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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