HomeMy WebLinkAboutSol Waste Mgmt dist-Scale House.~._ _~0, and niter a public hearing
choy oalled-~d_hdd, the Town
-~ of ~ ~ ~ by
~ ~ ~ ~r After
~ ~ du~ ~p~ed on
~r I~ 1~, ~ it ~ in the
~ ~.~ ~ ~d ia-
=inotq~Mmd ~ il~ at the esti-
. mm,~ to~a~ oof of _-~nO.O00: and
r~___ J~ d~..mno~at, of
~O~g~m~e esUmated
imm~se and tmlm=mmment of facili.
.tmmn;m~ d~p_,_ _ap_ ~nd (ii) acqul-
~ ~ vs~mm ~ tot the
l~Mldnl at the eminmted nm~dmum
JnOM orr $1~t)_~30__, ~ to~d omi there.
~M BO~ M elmeed $2.10000 and
o~kwed meh in~t~me in co~t, the
preparation by the Engineer re-
tained by the Town of Southold
specifications, estimates of cost and,
with the assistance of the Town
Attorney, a proposed amended con-
tract and further ordered the financ-
ing 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
$210.0~0 for the increase and im-
provement of facilities of the
District consisting of (il construc-
tion of a new scale house at the es-
timated maximum cost of $50,000
and, (ii) acquisition of various
equipment at the estimated maxi-
mum cost of $160,000. heretofore
authorized pursuant to the
Resolution and Order After Public
Hearing referred to in the Recital
hereoL The estimated total cost of
said specific objects or purposes,
including preliminary costs and
costs incidental thereto and the fi-
nancing thereof, is $210,000. The
plan of financing includes the is-
suance 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, Wilh-
out limitation as to rate or amount,
~ufficient to pay the principal of and
mterest 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, constitut-
ing Chapter 33-a of the
Consolidated Laws of the State of
New York (herein called "Law"). to
finance, said appropriation.
Section 3. The following addi-
tional matters are hereby deter-
mined and declared:
(al It is hereby determined that
the period of probable usefulness of
the specific object or purpose for
which (il $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
$2 I0,0~0 serial bonds are authorized
to be issued, 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 antiei-
pafion of said bonds may be applied
to reimburse the Town for expendi-
tures made after the effective date
of this resolution for the purpose for
which said bonds ~e 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.
(el The Town Board has duly
considered and reviewed all appli-
cable federal, state and local laws
and regulations regarding envi-
· ronmental matters, including com-
pliance with the New York State
environmental Quality Review Act,
comprising Article 8 of the
Environmental Colaservafiol~ Law
as related to the impact that the
increase and improvement of facil-
ities for the District may have on the
environment and, on the basis of
such consideration and review, lhe
Town Board has determined that no
substantial adverse environmental
impact will be caused thereby.
Section 4. Each of the bonds au-
thorized by this resolution and any
bond anticipation notes issued in
anticipation of said bonds shall con-
tain thc recital of validity prescribed
by Section 52.00 of the Law and said
bonds, and any notes issued in antic-
ipation 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 eredll 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 (al
· 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 yeac
Section 5. Subject to the provi-
· sions 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.~0 relative to the autho-
rization 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 pre-
scribing their terms, form and con-
tents and as to the sale and issuance
of the bonds herein authorized, and -
any other bonds heretofore or here-
afler authorized, and of any bond
anticipation notes issued in anticipa-
tion 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 an-
ticipation of said bonds, may be con-
tested only if:
(al such obligations are an-
tborized for an object or purpose
for which the Town is not autho-
rized to expend money, or
(b) the provisions of law which
should be complied with at the
date of the publication of such
resolution, are not substantially
complied with,
and an action, suit or proceeding
contesting such validity, is com-
menced within twenty days after the
date of such publication, or
(c) such obligations are au-
thorized in violations of the pro-
visions 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 lia-
bilities incurred, obligations issued,
or action taken pursuant to said
bond reaolntinn, and all such liabili-
ties 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 hnmediately.
1808-1TAu12
_of Mattituck, in said
~, says that he/she is
SUFFOLK TIMES, a
shed at Mattituck, in
;ounty of Suffolk and
tat the Notice of which
copy, has been regu-
%wspaper once each
weeks ~e~cessively'
~ {c~ day
·
J Principal Clerk
_19~
A'.'F~Y {)l;d'L~
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, Coun¢ilperson
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 R~
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.[ 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 001098 RES
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 RES
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
Su~erviso~r
v ~- W~I'li'a~ D. Moore
Councilperson
Justice
el ~ohn M. Romanelli
Councilperson
M ~rs of the Town Board of the Town of
Southold, New York
325274.1 O0 I098
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)
Town Clerk- - ~
325274.1 00i098 RES
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
Southold, in the County of Suffolk, New York, was held at the
Town Hall, 53095 Main Road, Southold, New York, in said Town,
August 3, 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,
Gregory F. Yakaboski,
*
Town Clerk
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
325274.1 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 RF~S
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.
by
On motion of
Councilman
William D. Moore
Justice Louisa P. Evans , duly seconded
, 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
325274.1 00Z098 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 00L098 RES
public hearing duly calle~ 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 001G98 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 RF~
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 001098 RES
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.! 001098 RES
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
~. Coehran
v ~ WiT~l~'m D. Moore ~
Councilperson
Justice
/'A,I'ice.~e~
Roma~elli
Councilperson
Me
Southold,
ers of the Town Board of the Town of
New York
325274.1 001098 RES
Justice Louisa P. Evans
and moved its adoption:
offered the following resolution
325274.1 001098 RES
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 3, 1999, AMENDING THE BOND
RESOLUTION ADOPTED NOVEMBER 12, 1997.
WHEREAS,
County of Suffolk,
the Town Board of the Town of Southold, in the
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:
325274.1 001098 RES
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, appropriating 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 RES
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 finance said appropriation.
Section 3. The following additional matters are hereby
determined and declared:
(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 $ 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 RF~
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 RES
(a) such obligations are authorized for an object or
purpose for which the Town is not authorized to expend
money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution, are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such publication,
or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Section 7.
immediately.
This resolution shall take effect
Section (B)
forth in Section A of
The amendment of the bond resolution set
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.] 001098 RES
The adoption of the foregoing resolution was seconded
Councilman
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 001098 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 Southokd, 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:
AYES: Councilman William D. Moore
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. I 001098 R~
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 tile corporate seal of said
Town this ~rd day of August, 1999
(SEAL)
own Clerk~ -
325274.1 001098 RES
total
r(i) the
STATE OF NEW YORK)
)SS:
CO.UNTY OF_ SUFFOLK)
kJ F, 0tJ I I of Matmuck, in smd
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weekly newspaper, published at Mattituck, in
· -~.,. ~..,. ;; ,,,:. .~;i-~.i~.~.a..~.~,:! the Town of Southold, County of Suffolk and
_r_~.,~ ~~ _. State of New York, and that the Notice of which
~va~ ~,~,i..il. ...~ _ : . ... ,' the annexed is a printed copy, has been regu-
~ov.~s~l~l~'~.G,~ ~ "~~ larly publishe~l in said Newspaper once each
~~,'I~.'...~.. '~;~,~,,__"n~ week for / weeks successively,
'r:i~c~~ ','i"ta~mp~vOl~t' ) commepcipg on th.e. [~ day
~.~ [~'~C~Av .or ,..;-..,.~
~..:~1~_'~,_~ s~t.'~ ~ /l-Principal Clerk
Sworn to before me this o2/
~,~i~ ~~Y~ dayof _~x---~ - ~
/-.,~,:~ ~.,~ ,~ ~'~, NOTARY PUBLIC, STATE OF NEW YORK
NO. 52-4655242, SUFFOLK COUNTY
~', (-"/ COMMISSION EXPIRES AUGUST 3Z, i9 ~"~'
ELIZABETH A. NEVILLE
TOWN CLERK
REG[STPu~R OF VITAL STATISTICS
I~L~RRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INEORMATION OFFICE[{
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON JULY 6, 1999:
WHEREAS, the Town Board of the Town of Southolfl (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, 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
WHEREAS. after a public hearing duly called and held on
November 12, 1997, the Town Board of the Town determined pursuant
to 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 interest of said Town to
increase the total appropriation therefor by said amount of
$10,000, from $200,000 to $210,000; and
WHEREAS, said $210,000 total estimated cost shall
consist of (i) the construction of a new scale house at the
estimated maximum cost of $50,000, such additional amount to be
paid by the expenditure of $10,000 from available funds of the
District, and (ii) acquisition of various equipment at the
estimated maximum cost of $160,000;
Now, therefore, be it
ORDERED, that a meeting of the Town Board of the Town
be held at the Town Hall, 53095 Main Road, Southold, New York, in
the Town, on the ~_~_d day of Au~u$~ 1999 at 5:00 o'clock P.M.
(Prevailing Time) to consider said increased cost to the increase
and improvement of facilities 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 SUFFOLK TIMES," a newspaper 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: July 6, 1999
TOWN BOARD OF THE TOWN OF SOUTHOLD
Southold Town Clerk
July 6. 1999
STATE OF NEW YORK )
:SS:
COUNTY OF SUFFOLK )
ELIZABETH A. NEVILLE, being duly sworn upon her oath
deposes and says:
That she is and at all the times hereinafter mentioned
she was the duly elected, qualified and acting Town Clerk of the
Town of Southold, in the County of Suffolk, New York; that on the
7th day of __j~[~, 1999, she caused to be conspicuously posted
and fastened up a certified copy of the Order Calling Further
Public Hearing to be held on August 3, , 1999, a true copy of
which is annexed hereto and made a part hereof, on the sign board
of said Town maintained pursuant to Section 30, subdivision 6, of
the Town Law.
Subscribed and sworn to before me
this 7th day of 3u1¥ , 1999.
Not~ ~ubli~, State of New York
JOYCE M. WILKINS
Notary Publir,, State of New Yo~
No. 4952246, Suffolk County
Te;m Expires June 12,
T6wn Clerk
323057.1 001098 RES