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.)
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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
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,
WHEREAS, the State has alleged that Southold is responsible, in whole or in part, for the
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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(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.
* * *
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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
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RELEASE
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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
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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
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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
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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
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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
.
.
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EXTRACT OF MINUTES
Meeting of the Town Board ofthe Town of South old,
in the County of Suffolk, New York
September 7, 2004
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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
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Councihnan William P. Edwards offered the following resolution and moved its
adoption:
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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
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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
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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
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(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.
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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
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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.
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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
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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.
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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
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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
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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
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.
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.
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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
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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
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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