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HomeMy WebLinkAboutPeconic Lane Park Improvements EXTP~ACT OF MINITTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York July 31, 2001 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, on July 31, 2001 at /--:00 o'clock P.M. (Prevailing Time). There were present: Hon. Jean W. Cochran, Supervisor; and. Town Board Members: Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Present: JS~bsent: Councilman William F. Moore Also present: Elizabeth A. Neville, Town Clerk Gregory F. Yakaboski, Town Attorney Mary C. Wilson, Assistant Town Attorney John A. Cushman, Town Comptroller I,,~-i~-. I n,,i~a P. Ev~ns offered the following resolution and moved its adoption: 374185.1 001092 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, AUTHORIZING THE SECOND PHASE OF THE ORIGINAL IMPROVEMENT AND EMBELLISHMENT OF THE NEW PUBLIC PARK AND RECREATIONAL~_REAON THE LANDCONTAINING 13.85 ACRES, MORE OR LESS, ON THE WEST SIDE OF PECONIC IJINE, HERETOFORE ACQUIRED AND NOW OWNED BY AND SITUATE IN, SAID TOWN; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $280,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $280,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. 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: Suffolk, Section 1. The Town of Southold, in the County of New York (herein called "Town"), is hereby authorized to improve and embellish the new public park and recreational area on the certain piece or parcel of land containing 13.85 acres, more or less, on the west side of Peconic Lane, having been heretofore acquired and now owned by and situate in, the Town, including, but 374185.1 001092 RES not limited to, a storage and restroom building, adult baseball field lights, asphalt paving of the parking lot, basketball/volleyball courts and lights, a playground, benches, bleachers, bike racks and tables and landscaping and grading of such area together with the equipment, machinery and apparatus necessary or appurtenant thereto, being the second phase of the original improvement and embellishment of such park and area. The estimated maximum cost of said specific object or purpose is $280,000, including preliminary costs and costs incidental thereto and the said amount of $280,000 is hereby appropriated therefor. The plan of financing includes the issuance of $280,000 serial bonds of the Town to finance said appropriation and the levl; and collec'tion 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 2. Serial bonds of the Town in the principal amount of $280,000 are hereby authorized to be issued 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 applicable to the specific object or purpose for which the $280,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 19 of the Law, is hereby determined to be fifteen (15) years; however, the 374185.1 001092 RES maturity of the bonds herein authorized shall not exceed five (5) 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 Town Board acting in the role of the Lead Agency, after having identified and considered the relevant areas of environmental concern associated with said improvement and embellishment of said park and recreational area authorized as hereinabove described to in Section 1 (the "Project"), has issued a negative declaration for purposes of the State Environmental Quality Review Act ("SEQP~A"), Article 8 of the New York Environmental Conservation Law, and has heretofore determined that the Project will not have a "significant effect" upon the environment, and has satisfied the requirements imposed by SEQRA. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five 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 374185.1 001092 RF~ 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 without limitation of 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 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 provisioDs of Section 21.00 relative to the authorization of the issuance 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 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 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, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, 374185.1 001092 RES 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 the publication of such resolution 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 shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in full, together with a notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law in THE SUFFOLK .TIMES, a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. 374185.1 001092 RES The adoption of Councilmanl John Mo Romanelli resulted as follows: AYES: the foregoing resolution was seconded by and duly put to a vote on roll call, which Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter NOES: The resolution was declared adopted. 374[85.! 001092 RES CERTIFICATE I, ELIZABETH A. NEVILLE, 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 July 31, 2001, 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 31st day of July , 2001. (SEAL) Town ~ler~ 374185.1 001092 RES PUBLIC NOTICE The bond resolution, a summary of which is published herewith, has be~n adopted on the 3l': day of July, 2001. Thc va idiry 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 orovisions of law which should have been comp led with as of the date of pub cation of this notice were not substantially compl ed with, and an action, suit or proceeding contesting such validity ts commenced within twenty days after the date ofpubhca- lion of the notice or such obligations were authorized in vigla~ion of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31. 200l, AUTHORIZING THE SECOND pHASE OF THE ORIGINAL IMPROVEMENT AND EMBELL- ISHMENT OF THE NEW PUBLIC PARK AND RECREATIONAL AREA ON THE LAND CON- TAINING 13.85 ACRES, MORE OR LESS, ON THE WEST SIDE OF PECONIC LANE, HERETO- FORE ACQUIRED AND NOW OWNED BY AND SITUATE IN, SAID TOWN: STATING THE ESTIMATED MAXIMUM COST THEREOF IS $280,000. INCLUD- ING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF; APPROPRIATING SAID 'AMOUNT THEREFOR AND AUTHORIZING THE BONDS OF SAID TOWN TO FINANCE SAID APPROPRIA- TION. Object or purpose: to improve and embellish the new public park and recreational area on the ceyt~lin ;TAME OF NEW YORK) ~iece or parcel of land contalnmg 3.85 acres, more or less. on the )SSi been heretofore acquired and now owned by and situate in, the Town. age and restroom building, adult ~l~. I ..... du~Zswom, says that ho/sho IS Pnnclpa baseba field lights, asphalt ~ourlt~[ D~III~I ~y paving of the parking int. basket- ~rk of THI: SUFFOLKTIMES, aweeldy . . .~ r'~pu~ bal~/volleyball court~ and lights, a olayground, benches, bleachers, ished at Mattituck, in the Town of SouthoKI, ~Jounty ~ike racks and tables and land- scaping and ~rading of such area. ~uffoIk and State of New Yo~k, and that the Notice of which together with the equipment, ;he ::lnnexsd is a pfintad copy, has bi~N~ regularly pMb- sar'] or appurtenant thereto, bein~ the ~econd phase of the initim ished in said Newspaper once each week improvement and embellishment for I .weeks successiv?ly, commencing of such park and area. Pealed of probable usefulness: fifteen (rS) :)n-- the C~ day bonds authorized shall not exceed tions to be issued: $280.000. A -- 7J complete copy of the bond resolu- /v~taq, Public, Slate of~le~v ¥0r~ k,~ p lion summarized above shall be available for public inspection during normal ~ousiness hours at C~z.:'C:~;; ,~i~c::~ ¢0aa~ ~..%. the office of the Town Clerk, ~"c't~cc~mbcrI3,~.I mown of Southold Town Hall, ~wom to b~fo,r~ m8 this SVc3~grkS. Main Road. Southold, New lay of ~, ~-~ 20 Dated: July 31, 2001 Southold, New York BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD. COUN° ~.~ ~,.~ TY OF SUFFOLK STATE OF NEW YOR~ Elizabeth A. Neville Southold Town Clerk 2007.1TAu9 l,um.,lC NONCE The bond resc4u~on, a mmmary of whid~ i~ pebliaked herewith, bem~ ~mtop~d on the 31a da~of J~y, 2001. The validity of the o~gafio~s authorized by such resolution may be hereafter contested only if such obligations were authorized for all object or purpose for which the TOWN OF SDUTHOLD, in the Count~, of Suffolk, New York, is not authorized to expend money or i! Ike provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with and ~n action, suit or proceeding conteatia~ such validity Is commenced wiOlin twenty days after the date ofpubiica- tion of the notice, or such ob§sar[ohs 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 JULY 31, 2001, AUTHORIZING THE SECOND PHASE OF THE ORIGINAL IMPROVEMENT AND EMBELL- ISHMENT OF THE NEW PUBLIC PARK AND RECREATIONAL AREA ON THE LAND CON- TAINING 13.85 ACRES, MORE OR LESS, ON THE WEST SIDE OF PECONIC LANE, HERETO- FORE ACQUIRED AND NOW OWNED BY AND SITUATE IN, SAID TOWN: STATING THE ESTIMATED MAXIMUM COST THEREOF IS $280,000, INCLUD- ING PRELIM[NARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF: APPROPRIATING SAID 'AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF ............... ?~,000 SERI~ BONDS OF SAID TOWN TO FINANCE SAID APPROPRIA- TION. Obie~t or puq,o~: to .' .rap. roy? and~ embe isl~ the new public par~c aha recreational area on the certain iece or parcel of land containing 3.85 acres more or less, on the west side of Peconic Lane, having been heretofore acqu!red and now owned by and situate in, the Town, irc ud ng, but not limited to a stor- age and restroom building, adult beseball field lights, asphalt paving of the parking lot, basket- ball/volleyball courts and lights, a playground benches, bleachers, bike racks and tab es and land- ac. aping and grading of such area, together with the equipment, machinery and apparatus neces- ~ry or appurtenant thereto, being the second phase of the initial improvement and embellishment of such park and area. Period of probable usefulness: fifteen (15) years, however, the maturity of the bonds authorized shall not exceed five (5)years. Amount of obliga- fions to be issued: $280,000. A complete copy of the bond resolu- tion summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold, New York. Dated: July 31, 2001 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD. COUN- TY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk 2007-1TAu9 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~ ~/}~(~(~.~ of Matt[tuck, in said courl~ being duly sworn, says that he/she is Princip~ clerk of THE SUFFOLK TIMES, a weekly newspaper, lished at Matt[tuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said Newspaper once each week for ! weeks successively, commencing on · the c~ _ _~___day of :~G. 20__~. ...~, Sworn to befo/'e me this day of ilk'~L ~- 20 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 541 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2001: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31,2001, AUTHORIZING THE SECOND PHASE OF THE ORIGINAL IMPROVEMENT AND EMBELLISHMENT OF THE NEW PUBLIC PARK AND RECREATIONAL AREA ON THE LAND CONTAINING 13.85 ACRES~ MORE OR LESS~ ON THE WEST SIDE OF PECONIC LANE, HERETOFORE ACQUIRED AND NOW OWNED BY AND SITUATE IN, SAID TOWN; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $280,000, INCLUDING PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO AND TO THE FINANCING THEREOF; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $280,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. 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 "Town"), is hereby authorized to improve and embellish the new public park and recreational area on the certain, piece or parcel of land containing 13.85 acres, more or less, on the west side of Peconic Lane, having been heretofore acquired and now owned by and situate in, the Town, including, but not limited to, a storage and restroom building, adult baseball field lights, asphalt paving of the parking lot, basketball/volleyball courts and lights, a playground, benches, bleachers, bike racks and tables and landscaping and grading of such area together with the equipment, machinery and apparatus necessary or appurtenant thereto, being the second phase of the original improvement and embellishment of such park and area. The estimated maximum cost of said specific object or purpose is $280,000, including preliminary costs and costs incidental thereto and the said amount of $280,000 is hereby appropriated therefor. The plan of financing includes the issuance of $280,000 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. Section 2. Serial bonds of the Town in the principal amount of $280,000 are hereby authorized to be issued 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 applicable to the specific object or purpose for which the $280,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 19 of the Law, is hereby determined to be fifteen (15) years however, the Maturity of the bonds herein authorized shall not exceed five (5) 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 Town Board acting in the role of the Lead Agency, after having identified and considered the relevant areas of environmental concern associated with said improvement and embellishment of said park and recreational area authorized as hereinabove described to in Section 1 (the "Project"), has issued a negative declaration for purposes of the State Environmental Quality Review Act ("SEQRA"), Article 8 of the New York Environmental Conservation Laxv, and has heretofore determined that the Project will not have a "significant effect" upon the environment, and has satisfied the requirements imposed by SEQRA. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five 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 without limitation of 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 add 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 relative to the authorization of the issuance 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 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 any other bonds heretofore or hereaRer authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, 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) (c) the provisions of law which should be complied with at the date of the publication of such resolution 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 such obligations are authorized in violation of-the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in full, together with a notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law in THE SUFFOLK TIMES, a newspaper published in Mattituck, New York, having a general cimulation in the Town and hereby designated the official newspaper of the Town for such publication. Elizabeth A. Neville Southold Town Clerk