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HomeMy WebLinkAboutNYS Spill # 85-1219 Settlement of Claim LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lorLmontefusco@town.southold.ny.us . JOSHUA Y. HORTON Supervisor PATRICIA A. FINNEGAN . TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box II 79 Southold, New York II971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 1 , 2004 Frank A. Isler, Esq. Smith, Finkelstein, Lundberg, Isler and Yakaboski, LLP 456 Griffing Avenue, P.O. Box 389 Riverhead, NY 11901-0203 RE: State of New York v. Town of Southold (Ray's Peconic) Dear Frank: I am enclosing two original Settlement Agreements which have been signed by the Supervisor in connection with the referenced action. I have included the certified resolution at Exhibit A in both original documents. I would appreciate your sending us a fully executed Agreement upon your receipt of same. Thank you for your assistance. v p. tricia A. Finn Town Attorney PAF/lk Enclosures cc: Members of the Town Board (w/encl.) Elizabeth Neville, Town Clerk (w/encl.) . . SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into and made by and between the Town of South old ("Southold") and the State of New York ("State"). WHEREAS, the State has expended cleanup and removal costs associated with a petroleum discharge ("Discharge") at and in the vicinity ofPeconic Lane and Main Road, Town of South old, County of Suffolk, State of New York (the "Spill Site"); and WHEREAS, the Discharge was reported to the State on or about July 2, 1985 and was administratively designated by the State as Spill Number 85-1219 and PIN 97028; and WHEREAS, pursuant to Article 12 of the New Y orkNavigation Law, the State is authorized to recover from a responsible party, and the insurer thereof, all cleanup and removal costs, interest thereon, and applicable penalties, associated with the Discharge; and / , WHEREAS, the State has alleged that Southold is responsible, in whole or in part, for the ! Discharge, and has further alleged that Southold is liable to the State for the monies expended to clean up, remediate, and remove contamination from the Spill Site, and for interest thereon and applicable penalties; and WHEREAS, the State commenced an action on or about May 14, 1991 against Southold in Albany County Supreme Court to recover the aforementioned cleanup and removal costs and for assessment of mandatory statutory penalties and on August 30, 2001 the trial of this action was moved to Suffolk County Supreme Court; and WHEREAS, based upon facts and circumstances now known to the Department of Environmental Conservation ("DEC"), the DEC is not requiring any further cleanup and removal activities at the Spill Site and has removed this spill file from its active spill list; and . . WHEREAS, it is the parties' intent to resolve the matter amicably and in accordance with the terms of this Agreement and by the execution hereof; and WHEREAS, by Resolution (annexed hereto as Exhibit A), Joshua Y. Horton, supervisor of the Town of South old, was granted authority by the Southold Town Board to enter this Agreement on behalf of the Town of Southold; NOW THEREFORE, upon payment in full ofthe consideration set forth herein, the parties do hereby agree as follows: 1. Southold shall pay to the State the amount of $818,630.10, lawful money of the United States. 2. Payment of$818,630.1 0 shall be made as follows: $158,630.10 paid within 90 days of the date of full and complete execution of this Agreement and three separate payments of $220,000.00 each, payable on November 1, 2004, July 1, 2005 and July 1, 2006. Payments shall be made by attorney check, corpor~!e or certified check, or bank draft, which shall be made payable to the "Comptroller, State of New York", and shall bear reference to Spill Number 85-1219 and PIN 97028 and shall be delivered to the attention of Jennifer M. Dentinger, State of New York, Office of the Attorney General, Civil Recoveries Bureau, The Capitol, Albany, New York 12224. 3. In consideration of the payment of$818,630.10, the State shall provide a release as reflected in the form annexed hereto as Exhibit B. 4. Upon execution ofthis Agreement, the attorneys for the parties herein shall execute and the State shall file a stipulation discontinuing the State's action against Southold. 5. In the event that Southold defaults or fails to timely and properly make payment as set forth in paragraph 2 above, the State shall provide Southold a written default notice, by certified 2 . . mail, return receipt requested, within five (5) days of such default, and upon the failure of South old to cure such default within thirty (30) days of receipt of such notice, the State may enter judgment without notice against Southold for the sum of$818,630.10, plus interest accrued at the rate of nine percent (9%) per annum from the date each cost was paid by the State, less any payments made by Southold. The State shall send the default notice to the following addresses: I. Town Supervisor Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971 2. Town Comptroller Town of Southold Feather Hill, Building 10 620 Traveler Street P.O. Box 1179 Southold, New York 11971 3. Frank A. Isler, Esq. Special Counsel 456 Griffing Avenue P.O. Box 389 Riverhead, New York 11901 6. Southold hereby expressly agrees that this Agreement does not relate to or encompass any legal or equitable rights, claims, actions, proceedings, suits, causes of action, liabilities or demands which the State may have against Southold or its successors and assigns, with respect to any matters not addressed in this Agreement or in the litigation being settled herein. 7. Nothing contained in this Agreement shall be construed as barring, diminishing, adjudicating or in any way affecting any legal or equitable rights, claims, actions, proceedings, suits, causes of action, liabilities or demands whatsoever that the State may have against anyone other than 3 . . Southold or its successors and assigns, arising out of or in connection with the Discharge administratively designated as Spill Number 85-1219 and PIN 97028. However, in the event the State does recover money from anyone other than Southold as reimbursement for the State's costs to complete the cleanup and removal associated with Spill 85-0219 and PIN 97028, the State shall reimburse Southold for that portion of the cleanup and removal costs paid by such third party(ies). 8. This Agreement shall inure to the benefit of and be binding upon the parties, its predecessors, successors and assigns. 9. Based upon facts and circumstances now known to the DEC, the DEC is not requiring any further cleanup and removal activities at the Spill Site and has removed this spill file from its active spill list, however, this Agreement, and the release contemplated by this Agreement, do not relate to or encompass any legal or equitable rights or claims which the State may have with respect to any contamination not known to DEC at the time this Agreement was executed. 10. This Agreement represents the full and complete understanding and agreement between the parties with respect to the matter of the State's claims for past cleanup and removal costs expended by the State, interest thereon, applicable penalties, and the Stipulation, which relate to the remediation of contamination resulting from the Discharge at the Spill Site, administratively designated as Spill Number 85-1219 and PIN 97028, and may not be amended or modified except by writing signed by each party herein. 4 . . Settlement Agreement by and between the Town of South old and the State of New York Index No. lA36-92 Spill No. 85-01219 Dated: September.:i I> , 2004 State of New York ) ) ss.: Countyof 5lA..ffd.~) Joshua Y. Horton Supervisor, Town of Southold On the .30 #t day of S4.fli. ,2004, before me, the undersigned, a Notary Public in and for said state, personally appeared..1o.sH"" \I J1I>Lr()'-', personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument. ~~;~L~o~0 UNDAJ. COOPER NOTARY PUBUC, Stata of New York No. 4822563, Suffolk COUrtlY Term Expire.,.ll"c 31 ..cog Dated: September , 2004 ELIOT SPITZER Attorney General of the State of New York By: Jennifer M. Dentinger Assistant Attorney General Office of the Attorney General The Capital Albany, New York 12224 (518) 474-6207 Printed on Recycled Paper 5 . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 661 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 7, 2004: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. i / 1436-92); RELATING TO SPILL NUMBER 85-1219; STATIN<:y THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING PRELIMINARY COSTS, LEGAL COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF IN THE AMOUNT OF $6,369.90, IS $825,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of South old, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to pay the amount of$818,630.10, to settle the claim of the State of New York in the matter entitled the "State of New York v. Town of Southold", pending in the Supreme Court of the State of New York, Suffolk County (Index No. L436-92) relating to Spill Number 85-1219. The estimated maximum cost thereof, including .' . preliminary costs, legal costs and costs incidental thereto and the financing thereof in the amount of$6,369.90, is $825,000 and the said amount of$825,000 is hereby appropriated therefor. The plan offmancing includes the issuance of $825,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $825,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws ofthe State of New York (herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to of the specific object or purpose described in Section 1 hereof f(lr which said serial bonds authorized pursuant to / this resolution are to be iSSUj/within the limitations of Section 11.00 a. 33.(a) of the Law, is hereby determir.cd to be 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 proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in . . anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of 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 the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any 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 issj!ed in anticipation of the sale of said bonds may be contested only if: /(a) such obligations are authorized for an object or purpose for which the Town is not .authorized to expend money, or I , (b) . the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution in substantially the form prescribed by Exhibit "A" hereto, together with a Notice in substantially the form prescribed by Section 81.00 of the Law, in "The Suffolk Times," a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. * * * " . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. L436-92); RELATING TO SPILL NUMBER 85-1219; STATING THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING PRELIMINARY COSTS, LEGAL COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF IN THE AMOUNT OF $6,369.90, IS $825,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: Payment of the amount of$818,630.10 to settle the claim of the State of New York in the matter entitled the "State of New York v. Town of South old", pending in the Supreme Court of the State of New York, Suffolk County (Index No. L436-92) relating to Spill No. 85-1219. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of$6,369.90, is $825,000 and the said amount is hereby appropriated therefor. Amount of obligations to be issued: $825,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, 53095 Main Road, Southold, New York. Dated: September 7,2004 Southold, New York Pg~.lIfQ~. :11-. Elizabeth A. Neville Southold Town Clerk . RELEASE . FOR THE CONSIDERATION OF EIGHT HUNDRED EIGHTEEN THOUSAND DOLLARS SIX HUNDRED THIRTY DOLLARS AND TEN CENTS ($818,630.10) lawful money of the United States, paid to the State of New York (the "State") by the Town of Southold, and upon receipt and collection thereof, the State of New York, acting by and through its Attorney General by Jennifer M. Dentinger, Assistant Attorney General, does hereby release, acquit and forever discharge the Town of Southold from any liability to the State of New York for all cleanup and removal costs expended by the New York Enviromnental Protection and Spill Compensation Fund, as of the date of this release, and all interest accrued thereon and any penalties pursuant to Ne~v ati 92, ~ fo'tlJdi\charge of petroleum productatandinthevicUc 'c ~ TO~Southold,countYOf Suffolk, State of New York (the "Spill Site"); which discharge was initially reported to the State of New York on or about July 2,1985, and administratively designated by the State of New York as Spill Number 85-1219 and PIN 97028. This Release shall not release the Town of South old from any ongoing obligations pursuant to the Settlement Agreement executed by and between the State of New York and the Town of South old on June _' 2004. Dated: Albany, New York ,2004 ELIOT SPITZER Attorney General of the State of New York Attorney for Plaintiff By: Jennifer M. Dentinger Assistant Attorney General State of New York Office of the Attorney General The Capitol Albany, New York 12224 (518)474-6207 PRINTED ON RECYCLED PAPER #7115 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, 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 regularly published in said Newspaper once each week for 1 weeks, commencing on the 16th day of September , 2004. -P-~ ~a/~-G/ Principal Clerk Sworn to before me this 2004 I day of o ILl t lr-tL~ /'0 '1/11()/--"J A It,,/ / /11 />// U dhlIJnrfA'%UrfsIdlA/ fc-/d.'v( NOTARY PUBLIC-STATE OF NEW YORK No.Ol-Y06105050 Quollfled In Suffolk County Commlaalon Expire. Februarv 28, 2008 LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 7th day of September, 2004, and the validity of the obligations authorized by such resolution may be hereafter con- tested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of f\rrKVrKlfUIUI'i. Object or purpose: Payment of the amount of $818,630.10 to settle the claim of the State of New York in the matter entitled the "State of New York v. Town of Southold", pending in the Supreme Court of the State of New York, Suffolk County (Index No. L436- 92) relating to Spill No. 85-1219. The estimated maximum cost of said specif- ic object or purpose, including prelimi- nary costs and costs incidental thereto and to the financing thereof in the amount of $6,369.90, is $825.000 and the said amount is hereby appropriated therefor. Amount of obligations to be issued: $825,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized ahove shall be available for public inspection during normal business hours at the office of the Town Clerk, 53095 Main Road. Southold, New York. Dated: Septemher 7, 2004- Southold, New York 7115-1T91l6 . . Page I of I JOAN ANN From: To: "Bohn, Lynda" <Lynda.Bohn@town.southold.ny.us> "Suffolk Times Legal Notices (E-mail)..<jaweber@timesreview.com>; "Times Jane Starwood Suffolk (E-mail)..<jstarwood@timesreview.com> Thursday, September 23, 2004 8:55 AM Cluster Dev.doc; 2001 2004 Comm Dev Block Grant Budget.doc; 2004 Used items.doc For Publication 9/30 Sent: Attach: Subject: <<Cluster Dev.doc>> <<2001 2004 Comm Dev Block Grant Budget.doc>> <<2004 Used Items.doc>> NOTE: Please publish the "Used Items" twice, 9/30 & 10/7. Also the Comm Devone will need two (2) affidavits. Could I also get two (2) more affidavits of Publication for the Legal Notice for the Bond that was published 9/16 the # on the bottom is 7115-1T 9/16. thank-you. 9/23/04 . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town HaIl, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 2004 Town of Southold, New York $825,000 Serial Bonds for the Settlement of Claim of the State of New York Our File Desil!l1ation: (2615/027041) Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Enclosed find an original affidavit of Publication of the Legal Notice that appeared in the September 16,2004 edition of the Suffolk Times. If there is anything else you require for your files, please contact me at the Town Clerk's office. Very truly yours, cA~. Y\\~ Lynda M Bohn Deputy Town Clerk Enc Cc: John Cushman, comptroller #7115 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) . . Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, 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 regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 16th day of September ,2004. Sworn to before me this 2004 ~L^'^Ld V~ LA! V W.J1 C~NA VOLlNSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V061 05050 Qualified In Suffolk County Commission expire. February 28. 2008 jJ4'd~~ ~c::/A-tf~~ -' Principal Clerk (i dayof ~~ .- /' LEGAL NOTICE . The. resolution, a. summary of which 18 published herewith, has been adopted 00 the 7th day of September, 2004 and the validity of the obligations authorized by such resolution may be hereafter con- tested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTIlOLD, in the County of Suffolk, New York, is not auth~ to expend money or if the provISIons of law which should have been complied with as of the date of publication of this Notice were not sub- snmtially complied with and an action ~uit ,or proceeding contesting such valid~ Ity IS commenced within twenty days after the publication of this Notice or such obligations were authorized in ~io. latioo of the provisions of the constitu- tion. ELIZABETII A. NEVILLE Town aerie BOND RESOLUTION OF THE TOWN OF SOUTIlOW, NEW YORK, ADOPTED SEPTEMBER 7, 2004, AUTIlORlZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTIlOW" (INDEX NO. 1A36-92); RELATING TO SPILL NUMBER 85- 1219; STATING THE ESTIMATED MAXIMUM COST THEREOF, TNCLUDING PREUMlNARY COSTS, LEGAL COSTS AND COSTS INCI- DENTAL THERETO AND THE FINANCING THEREOF IN TIlE AMOUNT OF $6.369.90, IS $825,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTIlORIZTNG THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: Payment of the amount of $818,630.10 to settle the claim of the State of New York in the matter entitled the "State of New York: v. Town of Southold". pending in the Supreme Court of the State of New York. Suffolk County (Index No. IA36- 92) relating to Spill No. 85-1219. The estimated maximum cost of said specif- ic object or purpose, including prelimi- nary costs and costs incidental thereto and to the fmancing thereof in the amount of $6,369.90, is $825,000 and the said amount is hereby appropriated therefor. Amount of obligations to be issued: $825,000 Period of probable usefulness: five I (5) years .. A complete copy of the Bond I Resolution summarized above shall be I available for public inspection during normal business hours at the office of I the Town Clerk, 53095 Main Road, Southald, New York. Dated: September 7. 2004 Southold. New York 7115-1T9116 . . DELAFIELD & WOOD LLP PHONE (212) 820-9300 FAX (212) 514-8425 67 WALL STREET NEW YORK, NY 10005 WWW.HDW.COM NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Writer's direct contact: Phone 212-820-9416 Fax: 212-820-9603 E-mail: gfernandez@hdw.com September 16, 2004 Town of South old, New York $825,000 Serial Bonds for the Settlement of Claim ofthc State of New York Our File Designation: (2615/027041) Ms Lynda M. Bohn Southold Deputy Town Clerk Town Hall P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Thank you for your letter dated September 10'". The certified copy of the minutes of the September 7[h Town Board Meeting showing adoption of the Bond Resolution authorizing the above Bonds has been included in our records. I shall await receipt of the Affidavit of Publication. With kind regards, I remain t GFJr./:dfg 459819.1027041 LTR . . ELIZABETH A. NEVll..LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 10, 2004 Town of Southold, New York $825,000 Serial Bonds for the Settlement of Claim of the State of New York Our File Designation: (26151027041) Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Enclosed fmd an original copy ofthe Extract of Minutes, as well as a certified resolution adopting the above referenced bond and a copy of the publication that will appear in the September 16, 2004 edition of the Suffolk Times. I will forward an original affidavit of publication when received from the Suffolk Times. If there is anything else you require for yoU! files, please contact me at the Town Clerk's office. J:;:;: ~D Lynda M Bohn Deputy Town Clerk Enc Cc: John Cushman, comptroller . . . EXTRACT OF MINUTES Meeting of the Town Board ofthe Town of South old, in the County of Suffolk, New York September 7, 2004 * * * 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, on September 7,2004 at 7:30 o'clock P.M. (prevailing Time). There were present: Hon. Joshua Y. Horton, Supervisor; and Board Members: Justice Louisa P. Evans Councilman William P. Edwards Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman John M. Romanelli There were absent: None Also present: Elizabeth A. Neville, Town Clerk Patricia Finnegan, Town Attorney * * * Councihnan William P. Edwards offered the following resolution and moved its adoption: . . BOND RESOLUTION OF THE TOWN OF SOUTH OLD, NEW YORK, ADOPTED SEPTEMBER 7,2004, AUTHORIZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLA1l\1 OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. L436-92); RELATING TO SPILL NUMBER 85-1219; STATING THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING PRELIMINARY COSTS, LEGAL COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF IN THE AMOUNT OF $6,369.90, IS $825,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. Section 1. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to pay the amount of $818,630.10, to settle the claim of the State of New York in the matter entitled the "State of New York v. Town of Southold", pending in the Supreme Court of the State of New York, Suffolk County (Index No. L436-92) relating to Spill Number 85-1219. The estimated maximum cost thereof, including preliminary costs, legal costs and costs incidental thereto and the financing thereof in the amount of $6,369.90, is $825,000 and the said amount of $825,000 is hereby appropriated therefor. The . . . plan of financing includes the issuance of $825,000 bonds of the Town to finance said appropriation, and the levy and collection oftaxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $825,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to of the specific object or purpose described in Section I hereof for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 33.(a) of the Law, is hereby determined to be 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 proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of . . validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of 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 the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any 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 the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or . . .' (b) the provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or ( c) such obligations are authorized m violation of the provIsIons of the constitution, Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution in substantially the form prescribed by Exhibit "A" hereto in substantially the form prescribed by Exhibit "A" hereto, together with a Notice in substantially the form prescribed by Section 81.00 of the Law, in ''The Suffolk Times," a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. * * * . . EXHIBIT "A" " BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. L436-92); RELATING TO SPILL NUMBER 85-1219; STATING THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING PRELIMINARY COSTS, LEGAL COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF IN THE AMOUNT OF $6,369.90, IS $825,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: Payment of the amount of $818,630.10 to settle the claim of the State of New York in the matter entitled the "State of New York v. Town of South old", pending in the Supreme Court of the State of New York, Suffolk County (Index No. L436-92) relating to Spill No. 85-1219. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of $6,369.90, is $825,000 and the said amount is hereby appropriated therefor. Amount of obligations to be issued: $825,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, 53095 Main Road, Southold, New York. Dated: September 7,2004 Southold, New York . . The adoption of the foregoing resolution was seconded by Councilman Jolm M. RomanelJi and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Joshua Y. Horton, Supervisor Justice LouisaP. Evans Councilman WilJiam P. Edwards Councilman Thomas H. Wickham Councilman John M. Romanelli NOES: Councilman Daniel C. Ross The resolution was declared adopted. ******** . . CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes ofa meeting of the Town Board of said Town of South old duly called and held on September 7,2004, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of South old this 9th day (SEAL) of September, 2004. ~_h~O. ~:;/M. Town lerk . . LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 7th day of September, 2004, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation ofthe provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. L436-92); RELATING TO SPILL NUMBER 85-1219; STATING THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING PRELIMINARY COSTS, LEGAL COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF IN THE AMOUNT OF $6,369.90, IS $825,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: Payment of the amount of$818,630.1O to settle the claim ofthe State of New York in the matter entitled the "State of New York v. Town of Southoid", pending in the Supreme Court ofthe State of New York, Suffolk County (Index No. L436-92) relating to Spill No. 85-1219. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of$6,369.90, is $825,000 and the said amount is hereby appropriated therefor. . . Amount of obligations to be issued: $825,000 Period of probable usefulness: five (5) years A complete copy ofthe Bond Resolution sununarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, 53095 Main Road, Southold, New York. Dated: September 7, 2004 Southold, New York PLEASE PUBLISH ON SEPTEMBER 16, 2004, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: Suffolk Times Town Board Members Town Attorney John Cuslunan, Comptroller l? L P 11 .Ll~ Hawkins, Delafield & Wood Town Clerk Bulletin Board . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk ofthe Town of Southold, New York being duly sworn, says that on the ~ day of ~. r&= D'D' 2004, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New Yark, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Bond for Settlement Claim rn~hD40p..~/,t. lzabeth A. Neville Southold Town Clerk Sworn before m:1s '\ day of. "'f~' 2004. ~(~.fJ. YV)O~ otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01806020932 Qualified In Suffolk Cou~ Term Expires March 8, 20m . . -\\~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box I179 Southold, New York I1971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 661 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 7, 2004: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. L436-92); RELATING TO SPILL NUMBER 85-1219; STATING THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING PRELIMINARY COSTS, LEGAL COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF IN THE AMOUNT OF $6,369.90, IS $825,000; APPROPRlATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRlATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOL YES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section I. The Town of Southold, in the County of Suffolk, New York (herein called "Town"), is hereby authorized to pay the amount of $818,630.1 0, to settle the claim of the State of New York in the matter entitled the "State of New York v. Town of Southold", pending in the Supreme Court of the State of New York, Suffolk County (Index No. L436-92) relating to Spill Number 85-1219. The estimated maximum cost thereof, including . . preliminary costs, legal costs and costs incidental thereto and the financing thereof in the amount of $6,369.90, is $825,000 and the said amount of$825,000 is hereby appropriated therefor. The plan of financing includes the issuance of$825,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of$825,000 are hereby authorized to be issued pursuant to the provisions ofthe Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance the said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to of the specific object or purpose described in Section 1 hereof for which said serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 33.(a) of the Law, is hereby determined to be 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 ofthe United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in . . anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of 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 the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any 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 the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions oflaw 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 ofthe provisions ofthe constitution. Section 7. This bond resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution in substantially the form prescribed by Exhibit "A" hereto, together with a Notice in substantially the form prescribed by Section 81.00 ofthe Law, in "The Suffolk Times," a newspaper published in Mattituck, New York, having a general circulation in the Town and hereby designated the official newspaper of the Town for such publication. * * * . . BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 7, 2004, AUTHORIZING THE PAYMENT OF $818,630.10 TO SETTLE THE CLAIM OF THE STATE OF NEW YORK IN THE MATTER OF THE "STATE OF NEW YORK v. TOWN OF SOUTHOLD" (INDEX NO. L436-92); RELATING TO SPILL NUMBER 85-1219; STATING THE ESTIMATED MAXIMUM COST THEREOF, INCLUDING PRELIMINARY COSTS, LEGAL COSTS AND COSTS INCIDENTAL THERETO AND THE FINANCING THEREOF IN THE AMOUNT OF $6,369.90, IS $825,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $825,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: Payment of the amount of$818,630.10 to settle the claim of the State of New York in the matter entitled the "State of New York v. Town of South old", pending in the Supreme Court of the State of New York, Suffolk County (Index No. L436-92) relating to Spill No. 85-1219. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof in the amount of$6,369.90, is $825,000 and the said amount is hereby appropriated therefor. Amount of obligations to be issued: $825,000 Period of probable usefulness: five (5) years A complete copy ofthe Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, 53095 Main Road, Southold, New York. Dated: September 7, 2004 Southold, New York P!~a~....t'.l.. Elizabeth A. Neville Southold Town Clerk . . DELAFIELD & WOOD LLP PHONE (212) 820-9300 FAX (212) 514-8425 67 WALL STREET NEW YORK, NY 10005 WWIN.HDW.COM NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Telephone: Facsimile: e-mail address: 212-820-9416 212-820-9603 gfernandez@hawkins.com August 27, 2004 Town of Southold, New York $825,000 Serial Bonds for the Settlement of Claim of the State of New York Our File Designation: (2615/027041) Mr. John Cushman Town Comptroller Town Hall 53095 Main Road Southold, NY 11971 Dear John: Thank you for your telephone call of Tuesday, August 24th, with respect to adoption of the bond resolution authorizing the above Serial Bonds Pursuant to your request, I have had prepared and now send you draft Extract of Minutes of the regular Town Board meeting to be held on September 7,2004, showing adoption of said bond resolution and authorizing and directing publication of the summary of such bond resolution (Exhibit "A') together with the prescribed by 981.00 of the Local Finance Law form of notice in the official Town newspaper. Please note that the bond resolution is to be adopted by at least a two-thirds vote of the entire Town Board membership. An extra copy of the summary of the bond resolution with the prescribed form of the Town Clerk's statutory notice affixed in readiness for publication in the official Town newspaper ("The Suffolk Times"), designated in the bond resolution is also enclosed. As you know, publication of the summary of the bond resolution with the prescribed form of Town Clerk's notice, commences a 20 day statute of limitations pursuant to the provisions of Section 80.00 et seq of the Local Finance Law. 458182.1027041 RES . . Please obtain and forward to me a certified copy of the Extract of Minutes and an original Affidavit of Publication with respect to the summary of the bond resolution. Again, thanking you and with kind regards, I remain ..... ~ ly, GF, Jr.ldfg Enclosures 458182.1027041 RES