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HomeMy WebLinkAboutSC Water Auth Ext of Mains EXTRACT OF MINUTES Meeting of the Board of Trustees 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 7 o'clock P.M. (Prevailing Time). There were present: and Town Board Members: Present: Hon. Jean W. Cochran, Supervisor; Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Absent: Councilman William D. Moore Also present: Justice Louisa P. Evans and moved its adoption: Elizabeth A. Neville, Town Clerk Gregory F. Yakaboski, Town Attorney offered the following resolution 373449.2 (Y23~7 RES BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, APPROPRIATING $330,000 TO DEFRAY COSTS AND EXPENSES OF THE SUFFOLK COUNTY WATER AUTHORITY ASSOCIATED WITH THE EXTENSION OF AUTHORITY WATER MAINS INTO A PORTION OF CUTCHOGUE, IN THE TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $330,000 AND AUTHORIZING THE ISSUANCE OF $330,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recitals: WHEREAS, pursuant to Section 1078-d of the New York Public Authorities Law, the Town Board of the Town of Southold ("the "Town"), in the County of Suffolk, New York (the "County") is authorized to appropriate by resolution a sum of money to defray the costs and expenses of the Suffolk County Water Authority (the "Authority") associated with the extension of Authority mains to areas in the County within which the County Department of Health Services has documented that private wells providing water to homeowners have become contaminated with pollutants in concentrations greater than recommended by any drinking water guidelines or standards established by the federal government or the State of New York and may enter into a contract(s) with the Authority to so extend Authority mains; and WHEREAS, said County Department of Health Services has documented that private wells in an area of Cutchogue hereinafter described have been contaminated with pollutants in excess of said drinking water guidelines or standards and the Town and the Authority have entered into a contract to so extend Authority water mains into such areas and the Town now deems it to be in the public interest to appropriate money therefor; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with, the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is a Type II Action thereunder and, therefore, no further environmental review is necessary; Now, therefore, SUFFOLK, less than FOLLOWS: THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF NEW YORK, HEREBY RESOLVES (by the favorable vote of not two-thirds of all the members of said Town Board) AS Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), hereby appropriates the amount of $330,000 to defray the costs and expenses of the Suffolk County Water Authority (the "Authority") associated with extension of Authority water mains and appurtenances, including, but not limited to, valves, pumps and controls, equipment, machinery and apparatus, on Depot Lane to Cox Lane and Matthews Lane, all in Cutchogue, estimated maximum cost thereof, from the Town owned wellsite on Evergreen Drive, north terminating in the cul-de-sac of in the Town (the "Project"}. The including preliminary costs and costs incidental thereto and the financing thereof, is $330,000 and the plan of financing includes the issuance of $330,000 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. It is anticipated that the Town will receive grants from the United States in the form of Community Development Block Grant (CDBG) grants which will be budgeted as an offset to the levy and collection of such taxes. Section 2. Serial bonds of the Town in the principal amount of $330,000 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 said $330,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years, but the maturity of the bonds herein authorized to be issued, including any bond anticipation notes issued in anticipation of the sale of said bonds, 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. 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, and provision shall be made annually in the budget of the Town by amortization and redemption of anticipation thereof to mature in interest to be due and payable in such year. appropriation for (a) the the bonds and any notes in such year and (b) the payment of 373449.2 02~'267 RES The adoption of the Councilman John M. Romanelli resulted as follows: AYES: NOES: foregoing resolution was seconded by and duly put to a vote on roll call, which Councilman Craig A. Richter Councilman Brian G. Murphy Councilman John M. Romanelli Justice Louisa P. Evans Supervisor Jean W. Cochran The resolution was declared adopted. 373449.2 0~3267 RES CERTIFICATE 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 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 Board of Trustees 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 WITNESS WHEREOF, in said extract. I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 3]$t day of , 2001. (SEAL) IqJ~l~ NOTICE ~1, ~d'the va~dity of the obliga- tions au~ofigd by su~ re~luuon may ~ hereaRer ~ntest~ only if such obligations were autho~d for an obj~t or pu~ for whi~ the TO~ OF SOUTHOLD, in the ~unt~ of S~olk, New York, is not autho~d to e~nd money or if the ~rovisiom of law whi~ ~o~d have ~en ~mpli~ ~ ~ of ~e dam of pubfi~tion of ~is Noti~ wem not subs~fi~ly ~mpli~ ~, and an a~ion s~t or pr~d~g ~ntesU~g such validity ~s ~en~d ~thm twenty da~ aRer ~e publi~tion of th s Noli~ or such obli~tion were aulhofi~d ~ v o afion ot the provi- sions of the ~nstimtion. ELI~BETH A. ~VILLE To~ Clerk BOND RESOL~ION OF THE TO~ OF SOUTHOLD, NEW YORK, ADORED JULY 31, 2~1, APPROP~ATING $3~,~ TO DEFRAY COSTS AND E~ENS~ OF THE SU~OLK COU~ WATER AU~ORI~ ASSOCIATED WITH THE E~ENSION OF A~HOR~Y WATER ~INS I~O A POR- TION OF C~CHOGUE, IN THE TOWN, STATING THE ~TIMATED ~XI~M COST THEREOF IS $3~,~ AND AUTHORIZING THE ISSUANCE OF $3~,~ SERI~ BONDS OF SAID TOWN TO ~N~CE SAID APPROPRIA- TION Obj~t or pu~o~: to hereby approp~t~ ~e amo~t of $3~.~ to defray ~e ~ ~d ex~n~s of the Suffolk Cowry Water (th~ ~Authofity") a~ated with exmnsion of Au~o~ty water mains and appu~enan~s, mcluding, but not li~t~ to, valve, gum~ and controls, equipment, mach~e~ and ap0aratus, from the To~ owned we~ site on Evergr~n D~ve, noRh on De~t ~ne to ~x ~ne and ter- m nat ng in the cul-de-sac of MaRh~ ~ne, ~ in Cutch~e, n the Town. Pafiod of probable usefulness: fo~y (~) y~. ~mum ~tufity of the Bonds: five (5) yea~. Amour of ob~gations to i~u~: $3~,~. A ~mp~m ~py of the bond ~s- o[ufion su~ed above ~all av~lable for public ~s~ion during no~ b~ine~ hou~ at the o~ the To~ ~erk Town of ~uthold. Town Hall, 5~095 Main Road, Southold, New York. Dated: July31, ~1 ~uthold. New York BY ORDER OF THE TO~ BOARD OFTHE TO~ OF SO.HOLD, COU~ OF SU~OLK. STATE OF NEW YORK El~a~th A. Neville Southold To~ Clerk STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~l/k~ ~(~ of aattituck, in said county, l~ing duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weeldy newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and Ihat 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 ~1 day of /~' ~,~,~ ' w Swom to befor~e me this (~ 20ol ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 $outhold, 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. 534 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, APPROPRIATING $330,000 TO DEFRAY COSTS AND EXPENSES OF THE SUFFOLK COUNTY WATER AUTHORITY ASSOCIATED WITH THE EXTENSION OF AUTHORITY WATERMAINS INTO A PORTION OF CUTCHOGUE, IN THE TOWN, STATING THE ESTIMATED MAXIIVIUM COST THEREOF IS $330,000 AND AUTHORIZING THE ISSUANCE OF $330,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recitals: WHEREAS, pursuant to Section 1078-d of the New York Public Authorities Law, the Town Board of the To~vn of Southold ("the "Town"), in the County of Suffolk, New York (the "County") is authorized to appropriate by resolution a sum of money to defray the costs and expenses of the Suffolk County Water Authority (the "Authority") associated with the extension of Authority mains to areas in the County within which the County Department of Health Services has documented that private wells providing water to homeowners have become contaminated xvith pollutants in concentrations greater than recommended by any drinking water guidelines or standards established by the federal government or the State of New York and may enter into a contract(s) with the Authority to so extend Authority mains; and 373449.2 023267 RES WHEREAS, said County Department of Health Services has documented that private wells in an area of Cutchogue hereinafter described have been contaminated with pollutants in excess of said drinking water guidelines or standards and the Town and the Authority have entered into a contract to so extend Authority water mains into such areas and the Town now deems it to be in the public interest to appropriate money therefor and, further, the Town will grant a permanent easement or easements to the Authority on the Town-owned well site on Evergreen Drive, in Cutchogue, for the purpose of constructing a pump station; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with, the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is a Type II Action thereunder and, therefore, no further environmental review is necessary; Now, therefore, 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"), hereby appropriates the amount of $330,000 to defray the costs and expenses of the Suffolk County Water Authority (the "Authority") associated with extension of Authority water mains and appurtenances, including, but not limited to, valves, pumps and controls, equipment, machinery and apparatus, from the Town owned wellsite on Evergreen Drive (on which the Authority will obtain a perpetual easement for construction of a pump station), north on Depot Lane to Cox Lane and terminating in the cul-de-sac of Matthews Lane, all in Cutchogue, in the Town (the "Project"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $330,000 and the plan of financing includes the issuance of $330,000 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. It is anticipated that the Town will receive grants from the United States in the form of Community Development Block Grant (CDBG) grants which will be budgeted as an offset to the levy and collection of such taxes. 373449.2 023267 RES Section 2. Serial bonds of the Town in the principal amount of $330,000 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 said $330,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years, but the maturity of the bonds herein authorized to be issued, including any bond anticipation notes issued in anticipation of the sale of said bonds, 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 atter 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 I. 150-2 of the United States Treasury Department. 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, 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 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 373449.2 023267 P~ES 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, are hereby delegated to the Town 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 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 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 shall take effect immediately and the Town Clerk is hereby directed to cause said bond resolution to be published, in summary, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York in THE SUFFOLK TIMES, a nexvspaper having general circulation in the Town and hereby designated the official newspaper for said publication. Elizabeth A. Neville Southold Town Clerk 373449.2 023267 RES