Loading...
HomeMy WebLinkAboutSWMD Facilities[] MaT Investment Group ISSUE 2687 TOWN OF SOUTHOLD STATE REVOLVING FUND (EFC POOL 2004D (2670)) PAID BOND DELIVERY LIST 02101/08 - 02129108 10/03/08 cusip NO. 844991-BN-8 TOWN OF SOUTHOLD ATTN: SUPERVISOR PO BOX 1179 SOUTHOLD NY 11971 MaT Investment Group PAID BOND DELIVERY LIST 02/01/08 - 02/29/08 10/03/08 PAGE CUSIP NO. 844991-BN-8 ISSUE 2687 TOWN OF SOUTHOLD STATE REVOLVING FUND (EFC POOL 2004D (2670)) ......... PAYMENT CERTIFICATE NUMBERS NO. OF AMOUNT PER TOTAL AMOUNT DUE DATE ITEMS CERTIFICATE PAID 02/15/08 R4 1 245,000.000 245,000.00- BOND TOTAL 1' 245,000.00-* ISSUE TOTAL 1' 245,000.00-* REGISTERED No. R-4 REGISTERED $245,000 UNITED STATES OF AMERICA STATE OF NEW YORK c,Q~ ~ ~ CO~TY OF SUFFOLK TOWN OF SOUTHOLD EFC SOLID WASTE MANAGEMENT SEPAL BOND-2004 MATURITY DATE INTEREST RATE DATE OF ORIGINAL ISSUE February 15, 2008 2.841% July 22, 2004 REGISTERED OWNER: TICE & CO. PRINCIPAL SUM: TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS The TOWN OF SOUTHOLD, in the County of Suffolk (hereinafter sometimes called the "Recipient"), 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 presentation and surrender of this bond (i) for so long as this bond is held by or for the benefit of the New York State Environmental Facilities Corporation (the "Corporation,") or of holders of its bonds, at either of 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 designated by the Town of Southold for such purpose, and to pay interest on such principal sum from July 22, 2004 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 February 15, 2005, August 15, 2005 and semi-annually thereafter on February 15 and August 15 of each year tmtil maturity. Interest hereon shall be payable at saint 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. REFERENCE IS MADE TO THE FURTHER PROVISIONS OF BOND SET FORTH HEREIN. Town of Southold, New York EFC Solid Waste Management Serial Bond-2004 This bond is one of an authorized issue, the principal amount of which is $3,789,098, the bonds of which are of like tenor, except as to number, maturity, 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"), a bond resolution duly adopted by the Town Board of the Town of Southold on November 25, 1997 and amended March 13, 2001, authorizing the issuance of not to exceed $7,800,000 serial bonds of the Town of Southold to provide funds required by the Town for the increase and improvement of facilities of the Southold Solid Waste Management District (the "Resolution"), and a Certificate of Determination executed by the Supervisor as of July 22, 2004, determining the terms, form and details of issuance of said $3,789,098 EFC Solid Waste Management Serial Bonds-2004 (the "Recipient 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 Finance Agreement dated as of June 1, 2004 between the Recipient and the New York State Environmental Facilities Corporation, only upon the books of the Recipient 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 Recipient 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 therefore as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after August 15, 2014 (the "First Optional Redemption Date"), at the option of the Recipient, the Recipient Bonds maturing after the First Optional Redemption Date shall be subject to redemption prior to maturity, in whole at any time or in part in principal amounts of $5,000 or integral multiples thereof on any interest payment date, from any moneys available therefor, at a redemption price, in either case, equal to the principal amount of such Recipient Bonds to be redeemed, together with (i) the Applicable Redemption Premium and (ii) the accrued and unpaid interest on the principal amount to be redeemed to the date fixed for redemption. In the event that the Corporation refunds the Corporation Bonds and the Recipient Bonds are assigned to such refunding bonds, Recipient consents to the assigmnent of the Recipient Bonds and agrees that the First Optional Redemption Date shall then be the redemption date as provided in such refunding bonds. In the event of any partial redemption, the Recipient Bonds shall be redeemed in such order of maturities as shall be determined by the Recipient. As used herein, "Applicable Redemption Premium" with respect to any maturity of the Recipient Bonds to be redeemed means four percent (4%) of the principal amount of the Recipient Bonds to be redeemed or such lesser redemption premium as is specified in the Notice of Terms (as defined in the Project Finance Agreement) for such maturity and redemption date. Pursuant to Section 3.3(C) of the Project Finance Agreement, the Recipient shall also pay all costs and expenses of the Corporation in effecting the redemption or defeasance of any Corporation Bonds that are redeemed due to the redemption of any Recipient Bonds. Notwithstanding the foregoing, no Recipient Bond or portion of a Recipient 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 Recipient without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least sixty (60) days and no more than seventy-five (75) days prior written notice to (i) the Corporation and to the Trustee for the Corporation's New York State Environmental Facilities Corporation State Clean Water and Drinking Water Revolving Funds Revenue Bonds, Series 2004 D (the "Corporation Bonds") during any period when the Recipient Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Recipient Bonds at any time thereafter. The moneys necessary for any redemption of Recipient Bonds shall be paid to or deposited with (i) the Trustee during any period when the Recipient Bonds are held for the benefit of the holders of Corporation Bonds and (ii) with any fiscal agent designated by the Recipient during any period when the Recipient Bonds are otherwise held, in either case on or prior to the redemption date. All Recipient Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Recipient Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Recipient 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. The faith and credit of the Recipient are hereby 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 and that the issue of bonds of which this is one, together with all other indebtedness dent, is within every debt and other limit prescribed by the Constitution and laws of such State. 1N WITNESS WHEREOF, the Recipient has caused this bond to be executed in its name by the manual or facsimile signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, impressed, imprinted or otherwise reproduced hereon and attested by the manual or facsimile signature of its Town Clerk. TOWN OF SOUTHOLD (SEAL) ATTEST: (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. REGISTERED No. R-5 REGISTERED $250,000 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD EFC SOLID WASTE MANAGEMENT SERIAL BOND-2004 MATURITY DATE INTEREST RATE DATE OF ORIGINAL ISSUE February l5, 2009 3.111% July 22, 2004 REGISTERED OWNER: TICE & CO. PRINCIPAL SUM: TWO HUNDRED FIFTY THOUSAND DOLLARS The TOWN OF SOUTHOLD, in the County of Suffolk (hereinafter sometimes called the "Recipient"), 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 presentation and surrender of this bond (i) for so long as this bond is held by or for the benefit of the New York State Environmental Facilities Corporation (the "Corporation,") or of holders of its bonds, at either of 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 designated by the Town of Southold for such purpose, and to pay interest on such principal sum from July 22, 2004 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 February 15, 2005, August 15, 2005 and semi-annually thereafter on February 15 and August 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. REFERENCE IS MADE TO THE FURTHER PROVISIONS OF BOND SET FORTH HEREIN. Town of Southold, New York EFC Solid Waste Management Serial Bond-2004 This bond is one of an authorized issue, the principal amount of which is $3,789,098, the bonds of which are of like tenor, except as to number, maturity, 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"), a bond resolution duly adopted by the Town Board of the Town of Southold on November 25, 1997 and amended March 13, 2001, authorizing the issuance of not to exceed $7,800,000 serial bonds of the Town of Southold to provide funds required by the Town for the increase and improvement of facilities of the Southold Solid Waste Management District (the "Resolution"), and a Certificate of Determination executed by the Supervisor as of July 22, 2004, determining the terms, form and details of issuance of said $3,789,098 EFC Solid Waste Management Serial Bonds-2004 (the "Recipient 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 Finance Agreement dated as of June 1, 2004 between the Recipient and the New York State Environmental Facilities Corporation, only upon the books of the Recipient 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 Recipient 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 therefore as provided in the Certificate of Determination and upon the payment of the charges, if any, therein prescribed. On or after August 15,2014 (the "First Optional Redemption Date"), at the option of the Recipient, the Recipient Bonds maturing after the First Optional Redemption Date shall be subject to redemption prior to maturity, in whole at any time or in part in principal amounts of $5,000 or integral multiples thereof on any interest payment date, from any moneys available therefor, at a redemption price, in either case, equal to the principal amount of such Recipient Bonds to be redeemed, together with (i) the Applicable Redemption Premium and (ii) the accrued and unpaid interest on the principal amount to be redeemed to the date fixed for redemption. In the event that the Corporation refunds the Corporation Bonds and the Recipient Bonds are assigned to such refunding bonds, Recipient consents to the assignment of the Recipient Bonds and agrees that the First Optional Redemption Date shall then be the redemption date as provided in such refunding bonds. In the event of any partial redemption, the Recipient Bonds shall be redeemed in such order of maturities as shall be determined by the Recipient. As used herein, "Applicable Redemption Premium" with respect to any maturity of the Recipient Bonds to be redeemed means four percent (4%) of the principal amount of the Recipient Bonds to be redeemed or such lesser redemption premium as is specified in the Notice of Terms (as defined in the Project Finance Agreement) for such maturity and redemption date. Pursuant to Section 3.3(C) of the Project Finance Agreement, the Recipient shall also pay all costs and expenses of the Corporation in effecting the redemption or defeasance of any Corporation Bonds that are redeemed due to the redemption of any Recipient Bonds. Notwithstanding the foregoing, no Recipient Bond or portion of a Recipient 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 Recipient without the express written consent of the Corporation. Any such redemption, either as a whole or in part, shall be made upon at least sixty (60) days and no more than seventy-five (75) days prior written notice to (i) the Corporation and to the Trustee for the Corporation's New York State Environmental Facilities Corporation State Clean Water and Drinking Water Revolving Funds Revenue Bonds, Series 2004 D (the "Corporation Bonds") during any period when the Recipient Bonds are held by or for the benefit of the Corporation or of holders of its bonds or (ii) any successor holders of the Recipient Bonds at any time thereafter. The moneys necessary for any redemption of Recipient Bonds shall be paid to or deposited with (i) the Trustee during any period when the Recipient Bonds are held for the benefit of the holders of Corporation Bonds and (ii) with any fiscal agent designated by the Recipient during any period when the Recipient Bonds are otherwise held, in either case on or prior to the redemption date. All Recipient Bonds called for redemption will cease to bear interest on the specified redemption date, provided funds sufficient for the redemption of such Recipient Bonds are on deposit with the Trustee or fiscal agent, as appropriate. If such moneys are not available on the redemption date, the Recipient 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. The faith and credit of the Recipient are hereby 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 Recipient, is within every debt and other limit prescribed by the Constitution and laws of such State. 1N WITNESS WHEREOF, the Recipient has caused this bond to be executed in its name by the manual or facsimile signature of its Supervisor and its corporate seal (or a facsimile thereof) to be affixed, impressed, imprinted or otherwise reproduced hereon and attested by the manual or facsimile signature of its Town Clerk. TOWN OF SOUTltOLD (SEAL) ATTEST: (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. ELIZABETH A. NEVII,I,E TOWN CLEP. K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOHMATION 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 December 15, 2004 Town of Southold, New York Increase and Improvement of Facilities Yo~ File Desi~ation: (2615/26030) Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Enclosed find a certified copy of the original affidavit of publication for the above referenced bond that was published in the Suffolk Times announcing the adoption of this bond. Very truly yours, Lynda M Bohn Deputy Town Clerk Eric Cc: John Cushman, comptroller LIL&%A L. K. McLean Associates, P.C. 437 South Country Road ,. Brookhaven · New York · I 1719 (631} 286-8668 * FAX (631) 286-6314 EUGENE F. DALY, P.E, P T O.E.TM, PRESIDENT and CEO RAYMOND G DiBIASE, P E, P T O ETM, EXECUTIVE VICE PRESIDENT JOSEPH F. CLINE, PE, VICE PRESIDENT ROY R. FULKERSON, PUS, VICE PRESIDENT ALBERT T DAWSON. P.E, VICE PRESIDENT RECEIVED OCT 10 200~ CONSULTING ENGINEERS Associates CHRISTOPHER F DVVYER JAMES L DeKONING, P.E ROBERTA STEELE, P E James Lingg, Project Manager Hawkeye Construction, LLC 100 Marcus Blvd. - Suite 1 Hauppauge, New York 11788 October 6, 2006 Re: Town of Southold - Transfer Station Construction - Contract "D" CO?Y Letter verifying Substantial Completion for Issuance of Maintenance Bond LKMA No. 05-067 Dear Mr. Lingg: As Consulting Engineers to the Town of Southold, our office hereby certifies that the proposed work associated with the Transfer Station Construction - Contract "D" - Electrical has been substantially completed by your company. Therefore, our office requires your company to furnish a Maintenance Bond for 100 percent of the "Total Completed & Stored to Date" for a one year period starting September 1, 2006. Our office received the Electrical Underwriter's Certificate for all of the work performed under this contract. The original certificate has been forwarded to the Town Clerk's Office for their records. A copy of the certificate has also been forwarded to the Building Department for their records. If we can be of any further assistance in the issuance of a maintenance bond for the above referenced project please contact this office. Cc: (1) Underwriter's Certificate Town Clerk's Office w/original certificate James Bunchuck, Solid Waste Coordinator w/enc. Michael J. Verity, Chief Building Inspector w/enc. LKMA File w/enc Very truly yours, Christopher F. Dwyer Associate Newborn Hawkeye Substantial Completion Page I of 1 · Founded in 1950 · BY THIS CERTIFICATE OF COMPLIANCE THE NEW YORK BOARD OF FIRE UNDERWRITERS BUREAU OF ELECTRICITY 40 FULTON STREET ~ NEW YORK, NY 10038 CERTIFIES THAT Upon the application of upon premises owned by HAWKEYE LLC 2 ACCESS ROAD PATCHOGUE, NY 11772, * SOUTHOLD LAND FILL ROUTE 58 SOUTHOLD, NY 11971 Located at ROUTE 58 SOUTHOLD, NY 11971 Application Number: 2094949 Certificate Number: 2094949 Section: Block: Lot: Building Permit: BDC: ns11 Described as a Commercial occupancy, wherein the premises electrical system consisting of electrical devices and wiring, described below, located in/on the premises at.. First Floor, Outside, A visual inspection of the premises electrical system, limited to electrical devices and wiring to the extent detailed herein, was conducted in accordance with the requirements of the applicable code and/or standard promulgated by the State of New York, Department of State Code Enforcement and Administration, or other authority having jurisdiction, and found to be in compliance therewith on the 29th Day of September, 2006. Name QTY Rate RatinA Circuit Type Miscellaneous 2-over head door drives 1-30 a compreser Alarm and Emergency Equipment Transfer Switch 1 0 600 amp Combo Exit and Emergency Light 2 0 Emergency Light I 0 Appliances and Accessories Electric Heater Unit 2 0 60 Wiring and Devices Outlet 39 0 Fixture 3 0 Fixture 1 0 Fixture 35 0 Outlet 30 0 Receptacle 16 0 Switch 9 0 Disconnect 2 0 60 amp Amps Fixture Incandescent Flouresccnt High Intensity General Purpose General Purpose General Purpose General Purpose Continued on Next Page I of 2 seal This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. BY THIS CERTIFICATE OF COMPLIANCE THE NEW YORK BOARD Of FIRE UNDERWRITERS BUREAU OF ELECTRICITY 40 FULTON STREET ~ NEW YORK, NY 10038 CERTIFIES THAT Upon the application of upon premises owned by HAWKEYE LLC * SOUTHOLD LAND FILL 2 ACCESS ROAD ROUTE 58 PATCHOGUE, NY 11772, SOUTHOLD, NY 11971 Located at ROUTE 58 SOUTHOLD, NY 11971 Number: 2094949 Certificate Number: 2094949 Application Section: Block: Lot: Building Permit: BDC: ns11 Described as a occupancy, wherein the premises electrical system consisting of Commercial electrical devices and wiring, described below, located in/on the premises at: First Floor, Outside, A visual inspection of the premises electrical system, limited to electrical devices and wiring to the extent detailed herein, was conducted in accordance with the requirements of the applicable code and/or standard promulgated by the State of New York, Department of State Code Enforcement and Administration, or other authority having jurisdiction, and found to be in compliance therewith on the 29th Day of September, 2006. Name QTY Rathe Rating Circuit Type Receptacle 1 0 50 amp Special Receptacle 1 0 60amp Special Receptacle 5 0 GFCI ~ Service 3 Phase 4W Service Rating 400 Amperes Service Disconnect: I 225 cb Service Disconnect: I 200 cb Meters: 1 seal 2 of 2 This certificate may not be altered in any way and is validated only by the presence of a raised seal at the location indicated. _ QP OUP August 2, 2005 Stanley Farkas, P.E. Regional Solid & Hazardous Materials Engineer NYSDEC-Region 1 SUNY - Building 40 Stony Brook, New York 11790-2356 Holzmacher, McLendon & Murrell, P.C. · H2M Associates, Inc. H2M Labs, Inc. · H2M Construction Management, Inc. 575 Broad Hollow Road, Melville, New York 11747 (631) 756-8000, Fax: (631) 6944122 www.h2m.com RECEIVED Re: Town of Southold Landfffi j~UPo 3 2005 Groundwater Well Monitoring Program Sampling and Lab Analysis Program SOltT 05-01 Southolc Town Cleric Dear Mr. Farkas: On behalf of the Town of Southold, our office completed a quarterly sampling program and laboratory analytical services for the groundwater monitoring well locations at the Cutchogue Landfill located on Middle Road. We provide herein the results of our findings for the routine parameters as identified in 6 NYCRR Part 360-2.11 (d) (6). Sampling Activities The sampling program was conducted by H2M on June 9 and 10, 2005. H2M's sampling protocols called for locating six (6) monitoring well clusters distributed around the perimeter of the landfill. See the attached site plan for the approximate location of the well clusters. Each well cluster is comprised of two (2) monitoring wells, one being screened in the upper depth of the aquifer (IS, 3S, 4S, 5S, 6S and 8S) and one being screened in the lower depth of the aquifer (1D, 3D, 4D, SD, 6D, and 8D). Each water sample from a well was taken by purging three (3) static well volumes with a submersible pump, discharged ten (10) feet from the well and collected with a disposable bailer. Cross contamination concerns were eliminated by using disposable bailers in conjunction with cleaning the submersible pump with laboratory grade biodegradable detergent, (i.e. Alconox) and with disposable nitrile gloves. The sampling program was conducted based on the specifications included in the Southold Landfill Groundwater Quality Assurance/Quality Control Plan. During the sampling activities it was found that the protective well casing for MW-4S was bent at the ground surface and the submersible pump and disposable bailer could not be inserted to allow for sample collection. Analytical Results Each sample was analyzed by H2M Labs, Inc. for the routine suite of parameters as required by NYSDEC Part 360. Table 1 summarizes the groundwater well construction data to include surface elevation, top of casing elevation, depth to water, depth to bottom of borehole and groundwater well installation date. All groundwater wells are constructed with 2" diameter screens and risers and with a 6" diameter protective casing. Table 2 summarizes the field parameters collected during the sampling program along with the laboratory analysis for leachate indicators and inorganic parameters associated with the routine requirements. James Bunchuck, Solid Waste Coordinator August 2, 2005 Page 2 The laboratory test results were compared to the NYSDEC standards as identified in the Division of Water Technical and Operational Guidance Series (TOGS) (1.1.1) - Ambient Water Quality Standards and Guidance Values dated June 1998. A set of the H2M Labs, Inc. data packages are enclosed for your records as follows: · Sample Data Summary Package · Metals Data Package · Wet Chemistry Data Package Conclusions A review of the groundwater well laboratory data and a comparison to NYSDEC groundwater standards indicate that several wells in the sampling program exceed the State groundwater standards. Table 3 has been provided which summarizes the exceedances for inorganic parameters including iron, manganese, and sodium. No laboratory data trend analysis was performed as this sampling round was the second conducted for MW-1 S, ID, 4D, 5S & 5D since the 1990's and the second conducted for MW-3S, 3D, 6S, 6D, 8S & 8D since they were installed in December 2002 and January 2003. The next quarterly sampling round will be conducted during the first week of September 2005. If any questions arise on the sampling program or laboratory results please contact our office at 756-8000 (x 1610). Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. ~ Vice President Project Manager GWD:gjc Enclosures CCl NYSDEC-Stony Brook (w/attachments) Patricia A. James Bunchuck (w/attachments) X:~SOHT (Town of Southold) - 10900~SF 8-2-05,doc Table 1 Town of Southold Sanitary Landffil Groundwater Monitoring Wells Sampling Program June 2005 MW-iS MW-ID MW-3S MW-3D MW-4S°~ MW-4D MW-5S MW-5D MW-6S MW-6D MW-SS MW-81~ Surface Elevation (t~.) 47.0 47.0 52.4 52.4 51.50 51 ~ Riser Diameter (in.) 2 2 2 2 2 2 2 2 2 2 2 2 -- Screen Diameter (in.) 2 2 2 2 2 2 2 2 2 2 2 2 Casing Diameter (in.) 6 6 6 6 6 6 6 6 6 6 6 6 Top of Piping Elevation (~.) 44.38°) 44.39°~ 49.22~4~ 49.53~4~ 63.66 o~ 63.76 o~ 68.44~ 67.89o) 55.81o) 55.78~.4) 55.31~4~ 54.19~4} Depth To Water (l~.) (2t 51.90 52.13 50.25 50.20 50.02 50.00 49.95 51.56 51.44 51.77 51.67 Depth To Bottom (l~.) 55 140 55.5 123 135 55 140 61 144 60 138 Installation Date 5-1-91 6-18-91 12-14-02 1-9-03 5-7-91 5-30-91 5-3-91 5-22-91 12-12-02 12-23-02 12-19-02 12-19-02 Notes: (1) Well casing was damaged and could not be sampled. (2) Measurement taken on 6/9/05 fi.om the top of PVC riser. (3) Data reference - N.G.V.D. 1929 for riser elevation. (4) Data reference - mean sea level for casing elevation. X:~SOHT (Town of Southold) - 10900\Table l june dam.doc Id _ GBOLJP Table 2 Town of Southold Sanitary Landfill Groundwater Monitoring Wells Sampling Program June 2005 Page 1 of 2 UNIT MW-IS MW-ID MW~3S MW-3D MW~4S MW-4D MW-SS MW-5D MW-6S MW-6D MW-SS MW-SD NYSDEC O) Standard (21 Field Parameters(s) Static Water Level f~ Specific Conductance mS/em 3.65 4.31 9.24 10.45 6.53 6.66 5.92 4.2 4.65 8.3 9.2 Temperature o C 17.5 17.4 17.2 17.3 17 16.9 17.2 17.1 17 17 17 Floaters / Sinkers N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A PH s.u. 7.34 7.25 8.15 8 7.3 7.65 7.6 6.55 6.65 8 8.14 Eh MV 30 24 -5 - 12 12 21 16 -25 -28 19 25 Dissolved Oxygen m~/l 6.4 5.4 9.3 10 7 7.5 7.3 8.4 8.2 9.7 10 Field Observations Turbidiy NTL~' 30.2 43.2 44A 28.4 10.5 35.3 48.2 49.2 47.0 33.2 35.1 Leachate Indicators Total Kjeldahl Nitrogen m~./1 0.16 0.29 0.32 0.26 4.17 3.74 3.94 3.61 4.68 3.21 3.12 Ammonia pg/l 0.12 <0.1 0.10 0.11 4.65 4.70 4.63 4.29 4.09 3.60 3.86 2,000 Nitrate pg/I 5.35 5.44 1.16 1.06 3.18 3.10 3.08 3.30 3.19 3.21 3.19 10,000 Chemical Oxygen Demand mg/I < 10 < 10 14.3 29.3 14.3 14.3 11.8 16.8 11.8 14.3 26.8 Biochemical Oxygen Demand rog/1 < 2 < 2 <2 <2 <2 < 2 <2 < 2 < 2 3 <2 Total Organic Carbon m~,/1 <1 < 1 6.1 6.7 3.7 4.5 4.4 3.6 3.5 3.4 3.9 Total Dissolved Solids rog/1 223 208 126 136 135 148 163 171 153 142 161 Sulfate /t~l 23.8 27.7 15.2 14.9 19.8 19.8 20.3 45.2 19.7 18.4 20.1 250,000 Alkalinity m~/1 3.9 4.3 61.8 59.2 41.9 54.8 51.2 25.2 41 38.8 44.1 Phenols /~g/l < 5 < 5 < 5 < 5 <5 < 5 < 5 < 5 < 5 < 5 < 5 1 Chloride p.~/1 73.6 74.6 6.6 6.6 24.6 23.3 23.1 24.9 24.2 24.9 23.7 250,000 Bromide /tg/1 < 0.5 < 0.5 <0.5 0.9 1.7 <0.5 0.7 1.0 0.6 <0.5 0.6 2~000 Total Hardness (as CaCO3) m~/1 62 68 88 80 60 60 70 62 58 58 60 Inorganic Parameters UNIT MW-IS MW-ID MW-3S MW-3D MW-4S MW-4D MW-5S MW-5D MW-6S MW-6D MW-SS MW-8D NYSDEC O) Standard (2) Cadmium pg/I < 0.65 0.75 < 0.65 < 0.65 < 0.65 < 0.65 < 0.65 < 0.65 < 0.65 < 0.65 < 0.65 5 Calcium pg/l 12,000 12,400 20,000 21,300 10,200 10,400 10,500 9,860 10,700 9,240 10,500 Iron ,ag/I ~c 169 31.8 26.6 207 89.9 77.6 ~ 235 300 Lead gg/l < 1.7 < 1.7 < 1.7 2.2 < 1.7 < 1.7 < 1.7 2 < 1.7 2 < 1.7 25 Id _, G OUP Table 2 Town of Southold Sanitary Landfill Groundwater Monitoring Wells Sampling Program June 2005 Page 2 of 2 UNIT MW-IS MW-iD MW-3S MW-3D MW-4S MW-4D MW-5S MW-5D MW-6S MW-6D MW-SS MV~-SD NYSDEC O) Standard Masnesium /x~/l 7,000 7,240 3,650 3,900 7,330 6,810 6,850 7,000 7,400 6,600 7,150 35,000 Manganese ttg/l 17.9 13.0 ~ ~ ~ ~ ~ ~ ~ ~ ~ 300 Potassium /~/1 2,050 2,170 10,400 11,300 9,670 10,600 10,500 9,440 10,100 8,860 9,820 Sodium ttg/l ~ ~ 5,150 5,220 17,900 15,900 15,400 17,100 17,400 16,700 16,400 20,000 Notes: (1) Monitofing well MW-4S could not be sampled due to a damaged casing durmg the June 2005event (2) NYSDEC Standard as identified in Division of Water Technical and Operational Guidance Series (TOGS) ( 1.1.1 ) - Ambient Water Quality Standards and Guidance Values, Dated June 1998. (3) Measurement taken in field on June 9, 2005 (4) ~ shaded areas exceed NYSDEC Class GA - Groundwater Standards. XSSOHT (Town of Southold) - 10900\Table 2juneO5.doc Table 3 Town of Southold Sanitary Landfill Groundwater Monitoring Wells Sampling Program Excursions (1) June 2005 NYSDEC Parameter Unit MW-IS MW-1D MW-3S MW-3D MW-4D MW-5S MW-5D MW-6S MW-6D MW-8S MW-8D Standard ¢2) Iron /z~! 555 352 325 320 300 Manganese /~/] 1,410 1,500 652 677 686 650 691 596 661 300 Sodium /z~/! 43,100 44,300 20,000 Notes: (1) For Samples collected June 9 & 10, 2005. (2) NYSDEC Standard as identified in Division of Water Technical and Operational Guidance Series (TOGS) (1.1.1) - Ambient Water Quality Standards and Guidance Values, Dated June 1998. x:SOHT 05-01\Table 3 June data GROUN~ATER MONffORING ~LL LOCATION MAP LI[A A L. K. McLean Associates, PC. (631 ) 286-8668 · FAX (631 ) 286-63 i4 EUGENE F DALY, PE., PTOE FMr PRESIDENT and CEO RAYMOND G DiBIASE, P.E, P TO ETM, EXECUTIVE VICE PRESIDENT JOSEPH F CLINE, PE, VICE PRESIDENT ROY R FULKERSON, PL S , VICE PRESIDENT ALBERT T DAWSON, PE., VICE PRESIDENT March 2, 2005 RECFIV~I~IINSUI.TING ENGINEERS ~/{\R 8 2005 Associates CHRISTOPHER F DWYER JAMES L DeKONING, PE ROBERTA STEELE, PE Southold Town der[ Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 ATT: Donna Stein, Supervisor RE: COPY Town of Southold Transfer Station Town of Southold, New York R.P.Z. Installation LKMA No. 04050 Dear Ms. Stein, As consulting engineers for The Town of Southold we have been retained to prepare the design for a Reduced Pressure backflow preventer (RPZ) and a master meter installation at the above referenced facility. The proposed project consists of the reconstruction of a Commercial drop-off facility and to provide public water supply to existing buildings on site currently using private well water. Due to limited water availability from the Suffolk County Water Authority the peak demand will be limited to 15 GPM. In compliance with the requirements c~ the New York State Health Department, Suffolk County Department of Health Services and ' ~ Suffolk County Water Authority, a RPZ is proposed for this service. The RPZ will be Ioc,~ted in a heated enclosure near the property as shown on the attached plans. We propose to install a FEBCO Model 860-1-inch RPZ. At peak demand of 15 GPM, the head loss through the RPZ is estimated at 14 PSI. Should you have any questions on the above or the attached drawings, kindly contact this office. Very Truly Yours~,~! Associate cc: File Christopher Dwyer, Associate LKMA Lawrence Anderson, SCWA · Founded itt 1950 · L. K. McLean Associates, P.C. 437S uth£ou ryRoad * Btookhavvn · Nc~ Y.Ik ,, 11719 (631 ) 286-8668 ,, FAX (63 i) 286-63 t,4 EUGENE F DAL¥, P.E, P T O.ETM, PRESIDENT and CEO RAYMOND G. DiBIASE, PE, PTO E mr EXECUTIVE ViCE PRESIDENT JOSEPH F. CLINE, PE, VICE PRESIDENT ROY R FULKERSON, PLS, VICE PRESIDENT ALBERT T DAWSON, P.E, VICE PRESIDENT Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 ATT: Donna Stein, Supervisor RE: RECEiV~5)sst, t xINc~ ENGINEERS March 2, 2005 Associates 8 2005 CHRISTOPHER F DWYER JAMES L DeKONING, P E ROBERT A. STEELE, PE. $outhold Town Clef[ COPY Town of Southold Transfer Station Town of Southold, New York R.P.Z. Installation BP 2000223155/CA 3000451205 LKMA No. 04050 Dear Ms. Stein, Please find 5 copies of plans for the subject project. Based on your comments dated February 24, 2005 the drawings have been revised for your review. The following is a list of responses to your comments in the same order as your comment letter. 1. 'Al! oPthe drawings are now stamped by Ray DiBiase in accordance with your request. 2. The required 30" clearance from centerline of device to the floor of the enclosure is now shown on sheet 4 of 7. 3. The required 30" clearance from centedine of device out when the enclosure is open is now shown on sheet 4 of 7. 4. Based on water availability we have revised our drawings to show a I inch RPZ. 5. As with the previous comment the drawings have been revised. 6. The enclosure has been moved to provide an 8 foot offset from the edge of the enclosure to the property line. 7. The compliance letter has been revised as well as the F236 application. 8. This comment no longer applies since a bypass is no longer required. 9. Based on water availability we have revised our drawings to show a 1 inch RPZ. 10. The Engineering letter has been revised and is now addressed to you. Page 1 of 2 Founded bt 1950 · LIh% A L. K~ McLean] Associates, P C. 11~ Hot box dimensions have been added as well as Hot Box details as shown on sheet 6 of 7. Should you have any questions on the above or the attached drawings, kindly contact this office. y.erv Truly Youths--, James L, DeKoning, P.E. Associate CC; File Christopher Dwyer, Associate LKMA Page 2 of 2 JOSHUA Y. HORTON SUPERVISOR OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD RECEIVED Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 March 3, 2005 Suffolk County Water Authority Cross Connection Control Department 4060 Sunrise Highway Oakdale, NY 11769 %uthol,'l 1'own Cler~ COPY RE: Town of Southold Transfer Station Town of Southold, New York R.P.Z. Installation LKMA No. 04050.000 Gentlemen: I request that water service be provided to the above named facility. This request is being made with the understanding and agreement that we will at our expense comply with any and all changes requested by the New York State Department of Health Services. The Public Health code prohibits any connections before a backflow prevention device. Should any connections be made, I understand that I am in violation and I must take appropriate action to remove said violations. Should we fail to comply with these requests, it is understood that the service will be terminated within 30 days. Ve.ry truly yours, Supervisor CFD:jnr cc: File Christopher Dwyer Associate, LKMA Lawrence Anderson, SCWA NEW YORK STATE DEPARTMENT OF ~RALTH ~ FOR APPROVAL OF BACKFLOW pREVENTION DEVICES FOR DEPARTMENT USE ONLY COMPLETE 1 THRU 12 ONLY. 1. Name of Facility: I 2. City, Village, 4. Exact Location of Facility; i.e., Street Address: 5. Approx. Location of Device: 7. N~e & Title of ~er: '~o%~ OV ~T%%oLb Mailing Address: LOG NO.: Town: r~~? Owner' s Slgnatu Date: 9. Design Enginee~ or ~chitect: ~ ~A~me~ ~. '~i~Z ~, 11. Water system Pressure (psi) at Point of Connection Min. 3. County 6. Mfg., Size, Model No. of Device(s) TelephOne Number 8. Nature of'Works New [4/ Revised 10. NYS License No. Telephone No. 12. Estimate Install Cost: 13. Degree of Hazard: [ ] Hazardous [ ] Aesthetically Objectionable List Processes or reasons which lead to degree of hazard checked above: 14. Public Water Supply Name: Name & Title of Suppliers Designated Rep. ' ~uffolk County Water Authority Mailing Address: ~unrise Hwv/Pond Road Signature* ~ Telephone #: * Your signature endorses proposal 563-0266 NOTE: Ail applications must be accompanied by plans, specifications and an 'n ' describing the project in detail. The project must first b~ submitted to the Department of Health Services, who will forward it to the war~i~i supplier. This form must be prepared with ~ copies off all plans, specificatio~ and supporting information. GEN 236 (4/85) PROJECT LOCATION ~x~ LOCATION PLAN NOT TO SCALE APPLICANT: TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 PURPDSE~ INSTALLATION OF AN R.P,Z, DEVICE SUFFOLK COUNTY TAX MAP NOJ 1000 096-01-17,3 RAYMOND G, DiBIASE N,Y, P,E, ND, 56985 LOCATION PLAN NOT TO SCALE SOUTHDLD LANDFILL TRANSFER STATION TOWN OF SOUTHOLD, SUFFOLK COUNTY MARCH 2005 DRAWING PREPARED BY~ L, K, McLEAN ASSOCIATES, P,C, CONSULTING ENGINEERS 437 SO, COUNTRY ROAD, DROOKHAVEN, NEW YORK SHEET 1 OF 7 PRIVATE WATER MAIN PROPERTY LINE 1" DIA 'K" COPPER PIPE RPZ LOCATION MASTER METER LOCATION NDTE~ LOCATION DF RPZ IS APPRDX, 10' WEST DF MIDDLE RDAD AND 1161' SOUTH DF COX LANE PROPERTY LINE RAYMOND G, Di]~IASE NiY, P,E, ND, 56985 RPZ LAYOUT T TO CALE SOUf OL¢ LANDFILL TRANSFER STATION TOWN BF S~UTHOLD, SUFFOLK COUNTY MARCH aO05 DRAWING PREPARED BY, L, K, HcLEAN ASSOCIATES, P,C, CONSULTING ENGINEERS 437 SD, COUNTRY ROAD, BRDDKHAVEN, NEW YORK SHEET 2 OF 7 SCALE HOUSE- BUILDING COMMERCIAL DROPOFF FACILITY 1161' TO COX LANE RPZ LOCATION METER LOCATION ,..~.~P R IVATE ~. ?~WATERMAIN ",, RAYMOND G, :gl:BlASE N,Y, P,E, ND, 56985 10' +/ TO MIDDLE ROAD PLOT PLAN NUT TD SCALE SDUTHBLD LANDFILL TRANSFER STATION TOWN DF SDUTHDLD, SUFFOLK COUNTY MARCH 2005 DRA~ING PREPARED BY: L. K. McLEAN ASSOCIATES, P,C, CBNSULTING ENGINEERS 437 SG COUNTRY ROAD, ~RDDKHAVEN, NE~ YORK SHEET 3 OF 7 22" CONC. 8"MIN I , 19-5/8~ , · -- 3-11/16~ 56" 3-11/16' CONC. f 50" MIN. CLEARANCE WHEN OPEN PLAN VIEW ' r HOT BOX MODEL HB1T~ REAR LID SEAM FEBCO MODEL ~860- 1" I SEAM 18" MIN. 30" CONC. SLAB - 4" THICK ELEVATION VIEW RPZ DEVICE DETAILS RAYMOND G, Di]~IASE N,Y, P,E, ND, 56985 RPZ DEVICE DETAILS NOT TO SCALE SDUTHBLD LANDFILL TRANSFER STATION TrqWN DF SBUTHE}LD, SUFFOLK COUNTY MARCH 2005 DRAWING PREPARED L, K, McLEAN ASSDCIATES, P,C, CONSULTING ENGINEERS 437 SD, COUNTRY ROAD, BROBKHAVEN, NEW YORK SHEET 4 DF 7 NOTE: ALL VALVES, BENDS AND FITTINGS TO BE PER THE LATEST AWWA AND SCWA STANDARDS. PROPERTY LINE ~ = TYPICAL S.C.W.A. WATER AND METER VAULT. PROPOSED 1" RPZ FEBCO 1" RPZ #860 WITH BALL VALVES BOX HEATED ENCLOSURE MODEL HB1T. SEE ELECTRICAL DRAWINGS FOR POWER CONNECTION EXISTING GRADE EXISTING GRADE --~- TO FACILITIES S.C.W.A. WATER MAIN APPROX. LOC. 1" DIA. "K" COPPER PIPE RAYMOND G, DiBIASE N,Y, P,E, ND, 56985 RPZ DEVICE DETAILS -2 NOT TO SCALE SBUTHBLD LANDFILL TRANSFER STATIrqN TO~/N OF SOUTHOLD, SUFFOLK COUNTY MARCH 2005 DRA~/ING PREPARED DY~ L, K, McLEAN ASSOCIATES, P,C, CONSULTING ENGINEERS 437 SO, COUNTRY ROAD, DROOKHAVEN, NEY/ YORK SHEET 5 OF 7 - INTERNAL ANCHORS (T~P.) 27" CONTINUOUS HINGE AT REAR 35" HOT BOX - MODEL HB1T] -- -- T REAR LID SEAM HASP FRONT LID SEAM FRONT LID SEAM HASP LID SEAM ] CONC. SLAB I 36% x 22"W DRAIN I x 4" T (TYP.OF 2) I --~ , FLANGE HOT BOX MODEL HB-1T DETAILS RPZ DEVICE DETAILS -3 NOT TO SCALE SOUTHOLD LANDFILL TRANSFER STATION TO~/N OF SOUTHOL]), SUFFOLK COUNTY MARCH 2005 DRA~/ING PREPARED BY: L, K, McLEAN ASSOCIATES, P,C, CONSULTING ENGINEERS RAYMOND G, DiBIASE 437 so. COUNTRY ROAD, BROOk;HAVEN, NEY/ YORK SHEET 6 BF 7 1, BackF[ow prevention device sha~[ be Furnished with adequate supports, 2. Gravity drains sha[[ be designed For the greatest discharge possible, Drains shaLL not be subject to CLoodlng and shall be screened at both ends. 3 The dischar§e ends oF gravity drains shall be visible such that they con be checked dai(y. 4 Ai~ ~ap separations shoo be as shown~ 5, BackF[ow ppeven¢ion devices sho[[ no¢ be subjec~ to Fpeezin~ ap Flooding. 6. In no case shall ~he installation oF bcckC[ow prevention devices include unprotected bypass pipin~ Closed valves on the bypass piping do no~ constitute protection, Ail valves sh~[[ open counter clockwise Exdudin~ the wa~er meter, aU pipin0 shaU be unbranched ~nd unrestricted From the w~%ep m~in ~o the bockFiow prevention device, 9, The ins¢~L(o~ion shoLL be performed by ~ Ucensed p(umber, lO. No ~eod solder sh~(( be used Fop the installation. The w~¢ep district shoLL hove unrestricted ~ccess ¢o ~(( ~o~ep meters b~ckFLow prevention devices, B~ckF[o~ prevention devices mus~ be tested cnnuoUy by ~ New York cep¢i~ie~ ~ester, 13, Test reports must be submitted ¢o bo~h the wc~er district ond the cppropri~¢e County Depor~men~ aC HeaLth, 14, ALi ins~oLLo~ions shoLL conCorm ~o both the w~¢ep district's rules re~utctions, pLumbin~ codes, cnd New York Stc¢e HeaLth Dep~rtmen¢ regu(c~ions. Layouts shown ~re opppoximo¢e. Adjustments moy be required ¢o s~¢is~y Ninimum deoe~nces shoo be moin~oined. The ins~LLe~ shoU submi¢ ~ cot;Log oF sp~ne poets to the ownee. UnLess spec[~icoLLy shown, v~Lves shotL be bolt voLves on ~esiUent wedge go~e valves, AU valves sho[[ hove non-~ising BockPkow p~even~ion devices shown on specified one pnesenCed ~s ~ guide, Equipmen~ m~y be ¢unnished CrOM any monuPacturer deemed occep~obLe by ~he wo~en district, Untess o~hepwise no~ed, wo~ep tines shaft be ins~oL[ed wi~h a minimum coven o¢ 5'-0'. 15¸ 16. 17, 18. 19. G, DiBIASE N,Y, P.E, NB, 56985 NOTES SBUTHBLD LANDFILL TRANSFER STATION TOWN DF SBUTHBLD~ SUFFOLK COUNTY ~ARCH 8005 DRAWING PREPARED BY: L. K, NcLEAN ASSOCIATES. P.C, CONSULTING ENGINEERS 437 SO COUNTRY ROAD, BROOKHAVEN, NEW YORK SHEET 7 BF 7 Town of Southold, New York Southold Solid Waste Management District (Our File Designation: 2615/26030) November 23, 2004 Mr. Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Mr. Fernandez: In regard to the above referenced bond, enclosed ftnd the following documents: 5. 6. 7. 8. An affidavit of mailing from Pimlico Group A copy of the Resolution and Order after Public Heating that was filed with the Suffolk County clerk An affidavit from the Town clerk regarding the Resolution and Order after Public Heating An affidavit from the Town Clerk regarding the extract of minutes Certified resolution of the Resolution and Order after Public Hearing Certified resolution of the adoption of the bond Abstract of minutes Legal Notice of adoption as it appears in the Suffolk Times 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 ol~l'ie Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold in said Town, on the 16th day of November, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M. Romanelli, Cotmcilperson 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 ~ EDWARD P. ROMAINE CLERK OF SUFFOLK COUNTY 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 increase and improve the facilities of the District pursuant to Section 202-b of the Town Law, by expanding the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project"). The estimated maximum cost of the Project is $3,250,000, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $50,000; and WHE~S, funds may be received from the l~l~ed States of America, the State of New York and any other available sources by grant or any other available sources to pay a part of some of such costs, and any such funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the bonds and/or notes issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds and/or notes; 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 Review Act (hereinafter sometimes called ("SEQRA"), have given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to SEQRA, has heretofore found and determined that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and, in connection therewith, a duly processed Negative Declaration and/or other applicable documentation has heretofore been issued and filed in the office of the Town Clerk; NOW, THEREFORE, on the basis of the information given at such heating, 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 $3,250,000, 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 by the Town Attorney, 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 $3,250,000 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 benefited 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'~SRDERED, that the Town Clerk rec~Fd a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: November 16, 2004 TOWN BO:~D OF THE TOWN OF SOUTHOLD Joshua Y. I~orton Supervisor \ CTcilperson ~/~ Councilperson William P. Edwards Councilperson (SEAL) Members of the Town Board of the Town of Southold, New York DELAFIELD ,&WOOD LLP (212) 820-9416 67 WALL STREET NEW YORK, NY 10005 Town of Southold, New York Southold Solid Waste Management District (Our File Designation: 2615/26030) November 15, 2004 NEW yORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO John Cushman Town Comptroller Town of Southold 54375 Route 25 Southold, New York 11971 Dear John: In advance of the public hearing scheduled to be held at 4:30 PM on November 16th, 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 ~. 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 30-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. 460794.1 026030RES Should you have any questions, please do not hesitate to call me at your convenience. GF, Jr./dfg Enclosures Please do not hesitate to call if we may be of further assistance. Thanking you and with kind regards, I remain s? Gerard Fernandez, Jr. cc: Kieran Corcoran (via email) 460794.1 026030 RES LEGAL NOTICE NOTICE OF ADOPTION The resolution, a summary of which is published herewith, has been adopted on the 16th day of November, 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 NOVEMBER 16, 2004, APPROPRIATING $3,250,000 FOR THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $3,250,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; AND AUTHORIZING ANY FI. JNDS TO BE RECEIVED FROM THE UNITED STATES OF AMERICA AND/OR THE STATE OF NEW YORK BY GRANT 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 SAD OBLIGATIONS Object or purpose: The increase and improvement of facilities of the Southold Solid Waste Management District ("District"), in the Town ("Town"); as therein described at the estimated maximum cost of $3,250,000; appropriating $3,250,000 therefor; authorizing the issuance of $3,250,000 serial bonds of the Town to finance said appropriation; and at the estimated maximum cost of $3,250,000; authorizing any funds to be received from the United States of America and/or, the State of New York by grant or any other sources to be expended towards the cost thereof 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; Amount of obligations to be issued: $3,250,000 Period of probable usefulness: twenty (20) 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: November 16, 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 NOVEMBER 24, 2004, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Comptroller Town Clerk Bulletin Board Town Board Members Solid Waste Management Town Attorney Hawkins, Delafield & Wood STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~9-- day of ~O,.,*,,,da~ .2004, she affixed a notice of which the annexed printed notice is a tree 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. NOTICE OF ADOPTION, November 16, 2004. Southold Town Clerk Sworn before me this ~ day of ~0~.~', 2004. Notary Public LYNDA M. BOHN I~IOTAFIY PUBLIC, State of New Yo~ No. 01 BO6020932 Qualified in Suffolk Counb/ Term Expires March 8, 20 ~33 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. 815 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2004: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 16, 2004, APPROPRIATiNG $3,250,000 FOR THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $3,250,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; AND AUTHORIZING ANY FUNDS TO BE RECEIVED FROM THE UNITED STATES OF AMERICA AND/OR THE STATE OF NEW YORK BY GRANT 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 $3,250,000, 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 amount of $3,250,000, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $50,000, for the increase and improvement of facilities of the District, by expanding the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as the reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (the "Project"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof in the amount of $50,000, is $3,250,000. The plan of financing includes the issuance of $3,250,000 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 funds received or to be received from the United States of America and/or the State of New York by grant or from any other available sources in connection with the Project shall be applied towards the cost thereof or redemption of said bonds or any bond anticipation notes 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 $3,250,000 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 Project, being the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 6-a of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 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 and the Town have complied in every respect with applicable Federal, State and Local Laws regarding environmental matters and the Town Board, acting in the role of Lead Agency, pursuant to State Environmental Quality Review Act (hereinafter sometimes called "SEQRA"), has given due consideration of the impact that the Project may have up on the environment and, on the basis of said consideration, has heretofore found and determined that that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and, in connection therewith, the duly processed Negative Declaration and/or other applicable documentation has been heretofore issued and 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 if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. BE IT FURTHER RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 1N 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. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 814 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 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, 53095 Main Road, Southold in said Town, on the 16th day of November, 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 increase and improve the facilities of the District pursuant to Section 202-b of the Town Law, by expanding the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing inter alia, an information booth, an addition to the Station and the Re-Usc Center, as well as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project"). The estimated maximum cost of thc Project is $3,125,00, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $50,000; and WHEREAS, funds may be received from the United States of America, the State of New York and any other available sources by grant or any other available sources to pay a part of some of such costs, and any such funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the bonds and/or notes issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds and/or notes; 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 Review Act (hereinafter sometimes called ("SEQRA"), have given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to SEQRA, has heretofore found and determined that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and, in connection therewith, a duly processed Negative Declaration and/or other applicable documentation has heretofore been issued and filed in the office of the Town Clerk; hereby NOW, THEREFORE, on the basis of the information given at such hearing, it is 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 $3,250,000, 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 by the Town Attorney, 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 $3,250,000 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 benefited 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 Hearing in the office of the Clerk of Suffolk Cotmty within ten (10) days after adoption hereof. Elizabeth A. Neville Southold Town Clerk EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York November 16, 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, 53095 Main Road, Southold, New York, in said Town, on November 16, 2004. There were present: Hon. Joshua Y. Horton, Supervisor; and Councilpersons: Louisa P. Evans, Justice John M. Romanelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, Councilperson There were absent: None Also present: Elizabeth A. Neville, Town Clerk Patricia Finnegan, Town Attorney At 4:30 o'clock P.M. (Prevailing Time), the Town Clerk stated that a public hearing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, at said time, to consider the increase and improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, by expanding the existing Transfer Station (hereinafter sometimes called the "Station") by constructing, inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and an installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project") at the estimated maximum cost of $3,250,000, ,including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $50,000, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk presented affidavits showing that the Notice of said public hearing had been duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law. The Supervisor stated that the heating 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: The following persons appeared in opposition to said increase and improvement of facilities of the Southold Solid Waste Management District: 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 Justice Louisa P. Evans, duly seconded by Councilman John M Romanelli, the following Resolution and Order After Public Heating was duly declared adopted on the following roll call vote: AYES: Hon. Joshua Y. Horton, Supervisor; and Louisa P. Evans, Justice John M. Roma~nelli, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson William P. Edwards, Councilperson NOES: none A regular meeting of the TlYam Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold in said Town, on the 16th day of November, 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 o f 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 HEAR1NG 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 increase and improve the facilities of the District pursuant to Section 202-b of the Town Law, by expanding the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project"). The estimated maximum cost of the Project is $3,250,000, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $50,000; and WHEREAS, funds may be received from the United States of America, the State of New York and any other available sources by grant or any other available sources to pay a part of some of such costs, and any such funds received or to be received shall be applied towards the cost of said object or purpose or redemption of the b~nds and/or notes issued therefor, or shall be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds and/or notes; 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 Review Act (hereinafter sometimes called ("SEQRA'), have given due consideration to the impact that the Project may have on the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to SEQRA, has heretofore found and determined that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and, in connection therewith, a duly processed Negative Declaration and/or other applicable documentation has heretofore been issued and 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 $3,250,000, 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 by the Town Attorney, 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 $3,250,000 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 benefited 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 hereof. DATED: November 16, 2004 TOWN~ARD OF ~/[~E TOWN OF SOUTHOLD /t4'~'~ ~shu~a y.~Horton' - Supervisor Evans Daniel C. Ross Councilperson William P. Edwards Councilperson (SEAL) Members of the Town Board of the Town of Southold, New York adoption: Councilman Thomas H. Wickham offered the following resolution and moved its BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 16, 2004, APPROPRIATING $3,250,000 FOR THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $3,250,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; AND AUTHORIZING ANY FUNDS TO BE RECEIVED FROM THE UNITED STATES OF AMERICA AND/OR THE STATE OF NEW YORK BY GRANT 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 · improved, and that appropriate specifications and an estimate of t~ 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 amount of $3,250,000, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $50,000, for the increase and improvement of facilities of the District, by expanding the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as the reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (the "Project"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof in the amount of $50,000, is $3,250,000. The plan of financing includes the issuance of $3,250,000 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 funds received or to be received from the United States of America and/or the State of New York by grant or from any other available sources in connection with the Project shall be applied towards the cost thereof or redemption of said bonds or any bond anticipation notes 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 autl~rized to be issued in the principal amount of $3,250,000 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 Project, being the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 6-a of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 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 and the Town have complied in every respect with applicable Federal, State and Local Laws regarding environmental matters and the Town Board, acting in the role of Lead Agency, pursuant to State Environmental Quality Review Act (hereinafter sometimes called "SEQRA"), has given due consideration of the impact that the Project may have up on the environment and, on the basis of said consideration, has heretofore found and determined that that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and, in connection therewith, the duly processed Negative Declaration and/or other applicable documentation has been heretofore issued and 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'Wssued 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--6f the provisions of the constitution. This resolution shall take effect immediately. EXHIBIT "A" BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 16, 2004, APPROPRIATING $3,250,000 FOR THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $3,250,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; AND AUTHORIZING ANY FUNDS TO BE RECEIVED FROM THE UNITED STATES OF AMERICA AND/OR THE STATE OF NEW YORK BY GRANT 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: The increase and improvement of facilities of the Southold Solid Waste Management District ("District"), in the Town ("Town"); as therein described at the estimated maximum cost of $3,250,000; appropriating $3,250,000 therefor; authorizing the issuance of $3,250,000 serial bonds of the Town to finance said appropriation; and at the estimated maximum cost of $3,250,000; authorizing any funds to be received fi.om the United States of America and/or, the State of New York by grant or any other sources to be expended towards the cost thereof 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; Amount of obligations to be issued: $3,250,000 Period of probableusefulness: twenty (20) 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: November 16, 2004 Southold, New York 460794.1 026030 RES The adoption of the foregoing resolution was seconded by Justice Louisa P. Evans and duly put to a vote on roll call, which resulted as follows: adoption: 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 The resolution was declared adopted. Councilman Thomas H. Wickham offered the following resolution and moved its RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 1N 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 Justice Louisa P. Evans 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 460794.1 026030 RES on the 16~ day of November, 2004, and the validity of the obligations autho- rized by such resolution may be here- after 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 autlmfized to expand money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not sub- stantially complied with, and an action, suit or procex, ding contesting such validity is commenced within iwenty days after the publicatiofi of this Notice, or such obligations were authorized in violation of the provisions of the consti- tution. ELIZABETH A. NEVILLE Town Cleric BOND RESOLUTION OF THE TO'hnN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 16, 2004, APPROPRIATING $3,250,000 FOR THE INCREASE AND IMPROVE- MENT OF THE FACILITIES OF THE SOUTHOLD SOLID WASTE MAN- AGEMENT DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF $3.250,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION; ~ON OF THE TOWN'S OBLIGATIONS ISSUED ~ OR TO I~ IM.{DOBI'BD A.q AN O~F- SET TO THE TAXES FOR THE PAY- IVIENT OF THE PRINCIPAL OF AND INTEREST ON SAID OBLIGATIONS Object or purpose: T h ¢ taxes for the payment of the principal of Amount of obligations to I~ issued: twenty (20) years tioa sU0UParized above shall be avali- Southold Town C~ed~ SOUTHOLD TOWN SOLID WASTE DISTRICT P.O. BOX 962 CUTCHOGUE, NEW YORK 11935-0962 Presorted First Class Mail U.S. Postage PAID Permit No. 42 Cutchogue, NY OA~LD T9/P30 OLD NY 11971-4642 I,,,ll,,,lll,l,,I,,,I,,,Ihl ...... h,,Ih,,llhh,h,,t,,,lllh,,hh,,hhhh,h,,Ihh,,,I,II ~SO~LD SOLID WASTE MANAGEMENT DISTRICT T9/P I - 53095j~/IAIN RD '~OUTHOLD NY 11971-4642 I II IIII I I III" ............ h,,Ih,,llhh,h,,h,,llth,,hh,,hhhh,h,,Ihh,,,I,II .COUNTY & TOWN O~LD T9/P42 IN RD LD NY 11971-4642 h,,Ih,,llhh,h,,h,,Ihl William P. Edwards, Councilperson NOES: None The resolution was declared adopted. 460794.1 026030RES CERT~ICATE I, ELIZABETH A NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town, duly called and held on November 16, 2004, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this ~r~ '~ day of November, 2004. (SEAL) 460794 1 026030 RES SOUTHOLD TOWN BOARD PUBLIC HEARING November 15, 2004 7:00 P.M. 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. Present: Absent: Supervisor Joshua Y. Horton Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Justice Louisa P. Evans SUPERVISOR HORTON: Good evening and welcome to the Public Hearing regarding the Southold Town Solid Waste Transfer Station Facility. If you will please rise and join with me in the Pledge of Allegiance. We will commence the public hearing starting with the reading of the notice and a brief explanation by Councilman Wickham. In addition, we have our engineer for this proposed project here to go over the suggested site improvements. As well, we have made available for everybody on your way in, on the right, there is a handout that has, should serve as an informational sort of packet for you. It has a couple of site maps as well as some written information. So, if you didn't get one of those and you would like one, feel free to do so. They are right out by the door, to the left, in the box. COUNCILMAN WICKHAM: 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 expand the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing, inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as reconstruction of the existing Scale House and completion of construction of the Track Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project"). The estimated maximum cost of the Project is $3,250,000, including preliminary costs incidental thereto and to the financing thereof in the amount of $50,000; and November 15, 2004 2 Public Hearing--Solid Waste Bond 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 and the Town have complied in every respect with all applicable Federal, State and local laws and regulations regarding environmental matters, have given due consideration to the impact that the Project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA') has heretofore found and determined that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and in connection therewith, the duly processed Negative Declaration and/or other applicable documentation has been issued and 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 15th day of November, 2004, at 7:00 o'clock P.M. (Prevailing Time), to consider the Project at the estimated maximum cost of $3,250,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (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 heating. EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING November 15, 2004 WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 19th day of October, 2004, to consider the increase and improvement of the facilities of the Southold Solid Waste Management District ("District"), by the expansion of the existing Transfer Station within the District including the construction of an information booth, an addition to the Transfer Station and the Re-Use Center, November 15, 2004 3 Public Hearing--Solid Waste Bond reconstruction of the existing Scale House, completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads and construction of curbs and walkways, fencing, landscaping and grading and improving the site (the "Project"); the estimated maximum cost of Project is $3,250,000, including preliminary costs and incidental and financing costs in the amount of $50,000; provided that grant funds may be received from the United States of America, the State of New York or any other available soumes to pay a part of some of such said costs. Pursuant to the New York State Environmental Quality Review Act ("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type I Action having no significant adverse environmental impact; a Negative Declaration has been issued and tiled. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 7:00 o'clock P.M. (Prevailing Time), on November 15, 2004, for the purpose of conducting a public hearing to consider the Project, as described above. At the public hearing, the Town Board will hear all persons interested in the proposed Project. COUNCILMAN WICKHAM: And I have here a notification that this legal has been posted on the Town Clerk's bulletin board outside. It has also appeared as a legal in the Suffolk Times newspaper and Mr. Supervisor, I don't have any other communications on this public hearing. SUPERVISOR HORTON: Thank you, Councilman Wickham. As we move into the public hearing, again, we will have a brief presentation from our engineer to speak through some of the site improvements and at the conclusion of his presentation to the public and the Town Board, we will offer the floor to the public to address points specific to this public hearing. So, actually, Mr. Dwyer, if you would please. We have Chris Dwyer from McLean Associates Engineering firm. COUNCILMAN WlCKHAM: I overlooked one small point, if you will excuse me, there was one additional communication. This is an affidavit of mailing. "I, the undersigned being duly sworn, depose and say: 1. I am the President of the Pimlico Group, a direct mail finn with an office in Mattituck, here in New York; and 2. That on November 2, November 3 and 4 of this year, I 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, as shown in the latest completed and filed Special Assessment Roll of the Town, a true and complete copy of the notice of this Public Hearing, attached hereto and made a part hereof. Signed, Carmine Arpaia, the Pimlico Group." SUPERVISOR HORTON: Thank you, Councilman Wickham. And Mr. Dwyer, if you would commence. CHRIS DWYER: Good evening, my name is Chris Dwyer, I am an associate partner with L.K. McLean Associates, I am also a town resident and I have worked with the town to build the conceptual plan, to reorganize some of the roadways and to make some improvements in the existing waste handling facilities at the Cutchogue Waste Management Facility. November 15, 2004 4 Public Heating--Solid Waste Bond SUPERVISOR HORTON: Hold on for one second. Can you hear him alright? MR. DWYER: Again, I was asked to develop a conceptual drawing, a design, to reorganize the roadways, some of the waste handling facilities at the site. One of the main improvements was to develop a new entrance and exit to the facility off of Cox Lane. We feel that the development of the new entrance and exit roadway will facilitate a more safe exit and entrance to the site. The main component of the project entails a large transfer station building, a new metal building, that would be able to house not only the commercial waste but the Town's residential waste as well, so incorporating everything under one roof. It also entails the construction of a new, a new weigh facility which would incorporate the existing scale house and relocation of the scale house, over to a new location that would be further away from the County roadway 48. Another improvement would consist of moving the existing employee parking area and administrative building over closer to the building itself, in order to phase away the old entrance and exit to the site. All new roadways, curb, sidewalk; we will incorporate drainage, new drainage and we will be able to facilitate the construction of the new proposed home exchange, all within the same area for residential waste drop-off. We feel that by separating the residential waste handlers from the commercial, that also would provide a better flow of traffic on site, more efficient waste handling and also a much safer on site condition as well, for most of the residents. That is pretty much, if you have any questions regarding any of the renderings that were developed, again, they are conceptual, it is not a final design by no means but some input from the Director of Solid Waste as well as the Town Board went into it. SUPERVISOR HORTON: Chris, thank you very much for the explanation and also thank you for putting these together. I think it is very helpful to everybody that is here to have them. A couple of points that I think the Board wanted to make sure was mentioned was that, currently the facility is, all of you I am sure have been there at some point in time or driven past it and have noticed the amount of litter that, you know, blown up by the wind and makes it way off the site, you know gets hung up in the trees, it gets hung up in yards adjacent to the facility and makes its way across Route 48 into some of the farm fields, the vineyards there. The purpose behind the larger building, it will be an industrial grade building and we expect it to have, at minimum a 65 year life, which I think is important to note. The main thing here that I think is at issue and which is of grave importance is that all handling of trash will be done inside. So there won't be the opportunity for trash to escape and blow away off the site or even around the site, it is a much cleaner, organized way, much more cleaner and organized way to actually have the trash handled. At this point, we will offer the floor to the public to address the Town Board, regarding any points and questions on the facility. Yes, sir. And I am sorry, I didn't do my usual announcement. When addressing the Board, we ask that you do so from one of the two podiums at the front of the room and state your name and address so we can have that as part of our public record. Yes, sir? DAVID THIEL: My name is David Thiel, I live at 775 West Cove Road in Cutchogue. I moved to this town a year ago. Without a doubt, this is the biggest boondoggle I have ever seen in my life. Why in the world are we spending $3.5 million on a dump? In case you haven't looked over there, it is a dump. It will never be Central Park. Why are we putting in shrubbery, curbs, drainage, new roadways? People have been using that area for 50 years, probably. It is a dump. That is all it will ever be is a dump. You people must stay awake at nights thinking of ways to waste people's tax money. I am looking at my tax bill from the Town of Smithtown. We have got a hell of a lot more services and both of these houses are assessed at the exact same value, $5,700. Now, in your Town I November 15, 2004 5 Public Hearing--Solid Waste Bond paid $900 last year. In the Town of Smithtown I paid $400. I not only got leaf pickup, I got three garbage pickups, I got the bags supplied to me, I got snowplowed every time it snowed. The first thing come down here and this Town gives you absolutely nothing for twice the price. Now where do you think you are coming off enhancing the village of a dump. I live five miles away. The only people that are ever there, there are four houses within a half mile proximity of that dump. Now, I have been to that dump probably every week since I have lived here for a year. That is 52 weeks. I haven't seen the litter that you are talking about in the trees, I haven't seen a problem over there. This to me is the biggest waste of taxpayers funds that I could see in my lifetime. Now you, your claim to fame in the paper yesterday, that you were a tugboat .... SUPERVISOR HORTON: Excuse me, sir? MR. THIEL: .... you worked on a tugboat. SUPERVISOR HORTON: Excuse me, sir? MR. THIEL: Yes? SUPERVISOR HORTON: My, A. I don't have a claim to fame and B. there is not a need in the world that I can think of to personalize any component of this public hearing. MR. THIEL: Well, I think there is a personal thing here. SUPERVISOR HORTON: No, no. Excuse me, sir. If you have a specific point .... MR. THIEL: Well, I am saying it is a big waste of taxpayers funds. It is never going to be Central Park and I don't think that we need any of this improvement. People have been using that dump and just because a woman got killed last year, that is a shame, and you are going to put in all this curbing and shrubs. What the hell do you think you are making there? The deer don't care and the poor people that .... SUPERVISOR HORTON: Okay, you have made your point, sir. MR. THIEL: .... live there. SUPERVISOR HORTON: You have made your point. Thank you. Would anybody else care to address the Town Board? Yes, sir. TIM KILCOMMONS: Good evening, my name is Tim Kilcommons, I live at 1000 Water Terrace, here in Southold. I am also an employee of the Suffolk County Water Authority and that is actually why I am here tonight. I just wanted to know if any consideration has been given to fire protection or if any is even needed and if so, what are you looking for? SUPERVISOR HORTON: Are you here as a representative of.... MR. KILCOMMONS: Of the Water Authority, yes. November 15, 2004 6 Public Hearing--Solid Waste Bond SUPERVISOR HORTON: You have been asked to come here by the Suffolk County Water Authority? MR. KILCOMMONS: Yes. SUPERVISOR HORTON: Actually, Mr. Bunchuk and Mr. McLean can speak to that. I am surprised that Steve Jones himself actually didn't give me a call and ask that question. COUNCILMAN ROMANELLI: What was the question again? MR. KILCOMMONS: The question is if you need fire protection at all for the facility and if so, what were the considerations that were given to it? SUPERVISOR HORTON: Yeah, that is fine and there is actually a good answer with that but I just want to make it straight, you are, you have been asked to come hem as a representative of the Water Authority for that specific piece of information? MR. KILCOMMONS: That is right. SUPERVISOR HORTON: Okay. Chris, please. By all means. MR. DWYER: The state is requiring for any transfer station facility, you do have to provide means for fire suppression at a waste handling facility. Most of the bunkers that we have developed on here are separated by 16-inch concrete walls in order to isolate the extent of a fire as a hazard. COUNCILMAN ROMANELLI: Don't we have a well in there, too, Chris? Don't we have a fire well in there? SUPERVISOR HORTON: We have wells and water from the Water Authority. MR. DWYER: Yes. COUNCILMAN ROMANELLI: And is the Water Authority volunteering to bring us water? MR. KILCOMMONS: No, I guess, I don't know what you currently have, I mean, I assumed you had fire wells there, the water you have right now from the Water Authority... SUPERVISOR HORTON: The Water Authority main runs right along Route 48, so I don't think the need to tap that... MR. KILCOMMONS: But that came up... SUPERVISOR HORTON: I don't think it is going to be, would be an issue. MR. KILCOMMONS: Actually, it would be because when we install that main from the evergreen pump station, we asked for locations from the fire department for hydrants, just so we could know for November 15, 2004 7 Public Hearing--Solid Waste Bond in the future because there is no capacity for fire protection from the main. That is what the question is, coming up. SUPERVISOR HORTON: I didn't catch your whole name? MR. KILCOMMONS: It is Tim Kilcommons. SUPERVISOR HORTON: Alright. Well, those points you raised and I will speak with Mr. Jones. MR. KILCOMMONS: Okay. SUPERVISOR HORTON: I will call him tomorrow. But the site currently has wells specifically for fire protection and adequate pumpage. MR. KILCOMMONS: Okay. Thanks. SUPERVISOR HORTON: Thank you very much. COUNCILMAN ROMANELLI: Does the Water Authority have an answer to the capacity problem? MR. KILCOMMONS: The answer would be to connect, if you get more capacity into the pipes, which you can't do from that one single station at Evergreen, you would have to pipe it. COUNCILMAN ROMANELLI: I am curious if you guys had the answer to it, to pipe it. MR. KILCOMMONS: Yeah, the answer would be to increase the flow available, which would mean probably... COUNCILMAN ROMANELLI: Do you guys have the flow? MR. KILCOMMONS: .... to do that would be, yeah, from Main Road up to Depot, where it joins at Evergreen now. COUNCILMAN ROMANELLI: So you have the flow to do that? MR. KILCOMMONS: Yeah, from Main Road. SUPERVISOR HORTON: Thank you very much. Are there other comments? Yes, ma'am. BARBARA REITER: Barbara Reiter, 165 Westview Drive, Mattituck. I am concemed about who prepared the estimate. Did McLean the Engineers, prepare it? SUPERVISOR HORTON: Yes. MS. REITER: The estimate on the cost? November 15, 2004 Public Hearing--Solid Waste Bond SUPERVISOR HORTON: That is correct. 8 MS. REITER: And is there some time frame for completion? And is there a schedule for each particular phase? SUPERVISOR HORTON: Mr. McLean? Those are great questions, thank you. MR. DWYER: Yes, our firm prepared a preliminary cost (inaudible) and as far as the phasing, we identified all the different components, proposed components of the site, with an actual dollar figure that has been provided to the Town. The total cost estimate does include engineering, as well. MS. REITER: It does? MR. DWYER: It does. SUPERVISOR HORTON: Yes. MR. DWYER: And it also has been updated for recent increases in steel price as well as concrete. As far as the phasing of the construction, I estimate a construction period of nine to twelve months... MS. REITER: Really? MR. DWYER: .... from start to finish. Yes. It is something that we have already accomplished similar in East Hampton, Springs. Very similar in size and in features, the proposed features and of course, the biggest obstacle is always your spacing construction with on going operations but if it is proposed properly and organized from the beginning it maintains very easy for residents to have continued service while new construction is ongoing. SUPERVISOR HORTON: Thank you, Mr. McClean. Mr. Dwyer, I am sorry. MS. REITER: And could I ask you about funding? SUPERVISOR HORTON: Yes. MS. REITER: What do you anticipate you would receive from the federal and state governments? SUPERVISOR HORTON: We have done a, and I have a very conservative analysis, so the numbers I have in regard to money we would receive back through the New York State Department of Environmental Conservation are conservative. I believe, particularly given our past performance, we have always received, it is quite likely that we would receive more than what I have factored into here but given a conservative analysis, we expect $528,000 back from New York State. The, so as not to dramatically impact the tax district and the tax rate, we have structured the debt service, the paying of the bond, over a 20 year period and the annual cost to the taxpayer per $6,000 value, would be $7.00. In 2006 and ending up in 2005 at $2. The cost of the project, the way we are trying to fund this, is again, not impact the tax rate or to impact the tax rate as little as possible and to do that, we have designated surpluses from fee collection to offset the debt service. So, what we are looking at now, my November 15, 2004 9 Public Hearing--Solid Waste Bond conservative figures have $528,000 back from the State, the remaining $2.7 million would be funded in part by fee surpluses and the average total cost per household over the life of the 20 year bond would be $109. MS. REITER: Mmmhmm. So, actually the State is not granting any money? You are talking about a bond. SUPERVISOR HORTON: Part of the bond will be paid by State grant. In order to get the grant, you have got to initiate the project and have your funding in place. MS. REITER: But don't you have to submit a grant proposal? SUPERVISOR HORTON: Actually you have to submit affidavit and receipt of work completed. MS. REITER: So you don't receive reimbursement until you spend the money. You spend the money first and then apply for refund? SUPERVISOR HORTON: That is correct. You put the money up and then are reimbursed, yes. MS. REITER: And you are talking about State, what about Federal? SUPERVISOR HORTON: We will be pursuing Federal funding as well but I wanted to put a conservative analysis together to not count on money that perhaps may be there, I wanted to work with real numbers. MS. REITER: I see. Thank you. SUPERVISOR HORTON: Thank you, ma'am. Yes, Mrs. Taylor. BARBARA TAYLOR: Barbara Taylor, 21755 North Road, Cutchogue. On the map and see where the administrative buildings are now, I see there is a lot of, is that shrubbery or trees? MR. DWYER: Yeah, there is vegetative screenings. SUPERVISOR HORTON: Oh, where the current lot is? MR. DWYER: Yeah. SUPERVISOR HORTON: That is greened over, for purposes of visual representation. Those trees may or may not be there, I, that is a discussion that we would obviously want to have pursuant to past conversations. MS. TAYLOR: Right. Okay. And I think it is a good idea to move the entrance to Cox Lane. Any loss of life or injury to anyone, no matter who they are, is hurtful to the family members that are left behind. So I think it is a good idea to move the entrance where it is and I have lived there for several years and any improvement is a great improvement. To have the building be able to house the garbage November 15, 2004 10 Public Hearing--Solid Waste Bond in is a good thing because we have had garbage from the landfill blow over, not only in our property but across the street and sand, when the weather is really bad and the north wind comes out sand and sometime traffic gets really going through there and the sand is blowing, it is really hard. So any improvement, I think, is a good idea. SUPERVISOR HORTON: Thank you. And I also want to thank you for your assistance and guidance and input to date through the process to date. Yes, sir? JEFF STRONG: Good evening, Jeff Strong from Mattituck. I commend the Board; overall it looks like a very good plan. I just have a couple of questions. On the existing building that is there, is that part of the new replacement? SUPERVISOR HORTON: Yes, if you see the portion, the southwest comer of what is blue, you see the southwest comer is largely like a hash mark? MR. STRONG: Yes. SUPERVISOR HORTON: That represents the building that is currently there. MR. STRONG: Okay. Alright. SUPERVISOR HORTON: And that is incorporated into this. MR. STRONG: So what is the existing building will have a new roof structure? SUPERVISOR HORTON: Absolutely. MR. STRONG: Okay. SUPERVISOR HORTON: We have no choice. Probably by the end of the winter we will have no roof structure so we at least have to replace it. MR. STRONG: Okay. Thank you. The existing capped area, is there any future plans of like a golf driving range or ski slope or some type of potential recreational use down the road and if there were to be and this may be five or ten years down the road, the way the commercial section is proposed in here, if something down the road were to come to pass, is this thought about in this process? SUPERVISOR HORTON: The, I will answer that question a few ways. A. There has been discussion but no formal discussion, the discussion that I have had has been more one on one with people in the community in regard to, 'what are you going to do with that grassy knoll?' that was the dump, if you will. That is now a cap. And mind you, we are required by the State of New York to cap that. We are no longer a dump, we are no longer a landfill, we only operate a transfer station. That being said, I think the Board's position, if the Board doesn't mind me speaking on your behalf, the Board's position is: accomplish this. This is priority number one. Accomplish this task of renovating the existing site so it is a safe, functional site and then, once this is complete, convene a public information November 15, 2004 11 Public Hearing--Solid Waste Bond brainstorming session if you will, for ideas for the cap. Because I am sure there are many good ideas, many that haven't been thought of. MR. STRONG: The only point that I would raise or ask the Board to consider that makes good sense, is I think there is a high likelihood somewhere between the next year and twenty years of something happening with that area and I am not at all suggesting that the way this is designed isn't conducive to it, I am just raising the question that if it was 10 feet to the left or 10 feet to the right, that would allow an egress or ingress to that... COUNCILMAN ROMANELLI: Residential traffic, somewhere down the road. MR. STRONG: Correct. COUNCILMAN ROMANELLI: That is not a bad idea. MR. STRONG: I would just ask the Board to consider, not to put energies into what it will be .... COUNCILMAN ROMANELLI: Just leave a driveway to get there. MR. STRONG: Correct. SUPERVISOR HORTON: I think that it could be. Right. That is a good point. Thanks. I am sure we can incorporate those comments in. MR. STRONG: And my last question is on the, what I think is called on here, the proposed home exchange; is that the like swap area? SUPERVISOR HORTON: Yeah, we call it the Southold Town mall. MR. STRONG: That is great. I love bringing stuff there. Where that .... SUPERVISOR HORTON: My father likes bringing stuff out of there. MR. STRONG: The way it appears to be drawn on here, I do bring a fair amount of stuffthere and for myself it is no problem but thankfully, like you say, there is a lot of times there are different people there who are almost waiting for stuff, it doesn't appear that if you are an elderly person, that there is an easy way on here that they would drop stuff off. Am I not viewing that fully? COUNCILMAN ROMANELLI: You know, I will be honest. We must have moved that little location about five times so far. We can't seem to come up with a comfortable spot for that use. SUPERVISOR HORTON: But it doesn't seem to stop people from .... COUNCILMAN ROMANELLI: In our designs, in our concepts of this in all honesty, Jeff, we must have moved that five or six times. Here or there, no parking, too much parking. November 15, 2004 12 Public Hearing--Solid Waste Bond MR. STRONG: I don't think that where you have it located is a bad spot, you know, like you said, they will come, I would just kind of on the matter of ingress and egress and in particular for some of the older people that may have a need to have something close to drop off, there may be a way of putting a swoop through there or something, I don't want to bog down with the details but it just doesn't look conducive to dropping stuff off, in a thing that does get a lot of use. SUPERVISOR HORTON: Those are good points. I am sure we can engineer a way that makes more sense. Tom wanted to say something. COUNCILMAN WICKHAM: As Chris Dwyer mentioned, the final drawings have yet to be made. The key thing about this was, we regard this home exchange as different from a transfer station where you are just dumping stuff off, the rubbish off, so we wanted to separate it. We wanted to put it some little distance away from the building that receives trash. MR. STRONG: I think that is a great idea. SUPERVISOR HORTON: Your point about access and ability, particularly for somebody who may need to get up closer .... MR. STRONG: Correct. I think the separation that you mentioned, Tom, I am totally for that. It is just the ease of being able to drop something off. It is probably just re-routing the entrance there maybe a little better. SUPERVISOR HORTON: Good point, thank you, Jeff. MR. STRONG: Thank you. SUPERVISOR HORTON: All your points, so you know, are incorporated into the minutes, so those points will not be lost in the paper shuffle, they will be given right to the design office. Are there other comments from the floor? Yes, sir. Mr. Deegan. MR. DEEGAN: Deegan from Mattituck. Is this facility going to have a flat roof or a pitched roof?. SUPERVISOR HORTON: It is a pitched roof. MR. DEEGAN: Pitched roof. Okay. And since we are going to be paying so much for it over the next number of years, I would hope that we pay some attention to maintenance... SUPERVISOR HORTON: Yes, sir. MR. DEEGAN: ...in this building this time. I am sure when the last one was put up, you probably said it would last 60 years also. SUPERVISOR HORTON: I don't think so, I think .... November 15, 2004 13 Public Heating--Solid Waste Bond MR. DEEGAN: I think lack of maintenance down there is, needs to be addressed, especially with the trees growing on the roof and out of the gutters. I think if you had looked at that 10 years ago, you might have saved that roof. COUNCILMAN ROMANELLI: I agree with you. SUPERVISOR HORTON: Right. Those are good points. Maintenance is key. MR. DEEGAN: Yes. SUPERVISOR HORTON: Absolutely. MR. DEEGAN: If you want to spend this kind of money, we should look after it. SUPERVISOR HORTON: Agreed. MR. DEEGAN: Okay. SUPERVISOR HORTON: Thank you very much. Other comments from the floor? PHIL GOLDMAN: Hi, my name is Phil Goldman at 175 Christopher Street, Southold. I had a couple of questions about the facility. One, I love the new entrance. It really is so much safer. Well, it really is an exit now but it is so much safer than the other way. You always took your life in your hands when you came out of that place. Have you considered venting in the summer, in those buildings? The present building, you go in there in the summer, that garbage really stinks. If you put everything indoors, there really is going to have to be some sort ora venting to get that odor out of there. COUNCILMAN ROMANELLI: Chris, you must have some sort of exhaust fans figured in there, right? MR. DWYER: Yeah, you can set up exhaust fans that can utilize a bio-filter that you would put into the ground, nothing you would see but very effective. MR. DEEGAN: The other thing is that home exchange, that should be indoors as well. I see stuff sitting outside rusting away, it is a shame. SUPERVISOR HORTON: This will be a covered, a covered building. MR. DEEGAN: Right. SUPERVISOR HORTON: Absolutely. MR. DEEGAN: And the last question I had is, currently garbage is dumped into a pit, the front loaders come in and move it, have you considered roll-off containers? SUPERVISOR HORTON: That is what this is designed to facilitate. We will be having... November 15, 2004 14 Public Hearing--Solid Waste Bond MR. DEEGAN: Right. Because that saves an enormous amount of extra handling. SUPERVISOR HORTON: Right. We, actually, are going to be utilizing a row row, roll-on roll-off trailers. MR. DEEGAN: Much, much better. SUPERVISOR HORTON: It is much better and it is also much easier on the equipment at large. Because currently you have your loaders going in... MR. DEEGAN: Right. Right. Exactly. SUPERVISOR HORTON: ...we are moving garbage three times, when you only have to dump it and get it out. MR. DEEGAN: That is exactly right. SUPERVISOR HORTON: Those are good points, thank you very much. MR. DEEGAN: Okay, thank you. SUPERVISOR HORTON: Are there other comments from the floor? Yes, sir. PETER WALKER: Peter Walker, Cutchogue. I had a couple of questions. Now we have this new transfer station, are you going to be accepting styrofoam again? SUPERVISOR HORTON: That is a good question. MR. WALKER: I was told last time it was unprofitable, so it wasn't being taken care of, which is environmentally pretty unsound. JAMES BUNCHUK, TOWN OF SOUTHOLD, SOLID WASTE COORDINATOR: We actually do take styrofoam peanuts now for recycling, it is directly re-used by people who want it for packaging. It is actually a popular item. The block styrofoam that you are referring to, we had a pilot program on that about 10 years ago, I think there was at the time Suffolk County was considering a ban on styrofoam so the styrofoam industry, the plastic industry, approached Southold because we already separated everything like we do, to see if we could take some of that and get it recycled. They had arranged for a recycler down in south Jersey to take it from us, all at no cost and after six months of the pilot program they announced that because of, even things as minor importance that you would think as stickers on the styrofoam was enough to contaminate it; that to make sure it was clean, transport a trailer load of styrofoam, which might only amount to a half a ton down to this place, the Town would have to pay the freight and what it came to was maybe small in terms of overall number but the per ton number was like $1,500 and the cost of getting garbage out of Town at the time was $55. SUPERVISOR HORTON: One, along those lines, you know, your point is a good one, one thing that maybe we could do, Jim, toward the completion of the facility is to see what technological November 15, 2004 15 Public Hearing--Solid Waste Bond advancements have been made since we tried that program and see what, see if there is something that we can pursue again. MR. BUNCHUK: Yeah, I think we, I was only saying that to explain why it was dropped. A couple of years ago, a resident had called me and asked the same thing and we did try to contact the folks that we dealt with 10 years ago and most of those numbers were out of business. But there, they are always making improvements in what they can do with things and so we, to do our job right we need to be on the lookout .... MR. WALKER: Everything you buy is packaged in that, you know, from the grocery store right on through. SUPERVISOR HORTON: It is a matter of disposal but we will commit to seeing if it is again... COUNCILMAN ROMANELLI: Kick starting our recycling program. MR. BUNCHUK: One thing .... SUPERVISOR HORTON: Actually I think he has other questions. MR. WALKER: Another question you could probably answer, too. Are we going to stop paying twice for brush? We pay to bring it in and then we pay to bring it out. I know you say we get, I think, 500 lbs but 500 lbs will do a small flower bed. MR. BUNCHUK: Well the .... SUPERVISOR HORTON: It costs a lot of money to handle that brush for us. That is, it is a bottom line cost factor. MR. WALKER: You are selling to the commercial people, correct? MR. BUNCHUK: We are selling to the commercial people, we will sell it to anybody, really, who wants it. Only town residents can get the 500 lbs free but beyond that it is fairly reasonable, I think, the cost structure right now is geared to be about $11 a yard for the really fine screened material, which is very competitive with any, you know, in fact probably cheaper than the commercial places would sell it. COUNCILMAN ROMANELLI: And we do count on those revenues, too. As offsetting costs. MR. WALKER: Well hopefully it will offset this. I have one further question, an information booth, is that necessary? SUPERVISOR HORTON: Yeah, it is part of the conceptual plan. It may or may not be and I think from what I see in regard to the informational booth portion of that .... INAUDIBLE FROM AUDIENCE November 15, 2004 Public Hearing--Solid Waste Bond 16 SUPERVISOR HORTON: .... right, exactly. But if we were to take that out, I think you are talking about....your point is a good one. If we didn't implement it, I am not sure what the savings would be but that is a good point to have evaluated. MR. WALKER: Good, thank you. SUPERVISOR HORTON: Thank you, sir. Are there other comments from the floor? (No response) We will close this hearing. Moved by Councilman RomaneHi, seconded by Councilman Ross, it was RESOLVED that this public hearing be declared closed. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. SUPERVISOR HORTON: I thank you all for coming out. Information always can be gained from Jim Bunchuk's office. Neville Southold Town Clerk STATE OF NEW YORK ) :SS: COUNTY OF SUFFOLK ) I, ELIZABETH A. NEVILLE, 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 my office on the 16th day of November, 2004 and the same is a tree and correct copy of said original and of the whole thereof. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this ~}'O'day of November, 2004. (SEAL) AFFIDAVIT OF MAILING STATE OF NEW YORK) COUNTY OF SUFFOLK) I, the undersigned, being duly sworn, depose and say: 1. I am the President of The Pimlico Group, a direct mail firm with an office in Mattituck, in the Town of Southold, County of Suffolk and State of New York; 2. Thaton 1112-/ Ilia/ IllJr', 2004,1caused 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. The Pimlico Group Sworn to before me this'/'7~/''~-~ day of,_-/~m~, 2,004. Notary Public ELAINE T. VILLANo Notary Public, State of New York No. 01.VI6029229, Suffolk Count~ Commission Expires Aug, 9. AFFIDAVIT OF MAILING STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) I, the undersigned, being duly sworn, depose and say: 1. I am the President of The Pimlico Group, a direct mail firm with an office in Mattituck, in the Town of Southold, County of Suffolk and State of New York; I 2. That on Ijlz ! II,~] II,-~, 2004, I 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. Car~ine Arpaia~ The Pimlico Grobp Sworn to before me this day of ~ 20,04. Notary Public ELAINE T. VILLANO Notary Public, State of New York No, 01VI6029229, Suffolk County__, Commission Expire~ Aug, 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 19th of October, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M Romanelli, Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, 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 NOVEMBER 15, 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 expand the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing, inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project"). The estimated maximum cost of the Project is $3,250,000, including preliminary costs incidental thereto and to the financing thereof in the amount of $50,000; 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 and the Town have complied in every respect with all applicable Federal, State and local laws and regulations regarding environmental matters, have given due consideration to the impact that the Project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has heretofore found and determined that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and in connection therewith, the duly processed Negative Declaration and/or other applicable documentation has been issued and 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 15t~ day of November, 2004, at 7:00 o'clock P.M. (Prevailing Time), to consider the Project at the estimated maximum cost of $3,250,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (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. TOWN BOARD OF THE TOWN OF sg}3THOLD DATED: October 19, 2004 /r - .Joshua Y. I~lorton, Supervisor Jo~hn'~ Romanelli~ Coun¢iLaerson Thomas H. Wic!~ham, C*~i'lperson (SEAL) Will~. E~dward~ Councilperson Danie'l'-C. i~oss, Co~ncilperson EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING November 15, 2004 WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 19th day of October, 2004, to consider the increase and improvement of the facilities of the Southold Solid Waste Management District ("District"), by the expansion of the existing Transfer Station within the District including the construction of an information booth, an addition to the Transfer Station and the Re-Use Center, reconstruction of the existing Scale House, completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads and construction of curbs and walkways, fencing, landscaping and grading and improving the site (the "Project"); the estimated maximum cost of Project is $3,250,00, including preliminary costs and incidental and financing costs in the amount of $50,000; provided that grant funds may be received fi-om the United States of America, the State of New York or any other available sources to pay a part of some of such said costs. Pursuant to the New York State Environmental Quality Review Act ("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type I Action having no significant adverse environmental impact; a Negative Declaration has been issued and filed. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 7:00 o'clock P.M. (Prevailing Time), on November 15, 2004, for the purpose of conducting a public hearing to consider the Project, as described above. At the public heating, the Town Board will hear all persons interested in the proposed Project. Dated: October 19, 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 #7159 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 28th day of October ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified in Suffolk County Commission Expires February 28, 2008 day of Town of Southold ("Town"), Suffolk County, New York, on the 19th day of October, 2004, to consider the increase and improvement of the facilities of the Southold Solid W~ste Management District ("District"), by the expansion of the existing Transfer Station within the Disuict including the consmvztion of an information booth, an addition to the Environmental Quality Review Act ("SI~A') ~ ~!, m L~d Agency, has d~m~ill~l~l~ ~1~ Is~ is a Type I Acfioa havi~ ~o si~aificant adverse Time), on November 15, 2004, for the the pro~o~ C~L~TY O~ SUFFOLK, i~ A. 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 19th day of October, 2004, to consider the increase and improvement of the facilities of the Southold Solid Waste Management District ("District"), by the expansion of the existing Transfer Station within the District including the construction of an information booth, an addition to the Transfer Station and the Re-Use Center, reconstruction of the existing Scale House, completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads and construction of curbs and walkways, fencing, landscaping and grading and improving the site (the "Project"); the estimated maximum cost of Project is $3,250,00, including preliminary costs and incidental and financing costs in the amount of $50,000; provided that grant funds may be received fi.om the United States of America, the State of New York or any other available sources to pay a part of some of such said costs. Pursuant to the New York State Environmental Quality Review Act ("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type I Action having no significant adverse environmental impact; a Negative Declaration has been issued and filed. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 7:00 o'clock P.M. (Prevailing Time), on November 15, 2004, for the purpose of conducting a public hearing to consider the Project, as described above. At the public hearing, the Town Board will hear all persons interested in the proposed Project. Dated: October 19, 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 OCTOBER 28, 2004, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Comptroller Town Clerk Bulletin Board Town Board Members Solid Waste Management Town Attorney Hawkins, Delafield & Wood STATE OF NEW YORK ) : SSi COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all the times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, New York; that on the 19th day of October, 2004, she caused to be conspicuously posted and fastened up a certified copy of the Order Calling Public Heating to be held on November 15, 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. 0 Town C 1 gr-k- Subscribed and sworn to before me this 25th day of October, 2004. Notary Pfiblic, State of New York LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires [~'~ch ~, 200~ STATE OF NEW YORK COUNTY OF SUFFOLK SS~ I, ELIZABETH A. NEVILLE, 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 November 15, 2004 with the original thereof filed in my office on the 19th day of October, 2004, and that the same is a tree and correct copy of said original and of the whole thereof. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate seal of said Town on this 19th day of October, 2004. (SEAL) /-) -- Tow~ ~lerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 760 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2004: RESOLVED that the To~w~ Board of the Town of Southold hereby authorizes and directs the Town Attorney's office to retain the services of The Pimlieo 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 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. 756 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 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 19th of October, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice Jolm M Romanelli, Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson In the Matter o f the Increase and hnprovement 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 NOVEMBER 15, 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 expand the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing, inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project"). The estimated maximum cost of the Project is $3,250,000, including preliminary costs incidental thereto and to the financing thereof in the amount of $50,000; 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 and the Town have complied in every respect with all applicable Federal, State and local laws and regulations regarding environmental matters, have given due consideration to the impact that the Project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has heretofore found and determined that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and in connection therewith, the duly processed Negative Declaration and/or other applicable documentation has been issued and 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 15th day of November, 2004, at 7:00 o'clock P.M. (Prevailing Time), to consider the Project at the estimated maximum cost of $3,250,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (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. EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING November 15, 2004 WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 19th day of October, 2004, to consider the increase and improvement of the facilities of the Southold Solid Waste Management District ("District"), by the expansion of the existing Transfer Station within the District including the construction of an information booth, an addition to the Transfer Station and the Re-Use Center, reconstruction of the existing Scale House, completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads and construction of curbs and walkways, fencing, landscaping and grading and improving the site (the "Project"); the estimated maximum cost of Project is $3,250,00, including preliminary costs and incidental and financing costs in the amount of $50,000; provided that grant funds may be received fi.om the United States of America, the State of New York or any other available sources to pay a part of some of such said costs. Pursuant to the New York State Environmental Quality Review Act ("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type I Action having no significant adverse environmental impact; a Negative Declaration has been issued and filed. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 7:00 o'clock P.M. (Prevailing Time), on November 15, 2004, for the purpose of conducting a public heating to consider the Project, as described above. At the public hearing, the Town Board will hear all persons interested in the proposed Project. Dated: October 19, 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 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 19th of October, 2004. PRESENT: Hon. Joshua Y. Horton, Supervisor Louisa P. Evans, Justice John M Romanelli, Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, 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 NOVEMBER 15, 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 expand the existing Transfer Station (hereinafter sometimes called the "Station") within the District by constructing, inter alia, an information booth, an addition to the Station and the Re-Use Center, as well as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (hereinafter sometimes called the "Project"). The estimated maximum cost of the Project is $3,250,000, including preliminary costs incidental thereto and to the financing thereof in the amount of $50,000; 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 and the Town have complied in every respect with all applicable Federal, State and local laws and regulations regarding environmental matters, have given due consideration to the impact that the Project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has heretofore found and determined that the Project is a Type I Action and that no significant adverse environmental impact will be caused thereby and in connection therewith, the duly processed Negative Declaration and/or other applicable documentation has been issued and 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 15t~ day of November, 2004, at 7:00 o'clock P.M. (Prevailing Time), to consider the Project at the estimated maximum cost of $3,250,000 and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (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. TOWN BOARD OF THE TOW~OF SOUT~OLD DATED: October 19,2004 //~._. '~. ~q~OX..~.~ . / ~//Joshu. a Y. H,orton, Supervisor , Justice '"'" J(~hn ~ Ro~anelli, Coun~il~erson , Thomas H. Wickham, CounciliSerson J_~/ Willia~ d?v~sds('~cilpers °n EXHIBIT A LEGAL NOTICE NOTICE OF PUBLIC HEARING November 15, 2004 WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 19th day of October, 2004, to consider the increase and improvement of the facilities of the Southold Solid Waste Management District ("District"), by the expansion of the existing Transfer Station within the District including the construction of an information booth, an addition to the Transfer Station and the Re-Use Center, reconstruction of the existing Scale House, completion of construction of the Truck Loading Pit, including the acquisition and installation of the requisite original furnishings equipment, machinery and apparatus and site work, including, hut not limited to, storm water drainage, a new 1,000 gallon above ground waste oil tank, paving of roads and construction of curbs and walkways, fencing, landscaping and grading and improving the site (the "Project"); the estimated maximum cost of Project is $3,250,00, including preliminary costs and incidental and financing costs in the amount of $50,000; 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 said costs. Pursuant to the New York State Environmental Quality Review Act ("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type I Action having no significant adverse environmental impact; a Negative Declaration has been issued and filed. NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at 7:00 o'clock P.M. (Prevailing Time), on November 15, 2004, for the purpose of conducting a public hearing to consider the Project, as described above. At the public hearing, the Town Board will hear all persons interested in the proposed Project. Dated: October 19, 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 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 746 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 19, 2004: WHEREAS, the Town Board of the Town of Southold has proposed to improve the Solid Waste facility located in Cutchogue by construction of a 19,220 SF Town commercial and residential recycling and collection facility, including redirection of traffic flow utilizing a new entrance and exit; and WHEREAS, the Town Board has proposed to undertake the action itself and is therefore assuming lead agency status; and WHEREAS the proposed project is a Type I action pursuant to SEQRA; and WHEREAS a Full Environmental Assessment Form (Parts 1, 2 and 3) dated June 2003 has been prepared and reviewed; and it is hereby RESOLVED that the Town Board of the Town of Southold determines that thc proposed action will not result in a significant effect on the environment as evidenced in the contents of the Long EAF prepared for the Town Board by Nelson, Pope & Voorhis dated June 2003; and it is further RESOLVED that the Town Board adopts a Negative Declaration pursuant to SEQRA, as more fully set forth in the Negative Declaration form dated October 4, 2004 attached hereto. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 2004 Town of Southold, New York Increase and Improvement of Facilities Of the Southold Solid Waste Management District Our File Designation: (.2615/26030) Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Femandez, Jr. Esq., Enclosed find a certified copy of the Order Calling Public Hearing, the affidavit of certification for the Order Calling Public Hearing, an original signed Order Calling Public Hearing, a copy of the Public Hearing notice as it will appear in the October 28, 2004 edition of the Suffolk Times, and a affidavit of posting. If there is anything else you require at this time for your files, please contact me at the Town Clerk's office. Very truly yours, Lynda M Bohn Deputy Town Clerk Enc Cc: John Cushman, comptroller [] MaT Investment Group PAID BOND DELIVERY LIST 06/15/00 - 06/14/01 7/13101 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 RECEIVED AUG 2 2 2001 Southold Town CJ'e~ MaT Investment Group ISSUE 6452 PAID BOND DELIVERY LIST 06/15/00 - 06/14/01 TOWN OF SOUTHOLD, EFC LANDFILL REMEDIATION SERIAL BOND SERIES 1996A (NYSEFC-96A(6423)) 7/13/01 PAGE CUSIP NO. 844991-AU-3 PAYMENT CERTIFICATE NUMBERS NO. OF AMOUNT PER TOTAL AMOUNT DUE DATE ITEMS CERTIFICATE PAID 12/15/00 R5 1 15,000.000 15,000.00- BOND TOTAL 1' 15,000.00-* ISSUE TOTAL 1' 15,000.00-*