Public notices

Public notice: Lease of town landfill, subject to permissive referendum

PUBLIC NOTICE

TOWN OF RIVERHEAD

NOTICE IS HEREBY GIVEN that a regular meeting of the Town Board, as governing body of the Town of Riverhead, held on July 6, 2023, the Town Board duly adopted a resolution, an abstract of which follows, which resolution was made subject to a permissive referendum pursuant to the provisions of Town Law and Municipal Home Rule Law:

RESOLUTION TO AUTHORIZE LEASE LANDFILL TO CVE, NORTH AMERICA INC. SUBJECT TO PERMISSIVE REFERENDUM

WHEREAS, the Town of Riverhead Landfill, Youngs Avenue, Riverhead, New York consists of two parcels of land located on the southerly side of Youngs Avenue and more particularly described as SCTM # 600-80-2-Lot 6.1 and Lot 9.1; and 

WHEREAS,  by Resolution #2022-382 adopted on May 18, 2022, the Town Board authorized the Town Clerk was authorized to publish and post a request for proposals for a “Renewable Energy Technology Project at the Town of Riverhead Landfill, Youngs Avenue, Riverhead, New York; and

WHEREAS, by Resolution #2022-788 adopted on November 1, 2022, the Town Board awarded the Landfill Renewable Energy Project (the “project”) to CVE North America, Inc. subject to inter alia, CVE North America, Inc. obtaining requisite permits from local, regional and state and secure agencies to locate and construct on the landfill consistent with its proposal, interconnection and contract/lease consistent with the terms offered in the proposal; and 

WHEREAS, the Town, through its Engineering Department, has worked with CVE North America, Inc. and New York State Department of Environmental Conservation to locate the project at the Town owned Landfill, Youngs Avenue, Riverhead, New York with project plans near completion and ready for submission to Town Planning and Building, near completion of interconnection/power purchase agreement, and such other documents related to lease of Town property; and  

WHEREAS, pursuant to Town Law 64 (2) a Town may convey or lease real property in the name of the Town, upon a resolution subject to a permissive referendum; and  

NOW THEREFORE BE IT RESOLVED, that the Town Board the Town Board of the Town of Riverhead hereby classifies the lease of real property located on the southerly side of Youngs Avenue and more particularly described as SCTM # 600-80-2-Lot 6.1 and Lot 9.1 for Landfill Renewable Energy Project and improvement/construction of Solar Energy System (as more fully detailed and defined in the Lease and Request for Proposal Response) as an Unlisted Action pursuant to SEQRA, assumes Lead Agency, without Coordinated Review; and be it further

RESOLVED, the Town Board hereby issues a Negative Declaration pursuant to SEQRA, for the lease of real property SCTM # 600-80-2-Lot 6.1 and Lot 9.1 for Landfill Renewable Energy Project and improvement/construction of Solar Energy System as the proposed action will not result in any significant adverse environmental impacts; and

RESOLVED, the Town Board authorizes the lease of real property located on the southerly side of Youngs Avenue and more particularly described as SCTM # 600-80-2-Lot 6.1 and Lot 9.1 for Landfill Renewable Energy Project and improvement/construction of Solar Energy System on said property subject to and conditioned upon the terms of the lease in substantially the same form as annexed hereto; and 

RESOLVED, the Supervisor is authorized to enter into and execute lease agreement and such other related documents to effectuate the lease or terms of the lease as approved by the Office of the Town Attorney; and

RESOLVED, this resolution is subject to Permissive Referendum as provided in Article 7 of the New York State Town Law and Municipal Home Rule Law and that the Town Clerk is directed to publish and post a public notice, an abstract of which follows; and

RESOLVED, that the Town Clerk is authorized to forward a copy of this resolution to the Office of the Town Attorney and CVE North America, Inc.; and be it further

RESOLVED, that all Town Hall departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the office of the Town Clerk.