. COUNCILMAN MOORE: That was the good old days. God bless the environment, right Frank? FRANK CARLIN: I should have brought the picture I showed you about t~vo months ago of that cesspool where they used to dump all that waste. I brought you color pictures of it one Board meeting. Pictures back in 1986 when you dumped all the sewage into there, and dump everything in there. Pollute that area with everything dumped in there from the kitchen sink all the way down. There was no control. The3~re no building, no scales. Track drove in dump whatever they want. I got pictures of that in black and white, and color. McBride 9 SUPERVISOR COCHRAN: That is why the DEC has us doing what we are doing today. FRANK CARLIN: That is why it should have been closed down ten years ago like I said. Anyway I still don't buy that $55,000. I don't buy all this, like I told you once before, all this open space. Now you are getting up to $4,000 an acre. The last time I was there it was $12,000 an acre. People keep telling me I should mn for office on the town. Maybe I could straighten this town out a little bit. SUPERVISOR COCHRAN: Do you see what they are paying Southampton for farmland development rights? $200,000 an acre. FRANK CARLIN: What that mean to us? They have money over there compared to what we have over here. Right? You know there are a lot of rich people over there can afford it. These people here are working people over here trying to raise their families, and pay their taxes. SUPERVISOR COCHRAN: Thank you for your comments. ALICE HUSSIE: Alice Hussie. I have question concerning 259, 260, and 262, is there some point of interrelation between them, because 260 talks about a bond resolution to appropriate two million six hundred blah, blah, blah for the Solid Waste Management District, which is the McBride property purchase, right? Then 262 talks about eminent domain. COUNCILMAN MOORE: Frank can explain it. We are running tracks at once here. ALICE HUSSIE: We are rtmning two tracks at once. IfI can extract from this little bit we are tr,ting to buy it, but at the same time we can't buy it until you (unintelligible) JUSTICE EVANS: And we need the money either way. ALICE HUSSIE: Okay. James, how many tons of yard waste have we average over the years, in the last four years? JIM BUNCHUCK: We average approximately 10,000 tons a year. ALICE HUSSIE: We have been able to operate with that with the property the fifty-some acres that we have? JIM BUNCHUCK: We have stockpiled that. We have been able to operate minimally with that, but again, it is not to permanent system. We stockpile the wood chips and the leaves we turned into mulch, and of course, that has been the most successful part of the program, because we have a giveaway program, and we have been selling the remainder. ALICE HUSSIE: But 10,000 tons is the bottom line? JIM BUNCHUCK:: Right. .. · McBride 10 ALICE HUSSIE: Okay. Mr. Connetta, I recall a few years ago that you proposed and we paid you tens of thousands of dollars to propose this, that we could use the eleven acres on west side of the landfill, macadam it over, or put some sort of a surface over it, and use that for the composting. It was eleven acres then, and then when we got the Ag-Bag System it was reduced to four acres, which you also said, yes, and which the DEC said, yes to. Question, why do we have to spend many dollars to move west? TONY CONETTA: In terms of acres, the eleven or so acres that was looked at on the west side of the landfill back around five or six years ago, or it might even be longer, much of that was going to be over what is now known to be fill. It was not known to be fill at the time. ALICE HUSSIE: We did borings and all that sort of stuff. We even got prices. TONY CONETTA: Now we know that is fill. ALICE HUSSIE: Why didn't we know that then? TONY CONETTA: We hadn't done the closure plan. ALICE HUSSIE: What did we pay you for? TONY CONETTA: We had not come to closure plan at the time that we did that. Then it was determined that it could not be put there, because if it was put on the west side of the landfill it would be over a cap. Now we have the seventeen acres. In order to develop a yard waste composting site you need a fifty foot buffer all around it. You need a drainage basin. You need an area to receive, and stockpile it, and sort, and shred, and stage, and parking, and none of that can be over a landfill. After all of that is taken away to usable compost area for this site, it will mm out to be around seven acres. The seven acres is about what we had estimated. You said four, but at the time that we did the analysis there xvas not yet a full discussion of an Ag-Bag System. ALICE HUSSIE: That is right. TONY CONETTA: So, now what we are going to have here is about seven acres of space for composting, which is really in the same order of magnitude of what we had looked at five or six years ago. ALICE HUSSIE: How are we going to double our input, our intake, of yard waste to justify those seven acres rather than four? JIM BUNCHUCK: Right now, I don't think we can double the intake. ALICE HUSSIE: We can just produce so many leaves. JIM BUNCHUCK: Well, there will be growth of the years, too, and you know seven acres is probably not too much to want for that purpose. In addition we would certainly an area to stockpile material, and store, while xve hope the sand pit will be available for some of that we won't really know once the capping is done. There is going to be a recharge basin back there. We really don't want to mn a split : . McBride 11 system if we don't have to but obviously as the town grows, and you know, storage and what not, hurricanes. ALICE HUSSIE: The town isn't u'ying to grow because they are constantly talking aborn we don't have enough water, and we can't put up more than 700 more homes, and all that sort of stuff, so I don't think the town is going to grow to that magnitude. What happens to the burrow thing? I thought that was going to be used. JIM BUNCHUCK: The pit was originally thought of but to be honest again for any kind of emergency situation or storm we have virtually no place to put anything. We would be unable, you know we would be really squeezed in there with our operations with the inflow of material, and in rethinking it for Board one of my feelings was, while we might be able to make due in there for a couple of years very quickly we would really mn out of space unless we absolutely maximized every square inch of property there. ALICE HUSSIE: That is what you say, but we have paid good money to engineers, professionals, who were supposed to be telling us how to do this, and for many years we have been going along thinking that we could use the eleven acres on the side for the composting. Now, suddenly we can't use it? There is something wrong here. Perhaps we should have our money back. TOM MAHER: Alice, if I could answer that? I think Tony tried to explain before that the eleven acres that was originally looked at was thought to be virgin ground until .... ALICE HUSSIE: No, we knew that it wasn't. TOM MAHER: A large part of it was. What we found out, in fact the recharge basin we though was a virgin area, but waste is throughout the landfill, so would have precluded just putting an asphalt surface on it. One of the things I mentioned before is before at the request of the Town Board we took a look at putting a composting pad on top of the landfill cap, so they wouldn't have to go off site. A four acre pad would have cost 2 and a half million dollars, which is probably about the same price of a new operation, new land, new equipment, new construction, and that property gives you 17 acres in which to operate, seven to ten acres of which is useable for composting. The other would have been only four acres at 2 and a half million dollars, so it just didn't make sense to do it. ALICE HUSSIE: Okay, then let me ask you this question. This is directly at you, Mr. Maher, because when I was still on the Board I was asked those are the people that own that property to the west, at your suggestion because we needed fifty feet in order to get the equipment in, and in order to get the equipment in and in order to cap the landfill. That was your suggestion. TOM MAHER: It was called a construction easement. ALICE HUSSIE: We had a couple on the east side also. Now I see ~ve need a couple in the front we need a couple in the back, so you change your mind again. How come you went through that exercise to ask about the easement if in fact we needed that land for the composting? Didn't you know that at the time? McBride 12 TOM MAILER: I doit think any commitment was made by the town to look at that property for the purposes of composting. ALICE HUSSIE: But you suggested that we just get an easement. TOM MAHER: At that time, yes, because we need the construction easement just like we need on the north side, the south side, and the east side of the landfill. It is consistent of what we have always needed. It has gone beyond that now, because they are looking at the property for composting facility, but the original time was just for the purpose of construction. It is consistent. ALICE HUSSIE: I don't know if this it true or not, but I sort of recall that a number of years ago I was going to Huntington, and tried to strike up some sort of deal whereby we would do a (unintelligible) where they would have to pay $30.00 a ton to have their leaves burned in Babylon, I believe it was, and rather they would send them here in our Ag-Bag System. I guess I should direct this at you, Madam Supervisor. Are we going to do that? I suspecting that maybe that is why we are suddenly needing this big space. SUPERVISOR COCHRAN: Alice, we are investigating all options. An option is that we could take waste fi-om Huntington. An option is that we could enlarge our compost facility and sell compost at some point in time. We capture funding. It is a possibility, because I had concern, and I shared it with the Board with being involved on a State level and so forth, in relation to where is our garbage going to go when they close Fishkill. You know the amount of garbage that New York City generates. Carters and landfills in Ohio, Pennsylvania, these people are not going to be interested in Southold's piddley little garbage. They are going to take the large contracts. We don't know ~vhere we will be able to take our garbage. Huntington has an incinerator. We have garbage to get rid off They have leaves to get rid of. It is an option. This is something we have looked at. Decisions have not been made yet, but we are looking at it. We are looking at every option humanly possible. I have just been in Pennsylvania, and reading local papers they do not wish to enlarge landfills. Every place you go you see big signs on people's lawns, say no to enlarging the landfill. ALICE HUSSIE: I would just caution the Board to lean on the side of conservatism let's say. If you do intend, if part of your scheme is to enlarge the composting area using those 17 acres because you anticipate yard waste coming from Huntington I hope that you don't spend a penny of the two point whatever million dollars it is without having a signed agreement from them. I wouldn't build a house saying, oh do you want a house, here's your house, what price you want, okay I will build it, you are going buy it from me? SUPERVISOR COCHRAN: Alice, I believe the Board will talk term and things. ALICE HUSSIE: I know, but I am worried about this thing happening all of sudden. This has grown something fierce. SUPERVISOR COCHRAN: What thing happening all of a sudden? ALICE HUSSIE: This 17 acres on the xvest side. Listen, I was on the Board. I was with the Solid Waste Task Force. I was down at your offices, the D&B, deep in this sort of stuff, but at the time we McBride 13 were convinced that was the way to go. Those 11 acres would have the cap on it, and all that business, and now that is not the case. It almost seems like it is making work for somebody. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? ROBERT PFLUGER:I am Bob Pfluger, Southold. I have one option that you might want to check into on the additional property. Why don't you just track it out? What is the sense of spending all this kind of money when there is other place on the island that will take it for $8.00 a yard for everything. One question besides that. The high cost of landfilling for the dump fees that you charge right now. As for example C&D, Mr. Bunchuck, how many tons of C&D do you get in a year? JIM BUNCHUCK: Approximately 3,000. ROBERT PFLUGER: Three thousand tons. You charge $120.00 a ton, correct? JIM BUNCHUCK: Yes. ROBERT PFLUGER: How long have you been collecting it, and how much tons come in and how much tons go out? JIM BUNCHUCK: Last year I think we sent out about 500 tons. ROBERT PFLUGER: Five hundred tons out of three thousand? JIM BUNCHUCK: Right. ROBERT PFLUGER: That is a savings to the town. Quite a bit of money, isn't it, because you have been landfilling it, because the DEC said you can do it. So, you charge the taxpayers $120 a ton, Originally you had a contract with one company, a trucking outfit to do it for $58 a ton to haul it out. Now you don't take anything out. JIM BUNCHUCK: I don't set the fees for the different items. The C&D fee was designed to try to divert as much of that out of the landfill as possible because it was a problem item, and if it was actually much more than what get now we would still be. We were given temporary permission to bury in the lagoon, minus the portion they didn't want. They didn't want sheetrock. They didn't want insulation. They didn't want some other things going in there, so that is what is getting shipped also the big material like the railroad ties, and what not. But, as far as the offsetting savings to the town by doing that it means we didn't have to import fill or buy contaminated fill or whatever we would have had to do to fill those lagoons. It has enable us to keep the revenue coming also which while there is a big differential between what we are getting and what it was costing to do get rid of, in essence it has given us a surplus at the end of the year, which is being used to pay the cost of the capping, so whether intended or not it also served the purpose of being something of a escrow account that we have been able to use for the landfill. So, really I think the taxpayers have probably benefited from it. ROBERT PFLUGER: All the fees on the dump fees and stuff for C&D, 3,000 tons, $120 a ton, where do they put that money right now? Where does that go to? McBride 14 JIM BUNCHUCK: It stays in the district. Because we are a district the money can't be used in any other part of the Town Budget. So, it stays there, and at the end of the year if there is a surplus it gets carried over. I know my tax bill this year for the waste district dropped by $25 or $30, I think, so I think that is really the impact fight there is that we had that money to offset other costs. ROBERT PFLUGER: Why couldn't you pass it on to the consumer and do it for sixty dollars a ton? It doesn't cost a dime to bury it. JIM BUNCHUCK: It cost a little bit in manpower, but I think the answer is that whatever money has been accumulated as the result of it has either resulted in a tax decrease this year, or in the case of still having a surplus at the end of the year. It has been able to be used in, you know, in the cost of running the landfill, which includes the capping. ROBERT PFLUGER: You can look into this thing about tracking, not the C&D, but the brash and stumps and all that stuff, yard waste, have all that compost stuff. You have Ag-Bag system, which you haven't used. You have a permit for that? JIM BUNCHUCK: We have used the Ag-bag initially, but when we wound up having to start cleating the property for capping the DEC didn't want us to start setting up more bags, so you are right. For a year and a year and a half we haven't set any up. The plan is though for all the leaves to be put into that as far as on the new piece. As far as shipping out, I mean the prices change from time to time. I haven't yet looked into what it would cost for Southold, for trucks to come to Southold, and take all of our yard waste, and move it off site. It depends if it is moved out before being processed, if it is moved out after being processed. There is different, obviously it is going to cost a different mount of money, if it is brush or wood chips, but then of course, if we get rid of it, then there is nothing here for residents to use. Obviously the mulch program has been pretty popular in the last couple of years, and also we have been able to use a lot of material to make the top soil, again for the cap, which is a savings, or offsetting cost to the town. So, as far as in the future what ever happens I think all options would still be looked at as far as the cost of doing business. Again, the bond issue would be the maximum potential estimated cost for handling our yard waste. If it turned out, you know, it was going to be flee to get rid of the material some other way, in six months we find that out, I doubt the Board would go ahead and actually spend 2.6 million dollars to do something else, but we don't know that yet. ROBERT PFLUGER: One thing, too, you are going to have an awful big hole in the back of that sand pit when you take all the fill out. Why do you use that for it? JIM BUNCHUCK: The feeling was that would still constrict us back there with operations, and if we don't have another place to put material, and in the case of a storm, or growth in the town as far as more people bringing stuff in, you know, we would still need more room someplace else, and wouldn't have the space back there. ROBERT PFLUGER: All this mulch and stuff there is nothing generated, there is no money made on it, it there? JIM BUNCHUCK: Last year before we cut off sales, because we were stockpiling, wanted to stockpile McBride 15 the leaves for mulch for manufacturing the topsoil for the cap, we earned about $30,000, $35,000. ROBERT PFULGER: But now you are giving it away JIM BUNCHUCK: The public gets their 500 pounds fi:ee, which is something they get, I guess, for their taxes that they pay, and the rest when it is available we will sell the rest for the going rate, or xvhatever we can get for it. ROBERT PFULGER: It is not even a good product that good a product that people really want. JIM BUNCHUCK: We get quite a bit SUPERVISOR COCHRAN: We have it tested by Cornell, and it is rated very high. ROBERT PFULGER: I know some people that could say different. SUPERVISOR COCHRAN: It is good compost. JIM BUNCHUCK: The demand is there for it. SUPERVISOR COCHRAN: Thank you for your comments. Anyone else like to address the Board on the purchase of the McBride property? DARRELL BEREZNY: Darrell Berezny, Cutchogue. I am sure when it opens up you are going to start selling it again. The money earned fi.om the selling of the mulch will that be going back to pay offthe bond, or will that be rolling over back into the town. SUPERVISOR COCHRAN: We haven't got that far yet, but it has to go back into the district. We can't just spend it on roads, or anything. It goes back into the district for the operation. BOB JENKINS: Just a couple of questions, I was listening to the last conversation and I heard something about we didn't want to get contaminated soil to fill in the hole. The soil on the farm next to the purchase, the proposed property to be purchased was contaminated in Greenport. The DEC turned..spent a lot of money to get rid of that soil, the neighboring farm, is that acceptable to be used in the berms, and in the landfill. COUNCILMAN MOORE: It will all be tested, as we said earlier. BOB JENKINS: What if all that topsoil has to be trucked out? JIM BUNCHUCK: It probably wouldn't be needed to be trucked out. If that were to happen it could probably be used under the cap. The material in Greenport was certified or allowed to be brought to us, and put under the cap if the Village decides. BOB JENKINS: The second question I had was on the mulch. You mentioned that it might be very inexpensive to truck all the wood, debris, stumps, etc., which we should have a lot less if we are not McBride 16 allowed to cut any trees over four inches now. But, if you track it off, and you need mulch for the town residents, when the truck that is going to come to pick it up could bring you a finished product, and stockpile what you need for the residents. Many times I have been at the landfill, and I see big landscape trucks, dump truck, etc. from Riverhead Town with dump stickers, no pen-nit to come into the dump, load them up with mulch from Southold Town for free, and taking it to Riverhead residents. I disagree with that. I don't mind giving it away free to Southold Town residents, but I don't think Riverhead landscapers should get it for free. JIM BUNCHUCK: No, actually the material you are probably thinking of is not the mulch, not the leaf mulch, which we have been stockpiling, the wood chips, and the reason for that is we are way overloaded with wood chips, and I asked the Board six or eight months ago if we could take away any fee on it, and just let it go. BOB JENKINS: Do any letters go out to the landscapers in the Town of Southold? JIM BUNCHUCK: We contacted quite a few of them. In fact, just recently Pindar took 20 or 30 truck loads, and dressed up a field that I think they are going to be planting next year. It is on the North side of 48 between Cutchogue and Peconic, I guess it is Peconic, and it is right next to that stand of trees that you will see an empty field with no plantings yet. They spread it out there, and understand recently they talked to one of my workers up there, and said that they might actually be interested now in taking everything we have. So, whatever it is it has worked out good enough for them to do that, so we are looking at that. Southold residents got most of the stuff, believe me. BOB JENKINS: The final point is, I feel that $55,000 an acre for that property is a bargain, and I think if we need it to expand our facilities we should pass the bond. That is the way I feel. SUPERVISOR COCHRAN: Thank you, Bob. Anyone else like to address the Board in relation to the McBride property?, JOHN COSTELLO: My name is John Costello. I am here again just listening, and trying to find a reason to support this. The only comment I could really find to support it was a comment that this may be 50% reimbursable. That is the most encouraging thing I have heard all night. The only trouble is, maybe is a little scary, but I hope it is. It makes the whole project a little feasible. SUPERVISOR COCHRAN: I think we say, maybe 50%, but Tom, I think it is pretty much an absolute that xve will get something. TOM MAHER: I will go as far as guaranteeing. As a matter of fact we have a letter from the State saying that they would reimburse the Town 50% for the purchase of the property, and based upon our experience if it is approved, if the plan is approved by the State for composting, recycling, that it will be 50% grant eligible and reimbursable. JOHN COSTELLO: I certainly hope so. That is my attitude. The other thing is some of things being rounded off. It sounds like a wish list is involved in here. Some items are approximate. I mean they are added on. Nothing is firm. Certainly $6,500 for a survey of this rectangular piece of property that has a little growth on it is reasonably high. I mean everybody here has had a piece of property surveyed. I McBride 17 have had several. Is any amounts of the engineering fees or legal fees been paid so far? I am sure they must be. COUNCILMAN MOORE: No. JOHN COSTELLO: I know you have done some SEQRA work on the property, I believe, Mr. Voorhis. I know that Mr. Bunchuck was concerned about the depth of the topsoil, which he wasn't sure of, but I am sure you did some test borings, and you have been informed of the depth of some of the topsoil on that site, but hopefully these numbers will all come down to a realistic number, and I hope even though you don't have to bid the professional services of the survey I am sure that you should go try to get two or three prices, so that you can do the best for the town. Thank you. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? Bernie? BERNARD HEINSCH: My name is Heinsch. I live on the North Road. You say 50% of the purchase price, are we talking about purchase price of $90,000, or 2.6 million dollars? JAMES BUNCHUCK: It is whatever the Town spends for the property and the operation assuming it is all approved by the DEC. The DEC doesn't limit the size except based on what the property can handle under their regulations, but any equipment necessary for it, any capital expense is reimbursable, and this particular program that reimburses we succeeded in a different project, actually all the recycling equipment we have up there, the grinder, and the shredder we have, the payloader, not the payloader, but anything that is directly related to only recycling we have already received grants for since 1993 of about $350,000, so we know they will come through with it if we can demonstrate we are using it for the purpose intended. BERNARD HEINSCH: Okay, if you add this 2.6 million now we are talking about 9.6 million on a bond issue approximately. Is that correct? JAMES BUNCHUCK: On the two combined? BERNARD HEINSCH: Also understanding this doesn't affect the whole town, but the school district is also in arrears of $2,000,000. This is something else that the taxpayers in this particular area have to pay for. What would happened if you don't go for this at all, and each individual that has accumulated yard waste paid contractors to haul it away? Would we save some money in a long mn? JIM BUNCHUCK: The Town would save money. They wouldn't have to spend a penny but all the residents would have to pay somebody to take their yard waste out of town someplace, and whatever that would cost the residents would be borne by them.</P> BERNARD HEINSCH: Or would go into their own mulching system and so on rather than taking it to the town, so it is necessarily saying that this money has to be spent or that this property has to be purchased. Is that correct?</P> JEVI BUNCHUCK: It is not necessary for landfill capping per sec, but it is necessary to provide the residents the services that we have been providing over the years. I think that would be a big decision, -. McBride 18 and whole different matter to decide to get out of it all together, because I think people in this town have really become dependent on having a outlet for that material. BERNARD HEINSCH: But it is costing the taxpayers umpteen dollars every year.</P> JIM BUNCHUCK: Services cost money. BERNARD HEINSCH: Okay, thank you. SUPERVISOR COCHRAN: What is the fine per day if we don't adhere to the closure directive? FRANK ISLER: (unintelligible.) SUPERVISOR COCHRAN: Anyone else? FRANK CARLIN: Just a short one. SUPERVISOR COCHRAN: Okay, Frank, because I would like to move on to the next hearing. FRANK CARLIN: A very short one. Frank Carlin. This is one point, Mr. Bunchuck that bothers me a little bit. I got to get it off my chest. That trailer that xve bought awhile back for part of the bond issue when it first arrived at the landfill it stayed on the West Side more or less, unoccupied for some time. Now, I see it has been moved over to the East Side. Is that occupied now by your employees? JIM BUNCHUCK: Not at the moment. FRANK CARLIN: That has been almost three-quarters of a year. JIIVI BUNCHUCK: It has actually been more like a year. FRANK CARLIN: Yeah, a year, and here we go spending money for a big trailer and nobody is using it. I understand by reading the newspaper it wasn't suitable because the break room for breaks wasn't big enough. Is that true7 JIM BUNCHUCK: First of all the reason for the delay, and I know it seems like we are always coming up with reasons for delays but the Health Department had a problem with us just like the moratorium for wells for neighbors in the area. It exists for them. It exists for us, too. They wouldn't let us dig a well for water. They made us access the existing well up by the building. When we went to have that done and approved by them they said, well, wait a minute. You can't use that water and I said, well, we just made a new scalehouse that had a bathroom in there for the first time, and water was dug from under that to go to the bathroom in the scalehouse, and they said, yeah, but that sample that we approved for that was taken over a year ago. We are going to have to resample the same well to make sure it is acceptable. With the help of D&B we xvere ready to draw a sample ourselves. Whatever special container they wanted. We were going to mn it right down to them. No, no, it has to be Health Department employee. We lost several months just by that. They wouldn't let us sample the water, get it to them, or have it analyzed by a DEC approved lab, and you know, for the purposes of occupying · McBride 19 that trailer. So, that was a long delay. In addition we tried to save money in the beginning by bidding the job only for the trailer itself. Town forces were going to dig the septic, which we did, and we were going to contract out individually with some local contractors to provide electric, and do the drilling also for the water. All of that took time. In retrospect it probably would have been a better idea to just do the whole thing as one ball of wax, have the company who provides the trailer do the whole thing. We probably would have been in there months ago. As it is the electric is hooked up. We are waiting on LI?A to turn the switch. The septic is hooked up. We are waiting on the Health Department to come in so we can cover everything up, and we can occupy it hopefully in a matter of a couple of weeks. FRANK CARLIN: Almost a year for that, I can't see just because you didn't have water in there why you still couldn't have moved in, and did your operation or whatever you wanted to do. You didn't need the water you could have bought bottle water like Helen Brown, but anyway I will buy what you are saying. Oh, this gentleman along side here on right he mentioned something before you are going to have water in this new setup that you are going to have water there in the landfill. Right? JIM BUNCHUCK: We will need water service, whether it comes .... FRANK CARLIN: Drinking water? JIIvI BUNCHUCK: Well, if there is going to be an office there, and a gatehouse, and if there is going to be a sanitary system water will be necessary. What we don't know now, because we haven't done the engineering is whether that water will be provided from the landfill site as an extension of the main that is there, or if a new well will be dug there, and if a well can be dug there. FRANK CARLIN: [sift the water contaminated in that area? Mr. Bunchuck, do you drink that water at the landfill? JIM BUNCHUCK: No. FRANK CAR.LIN: There's your answer. Thank you. JIM BUNCHUCK: Mr. Carlin, if you meant do we drink the water from the bottled water company, yes. I wouldn't necessarily drink it from the tap. FRANK CARLIN: I am talking about from the ground. JIM BUNCHUCK: Then no. My answer stands. FRANK CARLIN: As far as your water goes from the trailer that is going to be in question, too, right? SLrPERVISOR COCHRAN: I am losing people here, and I would like people to hear ~vhat still has to go on. Some people have two or three times to speak. I am going to ask if there is anyone that has not spoken would like to address the Board in relation to the purchase of the McBride property. If not, I am going to close this heating, and we will move on to the next heating which deals with Eminent Domain Procedure Law in relation to properties surrounding the landfill. I deem this hearing closed. Closed atl 0:37 P.M. McBride 2O Elizabeth A. Neville Southold Town Clerk 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, in said Town, on the 13a 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 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. 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 determined to increase and improve the facilities of the District, consisting of the acquisition of the certain piece or parcel of land (SCTM #1000-096- 1-2, reputed owner, Francis J. McBride) containing seventeen acres, plus or minus, of property immediately adjacent on the west side of the Southold Landfill, in Cutchogue, for the purpose of relocating the District's existing yard waste composting and brush collection activities, due to the commencement of the capping and closure of the Southold Landfill, and. 362715.1 023466 RF~ obtaining additional space for future District activities, the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, being the amount of $2,600,000; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted February 13, 2001, a public hearing was duly held by the Town Board on this 13~ day of March, 2001, at 7:36 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, New York, in the Town, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard, including those in favor of and those in opposition to said increase and improvement of facilities of the District; and WHEREAS, the Town Board, as Lead Agency, has given due consideration to the impact that said increase and improvement of facilities of the District may have on the environment and on the basis of such consideration, 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; and WHEREAS, the Town Board, as Lead agency, has examined and fully considered a Full Assessment Form, assessing the potential impacts to the environment resulting from the proposed acquisition and as a result has determined that the matter is a Type I action which will not have significant impact on the environment and, in connection therewith, a duly executed Negative Declaration has been filed in the office of the Town Clerk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby 362715.1 023466 RF~ DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of $2,600,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved as hereinabove described at the estimated maximum cost of $2,600,000 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 therefor, which specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving such facilities shall be financed by the issuance of not to exceed $2,600,000 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 362715.1 023466 RES 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 Moore (SEAL) A. Richte Councilperson Members of the Town Board of the Town of Southold, New York 362715.1 023466 RES Justice Louisa Evans offered the following resolution and moved its adoption: 362715.1 02.3466 RES BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 13, 2001, APPROPRIATING THE AMOUNT OF $2,600,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. 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 and has ordered that the facilities to be so increased and improved, at the estimated maximum cost of $2,600,000 and that the Engineer prepare specifications and an estimate of the cost and, with the Town Attorney, prepare a contract(s) for presentation to the Town Board as soon as possible; 362715.1 023466 RES Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE 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 $2,600,000 for the increase and improvement of the facilities of the District heretofore authorized pursuant to the Resolution and Order After Public Hearing referred to in the Recital hereof, described as the acquisition of the certain piece or parcel of land (SCTM #1000-096-1-2, reputed owner, Francis J. McBride) containing seventeen acres, plus or minus, of property immediately adjacent on the west side of the Southold Landfill, in Cutchogue, for the purpose of relocating the District's existing yard waste composting and brush collection activities, due to the commencement of the capping and closure of the Southold Landfill, and obtaining additional space for furore District activities. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $2,600,000. The plan of financing includes the issuance of $2,600,000 serial bonds of the Town to finance said appropriation, and such amount, including payment of principal and interest on such 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 are hereby authorized to be issued in the principal amount of $2,600,000 pursuant to the provisions of the Local Finance Law, 362715. l 023466 RF3 constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the specific object or purpose for which said $2,600,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 21 of the Law, is thirty (30) 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 of the United States Treasury Department. (c) The Town Board, acting in the role of Lead Agency has determined and found that pursuant to the applicable provisions of the Stale Environmental Quality Review Act ("SEQRA") no substantial adverse environmental impact will be caused by the increase and improvement of facilities of the District and, in connection therewith, a duly executed Negative Declaration 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 362715.1 023466 RES 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 be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of th~ bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. 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 said 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. 362715.1 023466 RES Section 7. This resolution shall take effect immediately. Councilperson The adoption of the foregoing resolution was seconded by Romanelli 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 Louisa Evans Suprvisor Jean Cochran NOES: None The resolution was declared adopted. Councilperson John Romanelli offered the following resolution and moved its adoption: 362715.1 023466 RES RESOLVED BY THE TOWN BOARD 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 bond resolution, in full, in the "SUFFOLK TIMES," a newspaper published in the Town of 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, together with the Town Clerk's statutory notice in the form prescribed by Sectign 81.00 of the Local Finance Law of the State of New York. Section 2. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilperson Brian Murphy 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 Louisa Evans Supervisor Jean Cochran NOES: None The resolution was declared adopted. 362715.1 023466 R~ 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 same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 136 day of March, 2001. (SEAL) T~-~lerk (/ 362715.1 023466 RES ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 167 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 13, 2001: A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 13TM day of February, 2001. PRESENT: Hon. Jean W. Cochran, Supervisor Louisa P. Evans, Justice William D. Moore, Councilperson John M. Romanelli, Councilpcrson Brian G. Murphy, Councilperson Craig A. Richter, Councilperson 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 determined to increase and improve the facilities of the District at the estimated maximum cost of $ 2,600,000, consisting of the acquisition of the certain piece or parcel of land (SCTM//1000-096-1-2, reputed owner, Francis J. McBride) containing seventeen acres, plus or minus, of property immediately adjacent on the west side of the Southold Landfill, in Cutchogue, for the purpose of relocating the District's existing yard waste composting and brush collection activities, due to the commencement of the capping and closure of the Southold Landfill, and obtaining additional space for future District activities, said cost to be financed by the issuance of serial bonds of the Town in like amount; and, WHEREAS, the Town Board has given due consideration to the impact that such 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 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 7:36 o'clock P.M. (Prevailing Time} to consider said increase and improvement of facilities 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 FURTHER ORDERED, that the Town Clerk publish at least once in the "SUFFOLK TIMES," a newspaper published in me Town of Southold and hereby designated 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 of the taxable real property in the District, a notice of such public heating 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 heating. DATED: February 13, 2001 TOWN BOARD OF THE TOWN OF $OUTFIOLD aa W. Cochraa Supervisor Justice Councilperson Members of the Town Board of the Town o[ Southold, New York Elizabeth A. Neville Southold Town Clerk · By ORDi~ O~ 'I'HF-, .i~Wlq OF SOtrI31OLD, STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~ ~="~ of Mattituck, in said county, being duly sworn, says that he/she is Prindpal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- fished 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 pdnted copy, has been regularly pub- fished in said Newspaper once each week for I, weeks successively, commencing on the 7_.-~ day Sworn to before me this. -~."t_ STATE OF NEON YORK) )SS: COUNTY OF SUFFOLK) ~.~ ~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, 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 pdnted copy, has been regularly pub- lished in said Newspaper once each week for \ weeks successively, commencing on the 7..~_. day CNRISTINA T. WES ER N0:3ryNoPUblic'01WE603455AState of hew York t% -- Princi Swom to before me this dayof ~ . 20 ~ILsuPREME COURT OF THE NOTICE TO BIDDERS C~RKSTOWNCEN~L STATE OF NEW YORK-COUN- The B~ ~ E~ion ~ ~e ~ OF SUFFOLK ~UNTRY- Con.~u~ Con ~ ~h~l D~- WlDEHOMELOANSINC. f~a r~ol hoT.no s p, Coun~ ~ ~YLON ~[te~ bui~ TODAYS ~u ~t ads ~K ~- L~C~ CORPORATION, Plaintiff, against BYRON RU- the folk)wi : DOLPH, et al Defendants Pud- BID ~027 VEHICLE to accept ~tt ~c~. or any pad or Legal Notice 10283723 day ~Y,~bruar~, r~ 1 pumuant the foJIowlng ~.m~t~l~d Personals O0,~r.~ I q ~ / OFSUFF~K N~YORK ~T ' OO7 LOAN uiU. Personals 004 T,.,..'.Op,O~"~ o~L.~"- Itdoptions 007 631"~/~S New .:oo ..m. p 631-842'5387 022 Enteflainment- /~OL~ ~GE.S THE BEST 1-863-706-7600 NOW. in the ta~ map ( C2423 516-338'55 8rt6 or b ~ ...... dance with NEW SUN' 631'271'58( thoritl~ Law. 025 Ll~n~ ~ 0123530-1 bmd' ~ Ordero'the 7~-~'~13 OU~mS L)~ ~ S,ephen M. J .... 718-819'~12 Personals 004 AqklL4BLE NOW 00~ BIG EAST LEGJ 1.271-4266 ACCIDENTS Legal Services Divorce - Ur LEGAL NOTICES Legal Notice 10255790 LKlal Notice 10278290 Legal Noti©e 10280436 :tEME OOURT OF THE 'E OF NEW YORK NTY OF BUFFOLK Pi. EMENTAL SUMMON8 Judgment Wll~l~ ~aken Kfln[eremt, r~;orded ~n the 3ed an~gdescrl~ as fo~j SUMMONS - ACTION TO FORECLOSE MORTGAGE ~o ~ above named defen- ~ anoPal~elng at Ca;ration Legal Notice 10254867 SUPREME COURT - COUNTY OF BUFFOLK LASALLE NATIONAL BANK AS TRUS- TEE UNDER TH~ POOLING AND SERVICING AGREE- MENT DATED 971/96, SERIES 19996-3, Plaintiff agair~t VICTOR ENSALATA, et al De- [endant N. Pursuant to a ; judgment of foreclosure and NOTICE OF PUBUC H~RING Legal Nott~e 10~l~sf INVITATIO TO ID GLEN OOZE H~US~G A~ THoRrr'? and Je~e~h GaZZa The hear- 3~5 g'~74 ~12 Ma~d N~O~ ~3 ~21~; Personals 004 Adoptions Ticket 007 Brokers 02.~ Legal Notice 10~80415 Friday. between the Routs erg Legal Notice 102803~5 Guide 022 ABS0LUIE ANEL~ BEST OF THE BEST · .CANDYSOPH PPE ENT .3 NOTTEST SNOW IN TO~N CHEI~ VALLY/18-831-1903 B0~ EBSU~ tl fl ~ PARI1B EXOtiC U. ~ ~18-?1247B 631-F~-~7 1-988-7~7600 031 e ~ OPEN~ e ACIRE~JRE 516-9364198 BEER H~ ~Y ~E 5~1~ ~:~ 51~ st~ ~ ~ & ~J~u ~E ~ ~1~-~ 0~[~ BODY ~ 718-358-2913 O~s Lic L'(X)647-1 71~1~812 SUN 60LO 631-2fl4132 LEGAL SERVIOES ALL BANI~JPT~Y/D~RCE FREE COIISLT 980-640,~22 LEGAL NOTICES Legal Notl©e 10287287 Legal Notice 10274900 Leg;al Notice 10279202 fie I of AXle 18-A o?th® New bondJ LOOKING FOE THIS W EKEND'~ BEST TAGSALEEs~? READ NEWSDAY CLASSIFIED, TELL A FRIENO! tlon the officle~ne~a~a~er of f, Ol.e~~ (coll~ctivMy. the the Faci[li'/~lal~i~ ~ Legal Notlo~ 10242015 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF SUFFOLK IN- DEX# 22975/C0 FILED; 9/18~ 2000 SUPPLEMENTAL SUM- aa~d ~endant who may be ~- -- · Cla~$1ffred call- notce ol appear _.a~. qn the at- I ~,>.t~ ~:~ner Franc. V~I- premiees known as 3 West En~ da~s ~U~dl~ately prec.., ng !he thereo, ..... ,n~l~e I~e. Leg;a[ Notloe 10279179 Legal Notloe 10270126 the Schoo~D ~trlct or 2% ol fie I or A~Cte 18-A o?the New Suffolk Count. a.a ewsda~.com LEGAL ....................... X In re: eC eG~alnmenl Tl~kel Brokers Monday, February 26, 2001 LICOIIS~S 1-888-706-7600 ~ PBllE FOXY L~Y L~Y JULJEI~ES ~TINU~ DRF.~t~ ~E 516-g3~616~ Sa~sUFound/Adopc Board/Tndn/G~)om Pet Supplies Adopt-Lost- ~o~Y & ~ouL ~.E~Y Found Pets SCBT 0F A W01J~N OF THE UNITED I~,NKRUPTCY /~J STAN BERNSTE N UNITED STATES BANKRUPTCY JUDGE P r & MarldMUp, L Lp ?ersonals NEW SUN - 631-27/-g62 LlC~se # 0123530-1 510-~-~4~J 718-~2913 ~ ~C 000647-1 718-810-0812 LEGAL SERVICES Legal Senates b~ c I! "~o~n STATE OF NEW YORK) )SS: ,~UNTY OF SUFFOLK) ~'J~;;~iJ, T'~ of Mattituck, in said county, being duly sworn, says that he/she is Prindpal clerk of THE SUFFOLK TIMES, 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 'Z.'~ day of '~"~- 20 Notap/Public, State of New NO. 01WE6034554 ~ , -- - Co~nission E~'es December 13, Sworn to before/ne this ~ day of '~'z ~---' 20~ ~ STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) '.~ C)~-oJ~-~ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- fished 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 ~.~.. day of ~. 20~. Swom to befo?-~n~this day of '---J~ ~Yr-. 20 O t STATE OF NEW YORK) )SS: C~UF,~)~..~.._~""'"""vr~=° =,-,,~, of Ma.ituck, in said county, being duly swom, says that he/she is Prindpal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of SmJthokJ, 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 ~ day of "~-~[C;> · 20_,,~,~_._. CHRISTINA T. WEBER N0.0'WE6034554 / <.'"'"-~ /// /z~G~'~. c~,i~ E~e~ Uacemb~, ~3,cc~ pfincil~TClerk Swom to before me this. ~ day of *"~--J~. 20_(~>_)___ sure '.and STATE OF NEW YORK) )SS: CO__U_NTY OF SUFFOLK) r ~. ~)~'~c~---('- of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly 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 ?_."Z._ day of '-~.-Cf~ - 20 O . N0tapj Public, State 01 blew No. 01WE6034554 Qualifi~i in Suffolk Count! Cor~,mission F. xp~r as Deceffibe{ 13,~ Swom to before me this 7_-/._ day of ~ · 20 ('3 t