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INTERIM AGREEMENT
BETWEEN
THE TOWN OF SOUTHOlD AND
FISHERS ISLAND GARBAGE AND REFUSE DISTRICT
ACREEMENT made this
day of November, 1992, between the Town of
Southold, a municipal corporation with offices at Town Hall, Main Road,
Southold, New York 11971 ("the Town") and the Fishers Island Carbage and
Refuse District, a municipal special improvement district, Box 22, Fishers
Island, New York 06390 ("the District").
WHEREAS, the District is an existing special improvement garbage
district serving the people of Fishers Island which has had responsibility
for the handling and disposal of all solid waste generated on Fishers Island
with the exception of the metal disposed of at the Town metal dump; and
WHEREAS, the Town of Southold currently owns and operates a solid
waste management facility along the northerly side of Route' 48 in Cutchogue
("Cutchogue landfill"). and
WHEREAS, the Town owns a solid waste management facility located off
Whistler Avenue on Fishers Island, known as the "metal dump" which was
closed on or about August 1, 1992 and had accepted metal up to the date of
closure; and
WHEREAS, the parties wish to enter into this agreement to clarify
responsibility of the respective parties;
NOW, THEREFORE, it is agreed as follows:
1. The District will continue to assume full managerial and financial
responsibility for the maintenance and closure of the municipal landfill,
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burn dump and transfer station located on Fishers Island. The District shall
retain responsibility for the handling or disposal of all solid waste
generated on Fishers Island from the date of this agreement forward.
2. The Town shall be responsible for all other solid waste issues
within the Town not specifically designated as the responsibility of the
Fishers Island District, or otherwise provided for in the agreement.
3. The Town shall be responsible for site maintenance of the metal
dump and for the closure and capping of the metal dump and the costs
associated with the site maintenance, closure and capping of the metal dump
shall be assessed on a townwide basis, including Fishers I sland, payable from
from the Town's General Whole-Town Fund. The provision of this paragraph
shall survive the expiration of this contract
fl. To the extent that the Town expends funds in excess of revenues
from the Town's General Fund, or from any townwide assessments, to pay
any solid waste management expenses for solid waste generated in the area of
the Town outside of Fishers Island (including fines, costs or penalties
assessed by a court or any State or Federal agency), then a fraction of
general tax revenues used for expenditures shall be credited to the Fishers
Island District on a pro rata basis. For purposes of this agreement "pro
rata basis" shall be defined as the ratio of the total assessed valuation of
all properties on Fishers Island to that of all properties of the entire Town
of Southold. Revenues, for purposes of this agreement shall be defined as
tipping fees, permit fees and the like which are generated by the Town's
solid waste management operation and excluding taxes.
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5. Nothing contained in this agreement shall be interpreted to limit
the ability of the District or the Town from financing improvements as
authorized by the New York State Constitution or the Local Finance Law.
December 31, 1993.
6. The provisions of this agreement shall remain in effect until
By:
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Depu y Supervisor
By:
FISHERS ISLAND GARBAGE AND
REFUSE DISTR~SJ ./
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Howard Hancock, Commissioner