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HomeMy WebLinkAboutSWMD-Misc Equipment.jr :RED R-12 REGISTERED $15,000 UNITED STATES OF AMERICA COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 MATURITY DATE ?December 15, 2007 iNTEREST RATE 4.65% DATE OF ORIGINAL ISSUE February 15, 1996 ?ERED OWNER: TICE & CO. PAL SUM: FIFTEEN THOUSAND DOLLARS The TOWN OF SOUTHOLD, in the County of Suffolk, a municipal corporation of the State of New York, hereby acknowledges iitself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the DATE (stated above) , the PRINCIPAL SUM (stated above) upon ipresentation and surrender of this bond (i) for so long as this is held by or for the benefit of New York State Environmental .~ilities Corporation or of holders of its bonds, either at the principal corporate trust office in Buffalo, New York or at the paying agency office in New York, New York of Manufacturers and '.Traders Trust Company as depository bank (herein called "Depository '.-Bank") , or at the principal corporate trust office of any successor thereto or (ii) at any time thereafter, at the fiscal agent office idesignated by the Town of Southold for such purpose, and to pay interest on such principal sum from February 15, 1996 or from the most recent interest payment date to which interest has been paid, or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has paid in full, at the INTEREST RATE (stated above), payable on June 15, 1996, December 15, 1996 and semi-annually thereafter on June 15 and December 15 of each year ~until maturity. Interest · 'hereon shall be payable at said office~, o~ the Depository Bank or at said fiscal agent office, as appropriate, on each interest -payment date. The principal of and 'i~t.eres~t ~ this bond are payable in any coin or currency of the Unit~d,S~.a,~eS ,.of America which at the date of payment is' legal tender ~for~. ~'~flb~n~ ent.:, ~, , ,, ~ of )ublic and private debts. ~ ~'~] [~q.~ ~ REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIVOND SET FORTH HEREIN. irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by the manual signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) ATTEST: This bond is one of an authorized issue, the principal amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). This bond is transferable or exchangeable, solely in accordance with the terms of the Project Financing and Loan Agreement dated as of February 1, 1996 between the Town of Southold (the "Town") and the New York State Environmental Facilities Corporation (the "Corporation"), only upon the books of the Town kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Town duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,0D0 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: 1994 Goes 357 LITHO rNUSA Period During which Redeemed (both dates inclusive) Redemption Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstanding the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporation and to the Trustee during any period when the Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Bonds at any time thereafter. The moneys necessary for any redemption of Bonds shall be paid to or deposited with (i) the Trustee during any period when the Bonds are held for the benefit of the holders of Corporation Bonds and (ii) any fiscal agent designated by the Town during any period when the Bonds are otherwise held, in either case on or prior to the redemption date. All Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. 1994 Goes 357 LITHO IN U S A (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Insert Social Security or other identifying number of Assignee(s): all rights thereunder, and hereby appoints the within bond and irrevocably constitutes and attorney to transfer the within bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. 1994 Goes 357 LITHO IN U S A MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, Bond #8189-23-10 THAT, Robbins & Cowan, Inc., 179 New York Avenue, Huntington, NY 11743 (hereinafter called the Principal), as Principal, and Vigilant Insurance Company, 3 Mountain View Rd., Warren, NJ 07061-1615 a corporation organized and existing under the laws of the State of NY with its principal office in the Warren, NJ (hereinat~er called the Surety), as Surety, are held and firmly bom~d unto Town of Southold (hereinafter called the Obligee), hi the just and full sum of Two Million Nine Hundred Eighty Thousand Five Hundred Ninety Two and 58/100 ($2,980,592.58) to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, and their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 19® day of July 2005 to perform the following work: Transfer Station Expansion & Site Improvements Contract "A' LKMA Proj. g04050.000 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS, the aforementioned work was completed on August 28, 2006 and principal has requested the surety to execute this bond covering the first year of the guarantee period. NOW, THEREFORE, the condition of this obligation is such that, if the principal shall for a period of one year from August 28, 2006 replace any defective material and correct any faulty workmanship, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed)lss instrt~ent this 28th day of August 2006. " Richard T. Robbins, Secretary/Treasurer TITLE Vigilant Insurance Company Surety tcooert-W. O'Kane, Attorney-In-Fact ACKNOW-LEGEMENT OF PRINCIPAL, OF A CORPORATION STATE OF New York COUNTY OF Suffolk ss: On this 28th day of August ,2006 before me personally came Richard T. Robbins to me knowrg who, being by me duly sworn diddepose and say that he msides at 347 Waterside Rd. Northport, Ny thatheisthe Secretary/Treasurer of Robbins & Cowan, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to the foregoing instrument is such seal; that it was an affixed by order of the board of directors of said corporation; and that he signed his name thereto by like order. Notary Public MELANIE L. STAUDING[R Netary Public, State of New Ymt No. 4867510, Suffolk CouWc' Expires ~vemb~ 3, o~100 ¢ STATE OF New York C OLrNTY OF Nassau ss: On this 28th day of August 2006, before me personally came Robert W. O'Fane to me know~ who, being by me duly sworn, did depose and say that he is an Attorney-In-Fact of Vigilant Insurance C~npany the corporation described in and which executed the w/thin instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed and said instnanent and affixed the said seal as Attorney-In-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires ELIZABETH A. NEVILLE NOTARy PUBLIC State of New York No. 01NE4968590 /. Certified in Nassau County ComrllissonExnimsJ.i.o~u:~/o, . --.. -, Notary P~blic POWER Federal [nsurance Company Attn: Surety Department Chubb OF Vigilant Insurance Company 16 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and appoint Lori Fay, Robert Kempner and Robert W. O'Kane of Pla nv ew, New York. Ihe~e pr*--~,~amts and eft'=ed lheir coe'porate seals on this 15 day o~ March, 2006 O~thls 16th dayof March, 2006 */Joh~b. Smith, Vice Pres before me, a Nots ~/Publlo of New Jersey, pemonally ceme Kenneth C. Wee, del, ~o me IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (9~8) 903- 3493 Fa~ (908) 903- 3656 e-mail: surety~chubb.com VIGILANT INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POMCYHOLDERS Statutory Basis DECEMBER 31, 2005 (in thousands of dollars) ASSETS Cash and Short Term Investments ......... $ United States Government, State and Municipal Bonds ........................................ Other Bonds .................................................. Stocks .............................................................. Other InVested Assets ............................... TOTAL INVESTMENTS .......................... 42,426 128,116 20,763 21,755 0 213~60 144~12 11 ~28 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses .... Unearned Premiums ...................................... Reinsurance Premiums Payable .................. Provision for Reinsurance ............................ Other Liabilities ................................................. 81,888 29,933 96,163 1,480 37,944 TOTAL LIABILITIES ........................................ 247A08 4,500 25,169 91,423 121,092 Premiums Receivable ................................ Other Assets ................................................. Capital Stock ..................................................... Paid - In Surplus ............................................. Unassigned Funds .......................................... SURPLUS TO POLICYHOLDERS .......... TOTAL ADMITTED ASSETS ................ $ 368,500 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ............................ $ 368,500 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $11,628,466 are deposited with government authorities as required by law. State, County & City of New York, - ss: Anna Maria Lovecchio. Assistant Secretary of the Vigilar~t Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Vigilant Insurance Company on December 31, 2005 is true and correct and is a tree abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2005. Subscribed and sworn to before me this Notary Public CARL SlClUANO NOTARY PUBUC, Stale d New York · No. 01SI5076360 Qusiified In Suffix County Commission Expires Apd121, 2007 Form 27-10- 0467 (Rev. 5- 06) R-5 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 REGISTERED $15,000 DATE :ember 15, 2000 INTEREST RATE 3.90% DATE OF ORIGINAL ISSUE February 15, 1996 OWNER: TICE & CO. SUM: FIFTEEN THOUSAND DOLLARS 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 iREGISTERED OWNER named above, or registered assigns, on the ~MATURITY DATE (stated above), the PRINCIPAL SUM (stated above) upon ipresentation and surrender of this bond (i) for so long as this /bond is held by or for the benefit of New York State Environmental ~Facilities Corporation or of holders of its bonds, either at the -principal corporate trust office in Buffalo, New York or at the ~paying agency office in New York, New York of Manufacturers and Traders Trust Company as depository bank (herein called "Depository Bank"), or at the principal corporate trust office of any successor ~thereto or (ii) at any time thereafter, at the fiscal agent office idesignated by the Town of Southold for such purpose, and to pay ~iinterest on such principal sum from February 15, 1996 or from the ~most recent interest payment date to which interest has been paid, or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has been paid in full, at the INTEREST RATE (stated above), payable on June 15, 1996, December 15, 1996 and semi-annually thereafter on June 15 and December 15 of each year until maturity. Interest ~ihereon shall be payable at said offices of the Depository Bank or !at said fiscal agent office, as appropriate, on each interest ipayment date. The principal of and interest on this bond are ~payable in any coin or currency of the United States of America !>which at the date of payment is legal tender for the payment of i~public and private debts. ET FORTH HEREIN.' : ....... ° : ....... '' The '~ irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by the manual signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) ATTEST: ~ Town Clerk BY ~upervisor 1994 Goes 357 L ITHO IN LJ S A This bond is one of an authorized issue, the principal amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). This bond is transferable or exchangeable, solely in accordance with the terms of the Project Financing and Loan Agreement dated as of February 1, 1996 between the Town of Southold (the "Town") and the New York State Environmental Facilities Corporation (the "Corporation"), only upon the books of the Town kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Town duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,000 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: Period During which Redeemed (both dates inclusive) Redempt ion Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstandin§ the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporation and to the Trustee during any period when the Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Bonds at any time thereafter. The moneys necessary for any redemption of Bonds shall be paid to or deposited with (i) the Trustee during any period when the Bonds are held for the benefit of the holders of Corporation Bonds and (ii) any fiscal agent designated by the Town during any period when the Bonds are otherwise held, in either case on or prior to the redemption date. All Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Insert Social Security or other identifying number of Assignee(s): all rights thereunder, and hereby appoints the within bond and irrevocably constitutes and attorney to transfer the within bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular~ without alteration or enlargement or any change whatever. iREGISTERED REGISTERED R-4 $15,000 UNITED STATES OF AMERICA STATE OF YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 MATURITY DATE December 15, 1999 iREGISTERED OWNER: INTEREST RATE 3.75% TICE & CO. DATE OF ORIGINAL ISSUE February 15, 1996 SUM: FIFTEEN THOUSAND DOLLARS 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 REGISTERED OWNER named above, or registered assigns, on the DATE (stated above), the PRINCIPAL SUM (stated above) upon .presentation and surrender of this bond (i) for so long as this bond is held by or for the benefit of New York State Environmental Facilities Corporation or of holders of its bonds, either at the iprincipal corporate trust office in Buffalo, New York or at the ~paying agency office in New York, New York of Manufacturers and Traders Trust Company as depository bank (herein called "Depository Bank"), or at the principal corporate trust office of any successor thereto or {ii) at any time thereafter, at the fiscal agent office ·nated by the Town of Southold for such purpose, and to pay -interest on such principal sum from February 15, 1996 or from the most recent interest payment date to which interest has been paid, ~or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has been paid in full, at the INTEREST P~ATE (stated above), payable on ~June 15, 1996, December 15, 1996 and semi-annually thereafter on June 15 and December 15 of each year until maturity. Interest hereon shall be payable at said offices of the Depository Bank or at said fiscal agent office, as appropriate, on each interest payment date. The principal of and interest on this bond are payable in any coin or currency of the United States of America ~which at the date of payment is legal tender for the payment of ipublic and private debts. FORTH HEREI~.~ : . : ~.o~ ~ ~ . ~ 1994 Goes 357 LIrHO IN U S A .... Th~'f~ irrevocably pledged to the punctual payment of the principal of and interest on this bond accordin9 to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by the manual signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) BY ~'~S~pervisor ~ ATTEST ~/ Towr{~lerk 1994 Goes 357 [ ITHO IN U S A This bond is one of an authorized issue, the principal amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). This bond is transferable or exchangeable, solely in accordance with the terms of the Project Financing and Loan Agreement dated as of February 1, 1996 between the Town of Southold (the "Town") and the New York State Environmental Facilities Corporation (the "Corporation"), only upon the books of the Town kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Town duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,0D0 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: Period During which Redeemed (both dates inclusive) Redemption' Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstanding the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporation and to the Trustee during any period when the Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Bonds at any time thereafter. The moneys necessary for any redemption of Bonds shall be paid to or deposited with' (i) the Trustee during any period when the Bonds are held for the benefit of the holders of Corporation Bonds and (ii) any fiscal agent designated by the Town during any period when the Bonds are otherwise held, in either case on or prior to the redemption date. All Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. 1994 Qoes 357 LITHO IN U S A (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Insert Social Security or other identifying number of Assignee(s): all rights thereunder, and hereby appoints the within bond and irrevocably constitutes and attorney to transfer the within bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. MaT Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 12/15/99 - 06/14/00 TOWN OF SOUTHOLD, ZFC LANDFILL REHEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 10/19/00 CUSIP NO. $44991-AU-3 THE HONORABLE JEAN W COCHRAN TOWN OF SOUTHOLD SUPERVISOR 53095 MAIN RD SOUTHOLD NY 11971 MaT Inw stment Group PAID BOND DELIVERY LIST 10/19/00 PAGE 1 12/15/99 - 06/14/00 ISSUE 6452 TOWN OF SOUTHOLD, EFC LANDFILL CUSIP NO. 844991-AU-3 REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) PAYMENT CERTIFICATE NUMBERS NO. OF AMOUNT PER TOTAL AMOUNT DUE DATE ITEMS CERTIFICATE PAID 12/15/99 R4 1 15,000.000 15,000.00- BOND TOTAL 1' 15,000.00-* ISSUE TOTAL 1' 15,000.00-* R-3 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 REGISTERED $15,000 MATURITY DATE INTEREST RATE iDecember 15, 1998 3.55% iREGISTERED OWNER: TICE & CO. PRINCIPAL SUM: FIFTEEN THOUSAND DOLLARS DATE OF ORIGINAL ISSUE February 15, 1996 The TOWN OF SOUTHOLD, in the County of Suffolk, a municipal corporation of the State of New York, hereby acknowledges iitself indebted and for value received promises to pay to the ~-REGISTERED OWNER named above, or registered assigns, on the i MATURITY DATE (stated above), the PRINCIPAL SUM (stated above) upon ~ilpresentation and surrender of this bond (i} for so long as this bond is held by or for the benefit of New York State Environmental Facilities Corporation or of holders of its bonds, either at the iprincipal corporate trust office in Buffalo, New York or at the ~paying agency office in New York, New York of Manufacturers and ~Traders Trust Company as depository bank (herein called "Depository Bank"), or at the principal corporate trust office of any successor thereto or (ii) at any time thereafter, at the fiscal agent office idesignated by the Town of Southold for such purpose, and to pay interest on such principal sum from February 15, 1996 or from the most recent interest payment date to which interest has been paid, unless interest on this bond shall be in default, in which event ithis bond shall bear interest from the date to which interest has paid in full, at the INTEREST RATE (stated above), payable on ilJune 15, 1996, December 15, 1996 and semi-annually thereafter on ~June 15 and December 15 of each year until maturity. Interest ihereon shall be payable at said offices of the Depository Bank or fat said fiscal agent office, as appropriate, on each interest date. The principal of and interest on this bond are in any coin or currency of the United States of America ~which at the date of payment is legal tender for the payment of i!ipublic and private debts. REFERENCE IS MADE TO THE .FURTHER PROVISIONS OF THIS BOND SET FORTH HEREIN~.: ..:..'. : : : : · ' · .: .. '.: : · '.' 1994 Goes 357 LITHO iN U S A irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by the manual signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) ATTEST: Town Clerk ..: ...:.. - 1994 Goes 357 LITHO INUSA This bond is one0f 'ana'uth0rized i~ue~'~he~rin~ip'al amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). This bond is transferable or exchangeable, solely in accordance with the terms of the Project Financing and Loan Agreement dated as of February 1, 1996 between the Town of Southold (the "Town") and the New York State Environmental Facilities Corporation (the "Corporation"), only upon the books of the Town kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Town duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,0D0 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: 1994 Goes 357 LITHO IN U S A Period During which Redeemed (both dates inclusive) Redempt ion Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstanding the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporation and to the Trustee during any period when the Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Bonds at any time thereafter. The moneys necessary for any redemption of Bonds shall be paid to or deposited with (i) the Trustee during any period when the Bonds are held for the benefit of the holders of Corporation Bonds and (ii) any fiscal agent designated by the Town during any period when the Bonds are otherwise held, in either case on or prior to the redemption date. All Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Insert Social Security or other identifying number of Assignee(s): all rights thereunder, and hereby appoints the within bond and irrevocably constitutes and attorney to transfer the within bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. MaT Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 12/15/98 - 06/14/99 TOWN OF SOUTHOLD, EFC LANDFILL REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 9/21/99 CUSIP NO. 844991-AU-3 TOWN OF SOUTHOLD ACCOUHTiNG & FJNANCE OEPT THE HONORABLE JEAN W COCHRAN TOWN OF SOUTHOLD SUPERVISOR 53095 MAIN RD SOUTHOLD NY 11971 IMPORTANT PLEASE READ, SIGN AND RETURN LAST PAGE ONLY ~ M~T Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 12/15/98 - 06/14/99 TOWN OF SOUTHOLD, EFC LANDFILL REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 9/21/99 PAGE CUSIP NO. 844991-AU-3 PAYMENT CERTIFICATE NUMBERS NO. OF AMOUNT PER TOTAL AMOUNT DUE DATE ITEMS CERTIFICATE PAID 12/15/98 R3 1 15,000.000 15,000.00- BOND TOTAL 1' 15,000.00-* ISSUE TOTAL 1' 15,000.00-* iiREGISTERED R-6 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 REGISTERED $15,000 MATURITY DATE December 15, 2001 INTEREST RATE 4.00% DATE OF ORIGINAL ISSUE February 15, 1996 IISTERED OWNER: TICE & CO. .... iPAL SUM: FIFTEEN THOUSAND DOLLARS ..:... · ... The TOWN OF SOUTHOLD, in the County Qf..~quffol~, a municipal corporation of the State of New York, hereb~..a.~.know.'l~es itself indebted and for value received promises t.o../Day .t.Q ~he REGISTERED OWNER named above, or registered as~$g~, on'.~he 'MATURITY DATE (stated above) , the PRINCIPAL SUM (stated above) ~upon presentation and surrender of this bond (i) for sd'~65g ~s..~is bond is held by or for the benefit of New York State~.E..ny. iro~'~{al Facilities Corporation or of holders of its bonds,'~%~er :~[.:[he )rincipal corporate trust office in Buffalo, New York or 'at the paying agency office in New York, New York of Manufacturers and Depository Traders Trust Company as depository bank (herein called" ' Bank"), or at the principal corporate trust office of any successor thereto or (ii) at any time thereafter, at the fiscal agent office by the Town of Southold for such purpose, and to pay interest on such principal sum from February 15, 1996 or from the most recent interest payment date to which interest has been paid, or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has been paid in full, at the INTEREST RATE (stated above) , payable on June 15, 1996, December 15, 1996 and semi-annually thereafter on June 15 and December 15 of each year until maturity. Interest hereon shall be payable at said offices of the Depository Bank or at said fiscal agent office, as appropriate, on each interest payment date. The principal of and interest on this bond are payable in any coin or currency of the United States of America which at the date of payment is legal tender for the payment of public and private debts. .~ET~RKNCE I~B:~%DF.. TO THE FURTHER.~R~IS~QI~S DF :~I$ BOND SET FORT~{~'HE~EIN: ! i®] ~ ° ® ' · . · : .. : :" : ....... · .: : '.': ....--.- 1994 Goes 357 LITHO IN U S A irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature .of .its Supervisor and its corporate seal (or a facsimile ~.eof~'%'d'be affixed, imprinted, engraved, or otherwise reproduced' her~n.and attested by the manual signature of its Town Clerk.":". : '..' e TOWN OF SOUTHOLD'":' :...:. ~Supervisor ATTEST: ~ Town ~ler~ J :.... · · ........ : : ..... 1994 Goes 357 LITHO IN O S A This bond is one of an authorized issue, '~he princlpa. amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). .... :...:. This bond is transferable or exchangeab~ sol~%~.in accordance with the terms of the Project Finan~ and ~oan Agreement dated as of February 1, 1996 between the TQw~f Soutqhold (the "Town") and the New York State EnvironmentaL' Fac~ies Corporation (the "Corporation"), only upon the boo~%'6~ t~e Town kept for that purpose, by the registered owner hereo~'~.per~.:or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument o~"~ans~..or exchange satisfactory to the Town duly executed by %he reg~ed owner or his attorney duly authorized in writing, a~d'%:hermupQn a new bond or bonds, in the same aggregate principal the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,0D0 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: Period During which Redeemed (both dates inclusive) Redemption Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstanding the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporat~.and:~:~he Trustee during any period when the Bonds are held'~y.~r for the benefit of the Corporation or of holders of its bon~.~.~r (~.~any successor holders of the Bonds at any time thereafter:. The moneys necessary for any redemption Ofo~S s~°be paid to or deposited with (i) the Trustee during ar&~.~eri~, w~en the Bonds are held for the benefit of the holders ~f ~orpor~on Bonds and (ii) any fiscal agent designated by the T.o..W.no.durin~ any period when the Bonds are otherwise held, in either case::~:or prior to the redemption date. All Bonds called for ~pti~ll cease to bear interest on the specified redemption ~a~, p~;.~ed funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. 1994 Goes 357 LITHO IN U S A (FORM OF ASSIGNMENT FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Insert Social Security or other identifying number of Assignee (s) : all rights appoints the within bond and thereunder, and hereby irrevocably constitutes and attorney to transfer the within bond on the books kept for regist, rat. ion thereof with full power of substitution in the prem. iose~.. :..-.. Dated: NOTICE: The signat~u~·, to ~chis assignment must correspond w~:~he name as it appears u ~p~m· .~e the within bond in eve~y·gart{~,]~ar, without alteration or enlargement or any change whatever. MaT Investment Group PAID BOND DELIVERY LIST 12/15/01 - 06/14/02 8/20/02 ISSUE 6452 TOWN OF SOUTHOLD, EFC LANDFILL CUSIP NO. 844991-AU-3 REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) THE HONORABLE JEAN W COCHRAN TOWN OF SOUTHOLD SUPERVISOR 53095 MAIN RD SOUTHOLD NY 11971 ~ MnT Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 12/15/01 - 06/14/02 TOWN OF SOUTHOLD, EFC LANDFILL REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 8/20/02 PAGE CUSIP NO. 844991-AU-3 PAYMENT CERTIFICATE NUMBERS NO. OF AMOUNT PER TOTAL AMOUNT DUE DATE ITEMS CERTIFICATE PAID 12/15/01 R6 1 15,000.000 15,000.00- BOND TOTAL 1' 15,000.00-* ISSUE TOTAL 1' 15,000.00-* Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 01/01/03 - 12/31/03 TOWN OF SOUTHOLD, EFC LANDFILL REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 7/22/04 CUSIP NO. 844991-AU-3 THE HONORABLE JEAN W COCHRAN TOWN OF SOUTHOLD SUPERVISOR 53095 MAIN RD SOUTHOLD NY 11971 [~ M~ Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 01/01/03 - 12/31/03 TOWN OF SOUTHOLD, EFC LANDFILL REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 7/22/04 PAGE CUSIP NO. 844991-AU-3 PAYMENT CERTIFICATE NUMBERS NO. OF AMOUNT PER TOTAL AMOUNT DUE DATE ITEMS CERTIFICATE PAID 12/15/03 R8 1 15,000.000 15,000.00- BOND TOTAL 1' 15,000.00-* ISSUE TOTAL 1' 15,000.00-* REGISTERED R-8 REGISTERED $15,000 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 MATURITY DATE December 15, 2003 iREGISTERED OWNER: INTEREST RATE 4.20% TICE & CO. DATE OF ORIGINAL ISSUE February 15, 1996 ~INCIPAL SUM: FIFTEEN THOUSAND DOLLARS The TOWN OF SOUTHOLD, in the County of Suffolk, a ~imunicipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE (stated above) , the PRINCIPAL SUM (stated above) upon )resentation and surrender of this bond (i) for so long as this bond is held by or for the benefit of New York State Environmental i. Facilities Corporation or of holders of its bonds, either at the principal corporate trust office in Buffalo, New York or at the paying agency office in New York, New York of Manufacturers and Traders Trust Company as depository bank (herein called "Depository Bank"), or at the principal corporate trust office of any successor thereto or (ii) at any time thereafter, at the fiscal agent office i' designated by the Town of Southold for such purpose, and to pay interest on such principal sum from February 15, 1996 or from the most recent interest payment date to which interest has been paid, or unless interest on this bond shall be in default, in which event this bond shall bear interest from the date to which interest has paid in full, at the INTEREST RATE (stated above), payable on June 15, 1996, December 15, 1996 and semi-annually thereafter on June 15 and December 15 of each year until maturity. Interest hereon shall be payable at said offices of the Depository Bank or at said fiscal agent office, as appropriate, on each interest payment date. The principal of and interest on this bond are ~ payable in any coin or currency of the United States of America h which at the date of payment is legal tender for the payment of i public and private debts. REFERENCE IS MA~.~. T~. ~,FU~I~P~'?ROVISIONS. .o, · OF THIS BOND SET FORTH HEREIN. : : : ...... 1994 Goos 357 LITHO INUSA irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by the manual signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) ~JSupervisor ATTEST: ~/ -To~n Clerk :: : . '. . 1994 Goes 35? LITHO IN U S A This bond is one of an authorized issue, the principal amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). This bond is transferable or exchangeable, solely in accordance with the terms of the Project Financing and Loan Agreement dated as of February 1, 1996 between the Town of Southold (the "Town") and the New York State Environmental Facilities Corporation (the "Corporation"), only upon the books of the Town kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Town duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,0D0 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: Period During which Redeemed (both dates inclusive) Redemption Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstanding the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporation and to the Trustee during any period when the Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Bonds at any time thereafter. The moneys necessary for any redemption of Bonds shall be paid to or deposited with (i) the Trustee during any period when the Bonds are held for the benefit of the holders of Corporation Bonds and (ii) any fiscal agent designated by the Town during any period when the Bonds are otherwise held, in either case on or prior to the redemption date. All Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. :: : "!i'i ' '.: : · : :'. . : FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Assignee(s): all rights appoints Insert Social Security or other identifying number of the within bond and thereunder, and hereby irrevocably constitutes and attorney to transfer the within bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. · .: · . · : ': .... R-9 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 REGISTERED $15,000 DATE INTEREST RATE 15, 2004 4.30% DATE OF ORIGINAL ISSUE February 15, 1996 REGISTERED OWNER: TICE & CO. 'IPAL SUM: FIFTEEN THOUSAND DOLLARS 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 OWNER named above, or regis~ ~ assigns, on the MATURITY DATE (stated above), the PRINCIP~. ~stated above) upon presentation and surrender of this bond~i ~so long as this bond is held by or for the benefit of~ew~ ~t~e Environmental iFacilities Corporation or of hold~s ~ iq )d~, either at the principal corporate trust offi~ B~aI ~l~ York or at the ~paying agency office in Newton, ~w ~ ~Manufacturers and -Traders Trust Company as d~o~b~ .in called Depository Bank"), or at the princi~I%~por~e ~t office of any successor thereto or (ii) at an~t~ ,.~re~f~at the fiscal agent office designated by the~To~D~o~or such purpose, and to pay 'interest on such ~~~m February 15, 1996 or from the most recent intere~.pa~t~e to which interest has been paid, or unless interest~ ~.~d shall be in default, in which event this bond shall beeCh,est from the date to which interest has been paid in full, at~ INTEREST RATE (stated above), payable on ~June 15, 1996, December 15, 1996 and semi-annually thereafter on June 15 and December 15 of each year until maturity. Interest shall be payable at said offices of the Depository Bank or ~iat said fiscal agent office, as appropriate, on each interest date. The principal of and interest on this bond are in any coin or currency of the United States of America at the date of payment is legal tender for the payment of public and private debts. REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND FORTH HEREIN. 1994 Goes 357 LITHO IN U S A irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by the manual signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) ATTEST: Town 1994 Goes 357 LITPIO IN U $ A This bond is one of an authorized issue, the principal amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). This bond is transferable or exchangeable, solely in accordance with the terms of the Project Financing and Loan Agreement dated as of February 1, 1996 between the Town of Southold (the "Town") and the New York State Environmental Facilities Corporation (the "Corporation"), only upon the books of the Town kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Town duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,000 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: 1994 G</es 357 LITHO IN [J S A Period During which Redeemed (both dates inclusive) Redempt ion Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstanding the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporation and to the Trustee during any period when the Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Bonds at any time thereafter. The moneys necessary for any redemption of Bonds shall be paid to or deposited with (i) the Trustee during any period when the Bonds are held for the benefit of the holders of Corporation Bonds and (ii) any fiscal agent designated by the Town during any period when the Bonds are otherwise held, in either case on or prior to the redemption date. All Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. 1994 Goes 357 I ITHO IN U S A (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Insert Social Security or other identifying number of Assignee (s): all rights thereunder, and hereby appoints the within bond and irrevocably constitutes and attorney to transfer the within bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular', without alteration or enlargement or any change whatever. MaT Investment Group PAID BOND DELIVERY LIST 07/01/04 - 12/31/04 4/12/o5 ISSUE 6452 TOWN OF SOUTHOLD, EFC LANDFILL CUSIP NO. 844991-AU-3 REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) THE HONORABLE JEAN W COCHRAN TOWN OF SOUTHOLD SUPERVISOR 53095 MAIN RD SOUTHOLD NY 11971 1~ M&T Investment Group PAID BOND DELIVERY LIST 4/12/05 PAGE 1 07/01/04 - 12/3~/04 ISSUE 6452 TOWN OF SOUTHOLD, EFC LANDFILL CUSIP NO. S44991-AU-3 REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) PAYMENT CERTIFICATE NUMBERS NO. OF AMOUNT PER TOTAL AMOUNT DUE DATE ITEMS CERTIFICATE PAID 12/15/04 R9 1 15,000.000 15,000.00- BOND TOTAL 1' 15,000.00-* ISSUE TOTAL 1' 15,000.00-* ~ M~ Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 07/01/04 - 12/31/04 TOWN OF SOUTHOLD, EFC LANDFILL REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 4/12/05 CUSIP NO. 844991-AU-3 ENCLOSED ARE PAID SECURITIES AS DESCRIBED IN THE ATTACHED LIST. CORPORA~/TRUST PLEASE ACKNOWLEDGE RECEIPT BY SIGNING AND RETURNING THE ENCLOSED COPY OF THIS STATEMENT. AUTHORIZED SIGNATURE iREGISTERED R-10 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC LANDFILL REMEDIATION SERIAL BOND-1996 REGISTERED $15,000 MATURITY DATE December 15, 2005 REGISTERED OWNER: INTEREST RATE 4.40% TICE & CO. DATE OF ORIGINAL ISSUE February 15, 1996 PAL SUM: FIFTEEN THOUSAND DOLLARS 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 REGISTERED OWNER named above, or registered assigns, on the MATURITY DATE (stated above), the PRINCIPAL SUM (stated above) upon 2resentation and surrender of this bond (i) for so long as this bond is held by or for the benefit of New York State Environmental Facilities Corporation or of holders of its bonds, e~er at the iprincipal corporate trust office in Buffalo, NewSier at the ~paying agency office in New York, New York of M~t~rers and iTraders Trust Company as depository bank (herein~al~d~pository Bank"), or at the principal corporate trust~ic~?~hy successor ithereto or {ii) at any time thereafter,_~a~f~[1 agent office designated by the Town of Southold fo~%h. _~pose, and to pay interest on such principal sum fro~u~5, '1996 or from the imost recent interest payment dat.9~t~~i~terest has been paid, or unless interest on this bo~s~in default, in which event this bond shall bear interes~rd~]~ date to which interest has been paid in full, at the INT~E~RATE (stated above), payable on June 15, 1996, December 15, 1~ and semi-annually thereafter on June 15 and December 15 of each year until maturity. Interest shall be payable at said offices of the Depository Bank or at said fiscal agent office, as appropriate, on each interest payment date. The principal of a~d interest on this bond are in any coin or currency of the United States of America ~which at the date of payment is legal tender for the payment of public and private debts. REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH HEREIN. 1994 Goe! 357 LITHO IN U S A irrevocably pledged to the punctual payment of the principal of and interest on this bond according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the issuance of this bond, exist, have happened and have been performed, and that the issue of bonds of which this is one, together with all other indebtedness of the Town of Southold is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this bond to be executed in its name by the manual signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by the manual signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) ATTEST: 1994 Goes 357 [ ITHO IN U S A This bond is one of an authorized issue, the principal amount of which is $300,000, the bonds of which are of like tenor, except as to number, maturity, interest rate, redemption privilege and denomination, and is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"), the bond resolution duly adopted by the Town Board of the Town of Southold on March 7, 1995, authorizing the issuance of serial bonds of the Town to abandon the refuse disposal landfill area known as the Fisher's Island Metal Dump, on the western side of Fisher's Island, in said Town (the "Resolution"), and the Certificate of Determination executed by the Supervisor as of February 8, 1996, determining the terms, form and details of issuance of said $300,000 EFC Landfill Remediation Serial Bonds-1996 (the "Bonds") and providing for their private sale (the "Certificate of Determination"). This bond is transferable or exchangeable, solely in accordance with the terms of the Project Financing and Loan Agreement dated as of February 1, 1996 between the Town of Southold (the "Town") and the New York State Environmental Facilities Corporation (the "Corporation"), only upon the books of the Town kept for that purpose, by the registered owner hereof in person, or by his attorney duly authorized in writing, upon the surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Town duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds, in the same aggregate principal amount and of the same maturity, shall be issued to the transferee or the registered owner in exchange therefor as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after June 15, 2006, at the option of the Town, the Bonds maturing after June 15, 2006 shall be subject to redemption prior to maturity, in principal amounts of $5,0D0 or integral multiples thereof, in whole at any time or in part on any interest payment date, from any moneys available therefor, in such order of maturities as shall be determined by the Town at the redemption prices (expressed as percentages of the principal amount of such Bonds or portions thereof to be redeemed) set forth below, together with accrued and unpaid interest to the date fixed for redemption: 199~ Goes 357 LITIdO IN U S A Period During which Redeemed (both dates inclusive) Redempt ion Price June 15, 2006 through June 14, 2007 102% June 15, 2007 through June 14, 2008 101 June 15, 2008 and thereafter 100 Notwithstanding the foregoing, no Bond or portion of a Bond that is not in an amount which is an integral multiple of $5,000 shall be subject to such redemption at the option of the Town without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least forty-five (45) days and no more than sixty (60) days prior written notice to (i) the Corporation and to the Trustee during any period when the Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Bonds at any time thereafter. The moneys necessary for any redemption of Bonds shall be paid to or deposited with (i) the Trustee during any period when the Bonds are held for the benefit of the holders of Corporation Bonds and (ii) any fiscal agent designated by the Town during any period when the Bonds are otherwise held, in either case on or prior to the redemption date. All Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Bonds or portions thereof will continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption. (FORM OF ASSIGNMENT) FOR VALUE RECEIVED, the Undersigned hereby sells, assigns and transfers unto Please Insert Social Security or other identifying number of Assignee(s): the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the books kept for registration thereof with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within bond in every particular, without alteration or enlargement or any change whatever. 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 20th day of April, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councitperson William P. Edwards, 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 heretofore determined that it is in the best interests of the Town and the District to acquire various items of equipment pursuant to Section 202-b of the Town Law, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other 447810,1 027135 RES improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; and WHEREAS, grant funds may be received from the United States of America, the State of New York and any other available sources to pay a part of some of such costs, and any such grant funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the bonds isSUed therefor, or shall be budgeted as an offset to the taxes for the,payment of the principal and interest on said bonds; and WHEREAS, the Town Board, has heretofore given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board has heretofore found and determined that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable Federal, State and Local Laws and Regulations regarding environmental matters, including compliance with the New York State Environmental Law and, in connection therewith, a duly processed Negative Declaration and/or other applicable documentation has heretofore been filed in the office of the Town Clerk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to as the Project, at the estimated maximum cost of $1,051,600, and it is hereby 447810.1 027135 RES ORDERED, that the facilities of the District shall be so increased and improved and that the Town or the District shall prepare specifications and make careful estimates of the expense of said increase and improveme,nt of the facilities and a proposed contract or contracts shall be prepared, which specifications, estimate and proposed contract or contracts shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $1,051,600 bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on ~ald bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefitted by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTI-IF.R 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 aRer adoption hereof. DATED: APRIL 20, 2004 TOWN B~)ARD OF THE TOWN OF SOUTHOLD Joshua Y. Herren (~~n~Supen~°r Louis~ P/Evans ~ ] John M. Romanelli X./ Coueilperson 447810.1 027135 RES (SEAL) om [ H Wmkham Daniel C. Ross Councilperson William P. Edwards Councilperson Members of the Town Board of the Town of Southold, New York 447810.1027135RES ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town of Southold, New York Southold Solid Waste Management District (Our File Designation: 2615/27135) November 23, 2004 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor~hfork.net Mr. Robert Smith Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Mr. Smith: In regard to the above referenced bond, enclosed find the following documents: A copy of the Resolution and Order after Public Hearing that was filed with the Suffolk County clerk Should you have any questions, please do not hesitate to call me at your convenience. Very truly yours, Enclosures Lynda M Bohn Deputy 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 20th day of April, 2004. PRESENT: Hon. Joshua Y. Ho~ton, Supervisor Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, 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. FILED NOV 22 2~ RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has heretofore determined that it is in the best interests of the Town and the District to acquire various items of equipment pursuant to Section 202-b of the Town Law, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder.at the estimated maximum cost of $484,000; acquisition of a tractor (track) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other 447810.1 027135RES improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; and WHEREAS, grant funds may be received from the United States of America, the State of New York and any other available sources to pay a part of some of such costs, and any such grant funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the bonds issued therefor, or shall be budgeted as an offset to the taxes for the,payment of the principal and interest on said bonds; and WHEREAS, the Town Board, has heretofore given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board has heretofore found and determined that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable Federal, State and Local Laws and Regulations regarding environmental matters, including compliance with the New York State Environmental Law and, in connection therewith, a duly processed Negative Declaration and/or other applicable documentation has heretofore been filed in the office of the Town Clerk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to as the Project, at the estimated maximum cost of $1,051,600, and it is hereby 447810.1 027135RES ORDERED, that the facilities of the District shall be so increased and improved and that the Town or the District shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and a proposed contract or contracts shall be prepared, which specifications, estimate and proposed contract or contracts shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $1,051,600 bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on Said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefitted by said facilities, so much upon and t~om each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days at~er adoption hereof. DATED: APRIL 20, 2004 TOWN BQARD OF THE TOWN OF SOUTHOLD Joshua Y. Horton C Coucilperson 447810.1 027135RE8 (SEAL) Thom[a[ H-Wickham~ / 0~~ C¢n~n Daniel C. Ross Councilperson William P. Edwards Councilperson Members of the Town Board of the Town of Southold, New York 447810.1 027135RES ELIZABETH A. NEVILLE TOWN CLERK RE~ISTKAR 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) 765-6146 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 27, 2004 Re: Town of Southold, New York Increase and Improvement of Facilities of the Southold Solid Waste Management District Our File Designation: 2615/27135 Mr Robert Smith Hawkins, Delafield, & Wood 67 Wall Street New York, New York 10005 Dear Mr. Smith: Enclosed please find the following in connection with the above referenced bond: (1) (2) (3) (4) Certified Resolution & Order of Public Hearing Certified Resolution accepting Bond Extract of minutes with Affidavit Affidavit of Publication Please do not hesitate to call if there is anything further that you need from me at this time. Thank you. Sincerely, Lynda M. Bohn Southold Deputy Town Clerk eric REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southokl, New York 11971 · Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 3, 2004 Re: Town of Southold, New York *,.~,~ ~ls~e.a~ and Improvement of Facilities of the Southold Solid Waste Management District Our File Designation: 2615/27135 Mr Robert Smith Hawkins, Delafleld, & Wood 67 Wall Street New York, New York 10005 Dear Mr. Smith: Enclosed please find the following in connection with the above referenced bond: (1) Affidavit of Publication Please do not hesitate to call if there is anything further that you need fi.om me at this time. Thank you. Sincerely, Lynda M. Bohn Southold Deputy Town Clerk EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York April 20, 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 20, 2004. There were present: Councilpersons: Hon. Joshua Y. Horton, Supervisor; and Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, Councilperson There were absent: Also present: None Linda J. Cooper, Deputy Town Clerk Patricia Finnegan, Town Attomey At 8:00 o'clock P.M. (Prevailing Time), the Town Clerk stated that a public hearing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, at said time, to consider the increase and improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800, 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 presented affidavits showing that the Notice of said public hearing had been duly published and posted pursuant to the provisions of Article 12 of the Town Law. 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: None The following persons appeared in opposition to said increase and improvement of facilities of the Southold Solid Waste Management District: None 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. On motion of Councilman William P. Edwards, duly seconded by Councilman John M Romanelli, the following Resolution and Order After Public Hearing was duly declared adopted on the following roll call vote: AYES: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, Councilperson NOES: None STATE OF NEW YORK) SSi COUNTY OF SUFFOLK) I, LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, in the County of Suffolk, New York, DO HEREBY CERTIFY that I have compared the preceding Resolution and Order After Public Hearing with the original thereof filed in the Town Clerk's office on the 20th day of April, 2004 and the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 22nd day of April, 2004. (SEAL) Deputy To~n Clerk adoption: Councilperson Daniel C. Ross, offered the following resolution and moved its BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 20, 2004, APPROPRIATING $1,051,600 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $1,051,600 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; AND AUTHORIZING ANY GRANT FUNDS TO BE RECEIVED FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK OR ANY OTHER SOURCES TO BE EXPENDED TOWARDS THE COST OF SAID OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN'S OBLIGATIONS ISSUED THEREFOR, OR TO BE BUDGETED AS AN OFFSET TO THE TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID OBLIGATIONS 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, following a public hearing duly called and held on this date, has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on this date, that it is in the public interest to increase and improve the facilities of the District, as hereinafter described, at the estimated maximum cost of $1,051,600, and has ordered that the facilities be so increased and improved, and that appropriate specifications and an estimate of the cost and contract(s) be prepared for presentation to the Town Board as soon as possible; 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 $1,051,600 for the increase and improvement of facilities of the District, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800 (the "Project"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,051,600. The plan of financing includes the issuance of $1,051,600 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Any grant funds received or to be received from the United States of America, the State of New York or any other available sources in connection with such project shall be applied towards the cost of said object or purpose or redemption of said bonds issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $1,051,600 pursuant to the provisions of the Local Finance Law, 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 object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years as to $1,031,800 of said bonds and ten (10) years as to $74,800 of said bonds. (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 proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. (d) The Town Board, acting in the role of Lead Agency, after due consideration of the impact that the Project may have on the environment, has heretofore found and determined that, pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), no substantial adverse environmental impact will be caused thereby and, in pursuance thereof, a duly processed Negative Declaration and/or other applicable documentation has been heretofore filed in the office of the Town Clerk. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the 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 iff (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. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilperson John M Romanelli and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Joshua Y. Horton, Supervisor; and Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, Councilperson NOES: None The resolution was declared adopted. Councilperson Daniel C. Ross offered the following resolution and moved its adoption: RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: The Town Clerk is hereby directed to publish the foregoing bond resolution, in summary, in the "SUFFOLK TIMES," a newspaper published in Mattituck, 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 Section 81.00 of the Local Finance Law of the State of New York. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilman John M. Romanelli and duly put to a vote on roll call, which resulted as follows: AYE S: Hon. Joshua Y. Horton, Supervisor; and Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, Councilperson NOES: None The resolution was declared adopted. CERTIFICATE 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 from the minutes of a meeting of the Town Board of said Town, duly called and held on April 20, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 22na day of April, 2004. (SEAL) e ' Dep~y Town Clerk LEGALNOTICE The resolution, a summary of which is published herewith, has been adopted on the 20th day of April, 2004, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 20, 2004, APPROPRIATING $1,051,600 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $1,051,600 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; AND AUTHORIZING ANY GRANT FUNDS TO BE RECE1VED FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK OR ANY OTHER SOURCES TO BE EXPENDED TOWARDS THE COST OF SAID OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN'S OBLIGATIONS ISSUED THEREFOR, OR TO BE BUDGETED AS AN OFFSET TO THE TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID OBLIGATIONS. Object or purpose: Increase and improvement of facilities of the Southold Solid Waste Management District, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800 Amount of obligations to be issued: $1,051,600 Period of probable usefulness: fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York 11971. Dated: April 20, 2004 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON APRIL 29, 2004, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: The Suffolk Times Town Board Members Town Attorney Accounting Solid Waste Management District Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the 22nd day of April ,2004, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York and published a printed copy in the Suffolk Times Newspaper. Solid Waste Bond for April 20, 2004 Linda J Coopeq ' Southold Deputy Town Clerk Sworn before me this 22"a day of April ,2004. tNotary Public LYNDA M. BOHN NOTARY PUBL!C, State of New Yo~ No. O~ BO6020932 Qualified in Suffolk Cour~ Term Expires March 8, 20 ~ ELIZABETH A. NEVILI,F, 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. 357 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 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, in said Town, on the 20th day of April, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, 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 heretofore determined that it is in the best interests of the Town and the District to acquire various items of equipment pursuant to Section 202-b of the Town Law, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (track) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; and WHEREAS, grant funds may be received from the United States of America, the State of New York and any other available sources to pay a part of some of such costs, and any such grant funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the bonds issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and WHEREAS, the Town Board, has heretofore given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board has heretofore found and determined that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable Federal, State and Local Laws and Regulations regarding environmental matters, including compliance with the New York State Environmental Law and, in connection therewith, a duly processed Negative Declaration and/or other applicable documentation has heretofore been filed in the office of the Town Clerk; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to as the Project, at the estimated maximum cost of $1,051,600, and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Town or the District shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and a proposed contract or contracts shall be prepared, which specifications, estimate and proposed contract or contracts shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $1,051,600 bonds of the Town, and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefitted by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Heating in the office of the Clerk of Suffolk County within ten (10) days after adoption hereofi Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVIT.T.I~, TOWN CL~,P,K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MAI~TAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 358 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 2004: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED APRIL 20, 2004, APPROPRIATING $1,051,600 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $1,051,600 SERIAL BONDS OF SAID TOWN TO FINANCE SAID GRANT APPROPRIATION; AND AUTHORIZING ANY FUNDS TO BE RECEIVED FROM THE UNITED STATES OF AMERICA, THE STATE OF NEW YORK OR ANY OTHER SOURCES TO BE EXPENDED TOWARDS THE COST OF SAID OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN'S OBLIGATIONS ISSUED THEREFOR, OR TO BE BUDGETED AS AN OFFSET TO THE TAXES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID OBLIGATIONS 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, following a public heating duly called and held on this date, has determined, pursuant to the Resolution and Order After Public Heating duly adopted on this date, that it is in the public interest to increase and improve the facilities of the District, as hereinafter described, at the estimated maximum cost of $1,051,600, and has ordered that the facilities be so increased and improved, and that appropriate specifications and an estimate of the cost and contract(s) be prepared for presentation to the Town Board as soon as possible; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 1N 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 mount of $1,051,600 for the increase and improvement of facilities of the District, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800 (the "Project"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,051,600. The plan of financing includes the issuance of $1,051,600 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Any grant funds received or to be received from the United States of America, the State of New York or any other available sources in connection with such project shall be applied towards the cost of said object or purpose or redemption of said bonds issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $1,051,600 pursuant to the provisions of the Local Finance Law, 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 object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years as to $1,031,800 of said bonds and ten (10) years as to $74,800 of said bonds. (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 proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. (d) The Town Board, acting in the role of Lead Agency, after due consideration of the impact that the Project may have on the environment, has heretofore found and determined that, pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), no substantial adverse environmental impact will be caused thereby and, in pursuance thereof, a duly processed Negative Declaration and/or other applicable documentation has been heretofore filed in the office of the Town Clerk. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the 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 iff (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. This resolution shall take effect immediately. BE IT FURTHER RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: The Town Clerk is hereby directed to publish the foregoing bond resolution, in smnmary, in the "SUFFOLK TIMES," a newspaper published in Mattituck, 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 Section 81.00 of the Local Finance Law of the State of New York. This resolution shall take effect immediately. Elizabeth A. Neville Southold Town Clerk DELAFIELD &WOOD LLP (212) 820-9662 67 WALL STREET NEW YORK~NY 10005 WWW.HDW,COM Town of Southold, New York Southold Solid Waste Management District (Our File Designation: 2615/27135) April 15, 2004 ,APR 1 6 2004 CE NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES Kieran Corcoran, Esq. Assistant Town Attorney Town of Southold 53095 Main Road Southold, New York 11971 Dear Kieran: In connection with the above-referenced matter, I have prepared and enclose herewith the draft Extract of Minutes of the Town Board meeting showing the minutes of the Public Hearing, adoption of the Resolution and Order After Public Hearing, adoption of the Bond Resolution and the resolution directing that such Bond Resolution be published, in summary, together with a Notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, in the "SUFFOLK TIMES," therein designated as the official Town newspaper for such publication. Please note that the Bond Resolution is to be adopted by at least a two-thirds vote of all the members of the Town Board. Publication of the Bond Resolution, in summary, together with the Clerk's statutory form of notice commences a 20-day statute of limitations period pursuant to Section 80.00 et seq. of the Local Finance Law. An extra copy of the summary of the Bond Resolution, with the statutory form of Notice attached, is enclosed for use in publishing. Pursuant to Section 195 of the Town Law, a copy of the Resolution and Order After Public Hearing, certified by the Town Clerk, is to be recorded with the County Clerk within ten (10) days after adoption. For this purpose, I have enclosed several extra copies of the Resolution and Order After Public Hearing with a form of Clerk's Certificate attached. Such recording commences a 3 O-day period for the filing of proceedings for review by certiorari. Kindly obtain and forward to me a certified copy of the Extract of Minutes, an original Affidavit of Publication and proof of due and timely recording of a certified copy of the Resolution and Order After Public Hearing with the County Clerk. 447810.1 027135RES Should you have any questions, please do not hesitate to call me at your convenience. RPS/ml Enclosures Please do not hesitate to call if we may be of further assistance. With best regards, I am Very truly yours, Robert P. Smith 447810.1 027135RES #6014 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published 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 published in said Newspaper once each week for 1 weeks successively, commencing on the 8th day of April ,2004. #6014 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published 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 published in said Newspaper once each week for 1 weeks successively, commencing on the 8th day of April ,2004. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Quollflecl In Suffolk County Commission Expire~ February 28, 2008 · Sworn to bofore mo this 2004 ~" " Principal Clerk by the Town Board (the "Bo~l") of the Town of Sou~hold C'Town"), Suffolk County, New York, on the 6th day of' April, 2004, to consider the acquisition of various items of equipment for use by thc Southold Solid Waste Management District ("District"), including acquisi- lion of a payloader at thc estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maxtmum cost of $484,000; acquisition of a tractor (truck) at the estimated max- imum cost of $104,500; acquisilion of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder ~md other improve- ments on a trailer at the estimated maxi- mum cost of $19,800; with the aggrc~ gate estimated cost the~of not to exceed $1,051,600; provided that grant funds may be received from the United States of America, the State of New York or any other available sources to pay a part of some of such costs. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 8:15 O'e]O~ P2M. (P~v~lng Time), o~ April 2~ 20~4, for th~ put- p~se of conducting a public heauing to c~aaider said acquisition of equipment (the ProjecO, as hereinabove described. At said public hearing, the Town Board will hear all parsons interested in said subject matter thereof concerning Dated: April 6, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTy OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk 6014-1TA8 ELIZABETH A. NE~ J.~. REGISTRAR OF VITA/.; STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INF01:LMATION 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 $OUTHOLD April 13, 2004 Re: Town of Southold, New York Increase and Improvement of Facilities of the Southold Solid Waste Management District Our File Designation: 2615/27135 Mr Robert Smith Hawkins, Delafield, & Wood 67 Wall Street New York, New York 10005 Dear Mr. Smith: Enclosed please find the following in connection with the above referenced bond: (2) (3) (4) (5) (6) Original, signed copy of the order calling public heating Affidavit of Order calling Public Hearing Affidavit of posting of Order Affidavit of mailing of Order Sample of mailed Order Affidavit of Publication Please do not hesitate to call if there is anything further that you need fi.om me at this time. Thank you. Sincerely, Lynda M. Bohn Southold Deputy Town Clerk cc: Town Attorney Town Comptroller ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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. 298 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2004: 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 6th of April, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, 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. ORDER CALLING PUBLIC HEARING TO BE HELD ON APRIL 20, 2004 RECITALS WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has heretofore determined that it is in the best interests of the Town and the District to acquire various items of equipment pursuant to Section 202-b of the Town Law, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (track) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; and WHEREAS, grant funds may be received from the United States of America, the State of New York and any other available sources to pay a part of some of such costs, and any such grant funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the bonds issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and WHEREAS, the Town Board has given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board has heretofore found and determined that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, State and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental 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 20th day of April, 2004, at 8:15 o'clock P.M. (Prevailing Time) to consider said acquisition of equipment (the Project) at the estimated maximum cost of $1,051,600 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in the "SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication, (ii) post on the Town Clerk Bulletin board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii) mail by first class mail to each owner of taxable real property in the District, a notice of such public hearing in substantially the form attached hereto designated Exhibit "A" and hereby made a part hereof, the first publication thereof, said posting and said mailing to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: April 6, 2004 TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEV~.LE 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 $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 316 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's office to retain the services of The Pimlico Group for the printing and mass mailing of the public hearing notice in relation to a proposed bond for the Solid Waste District. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING APRIL 20, 2004 WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 6th day of April, 2004, to consider the acquisition o£ various items of equipment for use by the Southold Solid Waste Management District ("District"), including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost o£ $484,000; acquisition o£ a tractor (truck) at the estimated maximum cost of' $104,500; acquisition o£ a trailer at the estimated maximum cost of $74,800; and replacement o£ the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800~ with the aggregate estimated cost thcreo£ not to exceed $1,051,600; provided that grant funds may be received £rom the United States of America, the State of New York or any other available sources to pay a part of some of such costs. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 8:15 o'clock P.M. (Prevailing Time), on April 20, 2004, for the purpose of conducting a public hearing to consider said acquisition of equipment (the Project), as hereinabove described. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated: April 6, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk Town of Southold Solid Waste Mana~ent District PO Box 962 Cutchogue NY 11935 Presorted First Class Mail U.S. Postage PAID Permit No. 106 Southold, NY TOWN OF SOUTHOLD T1/P648 MAIN ROAD SOUTHOLDNY 11971 RECEIVED APR 9 2004 Sout/~old low. Clerk f~ ~.57 ~.:;'~??~ h,,Ih,,llhh,h,,h,,llhh,hh,hh,h h,,hh,hh,hhi LEGAL NOTICE NOTICE OF PUBLIC HEARING APRIL 20, 2004 WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 6th day of April, 2004, to consider the acquisition of various items of equipment for use by the Southold Solid Waste Management District ("District"), including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; provided that grant funds may be received from the United States of America, the State of New York or any other available sources to pay a part of some of such costs. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town llall, 53095 Main Road, Southold, New York, at 8:15 o'clock P.M. (Prevailing Time), on April 20, 2004, for the purpose of conducting a public hearing to consider said acquisition of equipment (the Project), as hereinabove described. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same, Dated: April 6, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk Town of Southold_ Solid Waste Man~nent PO Box 962 Cutchogue NY 11935 District First Class Mail U.S. Postage PAID PermitNo. 106 Southold~ NY J TOWN OF SOUTHOLD T10/P448 53095 Main Rd Southold. NY 11971-4642 I'"II,,,III,h,I,,,I,,,II,I,,I,II,,,I,,I,,I,II,I,,,J~EC, Li:JjlVED APR 9 2004 $outhohl Town Clerk 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 6th of April, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, 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. ORDER CALL1NG PUBLIC HEARING TO BE HELD ON APRIL 20, 2004 RECITALS WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has heretofore determined that it is in the best interests of the Town and the District to acquire various items of equipment pursuant to Section 202-b of the Town Law, including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; and WHEREAS, grant funds may be received from the United States of America, the State of New York and any other available sources to pay a part of some of such costs, and any such grant funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the bonds issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and WHEREAS, the Town Board has given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board has heretofore found and determined that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, State and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental 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 20th day of April, 2004, at 8:00 o'clock P.M. (Prevailing Time) to consider said acquisition of equipment (the Project) at the estimated maximum cost of $1,051,600 and to hear all persons interested in the subject thereof conceming the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in the "SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication, (ii) post on the Town Clerk Bulletin board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii) mail by first class mail to each owner of taxable real property in the District, a notice of such public hearing in substantially the form attached hereto designated Exhibit "A" and hereby made a part hereof, the first publication thereof, said posting and said mailing to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: April 6, 2004 (SEAL) TOWN BOAI~D OF THE TOWN OF SOUTHOLD J . Joshua Y. Horton, Supervisor a M. R~)~a~.elli, (~q/~tncilperson 1/ Daniel C. Ross, Councilperson William P. Edwards, Councilperson LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 6th day of April, 2004, to consider the acquisition of various items of equipment for use by the Southold Solid Waste Management District ("District"), including acquisition of a payloader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (truck) at the estimated maximum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; provided that grant funds may be received from the United States of America, the State of New York or any other available sources to pay a part of some of such costs. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 8:15 o'clock P.M. (Prevailing Time), on April 20, 2004, for the purpose of conducting a public hearing to consider said acquisition of equipment (the Project), as hereinabove described. At said public heating, the Town Board will hear all persons interested in said subject matter thereof concerning the same. Dated: April 6, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON APRIL 8, 2004, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: The Suffolk Times Town Attorney Accounting Town Clerk's Bulletin Board Town Board Members Each Owner of Taxable Real Property in the District Solid Waste Management District STATE OF NEW YORK ) : SS: COUNTY OF SUFFOLK ) LINDA J. COOPER, being duly sworn, deposes and says: That on the date of execution of this affidavit she is and at all other times hereinafter mentioned she was the duly appointed, qualified and acting Deputy Town Clerk of the Town of Southold (hereinafter referred to as "Town"), in the County of Suffolk, State of New York; That on April 9, 2004, she caused to be mailed via prepaid first class mail addressed to the last known address of each of the owners of real property within the Southold Solid Waste Management District, in the Town, as shown upon the latest completed and filed Special Assessment Roll of the Town, a true and complete copy of the Notice attached hereto and made a part hereof. Subscribed and sworn to before me this 9th day of April, 2004. N~tary t/ublic, State of New York LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk County Term Expires March 8, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) LINDA J. COOPER, being duly sworn, deposes and says: That she is and at all the times hereinafter mentioned she was the duly appointed, qualified and acting Deputy Town Clerk of the Town of Southold, in the County of Suffolk, New York; that on the 9TM day of April, 2004, she caused to be conspicuously posted and fastened up a certified copy of the Order Calling Public Hearing to be held on April 20, 2004, a tree copy and complete of which is annexed hereto and made a part hereof, on the sign board of said Town maintained pursuant to Section 30, subdivision 6, of the Town Law. Subscribed and sworn to before me this 9th day of April, 2004. Deputy T~/wn Clerk LYNDA M. BOHN NOTARy PUBLIC, State of New York No, 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 ~ STATE OF NEW YORK ) : SS; COUNTY OF SUFFOLK ) I, L1NDA J. COOPER, Deputy Town Clerk of the Town of Southold, in the County of Suffolk, New York, DO HEREBY CERTIFY, that I have compared the preceding Order Calling Public Hearing To Be Held On April 20, 2004 with the original thereof filed in my office on the 9TM day of April, 2004, and that the same is a tree and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate seal of said Town on this 9TM day of April, 2004. (SEAL) ' DeputfTowr~ Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING April 20, 2004 8:15 P.M. (actual 8:19 P.M.) HEARING IN THE MATTER OF THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN THE TOWN OF SOUTHOLD, 1N THE COUNTY OF SUFFOLK, NEW YORK PURSUANT TO SECTION 202-b OF THE TOWN LAW. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Deputy Town Clerk Linda J. Cooper Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 6th day of April, 2004, to consider the acquisition of various items of equipment for use by the Southold Solid Waste Management District ("District"), including acquisition of a pay loader at the estimated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition ora tractor (truck) at the estimated maximum cost of $104,500; acquisition ora trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improvements on a trailer at the estimated maximum cost of $19,800; with the aggregate estimated cost thereof not to exceed $1,051,600; provided that grant funds may be received from the United States of America, the State of New York or any other available sources to pay a part of some of such costs. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 8:00 o'clock P.M. (Prevailing Time), on April 20, 2004, for the purpose of conducting a public hearing to consider said acquisition of equipment (the Project), as hereinabove described. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. We have a notice that this has appeared as a legal in the local newspapers, it has also been publicized out on the Town Clerk's bulletin board and I believed there have been postcards mailed to all residents in the districts on this topic. We have a letter from Hawkins, Delafield and Wood who is the Town's bond counsel. I have a number of other technical things but I believe that covers the communications. April 20, 2004 2 Public Hearing-SWD Bond SUPERVISOR HORTON: Thank you very much, Councilman Wickham. address the Board on this public hearing? Mr. Carlin. Would anybody care to FRANK CARLIN: Good evening, ladies and gentlemen on the Board. Frank Carlin, Laurel. The staff of mine is really going overboard, look what they gave me tonight. Before I start, Josh, one question before I start what I want to say here. Oh, I am very surprised that Mr. Bunchuk isn't here tonight to explain some of this equipment and stuff. It is his department. Is the compost operation combined with the garbage disposal operation budget? Is it one budget? SUPERVISOR HORTON: Yes, it is the Solid Waste District budget. There are different lines within that budget but... MR. CARL1N: It is one budget. SUPERVISOR HORTON: Essentially, yes. MR. CARLIN: Okay. I am going to start off, Josh, with a little back history here to bring you up to date because you wasn't here then. Back in 1986, when Ray Dean was the Highway Superintendent. He took care of the both, he took care of the Highway Department and the garbage disposal portion of it, leaves and branches. And Ray Dean was very, real tight on his budget. Whenever he used to come to the Board in October, he would really be really tight on his budget. He watched every penny he spent. And he went along like that when he retired in 1987, I believe it was. And then Ray Jacobs took over and he handled the landfill and the garbage disposal all at one and he was also watches how he spent his pennies. But in 1994, it was taken away from the Highway Department and made a separate department out of it and ever since then, that is all I have been seeing, is money spent down them. Now, I am going to give you a break and only start in 1998, staff didn't want to go back any further. I want to give you some numbers here, oh, by the way, anything I say in here I can prove tonight. SUPERVISOR HORTON: Anything you say is never questioned, Mr. Carlin. MR. CARLIN: On resolutions or agendas and I will be referring to it. Give you a break, 1998. In June resolution 21, a tractor was bought for $5,500. Well, that (inaudible)....what? SUPERVISOR HORTON: Mr. Carlin, this is a public hearing on this very specific .... MR. CARLIN: I am getting into the history of why, why this money should be spent. SUPERVISOR HORTON: I am aware of this. MR. CARLIN: If you don't want to listen to this, you listened to George Penny here one night for an hour and a half on the five acre zoning, you can listen to what I have to say Josh. I know you ain't gonna like what I am gonna say, but I am gonna say it. SUPERVISOR HORTON: It is not a matter of what I like or not, Mr. Carlin. MR. CARLIN: But I am gonna say it the way it is. April 20, 2004 3 Public Hearing-SWD Bond SUPERVISOR HORTON: It is not a matter of what I ..... MR. CARL1N: Are you deferring me to speak at this microphone? SUPERVISOR HORTON: Mr. Carlin, you know better than that. MR. CARLIN: Well, then let me continue. SUPERVISOR HORTON: You know better than that, but it is about a very specific matter here. MR. CARL1N: And I am leading into it. I am leading it. I want to prove to you how much money you spent down there. That is what I am here for. SUPERVISOR HORTON: Okay. MR. CARLIN: Please let me continue. In 1998, bought a screener, didn't get the price on that. In 1999, September resolution 7, bought a tub grinder. In 1999, in January resolution 25, bonded $170,000 to improve the facility of the Solid Waste disposal. Bought a truck and a trailer which sat there for six months before it was even occupied. The one going in there on the right side. 1999, January agenda, resolution 26B, authorize bid for a new scale house for the Solid Waste, cost around $28,000 was bought. 2000, $1.3 million was planned for a transfer station, which was built. 2000, in March, he come looking for $260,000 to purchase a pay loader, which is one of the items tonight which I mentioned (inaudible) which is the items tonight. $260,000 to purchase a pay loader; which I will give him a break, $67,500 was bonded, was a trade-in, so it cost the Town $192,500 for that one, bonded for five years. 2003, spent $160,000 between trees and a cement wall down there. SUPERVISOR HORTON: Thank goodness. MR. CARLIN: And then last March, this is March past here, March 9, resolution #181, a new forklift- $19,340. And 2001, $2.25 million dollars was spent to purchase 17 acres of the McBride property west of the landfill, where that operation is. Now, he is coming and asking for all this kind of a payloader again, $368,500; a grinder-S484,000. Looking for all this again. With that trailer. Another trailer? We bought one about four years ago. What are you gonna do with another trailer for? I want to ask you something else, Josh, I notice on your agendas that this comes up quite often. It come up six times alone in 2003, authorization modification to the Solid Waste District budget, miscellaneous supplies, various service and supplies. What does that mean? He is running over his budget and he is looking for more money from the Town? SUPERVISOR HORTON: No, it is all within his budget. Mr. Carlin and I explained this before, it is a very simple accounting procedure and practice. That when they want to move money from, they want to buy nuts and bolts and it happens to be in a budget line that says miscellaneous, then there is a procedure to account for that money. It is all in the budget. It is not dipping into some slush fund because a slush fund doesn't exist. It is within his budget. MR. CARLIN: I want to say something, Josh. I am going to tell everything tonight, I don't care how long. April 20, 2004 4 Public Hearing-SWD Bond SUPERVISOR HORTON: Let her rip. MR. CARL1N: Let her rip. SUPERVISOR HORTON: As long as it is pertinent to this public hearing. MR. CARLIN: It is pertinent to this public hearing. SUPERVISOR HORTON: Great. MR. CARLIN: Maybe you might not say this is but it is going to connect with why you want to spend this money. Why you are looking to spend this money. In October 2002 budget, the Board voted for 25 items approved of the budget. 25 items. One of those items in there was putting money in the 2003 budget, $750,000 for the Animal Shelter, which was put into that 2003 budget. In March of 2003, he came to the Town Board, Mr. Bunderchuck looking for some more money and you said to him, there are other important things in this Town to look at and I have it right here written from the newspapers in black and white. I can either show it here .... SUPERVISOR HORTON: I won't deny it. MR. CARLIN: I can show it right here. And you said to him, we have other important things to look at and one of them was the $750,000 for the Animal Shelter and the last sentence you said was, 'To provide $750,000 for that construction but has yet to be set aside in the fnnds'. SUPERVISOR HORTON: Mr. Carlin, this is not about the Animal Shelter. MR. CARLIN: Okay. I am gonna ask you this question now, if you don't have that money put away for the Animal Shelter, $750,000, why do you want to spend $1,000,000 now for? SUPERVISOR HORTON: Mr. Carlin, you have asked the question. MR. CARL1N: Whydo you want to spend $1,000,000 now, for? SUPERVISOR HORTON: Mr. Carlin, you asked the question and it has been answered before. The money is set aside in the Capital budget for us to bond the appropriate amount of money necessary to complete the construction of an Animal Shelter and this Board is committed to do that. This public heating is not about the Animal Shelter. MR. CARLIN: You don't have to, I don't want to get into the Animal Shelter. SUPERVISOR HORTON: This is about the Solid Waste district. MR. CARLIN: You don't have to say that but you didn't say that in this here. You didn't say put away in bond, you said in the budget. SUPERVISOR HORTON: It is in the Capital budget. April 20, 2004 Public Hearing-SWD Bond 5 MR. CARLIN: Okay, I will go along with that one then. If that is what you want. But I will tell you one thing. Since that place has been in operation, it has been tapping into the taxpayer's account and I mean a lot, down there. This town, in my opinion, is too small for those kind of operations. SUPERVISOR HORTON: Unfortunately, we were fomed .... MR. CARLIN: I asked this Town Board, Josh, over six months ago what profit had we made in the composting facility area? Nobody could answer. Are we making any money there? We have put all this money in there, charging the people, I just got a complaint tonight from somebody. They charged me 5 cents a pound going over for leaves ..... SUPERVISOR HORTON: Mr. Carlin. MR. CARL1N: But are you making any money in the composting plant there, Josh. SUPERVISOR HORTON: No, I think thus far it is a break-even operation. MR. CARLIN: It has been operational for many years. SUPERVISOR HORTON: It is a break-even operation and I think... MR. CARLIN: What good is it then? If it is break-even? SUPERVISOR HORTON: Mr. Carlin, regardless of how one may feel about this, in the mid 90's, probably the early 90's but the action took place in the mid to late 90's at the New York State Department of Environmental Conservation ordered our landfill shut. MR. CARL1N: I know all about that. SUPERVISOR HORTON: Alright. And quite frankly, my generation thinks that is a good thing, alright? MR. CARL1N: It was the best thing that could have happened. SUPERVISOR HORTON: Right. However, at the same time, when the landfill was shut, all the garbage that each and everyone of us throws out on a daily basis, has to go somewhere. And it cost a lot of money to process it and move it out of town. It is part of our lives. And the garbage you produce and the garbage I produce, it is part of our lives. And it cost money to move it. And I am not here to debate it with you any further. This public heating is about some equipment to necessary to keep our operation afloat. MR. CARLIN: Well, I tell you what... SUPERVISOR HORTON: And I am not excited about it. I can promise you that. I am not excited about this. April 20, 2004 6 Public Hearing-SWD Bond MR. CARLIN: I am gonna say this much but I will tell you one thing, Josh, I am going to tell you like I told Tom Wickham when he was Supervisor. Anytime you want to debate me privately, we will debate it one on one and we will take no time limit. Any place, any time you want to do that. SUPERVISOR HORTON: I am not here to debate you. MR. CARLIN: He didn't want to do it, if you want to do it and give me plenty of time, we will go at it... SUPERVISOR HORTON: We don't need to. You and I are generally on the same side of the fence. MR. CARLIN: So we will do that. See. SUPERVISOR HORTON: Let's just have coffee and discuss the issues. MR. CARL1N: But how come other Towns don't have this problem. When they eliminated their landfills .... SUPERVISOR HORTON: Other Towns, other towns .... MR. CARL1N: .... they went to curbside pickup. Riverhead is a good example. SUPERVISOR HORTON: Hey Frank, this public heating is not about that. MR. CARLIN: It is. I am trying to... SUPERVISOR HORTON: No. Frank, Frank it is not. And other Towns pay a lot more money for a lot poorer service than Southold Town. MR. CARLIN: Oh, come on. Come on, Josh. SUPERVISOR HORTON: It is what it is. MR. CARLIN: We are laying out another million dollars... SUPERVISOR HORTON: It is what it is. Is there anything further on this public heating? MR. CARLIN: Huh? SUPERVISOR HORTON: Is there anything further on this public hearing? MR. CARLIN: Well, I'I1 tell you what, I will make an agreement. I will quit now if you will debate me privately. SUPERVISOR HORTON: I am not looking for a debate. Do you have anything else on this public hearing? April 20, 2004 7 Public Hearing-SWD Bond MR. CARLIN: Yeah, I got a lot to go on it. I am not done yet. I will be here for an hour. That is why I think there is a lot of stuff in here I could talk about. I can prove to you, that we don't need that down there. You are taking a lot of money from the taxpayers and I hope someday they will realize what is going on. He changed to three bags already, he went from the black plastic bags, he went for the plastic bags, now he is with the paper bags and they are going to be blown out of the sky when they get soaking wet, I know, I hope not but it looks like it to me because they are still .... SUPERVISOR HORTON: And the option to that is putting more plastic into the environment. MR. CARL1N: Why. I just proved this right now, we bought a new grinder four years ago and he wants another one. SUPERVISOR HORTON: The current grinder costs us more money to keep in service than it does to buy a new one. Very, very easily shown financial analysis. It is a fact. I am the guy who fought this. Alright, I am the guy who said no to the new grinder until it was spelled out to me in dollars and cents, right down to the penny that refurbishing the current grinder that we have is going to cost us a lot more money than buying a new one. COUNCILMAN ROSS: It was discussed at length. SUPERVISOR HORTON: Frank, and I argued... MR. CARL1N: It is still money, you are still milking the taxpayers in this Town for money all the time.. SUPERVISOR HORTON: Okay. And I argued with the veracity that you are now and from the same point of view. MR. CARLIN: Like you said, the best thing that could of happened, December 18, when Ray Collin Director of the DEC told the State Police to padlock that gate. Best thing that could of happened to that they did padlock it. Wouldn't have had all this problems, we have down there. And I don't see how these people are not complaining that live down there, with that stench you got around there. You can't tell me that when that stuff gets wet, that compost down there and this kind of weather we are going to have a lot of rain .... SUPERVISOR HORTON: And that is something we .... MR. CARLIN: And no cement wall is going to protect none of that odor, don't tell me that. And I am surprised that the North Fork Environmental Agency ain't getting involved in there to see about how much environmental effect it has on it because I will tell you why, they made a big stink for five years about McDonald's with the superstar Linda Fletcher, who lost the battle, that blew the coop after I beat her in the race. SUPERVISOR HORTON: Hey, Frank. I will debate you privately. MR. CARLIN: Good. That is the deal. That is the deal. April 20, 2004 8 Public Hearing-SWD Bond SUPERVISOR HORTON: Would anybody else care to address the Town Board? Frank, please. LEONARD DANK: My name is Leonard Dank. I am not here to engage in any debate, well it is not really debate, since I run a small organization, I realize the power of the podium up there. You keep interrupting, people get discouraged. I don't expect any interruptions, Josh. I am not here to say whether you need or don't need a pay loader or whether you need a new eomposter, I came to a public meeting tonight assuming that we were going to have an explanation to the public not to you, whether Jim Bunchuk, who is a really nice guy, can convince you is not really pertinent to an open form of government, I came here expecting Jim to come tonight and give me, the public, the details of why he would like to spend, in a population of 22,000 whatever it is now, full-time tax paying residents; a cool million dollars for new equipment. And I would like to have asked him and I could ask you, after I am finished, what service does, what particular lack of service do we need these equipment for? Is it because the old ones have broken down? Is it because they have not been maintained? Is it because they have probably been left out in the open and not serviced at all? What is it that we need it for? Is there going to be any accrued interest, any accrued efficiency to our local government. I feel, as many people probably feel here, that I go through Greenport, where my church is, where I lead it and there are piles of garbage out there, piles of debris that are picked up on a regular basis. In Cutchogue we get no such deal. In Riverhead, I go down there and I find that they also pick up regularly, and we get no such deal. Now, I will buy the new equipment, I will pay for it with everybody else. Prove to me you need it. Don't just come to me and say, 'I would like $1,051,000 because I need new equipment'. Tell me why. Thank you. SUPERVISOR HORTON: That is a reasonable expectation. John, would you like to .... COUNCILMAN ROMANELLI: Yeah. SUPERVISOR HORTON: Actually, what we will... MR. DANK: I don't believe that as a resolution coming up, that in any way in justice to the taxpayers of this Town, who just sort of applauded, and I am aghast, I am incredulous that people, that this room is not filled with people asking the same sort of questions that I am asking. I don't ask, I ask you, as I would ask my own Board not to vote on something until you get more input because this is not a public hearing, this is just you men have been presented with some facts, you have been convinced. Now, you are asking us to pay for it. Please, convince us. Thank you. SUPERVISOR HORTON: Thank you. I believe that, just for the record, that everybody in the Solid Waste district would have received a card about this hearing tonight. So we made as good of an attempt as any reasonable human being could make to invite people to the public hearing. And so, your request is reasonable. And before you start, John, I will just say that I believe of this, 50% is reimbursable by the State. That is for anything that has to do with recycling and all this equipment... MR. DANK: I did read that very ambiguous, part of which might be paid. Could you spell it out, please? That is what I came to hear. SUPERVISOR HORTON: I am trying to. I am trying to. April 20, 2004 9 Public Hearing-SWD Bond MR. DANK: But really, can you substantiate it? Not just .... SUPERVISOR HORTON: I can tell you that everything we have put in for reimbursement for under the State's recycling program, we have received reimbursement for. MR. CARL1N: (from audience) (inaudible) in the card, though, did it Josh? COUNCILMAN ROMANELLI: I don't know if it said that in the card but over the years I have worked with Jim Bunchuk as the liaison to the Solid Waste district, I can go right down the items and explain to you why we need them. And I didn't have to be convinced, I have been down there for years working with Jim, so I know the status of some of the equipment. We will start with the pay loader. There are two pay loaders down there, one is larger than the other. One of them was bought used years ago, it breaks down more than it operates, the operating costs and the repair bills on it over the past year were, I think, over $40,000 just to keep it maintained and running. It has got, I want to say, I forget the number of hours, but the number of hours on it is that any dealer tells us is beyond its useful life. We have to operate, all the garbage has to be loaded on to trucks to be trucked out of town, so you need a certain size pay loader to reach the heights of the trucks, to load the trucks to ship all of the garbage out. Most of the time, like I said, we only have one pay loader operating so if you have a pay loader operating down in the compost facility and the truck comes in to take the garbage out, you have lost production time because now you have to drive a pay loader, which aren't very fast from one end of the landfill fi.om the other to load the track. The trucks are not our trucks, they hire their own operators, which are on a schedule; so they have to be loaded quickly. So it makes our facility more efficient and a quicker and cleaner operation. Down equipment costs all of us time and money. The tub grinder that we have is too small for the operation that we have now. It is beat up to the point of, when we amortize that over the maintenance costs over the last five years, within five years is a cost of a new one, which is larger, quicker, faster, has more options on it. Again, since the last tub grinder was purchased, that equipment has improved, so we can do more. Larger composting, larger wood, larger leaves again, faster quicker. SUPERVISOR HORTON: Also c and d. COUNCILMAN ROMANELLI: Yes, it can do some construction, demolition. SUPERVISOR HORTON: Which will bring, if we can get that, the c and d down to a smaller processed size, it costs us a lot less money to truck it out. Because we have just signed an agreement with the Town of Brookhaven that will accept our c and d and we are expecting some real savings as a result of that agreement. COUNCILMAN ROMANELLI: The tub grinder should be 50% reimbursable, it will be 50% reimbursable because it is for composting, which is recycling, so the DEC will reimburse 50% of that tub grinder. The truck, the tractor; the tractor that we have now, again, that was bought used back when Frank put the date out there, that was a used truck when that was bought, we now do a lot of our own self-hauling. Like Josh just mentioned, our c and d. We bring glass and I believe plastics up to Brookhaven, we track that ourselves. It is a truck that again, has over 200,000 miles on it, it has a crack in the frame, it has been welded a couple of times .... April 20, 2004 Public Headng-SWD Bond SUPERVISOR HORTON: Expressway. 10 And I have personally seen it broken down on the Long Island COUNCILMAN ROMANELLI: Right. It is just time, it is just maintenance. You know, I mean no one likes to spend the money but on an operational standpoint, you can't operate with a truck in DOT standards that has a cracked frame, over 200,000 miles on it; when we expect it to continue operating. So it was just time, like any operation, eventually you have to upgrade your equipment. The trailer that we have, we have a line item in here to rebuild the trailer, to rebuild the piston in the trailer that pushes the garbage out. It is a hydraulic piston, leaks like a sieve. It has been maintained over the years but it is an underweight trailer for the kind of work that we are doing. Again, the garbage tonnage increases every year. You know, the population is only 22,000 so many people, but our weight of waste increases every year. SUPERVISOR HORTON: Our personal consumption is going up, household by household. Something to think about. COUNCILMAN ROMANELLI: The newer trailer that we are buying is what we call a walking trailer. It doesn't have a hydraulic piston, there should be less maintenance, it actually, the floor of the trailer actually rolls, so the garbage gets pushed out cleaner and easier. SUPERVISOR HORTON: And we won't be leaking hydraulic fluid onto the ground. COUNCILMAN ROMANELLI: Right. So I can confidently say and I am a taxpayer in this town, too, on a few different properties, I can confidently say that I didn't have to be convinced that any of this equipment was needed. I can tell you that just from being down there, nmning my own operation that owns equipment, seeing the equipment that they have down there, that it was just time. It was at the point where we could not mn the truck anymore, the trailer we could not use anymore and we could barely load the garbage when it comes in to be shipped out. We can all stand here and worry about the cost, but we have in my opinion, we have absolutely no option but to buy the equipment on the table here today. SUPERVISOR HORTON: John, thank you. You did an excellent job explaining that. And sir, your point was well made and well taken. That explanation was necessary. MR. CARLIN: (from audience) What happened to the other trailer that we just bought two years ago? Sitting brand new out there? COUNCILMAN ROMANELLI: I don't know of a brand new trailer that we have sitting around, Frank. I do not know of one. SUPERVISOR HORTON: Excuse me, Frank. Somebody has the floor right now. Go ahead sir. MR. DANK: Mr. Carlin seems to have much more fingertip notes than I do. As I said, I expected Jim to be here, I expected him to tell me, you, the audience, that he had gotten at least six competitive bids for the price of these things or might I suggest that he as gone out and bought a Porsche? $384,000 to April 2O, 2004 11 Public Hearing-SWD Bond me and I really confess great ignorance to a pay loader or to a, one of the other equipment or to a truck or what is a trailer, may I ask you? COUNCILMAN ROMANELLI: It is a tractor-trailer combination. The trailer is used to haul the c and d and some of our recyclables out of town. SUPERVISOR HORTON: And the tractor is the rig. MR. DANK: And what was the cost of that trailer? COUNCILMAN ROMANELLI: The cost of that trailer is $104,000. MR. DANK: That was for the tractor and the truck? COUNCILMAN ROMANELLI: No, that is for the trailer. MR. DANK: Well, I am not here..., just the trailer? Just the trailer. I am not here because I am not an expert, I don't really know anything about, why I have a little 1954 tractor that I baby and I make sure it does the work. I am not impressed by the fact that, the dictum that you present to us that we must for efficiency, have this. I would like to find out first, did you get competitive bids? I am sure you did. SUPERVISOR HORTON: Yes, we did. We are required to by law. MR. DANK: Present them to us, please. So that, is this the highest, the lowest, in-between, who are the makers, why are we buying this specific; you have explained your feeling that we need it. Perhaps you should have a delegation of citizens go up there with Jim Btmchuk and have him show us around and prove to us, if you are asking of us as taxpayers to come up with this, treat us as intelligent human beings. Ask us to make our decision, present us with the facts. You have just presented us with a list of things that you are convinced about. Perhaps you should convince the taxpayers. COUNCILMAN ROMANELLI: Well, it is not that I am trying to convince you, I am trying to present you with the facts. MR. DANK: Those are not facts. COUNCILMAN ROMANELLI: Well, they are facts. A cracked chassis is a fact. Over 200,000 miles on a motor is a fact. MR. DANK: Okay, if it cost you $40,000 a year to maintain a thing that is going to cost us $400,000. Give us 10 years, 6 years of repairs. We will be far ahead. SUPERVISOR HORTON: Would anyone else care to address the Board on this public hearing? Yes, sir. MR. CARLIN: Do you have a committee for that area? A committee like you have other places? A committee. Of people made up like this gentlemen. April 20, 2004 12 Public Hearing-SWD Bond SUPERVISOR HORTON: A committee for landfill purchases? For transfer station pumhases? MR. CARLIN: You don't have one, do you? COUNCILMAN ROMANELLI: We do not. SUPERVISOR HORTON: We do not. MR. CARLIN: Why don't you have one, like you do everyplace else? So people can look into what is going on down there. SUPERVISOR HORTON: The Town Board is the committee for that. MR. CARLIN: You don't have one for the Animal Shelter; you don't have one for this area here. Why are you afraid of here? Have us put it to. SUPERVISOR HORTON: Frank, we are not afraid. MR. CARLIN: Well then have one, then. SUPERVISOR HORTON: We are sitting up here right before you. Would anyone else care to address the Board on this public heating? (No response) We will close this hearing at 8:50 P.M. Linda J. Cooper Deputy Town Clerk #6014 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published 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 published in said Newspaper once each week for 1 weeks successively, commencing on the 8th day of April ,2004. CHRISTINA ¥OLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01-V06105050 Quollflecl In Suffolk Counly .~"o~rnlsslon Expires February 28,.2008 Sworn to before me this 2004 Principal Clerk NOTICE OF PUBLIC HIg.ARING WHEREAS, h has bee~ da~nnined by the Town Board (the "Boazd") of the Town of So~hotd ("Town"), S~ffolk County, New york, ou t~e 6th day of April, 2004, to consider ~he ~.quisition of various items of equipment for use by the Southold Solid Waste Management District ("District"), including acquisi- tion of a payloader at lhe esthnated maximum cost of $368,500; acquisition of a yard waste grinder at the estimated maximum cost of $484,000; acquisition of a tractor (track) at the estimated max- imum cost of $104,500; acquisition of a trailer at the estimated maximum cost of $74,800; and replacement of the hydraulic cylinder and other improve- ments on a trailer at the estimated maxi- mum cost of $19,800; with the aggre- gate estimated cost thereof not to exceed $1,051,600; provided thta grallt g~nds may be received from the Un!ted States of America, the State of New York or any other available sourcus to pay a part of some of such costs.. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New Ytnk, at $:1{ s'e{o~ ISM. ~g COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk 6014-1T A8