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HomeMy WebLinkAboutStormwater Mitigation DENIS NONCARROW a� ®�.� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 CA Southold,New York 11971 REGISTRAR OF VITAL STATISTICS r ® Fax(631)765-6145 MARRIAGE OFFICER '� RECORDS MANAGEMENT OFFICER ®� ��® Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER ww�'•southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 8, 2024 EI 011 988 007 US Town of Southold,New York $250,000 Bond Resolution for Stormwater Improvements (Our File Designation: 2615/47373) Mr. Robert P. Smith Hawkins, Delafield& Wood 7 World Trade Center 250 Greenwich Street, 4lst Floor New York, NY 10007 Dear Mr. Smith: Enclosed find the following documentation for the above referenced bond: 1. Certificate of No Referendum 2. The affidavit of publication in the Suffolk Times March 28th, 2024 edition Please let me know if there are any other documents you need from this office at this time. Very truly yours, 0� uo/�� Lynda M Rudder Deputy Town Clerk S1 I CERTIFICATE OF NO REFERENDUM I, DENIS NONCARROW, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That a resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2024, authorizing the issuance of bonds in a principal amount not to exceed $250,000 to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies, stating the estimated maximum cost thereof is $250,000 and appropriating said amount for such purpose," was adopted February 27, 2024, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time since said adoption. IN WITNESS WHEREOF, I have hereu o s t my hand and affixed the corporate se of s d Town this 28th day of March, 2024. (SEAL) V T wn Clerk 89fll3f2 lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of'Ihe Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 03/28/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. r Signature Christina Henke Rea Printed Name DOUGLASW]Coun� Digitally signed Notary Public-State by douglas w rea NO.OIRE639Date: 2024.04.07 Subscribed and sworn to before me, Qualified in Alba15:36:55 +00:00 My Commission Expire This 07 day of April 2024 Notary Signature Notary Public Stamp -A- 1. LEGAL NOTICE The resolution,a summary of which is published herewith,has been adopted on the 27th day of February,2024,and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the notice,or such obligations were authorized in violation of the provisions of the constitution. DENIS NONCARROW Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK,ADOPTED FEBRUARY 27, 2024,AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED$250,000 TO FINANCE THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS,INCLUDING PURCHASE OF STORMWATER CONTROL MATERIALS AND SUPPLIES,STATING THE ESTIMATED MAXIMUM COST THEREOF IS$250,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE The object or purpose for which the bonds are authorized is the construction of stormwater mitigation improvements,including purchase of stormwater control materials and supplies at the estimated maximum cost of $250,000. The maximum amount of obligations authorized to be issued is$250,000. The period of probable usefulness is forty(40)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,at the Town Hall,53095 Main Road, Southold,New York, Date: March 28,2024 HAWKINS DELAFIELD &WOOD LLP 7 WORLD TRADE.CENTER,250 GREENWICH STREET, NEW YORK,NEW YORK 10007 (212) 820-8300 1 HAWKINS.COM (212) 820-9662 March 23, 2024 Town of Southold,New York $250,000 Bond Resolution Stormwater Supplies (Our File Designation: 2615/47373) Michelle Nickonovitz Acting Comptroller Town of Southold 54375 Main Road Southold,New York 11971 Dear Michelle: The bond resolution authorizing the above bonds takes effect thirty (30) days after its adoption and is to be published, in summary,in the official newspaper together with a statutory form of notice thereby commencing a 20-day statute of limitations period pursuant to the provisions of Section 80.00 et seq. of the Local Finance Law. With reference thereto, I have prepared and enclose herewith the following: (a) Certificate of No Referendum (b) Summary of the bond resolution with the prescribed form of Clerk's statutory notice affixed in readiness for publication. Please do not hesitate to call if you have any questions regarding the enclosed documents. Kindly send me an executed copy of the Certificate of No Referendum and an original Affidavit of Publication, when available. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosures FOUNDED1854 CALIFORNIA CONNECTICUT DISTRICT OF COLUMBIA MICHIGAN NEW JERSEY NEW YORK NORTH CAROLINA OREGON CERTIFICATE OF NO REFERENDUM I, DENIS NONCARROW, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That a resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2024, authorizing the issuance of bonds in a principal amount not to exceed $250,000 to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies, stating the estimated maximum cost thereof is $250,000 and appropriating said amount for such purpose," was adopted February 27, 2024, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time since said adoption. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 281h day of March, 2024. (SEAL) Town Clerk NOTICE The resolution, a summary of which is published herewith, has been adopted on the 27th day of February, 2024, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. DENIS NONCARROW Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $250,000 TO FINANCE THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, INCLUDING PURCHASE OF STORMWATER CONTROL MATERIALS AND SUPPLIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE The object or purpose for which the bonds are authorized is the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies at the estimated maximum cost of$250,000. The maximum amount of obligations authorized to be issued is $250,000. The period of probable usefulness is forty (40)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, at the Town Hall, 53095 Main Street, Southold, New York. i DENIS NONCARROw �� �.�, Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ® ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 8, 2024 EI 011 987 488 US Town of Southold,New York $250,000 Bond Resolution for Stormwater Improvements (Our File Designation: 2615/47373) Mr. Robert P. Smith Hawkins, Delafield& Wood 7 World Trade Center 250 Greenwich Street, 41"Floor New York,NY 10007 Dear Mr. Smith: Enclosed find the following documentation for the above referenced bond: 1. The affidavit of publication in the Suffolk Times March 7"', 2024 edition Please let me know if there are any other documents you need from this'Office at this time. Very truly yours, Lyn a M Rudder Deputy Town Clerk adcd8ec6 lyndarudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 03/07/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name DOUGLASWREA Digitally signed Notary Public•State of New York by douglas w rea NO.OIRE6398443 Date: 2024.03.07 Subscribed and sworn to before me, Qualified in Albany County 18:22:24 +00:00 My Commission Expires Sep 30,2027 This 07 day of March 2024 Notary Signature Notary Public Stamp LEGAL NOTICE TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on February 27, 2024, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2024, authorizing the issuance of bonds in a principal amount not to exceed $250,000 to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies, stating the estimated maximum cost thereof is $250,000 and appropriating said amount for such purpose," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold, New York to issue bonds in a principal amount not to exceed $250,000 pursuant to the Local Finance Law of the State of New York, to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies at the estimated maximum cost of $250,000; SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000; appropriating said amount for such purpose; and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed $250,000 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; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested: and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. ° DATED: February 27, 2024 Denis Noncarrow, Southold Town Clerk DENIS NONCARROW �� G� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER °� RECORDS MANAGEMENT OFFICER ®� .A® Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD - - - - March 1, 2024 EI 011 987 491 US ; Town of Southold, New York $250,000 Bond Resolution for Stormwater Improvements (Our File Designation: 2615/47373) Mr. Robert P. Smith Hawkins, Delafield& Wood 7 World Trade Center 250 Greenwich Street, 41"Floor New York, NY 10007 Dear Mr. Smith: Enclosed find the following documentation for the above referenced bond: 1-1 1. Resolution adopting the Bond Resolution 2. Legal Notice that is appearing in the 3/7/2024 edition of the Suffolk Times 3. Affidavit of posting 4. Extract of Minutes with certification Please let me know if there are any other documents you need from this office at this time. Very truly yours, Lynda M. Rudder Deputy Town Clerk encs yUFFO(+ RESOLUTION 2024-209 ADOPTED DOC ID: 20024 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-209 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27,2024: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $250,000 TO FINANCE THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, INCLUDING PURCHASE OF STORMWATER CONTROL MATERIALS AND SUPPLIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to issue bonds in a principal amount not to exceed $250,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies. Section 2. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $250,000 to finance said appropriation, 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. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40)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 bonds authorized by this resolution will exceed five (5)years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as.prescribed by Section 52.00 of the Law and said bonds and any notes issued in 0 9 i Resolution 2024-209 Board Meeting of February 27, 2024 anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. 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 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 of the Law relative to the authorization of bonds with 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 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, 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 the sale 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 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. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Town, having a general circulation within said Town, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form appearing in Exhibit A hereto. Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Town, having a general circulation within said Town, together with a Notice in substantially the form as provided by Section 81.00 of the Law. The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: EXHIBIT A (Below is the Notice for Publication and Posting) TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on February 27, 2024, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2024, authorizing the issuance of bonds in a principal amount not to exceed $250,000 to finance the construction of Updated: 2/27/2024 10:36 AM by Lynda Rudder Page 2 it Resolution 2024-209 Board Meeting of February 27, 2024 stormwater mitigation improvements, including purchase of stormwater control materials and supplies, stating the estimated maximum cost thereof is$250,000 and appropriating said amount for such purpose," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold,New York to issue bonds in a principal amount not to exceed $250,000 pursuant to the Local Finance Law of the State of New York, to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies at the estimated maximum cost of$250,000; SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000; appropriating said amount for such purpose; and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed-$250,000 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; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is forty(40)years;the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five(5)years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested: and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 27, 2024 Denis Noncarrow Town Clerk Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 2/27/2024 10:36 AM by Lynda Rudder Page 3 LEGAL NOTICE TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on February 27, 2024, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2024, authorizing the issuance of bonds in a principal amount not to exceed $250,000 to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies, stating the estimated maximum cost thereof is$250,000 and appropriating said amount for such purpose," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold, New York to issue bonds in a principal amount not to exceed$250,000 pursuant to the Local Finance Law of the State of New York,to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies at the estimated maximum cost of$250,000; SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000; appropriating said amount for such purpose;and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed$250,000 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; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five(5)years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested: and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 27, 2024 Denis Noncarrow Town Clerk AFFIDAVIT OF POSTING STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) DENIS NONCARROW, being duly sworn, deposes and says: That he is and at all times hereinafter mentioned he was the duly qualified and acting Town Clerk of the Town of Southold, State of New York; That on February 29, 2024, he has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on February 27, 2024, a copy of which is annexed hereto m de a part hereof, on the sign board of the Town maintained pursuant to the Town La Town Clerk Subscribed and sworn to before me this 29t' day of February, 2024. AN Zary Public, State 2ofNewVlork�� EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York February 27, 2024 A 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, on February 27, 2024. There were present: Hon. Albert J. Krupski, Jr., Supervisor; and Councilpersons: Justice Louisa P. Evans Councilwoman Jill Doherty Councilwoman Anne Smith Councilman Brian O. Mealy Councilman Greg Doroski There were absent: None Also present: Paul DeChance, Town Attorney Denis Noncarrow, Town Clerk Councilman Greg Doroski offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK, ADOPTED FEBRUARY 27, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $250,000 TO FINANCE THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, INCLUDING PURCHASE OF STORMWATER CONTROL MATERIALS AND SUPPLIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK,NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to issue bonds in a principal amount not to exceed $250,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies. r Section 2. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $250,000 to finance said appropriation, 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. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40)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 bonds authorized by this resolution will exceed five (5)years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. 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 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 of the Law relative to the authorization of bonds with 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 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, 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 the sale 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 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. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full,in the official newspaper of the Town, having a general circulation within said Town, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form appearing in Exhibit A hereto. Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Town, having a general circulation within said Town, together with a Notice in substantially the form as provided by Section 81.00 of the Law. The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES: Albert J. Krupski, Jr., Supervisor Justice Louisa P. Evans Councilwoman Jill Doherty Councilwoman Anne Smith Councilman Brian O. Mealy Councilman Greg Doroski NOES: None The resolution was declared adopted. CERTIFICATE I,Denis Noncarrow,Town Clerk of the Town of Southold,in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on February 27, 2024, 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 of Southold this 27th day of February, 2 (SEAL) Town Clerk LEGAL NOTICE TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on February 27, 2024, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2024, authorizing the issuance of bonds in a principal amount not to exceed $250,000 to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies, stating the estimated maximum cost thereof is $250,000 and appropriating said amount for such purpose," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold, New York to issue bonds in a principal amount not to exceed $250,000 pursuant to the Local Finance Law of the State of New York, to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies at the estimated maximum cost of $250,000; SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000; appropriating said amount for such purpose; and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed $250,000 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; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; `and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested: and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 27, 2024 Denis Noncarrow, Southold Town Clerk OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex T P.O.Box 1179 54375 State Route 25 ,{{ '�► Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) P Southold,NY Telephone: 631 765-1938 ¢ www.southoldtowuny.gov oum, PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Albert J. Krupski Jr., Supervisor Members of the Town Board From: Mark Terry, Assistant Director of Planning Su ;;ti�sa r;r,ICE y,Jgi',l Or SOUIRMD Date: February 22, 2024 Re: State Environmental Quality Review Determination for Town of Southold Purchase of Stormwater Mitigation Materials-and Equipment and Dump Truck. The Southold Town Board is considering a municipal bond to purchase drainage materials and equipment for the completion of projects in-house or to hire contractors to complete stormwater projects that can't be completed in-house. The purchase of a 6-wheel dump truck with a snowplow, sanding body, and.equipped central hydraulic system is also proposed. The amount is $510,000.00. The action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(31), the action is a budgetary process and, therefore a Type II action not subject to review. 617.5(c)(31) `purchase or sale of furnishings; equipment or supplies; including surplus government property other than the following: land, radioactive material, pesticides, herbicides, or other hazardous materials;" Please call me with any questions. Cc; Paul DeChance, Town Attorney i HAWKINS DELAFIELD &WOOD LLP 7 WORLD TRADE.CENTER,250'OREENWICH STREET, NEW YORK,NEW YORK,10007 (212) 820-9300 1 HAWKINS.COM (212) 820-9662 11 February 26, 2024 Town of Southold,New York $250,000 Bond Resolution for Stormwater Improvements (Our File Designation: 2615/47373) Michelle Nickonovitz Acting Comptroller Town of Southold 54375 Main Road Southold,New York 11971 Dear Michelle: Pursuant to the Town's request, we have prepared the attached Extract of Minutes of a Town Board meeting to be held February 27, 2024, showing adoption of the above bond resolution. Please note that the bond resolution is to be adopted by at least a two-thirds vote of the entire membership of the Town Board, without taking into consideration any temporary absences or vacancies. Therefore, four votes are required for adoption. Exhibit A contains the form of Notice of Permissive Referendum to be published in the official Town newspaper and posted on the sign board of the Town maintained pursuant to subdivision 6 of§3 0 of the Town Law within ten(10) days after adoption of the bond resolution. Also attached is the Affidavit of Posting to be executed by the Town Clerk. A copy of the Notice, as posted, should be attached to this Affidavit. Please obtain and forward to me a certified copy of the Extract of Minutes, an executed Affidavit of Posting,and an original or copy of the Affidavit of Publication. Upon receipt of such items, we will forward to the Town the additional documents required with respect to the estoppel publication. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosures FOUNDED 1854 CALIFORNIA CONNECTICUT DISTRICT OF COLUMBIA MICHIGAN NEW JERSEY NEW YORK NORTH CAROLINA OREGON EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk,New York February 27, 2024 A 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, on February 27, 2024. There were present: Hon. Albert J. Krupski, Jr., Supervisor; and Councilpersons: There were absent: Also present: Denis Noncarrow, Town Clerk offered the following resolution and moved its adoption: I BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED FEBRUARY 27, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $250,000 TO FINANCE THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, INCLUDING PURCHASE OF STORMWATER CONTROL MATERIALS AND SUPPLIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board)AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to issue bonds in a principal amount not to exceed $250,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies. Section 2. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $250,000 to finance said appropriation, 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. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40)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 bonds authorized by this resolution will exceed five (5)years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. 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 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 of the Law relative to the authorization of bonds with 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 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, 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 the sale 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 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. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten(10) days after the adoption of this resolution, to publish or cause to be published,in full,in the official newspaper of the Town, having a general circulation within said Town, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form appearing in Exhibit A hereto. Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Town, having a general circulation within said Town, together with a Notice in substantially the form as provided by Section 81.00 of the Law. The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES: NOES: The resolution was declared adopted. v EXHIBIT A (Below is the Notice for Publication and Posting) TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on February 27, 2024, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted February 27, 2024, authorizing the issuance of bonds in a principal amount not to exceed $250,000 to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies, stating the estimated maximum cost thereof is$250,000 and appropriating said amount for such purpose," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold,New York to issue bonds in a principal amount not to exceed$250,000 pursuant to the Local Finance Law of the State of New York,to finance the construction of stormwater mitigation improvements, including purchase of stormwater control materials and supplies at the estimated maximum cost of$250,000; SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000; appropriating said amount for such purpose;and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed$250,000 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; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is forty (40)years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five(5)years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested: and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 27, 2024 Denis Noncarrow Town Clerk CERTIFICATE I,Denis Noncarrow,Town Clerk of the Town of Southold,in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on February 27, 2024, 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 of Southold this 27th day of February, 2024. (SEAL) Town Clerk AFFIDAVIT OF POSTING STATE OF NEW YORK ) :ss: COUNTY OF SUFFOLK ) DENIS NONCARROW, being duly sworn, deposes and says: That he is and at all times hereinafter mentioned he was the duly qualified and acting Town Clerk of the Town of Southold, State of New York; That on , 2024, he has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on February 27, 2024, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. Town Clerk Subscribed and sworn to before me this day of February, 2024. Notary Public, State of New York