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HomeMy WebLinkAboutDump Truck & Office Trailer EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York November 9, 1999 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, Southold, New York, in said Town, on November 9, 1999, at 8:00 o'clock P.M. (Prevailing Time) There were present: Hon. Jean W. Cochran, Supervisor; and Councilpersons: Alice J. Hussie Justice Louisa P. Evans William D. Moore Johrr M. Romanelli Brian G. Murphy There were absent: -- Also present: Elizabeth A. Neville, Town Clerk Gregory F. Yakaboski, Town Attorney received: The Town Clerk reportedthatthe ~llowing pertinentcommunicationshadbeen None The Town Clerk then read such communications to the meeting. The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. Councilman On motion of~, duly seconded by R,~,,,~,~,~m , the following Resolution and Order After Public Hearing was duly declared adopted on the following roll call vote: AYES: NOES: Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Supervisor Jean W, Cochran None The Town Clerk stated that a public hearing had been called for this meeting at the Town Hall, Southold, New York, in said Town, at 8:00 o'clock P.M. (Prevailing Time) to consider the increase in cost of the increase and improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, as more particularly described in the Order Calling Public Hearing To Be Held On November 9, 1999 (herein called the "Order Calling Public Hearing") and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk read, in full, the Order Calling Public Hearing and presented affidavits showing that certified copies of the Order Calling Public Hearing had been duly published and posted pursuant to the provisions of Article 12 of the Town Law. The Supervisor stated that the hearing in the said matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of the increase in cost of the increase and improvement of facilities of the Southold Solid Waste Management District: The following persons appeared in opposition to the increase in cost of said increase and hnprovcmcnt of facilities of the $outhoid Solid Waste Management District: 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, in said Town, on the 9~ day of November, 1999. PRESENT: Hon. Jean W. Cochran, Supervisor William D. Moore, Couneilperson Louisa Evans, Justice Alice Hussie, Councilperson Brian G. Murphy, Councilperson John M. Romanelli, Councilperson In the Matter of the Increase and Improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law. RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called ~Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein calle~l ~District~), has determined to increase and improve the facilities of the District, by the purchase (i), at the estimated maximum cost of $132,000, one used, 25 ton capacity, articulating, off-road dump truck for use in hauling sand, dirt, leaves, brush, landclearing debris and mulch to and from processing and staging areas at the Southold Landfill in Cutchogue, in the District, and (ii), at the estimated maximum cost of $30,000 (including the estimated cost of $9,500 for sewer and electrical hookups), one new office trailer approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a restroom facility, for use as a central office and break room for all employees at the said Landfill, the estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof in the sum of $8,000, being the amount of $170,000; and WHEREAS. after a public hearing duly called and held on January 19, 1999, the Town Board of the Town determined pursuant to the Resolution and Order After Public Hearing duly adopted on January 19, 1999, that it is in the public interest to so increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated total cost of $170,000; and WHEREAS, due to increased costs of materials and labor for the acquisition of the new office trailer and the sewer and electrical hookup thereto, the estimated maximum cost thereof has increased by the amount of $19,500 to $49,500 and the estimated total cost of said increase and improvement of facilities is now $189,500, and it is necessary and desirable and in the public interest and the best interests of the Town to increase the total appropriation therefor by said amount of $19,500, from $170,000 to $189,500; and WHEREAS, said $189,500 total estimated cost shall consist of the purchase (i), at the estimated maximum cost of $132,000, one used, 25 ton capacity, articulating, off- road dump truck for use in hauling sand, dirt, leaves, brash, landclearing debris and mulch to and from processing and staging areas at the Southold Landfill, in Cutchogue, in the District, and (ii), at the estimated maximum cost of $49,500 (including the estimated cost of $20,000 for sewer and electrical hookups and landscaping costs), said additional amount expected to be paid by the expenditure of $19,500 from available funds of the District, one new office trailer approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a restroom facility, for use as a central office and break room for all employees at the said Landfill, the estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof in the sum of $8,000, being the aggregate amount of $189,500; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted October 19, 1999, a public hearing was duly held by the Town Board on this 9~ day of November, 1999, at 8:00 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, New York, in the Town, and considerable discussion on the matter bas been had and ali person$ desiring to be heard have been heard, including those in favor of and those in Opposition to said increase in cost to the increase and improvement of facilities of the Southold Solid Waste Management District; and WHEREAS, the Town Board bas given due consideration to the impact that the increase and improvement of facilities of the District may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and WHEREAS, the Town Board and the Town have complied in every respect with ail applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, .in connection therewith, a duly executed Short Environmental Assessment Form has been filed in the office of the Town Clerk; NOW, THEREFORE, on thc basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the increased estimated total cost of not to exceed $189,500; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved as hereinabove described at the estimated maximum cost of $189,500 and, further, that the Engineer heretofore retained by the Town Board shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Town Attorney, prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible~ and it is hereby FURTHER ORDERED, that the expense of so increasing and improving such facilities shall be financed by the expenditure of $19,500 from available funds of the District, and the issuance of not to exceed $170,000 serial bonds of the Town, and the costs thereof, including payment of principal of and interest on said bonds, shall be assessed, levied and collected from the several lots and parcels of land within said District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds~ and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: NOVEMBER 9, 1999 TOWN BOARD OF THE TOWN OF SOUTHOLD (SEAL) (,..) Jean W. Cochran Supervisor t/ '-r William'lS. Moore Councilperson Louisa Evans Justice Alic-9~t:~ssie 1~7 ~ ,~"~ -~_ B~i°uanncGii n~U r~., John M. Romanelli Councilperson Members of the Town Board of the Town of Southold, New York Justice Evans offered the following resolution and moved its adoption: RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 9, 1999, AMENDING THE BOND RESOLUTION ADOPTED JANUARY 19, 1999. RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two- thirds of all members of said Board) AS FOLLOWS: Section (A) The bond resolution of said Town duly adopted by the Town Board on January 19, 1999, entitled: 'Bond Resolution of the Town of Southold, New York, adopted January 19, 1999, appropriating the amount of $170,000 for the increase and improvement of facilities of the Southold Solid Waste Management District, in said Town, and authorizing the issuance of $170,000 serial bonds of said Town to finance said appropriation ~ is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 19, 1999, AND AMENDED ON NOVEMBER 9, 1999, APPROPRIATING THE AMOUNT OF $189,500 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN, INCLUDING THE EXPENDITURE OF $19,500 FROM AVAILABLE FUNDS OF THE DISTRICT, AND AUTHORIZING THE ISSUANCE OF $170,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION. Recital WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, acting on behalf of the Southold Solid Waste Management District (herein called the "District"), in the Town, has heretofore determined to increase and improve the facilities of the District as hereinafter described and, after a public hearing duly called and held, said Town Board has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on January 19, 1999, that it is in the public interest to so increase and improve the facilities of the District and ordered such facilities to be thus increased and improved at the estimated maximum cost of $170,000, and provide for its financing; and WHEREAS, due to increased costs of materials and labor for the acquisition of the new office trailer and the sewer and electrical hookup thereto, the estimated maximum cost thereof has increased by the amount of $19,500 to $49,$00 and the estimated total cost of said increase and improvement of facilities is now $189,500, and it is necessary and desirable and in the public interest and the best interest of said Town to increase the total appropriation therefor by said amount of $19,500, from $170,000 to $189,500; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two- thirds of ail the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $189,500 for the increase and improvement of the facilities of the District heretofore authorized pursuant to the Resolution and Order After Public Hearing referred to in the Recital hereof and shall purchase (i), at the estimated maximum cost of $132,000, one used, 25 ton capacity, articulating, off- '\ road dump truck for use in hauling sand, dirt, leaves, brush, landelearing debris and mulch to and from processing and staging areas at the Southold Landfill, in Cutchogue, in the District, and (ii), at the estimated maximum cost of $49,500 (including the estimated cost of $20,000 for sewer and electrical hookups and landscaping costs), said additional amount expected to be paid by the expenditure of $19,500 from available funds of the District, one new office trailer approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a restroom facility, for use as a central office and break room for all employees at the said Landfill. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing in the amount of $8,000, is $189,500. The plan of financing includes the expenditure of $19,500 from available funds of the District, and the issuance of not to exceed $170,000 serial bonds of the Town to finance the balance of said appropriation, and such amount, including installments of principal and interest on such bonds, shall be assessed, levied and collected from the several lots and parcels of land within said District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $170,000 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 the balance of said appropriation. Section 3. The following additional matters are hereby determined and declared: '\ (a) The period of probable usefulness of each item of the sPeCific object or purpose for which said $170,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 6 of the Law, is hereby determined to be ten (10) 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 has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA") no substantial adverse environmental impact will be caused by the increase and improvement of facilities of the District. (d) 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 said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to 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 issued 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 and prescribing their 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, 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 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 arc 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 (e) such obligations are authorized in violation of the provisions of the constitution. Section 7. This reSOlution shall take effect immediately. Section (B) The amendment of the bond reSOlution set forth in section A of this reSOlution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond reSOlution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond reSOlution, as SO amended. Section (C). This resolution shall take effect immediately. Councilman The adoption of the foregoing resolution was seconded by Romanelli and duly put to a vote on roll call. which resulted as follows: Councilwoman Alice J. Hussie AYES: Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy NOES: None The resolution was declared adopted. offered the following resolution and moved its adoption: RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. The Town Clerk is hereby directed to publish the foregoing bond resolution, in full, in the "SUFFOLK TIMES," a newspaper published in Mattituck, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. Section 2. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilman Romanelli and duly put to a vote on roll call, which resulted as follows: Councilwoman Alice J. Hussie AYES: Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy NOES: None The resolution was declared adopted. 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, duly called and held on November 9, 1999, 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 this 9~ day of November, 1999. (SEAL) Tbwn Clerk ~07454.1 0206~9 RES ~ t~e faclfator of the i~lm~'in~e~and' ~ dul~ ca~d and ~timat~ ~ $1~,~, a~ '~o~ ~ its fl- Ute i~n~d es~d ~um cost $1~, ~ ~' ~ ~ ~ c~t of ~ s~9~ ~ ~t~, declared: · la) The period of probable u~- ful~aa of each item of the specmc o~~ Or pu~ose for which said Sc~ion 11.~ a. 6 of the Law, is here- ~ dete~ed to ~ ten (10) years. (bi ~ pr~eeds o[ the bonds · herein authorized and any bond pation of ~d ~nds may be applied to ~i~b~ the Town fo~ expendi- ~ ~lufion for the pu~se for wh~h ~ ~nds are authorized.~e f~e~g s~tement of intent with ~(~ty ~th Treasury RegulaUon ~bn 1.1~2 o{ the United ~u~ Department. -(¢) ~e Town Board has de- the nppfi~ble provisions of the Sta~ Envir~mental Qoality Review A~ ("SEO~") no substantial adve~ f~lities of the District, (d) ~e proposed maturity of the ~ auth~zed by this resolution ~11 ex,ed five (5) years. ~ion 4. Each of the ~nds n~ ~ed by this resolution and ~Y ~d anticipation notes issued ~t~pnfion of said ~nds shall ~n- lain the re~ of validity pres~ by S~tion 52.~ of the Law and ~ ~n~ ~d ~y notes issued in ~- ~tion ~d ~nd~ shall be gen~ obi gati~s of the Town. payab~ to ~th p~cipal and interest ~ p~pe~y ~thin the Town ~t~ limitation ~ to rate or amount. faith and ~edit of the Town h~eby i~evocably pledged to punctual payment of the pfincip~ of and interest on said ~nds and ~ of said ~nds and provision ~ made a~ually in th~ bud~t the Town by appropriation f~ the amo~ization and redemp~ of such year and (b) the payment of interest to be du~ and paynb~ such year. Section 5. Subiecl to thc provi- sions of this resolution and of thn Law and pursuant to the provi.~i~ns of Section 21.00 relative to the authorization of the issuance of bonds having substantially I¢,~l-or declining annual debt ~l~ce, ~ Section 30.00 relative to thea~bo~ anticipation notes, and Se~ti~a ~0.00 ~.~O and Sections 56.00 to 60.00 of the f Mattituck, tn said Law, thc powerS and dutie~ ~ the Town Board relative to autl~g [orI'l, says room f~ all eu~ bond anticipation notes and pre- TL~_~, scribing their termS, form ~ ~ '~ SUFFOI~K tents and as to thc sale and ~ /bltshed at Mattituck, in of the bonds herein nuthatch* ~ ~ d ~a- other bonds heretof~= ~ i, County of suffo_lR ~ch ~ any .... nd of ~'~ ...... ,h,~ Notice o! wm ~i" ..... " ' .i.' ' .d--'e~.mf,e~tL,,tifd,'~tdsof the tnecm~,~ ,~ ~nd~ of tho ~ ~tance the umam,~ ,,. ,..~n~ authorized by thi~ ~ .ad s~:h a~ount; ~%f any notes issue~ ~ a~- 9 in~n~ll~...°f~lmm~n~l~~, tS'&pationofsaidbond$,nm~°'eeOn' ~ ·., \. h J ' ~ ~ ~teo ~mu. t~ such obligati~ ~ ~ ~ ~ ~ ._. _ thofized tot ~ o~ ~ ~p~ Clerk ~ ~. dzeo ~ ~ ~ ~ORK ~'~ ~" '" ~ n{ should be compB~ ~ ~ ....... a" olutlon ~; .., o~ t~OL~ ~D O0 d({~mm~s'~'' ..a an action, suit m~ - ~ s~ns ( ) .... m ~ t~ ~1- immodiatdY. tm~ ~n~ ~{t~r ~e effe~iv~ date of STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK.) \J (~ OJ~..~, [~[-J I I ~ t ~ of Mattltuck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy. has been regu- larly published in sald Newspaper once each week for I weeks successively, commencing ,on. the' I ~4-h day of N[OVO D// m. e~illlated mnxtmu~a :' · c~o~t of brml~'land~lm~m8 . .d~, .s!id ~gld~ interest to 1~ du~ ~ ~b~ in ~.~. ~'~'~. , '- ,'~ ~ ;~ ~,, ~: .~W=~ ~'~" ~ ~ Pr°~om _ ~8 ., .~..~~~ ~f ~ 21.~,~hti~ to the ~~~.. ~~~l au~ of the ~n~ of · ~ ~ ~ ~vel. ~ ~.~ a~ ~ ~ ~nd Toff ~ ~ to a,~saizins and o~ ~"nmfs%~ in ~, tkql~km d alid Ixiidk may be con- '- (Iii d~.~ssoiMi~, d ku~vMth wire at the -- cst to so increas~ and improVc thc ~M at ~ ~ to~ ~ ,> ~_ -'~.~:~m~.~ .... ~xewYor~' ~a u~, ..... ~em~- · ~ ~ ~, ~~~ ~tate ox ,,~ . . ~-~ed copy. n~ ucc- - ~ ~ · V~ , ~; ~ ' ~_~ ~,, nub~s~ea ut o~ ;.~ ~uccessivety, ~ ~~~ wee~ for x .=~ ~y+~ ~ay ~]Z ~-~ ,;; ' ~~l~,~t CO~Ctx~¥'~ / ,n~ . , ~~a-- ~.,~:~m~) of ~ ~ . · ~ , ~ ' ~~. ~:~ ~ ~ ~ ~ ~ctp~ cter~ ~-- - ~~,~ ( I .... ~:. .~ Sworn to before me ~s JO~!~O~l O~t '1 ~ ~ ~t~ r .... ' ~ S ~ ~ ) The resolution published here- with has I~L~t~:] .an the the va hdity, oir .ff/l~.~j~l]i~atinns authorized' by ~u~:~'~lution may be bereat~r contested only if sunh obligations were autho- rized for an object .or purpose for .which 4he TOWN OF SOUTHOLI~in the County of Suff~g~c, New Y oflq. is not antho- riz~d Io~xpead money or if the provisions of law which should have been ¢0mplied with as of' the dato. of l~blication of this No~ice wer~_~ot substantially complied with, and an action, suit or pro;~a~,ding contesting such,validigy is commenced within twenty days after the publication/6f this Notice, or such obligations were autho- rii,ml in viniation 9,f the provi- sions of the';coni~ifl/tion. Town Clerk 'BOND RESOLLrrloN OF THE 'I~)WN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY ~!~, 1999, ,APPROPRIATING '[HE AMOUNT OF $170,000 FOR THE INCREASE AND UVl- F~ROVEMENT OF FACILITIES OF THE SOUTI-IOLD SOLID W^STEt, inNHC~M~qT DiS- TRICT,JN SAI~'~'O,WN, AND AUTHORIZING THE ISSU- ANCE OF $11'10k0(O SERIAL ~ONDS OF S~IO TOWI, i TO · R itel WHEREA~own Board of the Town of Southold (herein called thc "Town"), in the County. of ~uffolk, New York, acting on bei~_ of gte Southold SolidWaste !~l~em,em Dis- in the Town, has heretogct, de- term/ned to increase and'trfiprove a. 6-b of the Law, is ten (10) years. (b) The proceeds of the bonds herein authorized and a-v bond anticipation notes isst n an- the facilihes of the .District as ticipation of said bonds may be :OLK bereinaRer described and, after applied to reimburse the Town apublic~and for expenditures made after the )RK ss: held, sm.~de, effective date of this resolution termiaed_,J?~r~a~-~,.~ for the purpose for which said lution and Orde~ Al%r Pu~c bonds are authorized. The fore- . being duly sworn, says that ~ear'.,mg,d~l~.adopied on this going statement of int~t with ate, ma~thepu~licinter- .respecttoreimbursem~nt ~ma~ ,n Coordinator, ofthelRAV- est to so the. muse.and improve in conformity with Treasur3~ , a public newspaper printed the,facilities-~:ffthe. Disffict and Regulation Section 1.150-2 ofthe olk County; and that the no- ordered Such f~ctlitlas to be thusUnited States Treasury Depart- increi~d ami ii,proved at the ment. annexed is a printed copy, estimatbd maximum cost of (c)TheTown Board has deter- $170,000 and.~hat the Engineer mined and found that pursuant I in said Traveler Watchman pre. pare spucifi~ktions,~nd.an to the applicable prowsions of ,r est~mat~ of thz .guy and, with the State Env!,r, onmental Qual ty the Town Attorney, propare a Rev ew Act (SEQRA") no sub- // contrag~(s) for la~-~ntatton to stantial adverse environmental ...................................... weeks theTown Bmin:[as,~3on as pos- crease and improvement of fa- nencing on the ~ sible; impact will be caused by the in- . ................... ow, therefor~,'l~ j17' cilities of the District. RESOLVEDBY~'~ ~ Section 4. Each ofthe bonds ~f~ ......... ,19.~..~ ~ authorized by this resolution and any bond an ticipat on notes ~~ .O,F .SJ. JFFO. L.K~NEWY'.OI~_Coy issued in anticipation of said the mvorable~votgo~l~ less bonds shall contain 'the recital than two-thirds olCiRt~ mere- of validity prescribed by Section bets ,of said ii{~ar~:,~x ~oL- 52.00 oft'he Law and said bonds ~ LOWS: ' "' ' and any notes issued n antici- ~e this ........................... day of Sectio~ 1.The~T~ v./ayap- pation said bonds shall be gen- $170,000 fqr}~J~ ~se' and payable as to both principal and improve~..~. Iltl~s of interest by a general tax upon all the DistriCt ]1~/~ ' ' o- rized pursua~iO~j~¢.~ ~u~,~h the taxable real property within and,O~.erAll~r~bllg the Town without limitation as :...6~....~~ ....... reft'ed to.ilfl~[~l: ~'~' to rate or amount. The faith and credit of the Town are hereby ~tary Public an ~ sha[l' Pgi[l~aaa (i)~,at the es-- irrevocably pledged to tbe punc- tin~t~ nl~,~ll~l~lR.tgost of. tual payment oftheprincipa of 8~RI~RI & S~HNEID~ '$1 ,.~3~.~ .'_u~¢!'~On ca- and interest on saidbonds and I~I01AR¥ RISIJC, Stata al ~ ¥~ pacity~.~!~.~ .o~"f?road any notes issued in anticipation NO. 480~45 dun~p ~ :~r'ti~ it~ h~/uline of the sale of said bonds and qualif~Rl in Suffolk sand, dirt, l~e,avest,..~.13.~., hi.land'2- provision shall be made anna- Commis~ Eapi,es ~1/~ c.l~jnS.' d~rts~ktl~o~and ally in the budget of the Town ~S$ n~om proc.~.~igga~g ar- by appropriation for (a) the am- ea~.lg ~e'S661fiol~[ Llfil~il[, in ortization and redemption of the CutchogUe, in fl~g.D~aa'ict, and bonds and any notes issued n (ii), at the ~maXi~u~ anticipation thereof to mature in cost'of $30,000~ the such year and (b) the payment estimated:'~'o~,500 ftr of interest to be due and pay- sewer anq~,.~_ .~ogi~m~, ' able in such year. ~ one gem ~~x~- ~ Section 5. Subject to the pro- mately tv&qv~ ~12)} _t~et b~/gtxty-, visions of this resolution and of fo~'(64)~fe~ ~oqifelud~ thret~ the Law and pursuant to the .(?) a provisions of Section 21 00 rela- ity~mr ~!l~tSi~ll~!fffi~eili~ tire to the authorizat on of the break ~¥&' _a~ej~/pl~sat. issuance of bonds having sub- th~ said,.E~ilffil?2'h~'~m~,~t~l, stantially level or declining an- malximlflfi,dtl~ ~,.~'~ nual debt service, Section 30.00 object Or ~..l~li~g .. relative to the authorization of P.re, limi'.~. ~-.t~s_ ~-/~i;,~ ia: this i~suance of bond anticipa- cinental' tii_,~.~ti~ ~fth~ fi- tion notes, and Section 50.00 nanc/ng ~~$8,000, and Sections 56.00 to 60.00 of is $17~t.~f.~ _'~_ i~.~ t~fi'tiang- the Law, the powers and duties lng in¢l~srthe"l~ls~uih~/c~ of of the Town Board relative to $170,~i~e~iaI~orm~ Of the authorizing bond anticipation T°wntW"t!K~c')'sdiddppmpria notes and prescribing their 1.o'1 ,i'ld .MKh illllmJHl, II'{.'hl¢i terms, form and contents and as i;..'..'.'.a:l.'fi~ nfl~ine.pat~.l' to the sa e and issuance of the i '.ere: :~: snch ho~, qt,lr~,t bonds herein authorized, ~ind ~ .., .'~se.I, ~t'~od'ntld eul!~.t~.e:, any other bonds heretofore or t .,,-'~ 'he sevvdal Io,~. ibn! oer,.els hereafter authorized, and of any e" !,r'.,'l wi~lun'said lltq~'~ ,: bond anticipation notes issued the Town l~oard in the manne'r in anticipation of said bonds, provided by/nW-'._li~ lfl~'i~aid and the renewals of said. bond from such sourcel~t)~ai~le anticipation notes, are hereby gropeny within said Town Shatl delegated to the Supervisor, the e subject to the le..~ of an ad chief fiscal officer of the Town. valorem tax, without Imliiation as Section 6. The validity of the to rate pr mount, ~ffwtant to bonds authorized by this reso- pay the pnncipal ofal~d.interest lution, and of any notes issued _ on said bonds, in anticipation of said bonds, Section 2. Serial bonds of the may be contested only iff Town are hereby authorized to (a) such obligations are autho- be issued in the principal rized for an object or purpose amount of $170,000pursuantto for which the Town is not au- the provisions of the Local Fi- thorized to expend money or nance Law, constituting Chap- (b) the provisions of law which ter 33-a of the Consolidated should be complied with at the Laws oftbe Slate of New York date of the publication of such (berein called"Law"),to finance resolution are not substantia',, said appropriation, complied with and i~¢DL;'l' Sect~on3'.Thefollowingaddi- suit or procee~q~ut~ ~x~q · - --.a .....,.,,~ are, bereby deter- such ..... "'.."' -- ' ~ EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York January 19, 1999 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, Southold, New York, in said Town, on January 19, 1999, at 5:00 o'clock P.M. (Prevailing Time) There were present: Hon. Jean W. Cochran, Supervisor; and Councilpersons: Councilwoman Alice J. Hussie Justice Louisa P. Evans Cduncilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy There were absent: Also present: Elizabeth A. Neville, Town Clerk Gregory F. Yakaboski, Town Attorney The Town Clerk stated that a public hearing had been called for this meeting at the Town Hall, Southold, New York, in said Town, at 5:00 o'clock P.M. (Prevailing Time) to 307454.1 020689 RES received: The Town Clerk reported that the following pertinent communications had been None. The Town Clerk then read such communications to the meeting. The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. On motion of Councilwoman Hussie Councilman , duly seconded by _ Romanelli~, the following Resolution and Order After Public Hearing was duly declared adopted on the following roll call vote: Supervisor Jean W. Cochran AYES: ,~3ouncilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Muprhy Councilwoman Alice J. Hussie Justice Louisa P. Evans NOES: None consider the increase and improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, as more particularly described in the Order Calling Public Hearing To Be Held On January 19, 1999 (herein called the "Order Calling Public Hearing") and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk read, in full, the Order Calling Public Hearing and presented affidavits showing that certified copies of the Order Calling Public Hearing had been duly published and posted pursuant to the provisions of Article 12 of the Town Law. The Supervisor stated that the hearing in the said matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of the increase and improvement of facilities of the Southold Solid Waste Management District: There was no response. The following persons appeared in opposition to said increase and improvement of facilities of the Southold Solid Waste Management District: None. Meeting of the in the County of Suffolk, January 19, 1999 EXTPJ~CT OF MINUTES Town Board of the Town of Southold, New York Southold, Town Hall, 53095 Main Road, Southold, New York, 1999 at 4:30 o'clock P.M. (Prevailing Time). There were present: Hon. Jean W. Cochran, Board Members: Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman ~ohn M. Romanelli Councilman Brian C. Murphy A regular meeting of the Town Board of the Town of in the County of Suffolk, New York, was held at the on January 19, Supervisor; and There were absent: Also present: Elizabeth A. Neville, Town Clerk Gregory F. Yakaboski, Town Attorney CoIIncilm~n Inhn M gnmsnalll offered the following resolution and moved its adoption: 309079.1 001092 RF~ The adoption of the foregoing resolution was seconded by Councilwoman Alice J. Hussieand duly put to a vote on roll call, which resulted as follows: AYES: Councilman Moore, Councilman Romanelli, Councilman Murphy, Justice Evans, Councilwoman Hussie, Supervisor Cochran NOES: None The resolution was declared adopted. ~09079. l 001092 Councilwoman Hussie offered the following resolution and moved its adoption: Councilwoman I-lussie offered the following resolution and moved its adoption: Councilman The adoption of the foregoing resolution was seconded by Re, man,,Iii and duly put to a vote on roll call, which resulted as follows: Councilman William D. Moore AYES: Councilman John M. Romanelli Councilman Brian G. Murphy Councilwoman Alice J. Hussie Justice Louisa P. Evans NOES: Supervisor Jean W. Cochran None Thc resolution was declared adopted. *** Councilwoman Hussie offered the following resolution and moved its adoption: RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. The Town Clerk is hereby directed to publish the foregoing bond resolution, in full, in the "TRAVELER WATCHMAN," a newspaper published in Southold, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. Section 2. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by and duly put to a vote on roll call, which resulted as follows: Councilman William D. Moore AYES: Councilman John M. Romanelli Councilman Brian G. Murphy Council~toman Alice J; Hussie Justice Louisa P. Evans Supervisor Jean ~/. Cochran NOES: None Councilman Romanelli The resolution was declared adopted. ~}07454.1 020689 RES Southold, Town Hall, August 3, EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York August 3, 1999 A regular meeting of the Town Board of the Town of in the County of Suffolk, New York, was held at the 53095 Main Road, Southold, New York, in said Town, 1999, at 5:00 o'clock P.M. (Prevailing Time) There were present: Hon. Jean W. Cochran, and Councilpersons: Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Justice Louisa P. Evans Councilwoman Alice J. Hussie on Supervisor; There were absent: Also present: Elizabeth A. Neville, Town Clerk Gregory F. Yakaboski, Town Attorney The Town Clerk stated that a public hearing had been called to consider an increase in cost to the 'increase and improvement of facilities of the Southold Solid Waste Management District, in the Town of Southold, from $200,000 to $210,000, due to an increase of $10,000 in the cost of constructing a new scale 325274.t 001098 RES house, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk read, in full, the notice calling said public hearing and presented affidavits showing that certified copies of said notice had been duly published and posted pursuant to the provisions of Article 12 of the Town Law. The Supervisor stated that the hearing in the said matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of said increase in cost to the increase and improvement of facilities of the Southold Solid Waste Management District: None The following persons appeare~ in opposition to said increase in cost to the increase and improvement of facilities of the Southold Solid Waste Management District: None 325274.1 001098 RES The Town Clerk reported that the following pertinent communications had been received: None The Town Clerk then read such communications to the meeting. The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. On motion of 3ustice Louisa P. Evans duly seconded Councilman ' by William D. Moore , the following Resolution and Order After Public Hearing was duly declared adopted on the following roll call vote: AYES: NOES: Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Justice Louisa P: Evans Councilwoman Alice J. Hussie Supervisor Jean W. Cochran None 325274.[ 001098 RES 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, in said Town, on the 3rd day of August, 1999. PRESENT: Hon. Jean W. Cochran, Supervisor William D. Moore, Councilperson Louisa Evans, Justice Alice Hussie, Councilperson Brian G. Murphy, Councilperson John M. Romanelli, Councilperson In the Matter of the Increase and improvement of facilities for the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law. RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, following a determination by the Town Board of the Town of Southold (herein called "Town Board" and "Town" respectively) to proceed with the increase and improvement of facilities of the Southold Solid Waste Management District, (herein called "District"), in the County of Suffolk, New York, consisting of (i) construction of a new scale house at the estimated maximum cost of $40,000 and (ii) acquisition of various equipment at the estimated maximum cost of $160,000, and after a 325274.1 001098 RES public hearing duly called and held, the Town Board of the Town determined by the Resolution and Order After Public Hearing duly adopted on November 12, 1997, that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be increased and improved at the estimated total cost of $200,000; and WHEREAS, due to increased costs of materials and labor for the construction of such scale house, the estimated maximum cost thereof has increased by the amount of $10,000 to $50,000 and the estimated total cost of said increase and improvement of facilities is now $210,000, and it is necessary and desirable and in the public interest and the best interests of the Town to increase the total appropriation therefor by said amount of $10,000, from $200,000 to $210,000; and WHEREAS, the Town has completed modifications to the map, plan and report to provide for said increase in costs of materials and labor for said increase and improvement of facilities, which now consists of (i) construction of a new scale house at the estimated maximum cost of $50,000 and (ii) acquisition of various equipment at the estimated maximum cost of $160,000, and filed the same with the Town Clerk; and WHEREAS, the Town Board thereafter adopted an Order describing in general terms the proposed increase and improvement of the facilities, specifying the increase in the estimated maximum cost of constructing such scale house and the increase in the estimated total cost of said increase and improvement of 325274.1 001098 RES facilities from $200,000 to $210,000, and stating that the Town Board would meet to hear all persons interested in said increase in the cost to the increase and improvement of facilities on August 3, 1999, at 5:00 o'clock P.M. (Prevailing Time) at the Town Hall, in the Town; and WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and posted pursuant to the provisions of Article 12 of the Town Law, and such further public hearing was duly held by the Town Board on this 3rd day of August, 1999 at 5:00 o'clock P.M. (Prevailing Time) at the Town Hall, in the Town, and considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase in the cost to the increase and improvement of the facilities; WHEREAS, the Town Board has duly considered and reviewed all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law, as related to the impact that the increase and improvement of facilities of the District may have on the environment and, on the basis of such consideration and review, the Town Board has determined that no substantial adverse environmental impact will be caused thereby; NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby 325274.1 001098 RES DETERMINED, that it is in the public interest to increase, by the amount of $10,000, the estimated cost to the increase and improvement of the facilities of the District by (i) construction of a new scale house at the revised estimated maximum cost of $50,000 and, (ii) acquisition of various equipment for use in and for the District at the estimated maximum cost of $160,000, as hereinabove referred to, the estimated total cost thereof not to exceed $210,000; and it is hereby ORDERED, that the cost of increasing and improving the facilities of the District as hereinabove described is hereby increased by the amount of $10,000 and such new scale house shall be constructed and such equipment shall be acquired at the estimated maximum cost of not to exceed $50,000; and it is hereby FURTHER ORDERED, that the Engineer heretofore retained by the Town Board shall prepare specifications and make careful estimates of the expense of said increase in cost to said increase and improvement of the facilities and, with the assistance of the Town Attorney, prepare a proposed contract or contracts for the construction of such new scale house at such increased cost and the acquisition of such equipment, which specifications, estimate and proposed amended contract(s) shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving such facilities shall be financed by the issuance of 325274.1 {~109& RF~ not to exceed $210,000 serial bonds of the Town, including the $200,000 serial bonds heretofore authorized, and the costs thereof, including payment of principal of and interest on said bonds, shall be assessed, levied and collected from the several lots and parcels of land within said District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds; and it is hereby 325274.1 001098 FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: AUGUST 3, 1999 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD W. Cochran Supervisor -~ W~l~am-D. Moore Councilperson Louisa Evans Justice - cAoliC p ~e ~ J~ hn M. Romanelli Councilperson Me ~rs of the Town Board of the Town of Southold, New York 325274.1 001098 RES Justice louisa P. Evans and moved its adoption: offered the following resolution ~25274.1 001098 RES RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 3, 1999, AMENDING THE BOND RESOLUTION ADOPTED NOVEMBER 12, 1997. Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York (the "Town"), has heretofore duly authorized the increase and improvement of facilities of the Southold Solid Waste Management District (the "District") within the Town, at the estimated total cost of $200,000, which amount was appropriated therefor pursuant to the bond resolution adopted by said Town Board on November 12, 1997 and hereinafter referred to, and it now has been determined that due to increased costs of materials and labor and changes in the scope of the project, the total cost of said increase and improvement of facilities of the District is now estimated to be $210,000, and it is necessary and desirable and in the best interests of said Town to increase (i) the total appropriation therefor by $10,000, from $200,000 to $210,000 and (ii) the total amount of serial bonds to finance said appropriation by the same amount; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: 32:5274.1 00~098 R~ Section (A) The bond resolution of said Town duly adopted by the Town Board on November 12, 1997, entitled: Bond resolution of the Town of Southold, New York, adopted November 12, 1997, ~ppropriating the amount of $200,000 for the Increase and improvement of facilities of the Southold Solid Waste Management District, in said Town, and authorizing the issuance of $200,000 serial bonds of said Town to finance said appropriation. is hereby amended to read as follows: 325274.1 001098 RES BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 12, 1997 AND AMENDED AUGUST 3, 1999, APPROPRIATING THE AMOUNT OF $210,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID TOWN, AND'AUTHORIZING THE ISSUANCE OF $210,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Recitals WHEREAS, following a determination by the Town Board of the Town of Southold (herein called "Town Board" and "Town" respectively), in the County of Suffolk, New York, to increase and improve the facilities of the Southold Solid Waste Management District, in the Town (herein called "District"), consisting of (i) construction of a new scale house at the estimated maximum cost of $40,000 and (ii) acquisition of various equipment at the estimated maximum cost of $160,000, and after a public hearing duly called and held, the Town Board of the Town determined by the Resolution and Order After Public Hearing duly adopted on November 12, 1997, that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved at the estimated total cost of $200,000; and WHEREAS, due to increased costs of materials and labor for the construction of such scale house, the estimated maximum 325274.1 001098 RES cost thereof has increased by the amount of $10,000 to $50,000 and the estimated total cost of said increase and improvement of facilities is now $210,000, and following a public hearing duly called and held on August 3, 1999, the Town Board has determined that it is in the public interest and the best interests of said Town to increase, by the amount of $10,000, the estimated cost of the increase and improvement of facilities by (i) construction of such scalehouse at the revised estimated maximum cost of $50,000 and (ii) acquisition of various equipment for the District at the estimated maximum cost of $160,000, the total cost thereof not to exceed $210,000 and ordered such increase in cost, the preparation by the Engineer retained by the Town of specifications, estimates of cost and, with the assistance of the Town Attorney, a proposed amended contract and further ordered the financing of such increased cost, Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $210,000 for the increase and improvement of facilities of the District consisting of (i) construction of a new scale house at the estimated maximum cost of $50,000 and, (ii) acquisition of various equipment at the estimated maximum cost of $160,000, heretofore authorized pursuant to the Resolution and Order After 325274.1 001098 RE~ Public Hearing referred to in the Recital hereof. The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $210,000. The plan of financing includes the issuance of not to exceed $210,000 serial bonds of the Town to finance said appropriation and such amount, including installments of principal and interest on such bonds, shall be assessed, levied and collected from the several lots and parcels of land within said District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $210,000 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 Section 3. The determined and declared: finance said appropriation. following additional matters are hereby (a) It is hereby determined that the period of probable usefulness of the specific object or purpose for which (i) $50,000 principal amount of said $210,000 serial bonds are authorized to be issued, within the limitations of Section 11.00 a.35 of the Law is five (5) years and (ii) $160,000 principal amount of said $210,000 serial bonds are authorized to be issued, 325274.1 001098 RES within the limitations of Section 11.00 a. 28. of the Law, is 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 has duly considered and reviewed all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law as related to the impact that the increase and improvement of facilities for the District may have on the environment and, on the basis of such consideration and review, the Town Board has determined that no substantial adverse environmental impact will be caused thereby. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without 325274.1 001098 RES limitation as to 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 issued 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 and prescribing their 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, 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 said bonds, may be contested only if: 325274.1 001098 RI~ (a) such obligations are authorized for an object purpose for which the Town is not authorized to expend money, or 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. immediately. This resolution shall take effect Section (B) The amendment of the bond resolution set forth in Section A of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Section (C). This resolution shall take effect immediately. 325274.1 001098 RES The ~ .. adoption of the foregoing resolution was seconded I. ouncllman by William D. Moore and duly put to a vote on roll call, which resulted as follows: Councilman William D. Moore AyEs: Councilman John M. Romanelli Councilman Brian G. Murphy Justice Louisa P; Evans Councilwoman Alice J. Hussie Supervisor Jean W. CochraN NOES: None The resolution was declared adopted. Justice Louisa P. Evans resolution and moved its adoption: offered the following 325274.1 0Ol098 RES RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. The Town Clerk is hereby directed to publish the foregoing bond resolution, in full, in "THE SUFFOLK TIMES,,, a newspaper published in Southoid, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. Section 2. This resolution shall take effect immediately. The adoption of the foregoing resolution was seconded by Councilman William D. Moore and duly put to a vote on roll call, which resulted as follows: Councilman William D. Moore AYES: Councilman John M. Romanelli Councilman Brian G. Murphy Justice Louisa p. Evans Councilwoman Alice J. Hussie Supervisor Jean W. Cochran NOES: None The resolution was declared adopted. 325274.1 001098 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, duly called and held on August 3, 1999 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 this 3rd day of August. 1999 (SEAL) ~ T'own Clerk{ 325274.1 001098 RES NOTICE A regular meeting o f 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, in said Town, on the 22nd day of December, 1998. PRESENT: Hon. Jean W. Cochran, Supervisor William D. Moore, Councilperson Louisa Evans, Justice Alice Hussie, Councilperson Brian D. Murphy, Councilperson John M. Romanelli, Councilperson In the Matter of the Increase and improvements of Facilities of the Southold Solid Waste Management District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-B of the Town Law. ORDER CALLING PUBLIC HEARING TO BE HELD ON JANUARY 19, 1999 WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town," respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has deter- mined to increase and improve the facilities of the Disu%t, by the purchase of (i), at the esti- mated maximum cost of $132,000, one used, 25 ton ca- dPacity, articulating, off-road ump truck for use in hauling sand, dirt, leaves, brush, land clearing debris and mulch to and from processing and staging ar- eas at the Southold Landfill, in Cutchogue, in the District, and (ii), at the esUmated maximum cost of $30,000 (including the estimated cost of $9,500 tbr sewer and electrical hookups), one new office trailer approxi- mately twelve (12) feet by sixty- four (64) feet. to include three (3) offices and a restroom faciI- ity, tbr use as a central office and break room for all employees at the said Landfill, the estimated total cost thereof, including pre- liminary costs and costs inciden- tal thereto and the financing thereof in the sum of $8,000, being the amount of $170,000~ and WHEREAS, the Town Board has givgn due consideration to the impa~t that thepurchase of said dump truck and said trailer for use at said Southold Land- fill may have on the environ- ment and oh the basis of such consideration, the Town Board has found that no substantial ad- verse environmental impact will be caused thereby; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Rosd,' Sou~hold, New York, in the'Towh, on the 19th day of January~ 1999 at 5:00 o'aoclt P.M. (Pfeval~lmI~lme) to consider said increase anft im- provement of facilities at the as- timated total coit of $170~000, including preliminary costs and costs incidental ~ereto and to the financing thereof in the amonfii of $8,000, and to hear all persons Interested in the sub- ject thereofcon~minl~ the same and for such other action on the ~.t of the Town Board with re. by law; and be it, FURTHER ORDERED, that . the Tovnt Clerk publish at least once in the "TRAVELER WATCHMAN," a newspaper ~r~r,,hlished in Southold, New and hereby designated as the official newspaper of the Town for such publication, and post on the sig~. board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: Dece~ffaer 22,. i998 TOW~ BOi~RD OF THE TOWN OF~OUTHOLD Jm W~,Cochran, -Supervisor :. Willi~m.D. Moore, Councilperson Louisa Evans, Justice Alice Hussi~,~ Councilpers on ~D. Mu~ay, Councilpersun John M. Romanelli, Cooncilperson · Members of the Town Board of the Town of Sonthold, New York COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ........................................................ Z ............ weeks successively, c,o/~mencing on the .................... day of-::.;7...~..~ ................. ,19.....~.? Sworn to before me this......./....~.. .............. day of Notary Public BARBARA A. $CkiIEIDER NOTARY PUBUC, State d New York No. 4806~,~ Qualified in Suff~L C~1/ Commkq, sion bpire: ~O · O STATE OF NEW YORK) COUNTY OF SUFFOLK):SS I, ELIZABETH A. NEVILLE, Town Clerk of the.'Town of fSoOUthold, in the Coanty of Suf- lk, New York, DO HEREBY CERTIFY'that I have compared the preceding Order Calling Public Hearing with the original thereof filed in my. office on the 22nd day of December, 1998, and that the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town on this 22nd day of De- cember, 1998 Elizabeth A. Neville Town Clerk 1X-1/7/99(18) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VIT.kL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING ADOPTED BY THE SOUTHOLD TOWN BOARD AT A HELD ON DECEMBER 22. 1998: RESOLUTION WAS REGULAR MEETING In the Matter of the Increase and Improvements of Facilities of the Southold Solid Waste Management District, in : the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-B of the : Town Law. : ORDER CALLING PUBLIC HEARING TO BE HELD ON JANUARY 19, 1999 WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, heretofore established and now existing in the Town (herein called "District"), has determined to increase and improve the facilities of the District, by the purchase of (i), at the estimated maximum cost of $132,000, one used, 25 ton capacity, articulating, off-road dump truck for use in hauling sand, dirt, leaves, brush, landelearing debris and mulch to and from processing and staging areas at the Southold Landfill, in Cutehogue, in the District, and (ii), at the estimated maximum cost of $30,000 (including the estimated cost of $9,500 for sewer and electrical hookups), one new office trailer approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a restroom facility, for use as a central office and break room for all employees at the said Landfill, the estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof in the sum of $8,000, being the amount of $170,000; and WHEREAS, the Town Board has given due consideration to the impact that the purchase of said dump truck and said trailer for use at said Southold Landfill may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 19a day of January, 1999 at 5:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities at the estimated total cost of $170,000, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $8,000, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the "TRAVELER WATCHMAN," a newspaper published in Southold, New York, and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: December 22, 1998 TOW~O_AR~ OF THE TOWN OF SOUTHOLD Southold Town Clerk December 22. 1998