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HomeMy WebLinkAboutFishers Island Ferry District UNITED STATES OF AMERICA ~ STATE OF NEW YORK ''~ ~ ~1~ COUNTY OF SUFFOLK []~g~ ~' TOWN OF SOUTHOLD ~ BOND ANTICIPATION ~1~ ~ NOTE FOR FISHERS ISLAND FE.,~.. ~o....~. ~vv, Thc Town of Southold, in thc County of Su~lk, a municipal co~oration of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to the be~er of this Note or, if it be registered, to thc registered holder, thc sum of ONE MILLION F~E HUNDRED THOUSAND DOLLARS ($1,500,000) on thc 6th day of June, 2008, together wi(h imerest thereon from the date hereof at the rate of three and seventy-three hundredths per centum (3.73%) per annum, payable at maturiW. Both principal of ~d interest on this Note will be paid in law~l money of the United States of America, at Bridgehampton National BaAL Bridgehampton, New Yor~ At the request of the holder, the Town Clerk shall conve~ this Note into a registered Note by registering it in ~e n~e of (he holder in the books of the Town kept in the office of such Town Clerk ~d endorsing a ce~ificate of such registration hereon~ ~er which both principal of~d interest on ~is Note shall be payable only to ~e registered holder, his legal representatives, successors or tr~sterees. ThlsNoteshaii~hcn betransf~mbi~uni) apo~ prcs~r,t.~iol, to suck T~w;~ C'.~r'x ;'.~h a wri~en transfer of title ~d such Town Clerk shall ~ereupon register this Note in the nme of the tr~sferee in endorse a ce~ificate of such registration hereon. Such ~ansfer sh~l be dated, md signed by the registered holder, or his legal representatives, md it shall be duly acknowledged or proved, or in the alternative ~e signature ~emto shall be ce~ified ~ to i~ genuineness by ~ officer ofa b~k or ~st comply located and authorized to do business in this State. This Note is the only Note of an authorized renewal issue, the principal mount of which is $1,500,000. This Note is issued pursuit to ~e provisions of the Local Fin~ce Law, constituting Chapter 33-a of~e Consolidated Laws of the State of New Yor~ the bond resolution adopted by ~e Town Bo~d on July 31,2001 ~d mended on October 21, 2003, au~orizing the issuance of $4,800,0~ serial bonds for ~e incre~e ~d improvement of the facilities of the Fishers lsl~d Fer~ District, in said Town, and ~e Ce~ificate of Determination executed by the Supemisor on June 8, 2007. This Note h~ been designated by ~e Town ~ a qualified t~-exempt obligation pursuit to ~e provisions of Section 265 of the Internal Revenue Code of 1986, ~ mended. The hi~ ~d credit of such Town me hereby irrevocably pledged for the punctual payment of the principal of ~d interest on this Note according to its terms. It is hereby ceaified md recited that all conditions, acts ~d things required by the Constitution ~d statutes of the State of New York to exist, to have happened md to have been perfomed precedent to ~d in the issu~ce of this Note, exist, have happen~ ~d have been perfo~ed, ~d that this Note, together with all other indebtedness of such Town, is within eve~ debt ~d other limit prescribed by the Consti~tion ~d laws of such S~te. IN WITNESS WHE~OF, ~e Town of Southold h~ caused ~is Note to be executed in its nme by its Supemisor, and its corporate seal (or a facsimile thereoO to be ~xed, imprinted, impressed or othemise reproduced hereon md a~ested by its Town Clerk and this Note to be dated ~ of the 8th day of June, 2~7. (SEAL) ATTEST: I~J To~n Cle{k - TOfF SOUTHOLD By ._~~-~.~ b~pervisor REGISTRATION CERTIFICATE It is hereby certified that the within Note has been registered as follows: Date of Registration Name of Registered Holder Registered by SOUTHOLD TOWN BOARD PUBLIC HEARiNG November 21, 2006 5:15 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, at 5:i5 o'clock P.M. (Prevailing Time), on November 21, 2006, for the purpose of conducting a public hearing to consider the proposed increase in the estimated maximum cost of the construction of the new and expanded ferry terminal for the Fishers Island Ferry District, in New London Connecticut. It is proposed that the estimated maximum cost of such project be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000. The increase in the estimated maximum cost of the project is expected to be financed by grants from the United States and the State of New York and such other sources as may be available therefore, including current funds of the Ferry District; no obligations of the Town will be issued therefor. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. FURTHER NOTICE IS HERE BY GIVEN that the Board of Ferry Commissioners will meet on November 18th at 10:00 o'clock A.M. at the Fishers Island School Building for the purpose of holding an informational public hearing to consider the proposed increase in the estimated maximum cost of said new and expanded ferry terminal, as described above. At said hearing the Board of Ferry Commissioners will hear all persons interested in said matter thereof concerning the same. I guess that informational meeting was held. I have various petitions and notifications that things have been done in good order. It has appeared on the Town Clerk's bulletin board as a notice, it has appeared in the local newspaper as a legal and minutes of the meeting of the Board of Ferry Commissioners where they have proposed this. TOWN ATTORNEY FINNEGAN: These are the minutes from the informational meeting that was held at the school. COUNCILMAN WICKHAM: These are the minutes from the informational meeting and maybe it would be good to summarize them because they are basically input from Fishers Island on this proposal. JUSTICE EVANS: I would like to have, you can summarize them but to have the minutes incorporated into the body of the meeting. COUNCILMAN WICKHAM: The meeting was opened, noting that a quorum was there. The Chairman rendered a summation of the appropriations from the New London terminal project and explained the purpose of all of this. Different Commissioners made different comments about it. It is all in the file. It is all in the file. It seems to me that there is nothing very earthshaking in this. Did you attend this meeting? JUSTICE EVANS: Yes, I did. COUNCILMAN WICKHAM: Do you want to characterize it? JUSTICE EVANS: I can characterize it by saying that it is money that has already been spent, so this is really just a move to increase the spending amount, not the amount of the bond. The bond stayed where it is because the project went over the cost that they expected, partially because they seemed to be unaware that some initial costs that they laid out before they actually started construction work where included in the overall costs. So I think people aren't particularly happy that the project cost so much but they also recognized the fact that it is a Fishers Island obligation to pay for this project. SUPERVISOR RUSSELL: Just as a point of clarification, this is Fishers Island Ferry District so the people on this side are held harmless from these increased costs because it is a function of ferry district through 1 guess, taxes and through fees to collect this debt. Minutes from the Fishers Island Public Informational Hearing held Saturday, November 18, 2006 at the Fishers Island School, Fishers Island New York. B. BRYANT: Noticed that the entire additional amount of the $525,000 is in the Additional Costs line of the budget. What happened to the guaranteed maximum price promised by the Downes Company at the beginning of the project? C. DUPONT: The GMP from the Downes Company is located in the Hard Costs line of the budget. The actual cost of construction was guaranteed and indeed came in on budget. Extended pre-permit engineering and a lengthy workload of the NICET inspector to complete his inspections and submit his paperwork to the CTDOT in order for our grant monies to be approved has caused the increase in costs. B. BRYANT: Is that the NYDOT or the CTDOT? C. DUPONT: That is the CTDOT. Although the grants are federal, because the project is located in Connecticut, the CTDOT is in charge of distributing our grants. The NICET inspector is responsible for submitting the necessary paperwork to the CTDOT in order for us to receive our final grant payments. Because we are at the end of the project, a lot of the change orders have accumulated to the final stages. These change orders are now being tallied up and must be approved by the inspector. When the Board initially set the $10.5 million budget it was not expected that the NICET inspector would continue on as long as he has, however, it is a process that we must complete in order to receive funding. B. BRYANT: What about the $350,000 contingency fund? What happened to that? C. DUPONT: It has already been used up in finishing the project which is now substantially completed. Pleas remember that just because we are raising the appropriations to $11,025,000 that doesn't mean that we will spend that amount. B. BRYANT: How much do you currently owe on the project? C. DUPONT: The balance due for the project is $289,000 of which $231,000 is reimbursable to the District. There is also an outstanding invoice for $59,000 which is due to the NICET inspector, who has not been paid for the last four months and won't be paid until this appropriation request is granted. I guess that makes the total owed somewhere around $120,000. K. EDWARDS: Will the District need to apply for additional grants? C. DUPONT: There is no need to apply for any additional grants or additional bonding. K. EDWARDS: Can the additional monies be spent for anything besides the project, such as fines or anything else. C. DUPONT: No, this appropriation is for the New London Terminal project only. B. BRYANT: Do you have additional grants available? P. GILES: No, there may be additional grants out there, but none that we can tap. As a result of 9/11, we also have our Homeland Security Grant that we are waiting to receive. K. EDWARDS: How much is the Homeland Security grant? T. DOHERTY: We had initially filed for $350,000, however, at projects end we were approved for $265,000. We expect to receive the payment by the end of the year; the final paperwork was just submitted last month. H. VAN OOSTEN: Is this appropriations estimate higher than the bills expected? C. DUPONT: Yes, we certainly hope so, although we thought that in our past appropriations. H. VAN OOSTEN: How much more do you plan on spending on the project? C. DUPONT: Hopefully about $130,000. Depending on the final tally for the NICET inspector. G. ESSER: The NICET inspector is primarily just for paperwork. The CTDOT relies on the NiCET inspector to provide the necessary information regarding the project and it seems just to go on and on and on. Obviously, the NICET inspector must be continually paid in order to bring the project to conclusion. R. PARSONS: How many bonds do you have outstanding? C. DUPONT: We currently have two bonds, one long term for $3 million and a short term BAN for approximately $1.4 million. B. BRYANT: Does the District have any other bond service other than the New London project? P. GILES: That is correct; we do not have any other debt service. We may have post- construction debt but nothing as of now. B. BRYANT: Does that mean you expect future debt? G. ESSER: We don not plan on any future extended debt. B. BRYANT: So this is really a 'check writing bump' as opposed to a debt problem? P. GILES: Yes, there must be a limit on spending for the project, it doesn't mean that we will spend the entire $11,025,000 but we must establish an upper limit. K. EDWARDS: Is the building completed? I understand that there are some leaks. C. DUPONT: The building is completed but leaks have not been corrected. We have water coming through the louvers on a very windy day. The problem is being addressed. K. EDWARDS: When the building is completed, will there be an open house? I would love to walk through the building. I've been in there, however, [ couldn't get to the second or third floors and i would love to see them. C. DUPONT: Well, there isn't much to see on the third floor, but we hope to be having an open house once the few remaining problems are resolved. Any further questions? Hearing none, I will close the meeting and proceed with a vote. The following resolution was moved by Chairman duPont and seconded by Commissioner Esser: The Board of Commissioners hereby request the limit of appropriations for the New London Terminal project be raised from $10,500,000 to $11,025,000. Ayes: Commissioners Burnham, duPont, Esser and Giles. Nays: None SUPERVISOR RUSSELL: Is there any public comment on this? (No response) Can I get a motion to close the hearing? Southold Town Clerk Talbot Family Limited Pt~sMp 20 LoefflerRd Apt T-614 ~ Bloomfield, CT 06002 """:'"" ~ff ........ 6~ ...... ~: ~7~09~79 h"lh"llhh'h"l,,,lllh,,I,h,,hhhh,h,,ihh,,,hl; IIh"'ll"tt'"ll,,.,I,h,l,l,,hlhl,,,ti.ll,,,J. ll,f,,I 012H16209170 $ 00.390 !l/09/2006-- Maiied From 11971 US POSTAGE O~iCE OF THE TOWN CLERK TOWN OF SODs'HOLD 53095 MAIN ROAD P.O. BOX 1179 SOUI'HOLD, NEW YORK 11971 012H16209170 $00.39o_ 11/09/2006 US POSTAGE Anne J. Borland Attn: Ling & Ruta Behan 358 FiflhAve F1 9 New York, NY 10001 ' btl:~ :1;.~ ........~0 ...... ~ ....... '¢}.0 .: ~Z~ ~Y O$ ..- ;~TUI~N TO ~'N~ ......... ' .............. NOT DE~L,'/"V'E;~IBL,~' ~1~ .................. OFFICE OF THE TOWN CLERK TOWN OF Sou'rHOLD m ]TABETH A. NEV~ ] ~ TOWN CLERK 53095 MAIN ROAD P.O. BOX 1179 ~OUTHOLD, NEW YORK 11971 012H16209170 $00.399 I!/09/2006 US POSTAGE K Louise Noble Bogert One Canterbury Gm Stamford, CT 06901 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ~95 ~ ROAD Peter W. Gaillard 746 Dudley Rd Wilton, CT 06897 $00.399 11109!2006 h~.~iled From 11971 US posTAGE RETURN TO NOT ~E~V~L~ UTF OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ELIZABETH A. NE¥1LLE, TOWN CLERK $309~ ~ ROAD P.O. BOX 11'/9 SOUTHOLD, ~ YORK 119/1 012H16209170 $00.39_0 !1/09/2006 Mailed From 11971 US POSTAGE William J. Hilliard 71 Tunxis Rd West Hartford, CT 06107 h,,Ih,,llhh,h,,h,,lllh,,hh,,hhhh,h,,Ihh,,,hll lh,hh,,h,,Ihhh; O~ICE OF'L-~- TOWN CLERK TOWN OF 8OUTHOLD H~4BL~H A. NEV- ~ ~. TOWN C~RK $~09~ MAIN ROAD P.O. BOX ll~ ~OUTHOLD, I~W YORK 11971 Bingham Wendy ~ QPRT 1 Maritime Plz Ste 2525 Sm Fr~cisco, CA 94111 ~T~N TO ~N~ ATT~M~T~O - NOT ~NO~N h-lh,dlhh,h.l,.lllh.hl",}ddd..d.,Ihh.,h]t 012H16209170 .$00.39_0 11/09/2006 Mailed From 11971 US POSTAGE ~NK it,l,,,h,l,,,ll,.ll,,,ll,,ll.l,l,,,I,l,,Ih;,I,hl,h,l,,ll OFFICE OF THE TOWN CLERK TOWN OF 8OIJTHOLD $3095 MAIN ROAD P.O. BOX 1179 SOIIIItOLD, blEW YORK 11971 012H16209170 $00.39_0 11/09/2006 Mailed From 11971 US POSTAGE Rotar Dorothy J Living Trust 26 Deerhill Rd 'Redding, CT 06896 ~TU~N TO ..... = =.~,?x~,~. ........................... ,I,h,ll,,,ihll,,,,,hhll,,,i,l,i UTF TOWN OF ~oLrrHOLD ,~, -~,., ,. ,,,~, ,,v,.o,,,, ~-,.~ .~ $00.39_o ~ ~0~ ' ~.~,~ ~ ~ ~~ m 11/09/2006 P.O.~XII~ ~~ -= .a,,e, From 1197' 012H16209170 $00.39o_ !!/0912006 Mailed From 11971 US POSTAGE OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 53095 MAiN ROAD P.O. BOX 11~9 SOUTHOLD, NEW YORK 11971 012H16209170 $00.39_0 11/09/2006 Mailed From 11971 US POSTAGE Mary Robinson Goss C/O PNC Bank 30003 Ta Miami Trl N Naples, FL 34103 ~TU~N TO h,,Ih,,llh h,h,,h,,lllh,.hl,,, hh h h, h,,Ih h.,hll ,l.i,;,hl,,hl.,lt,I VA~WD Ol~lqCE OF THE TOWN CLERK TOWN OF SOUTHOLD 53095 biAIH ROAD P.O. BOX lIT9 SOUTHOLD, NEW YOR~ 11971 012H16209170 $00.39_0 1'1/09,"2006 Mailed From 11971 US POSTAGE Lily E. West PO Box 30394 New York, NY 10011 A [] INSUFFICIENT ADDRESS ~ O~ OATTEMPTEOflOTKNOWN []OTHER r"l NO SUCH NUMBER/STREET I-1 NOT DELIVERABLE AS ADORESSED . UNABLE TO FORWARO CPsed"; No'Orde r~ O OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD EI~B~ A. NE~ ~ TOWN CLERK 5309~ MAIN ROAD P.O. BOX 11~9 SOUTHOLD, NEW YORK 11~ ~_~ 3~ ~a~torDr OFFICE OF TIlE TOWN CLERK TOWN OF ~oLrrltOLD ~ MAIN ROAD P,O. BOX 1179 ~OUTHOLO, NEW YORK 11971 Mary Robinson Goss c/o PNC Bank 30003 Ta Miami Trl N Naples, FL 34103 012H16209170 $00.39_0 11/09/2006 Mailed From 11971 US POSTAGE UT~ IIl,,,,Ih,M,hMl,,,,,,lh,lh,h,llti. lh,h h.,lll NOTZ~y ~ND~ O~ N~ ADDR~ :~NC 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 December 14, 2006 Town of Southold, New York Fishers Island Ferry District - Increase and Improvement of Facilities Our File Designation: 2615/19513 Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Enclosed find a certified copy of the Resolution, Extract of Minutes and affidavit, along with a certifed copy of the petition signed by the Board of Commissioners. Let me know if you need anything else for your records. Very truly yours, Eric Cc: Town Attorney Lynda M Bohn Deputy Town Clerk STATE OF NEW YORK SUFFOLK COUNTY : Office of the Town Clerk of the Town of Southold : (seal) This is to certify that I, Elizabeth A. Neville, Town Clerk of the Town of Southold in the said County of Suffolk, have compared the attached copy of The Extract of Minutes and resolution from the Fishers Island Ferry District with the original now on file in this office, and that the same is a corre and true transcript of such original of The Extract of Minutes and resolutior from the Fishers Island Ferry District the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of Said Town this 14th day of December 2006. Town Clerk of the Town of Southold, County of Suffolk, New York EXTRACT OF M1NUTES Meeting of the Board of Commissioners of Fishers Island Ferry District, in the Town of Southold, Suffolk County, New York October 24, 2006 A Special Meeting of the Board of Commissioners of Fishers Island Ferry District, in the Town of Southold, Suffolk County, New York, was held at the Fishers Island Ferry District Office, Fishers Island, New York, on October 24, 2006 at 1:00 o'clock P.M. (Prevailing Time). There were present: Reynolds du Pont, Jr., Chairman Board Members: Ahman, Burnham, Esser and Giles There were absent: NONE Also present: Thomas Doherty, Secretary , Attorney for the Ferry District Chairman du Pont offered the following resolution and moved its adoption: Resolved that the Board of Commissioners requests a Public Heating from the Town Board to (1) amend the cost of the New London Terminal Project and (2) amend the 2007 Ferry District budget, as follows: RESOLUTION OF THE FISHERS ISLAND FERRY DISTRICT, IN THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 24, 2006, AUTHORIZING THE SUBMISSION OF A PETITION TO THE Error.* Unknown document property name. TOWN BOARD OF SAID TOWN REQUESTING THAT A PUBLIC HEARING BE CALLED TO CONSIDER AN INCREASE IN THE COST OF THE CONSTRUCTION OF THE NEW AND EXPANDED FERRY TERMINAL ON LAND OWNED BY SAID TOWN FOR DISTRICT PURPOSES, BEING THE SITE OF THE FORMER TERMINAL, IN NEW LONDON, CONNECTICUT, AND THE FINANCING OF THE INCREASED COST BY THE EXPENDITURE OF GRANT PROCEEDS EXPECTED TO BE RECEIVED BY SAID TOWN AND OTHER AVAILABLE FUNDS. Recitals WHEREAS, pursuant to the provisions of Chapter 699 of the Laws of New York, 1947 and Acts amendatory thereto (herein called the "Enabling Law"), the Board of Commissioners (herein called "Board") of the Fishers Island Ferry District, in the Town of Southold, Suffolk County, New York (herein called "District"), in furtherance of the public interest, wishes to submit a written request to the Town Board of the Town of Southold (herein called "Town Board" and "Town," respectively), (i) to call a public hearing for the purpose of hearing all persons interested in the subject matter thereof, being an increase in the cost of construction of the new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the existing ferry terminal, in the City of New London, Connecticut, as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, prepared by Docko, Inc., licensed engineers, on file in the office of the District and the office of the Town Clerk of the Town and resolution adopted by the Board on June 23, 2001 (herein called the "Project"). The estimated maximum cost of the Project has increased from $10,500,000 to $11,025,000, to be financed by grants expected to be received Error! Unknown document property name. fully described in the "Preliminary Engineering Report", dated May 31, 2001, prepared by Docko, Inc., licensed engineers, on file in the office of the District and the office of the Town Clerk of the Town, confirm (herein called the "Project"); has been increased from the amount of $10,500,000 to the amount of $11,025,000, and the Board of Commissioners hereby determines to submit a written request to the Town Board of the Town of Southold to call a public hearing to hear all persons interested in the subject matter thereof and to so increase said estimated maximum cost and to finance such increase solely from grants to be received from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District as more particularly described in the resolution adopted by this Board of Commissioners on October 24, 2006, a copy of which is attached hereto and made a part hereof, and said Board of Commissioners hereby determines that the construction of the Project at such increased estimated maximum cost (i) is a public purpose authorized pursuant to the Enabling Law and (ii) is in the public interest. 4. This Board of Commissioners has complied with all procedures requisite to ensuring that the Project will have no significant adverse impact upon the environment and permits for construction of the Project have been applied for and obtained from all known necessary agencies, including the Connecticut Department of Environmental Protection, the U.S. Army Corps. of Engineers and said City of New London and copies of such permits are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of Southold; WHEREFORE, your petitioners pray that the Town Board call such public hearing and provide for financing said increase in the estimated maximum cost by grants from Error! Unknown document property name. from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District, to finance such increased cost; no obligations of the Town will be issued therefor; Now therefore, be it RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FISHERS ISLAND FERRY DISTRICT, IN THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, as follows: This Board of Commissioners is hereby authorized to submit to the Town Board a written petition, subscribed by ail the Commissioners of the District, requesting the Town Board to cail a public hearing for the purpose of hearing ail persons interested in the subject matter thereof, being the increase in the estimated maximum cost of the Project from $10,500,000 to $11,025,000, and to provide financing for said increase in the estimated maximum cost from grants expected to be received from the United States and the State of New York and such sources as may be available therefor, including current funds of the District; no obligations of the Town will be issued therefor, as hereinabove referred to in the Recitals hereof; it is hereby determined that the construction of the Project at said increased estimated maximum cost (i) is a purpose authorized pursuant to the Enabling Law and (ii) is in the public interest. This Board of Commissioners has complied with ail procedures requisite to ensuring that the Project will have no significant adverse impact upon the environment and permits for construction of the Project have been applied for and obtained from all known necessary agencies, including the Connecticut Department of Environmental Protection, the U.S. Army Corps. of Engineers and said City of New London and copies of such pennits are available Error! Unknown document property name. for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of Southold. A copy of this resolution, subscribed by each of the Commissioners of the District, shall be submitted to the Town Board together with the petition herein authorized. This resolution shall take effect immediately. DATED: OCTOBER 24, 2006 (SEAL) BOARD OF COMMISSIONERS OF FISHERS ISLAND FERRY DISTRICT, IN THE TOWN OF SOUTHOLD, NEW YORK Commissioners Commissioner Burnham seconded the motion which was put to a vote on roll call, which resulted as follows: AYES: Chairman du Pont, Commissioners: Ahman, Burnham, Esser and Giles NOES: None The resolution was declared adopted. Error! Unknown document property name. CERTIFICATE I, Thomas Doherty, Secretary of the Fishers Island Ferry District, in the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Board of Commissioners of said District duly called and held on October 24, 2006, has been compared by me with the original minutes as officially recorded in my office in the Minute Book of said District and is a tree, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters to in said extmcL IN WITNESS WHEREOF, (SEAL) I have hereunto set my hand and affixed the /~x~eal of ~t this lOth dayOf /~November,~~ ~ Error! Unknown document property name. STATE OF NEW YORK SUFFOLK COUNTY : Office of the Town Clerk oftheTown of Southold : (seal) This is to certify that I, Elizabeth A. Neville, Town Clerk of the Town of Southold in the said County of Suffolk, have compared the attached copy of The Petition from the Fishers Island Ferry District with the original nov on file in this office, and that the same is a correct and tree transcript of such original of The Petition from the Fishers Island Ferry District the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of Said Town this 14th day of December 2006. ElSIe, So~n Cler Town Clerk of the Town of Southold, County of Suffolk, New York In the Matter of the Request of The Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold, Suffolk County, New York, for a public heating to be called to consider an increase in the estimated maximum cost of the construction of a new ferry terminal in the City of New London, Connecticut and to provide f'mancing of a portion of the cost thereof pursuant to the Local Finance Law TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD PETITION The petition of the Board of Commissioners of the Fishers Island Ferry District (herein called "District"), in the Town of Southold, Suffolk County, New York, respectfully shows: 1. That the undersigned are the duly elected, qualified and acting Commissioners of the District; 2. That pursuant to Chapter 699 of the Laws of New York, 1947 and Acts amendatory thereto (herein called the "Enabling Law"), the District is designated as a district in the Town and the provisions of the Town Law not inconsistent with the provisions of the Enabling Law apply to the operation and maintenance of the District; 3. That the estimated maximum cost of the construction of the new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes being the site of the existing ferry terminal in the City of New London, Connecticut, all as more Error! Unknown document property name. the United States and the State of New York and such other sources as may be available therefor, including currem funds of the District; no obligations of the Town will be issued. DATED: OCTOBER 24, 2006 (SEAL) BOARD OF COMMISSIONERS OF FISHERS ISLAND FERRY DISTRICT, IN THE TOWN OF SOUTHOLD, NEW YORK Error! Unknown document property name. STATE OF NEW YORK ) COUNTY OF SUFFOLK ): ss: TOWN OF SOUTHOLD ) I, Thomas Doherty, Secretary of the Fishers Island Ferry District, in the Town of Southold, in the County of Suffolk, New York, do HEREBY CERTIFY that I have compared the foregoing copy of the Petition with the original thereof now on file in my office, and that the same is a correct and tree transcript of such original Order and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of  ofNovember, 2006. ecred~ (SEAL) Error! Unknown document property name. DELAFIELD &WOOD LLP ONE CHASE MANHATTAN plAZA RECEIVED DEC - 4 /uuO Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 E-rnml: gfemandez~hawkins.com Town of Southold, New 'York $11,025,000 Serial Bonds Increase for the Fishers Island Ferry District Our File Designation: 2615/19513 $outhold Torch Clerk November 28, 2006 Ms. Lynda M. Bohn Deputy Town Clerk Office of the Town Clerk Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Thank you for your letter dated November 17t~ enclosmg the several items of proof relating to the increase in the cost of the Fishers Island Ferry District Project m New London, Connecticut. All of the proofs have been included in our records except for the Certificate of the District Secretary. The resolution of the Board of Commissioners referred to in this Certificate has not been included. Iam returmngthe Affidavit withthis le~er ~nd,,-,'ou!~ a~kt~,at 3o'a avert thc ~oludon and return it to me. In addition, I should ask that you obtain a certified copy of the Petition subscribed by the Members of the Board of Commissioners. Lastly, would you kindly send me proof that copies of the District Certificates with enclosure have been duly filed with the Town. 513029.1 019513 LTR November 28, 2006 Page 2 convenience. Should you have any questions, please do not hesitate to call or write me at your Again thanking you and with kind regards, I rem'Un John Cushman, Comptroller Town Attorney 513029.1 019513 LTR STATE OF NEW YORK ) COUNTY OF SUFFOLK ): ss: TOWNOF SOUTHOLD ) ~~, Secretary of the Fishers Island Ferry District, in the Town of Southold, in the County of Suffolk do HEREBY CERTIFY that I have compared the foregoing copy of the Resolution adopted by the Board of Commissioners of said Ferry District on November/~__, 2006 with the original thereof now on file in my office, and that the same is a correct and tree transcript of such original Order and of the whole thereof. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of  ay of November, 200'~. ary ~/ MARY B PANKIEWICZ Notary Public Stale o! New York No 52-82679,50 / Commission Expires ow Iso[~ o #8126 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 Southoid, 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 week(s), successively, commencing on the 30th day of Nov. ember, 2006. _ Principal Clerk Sworn to before me this 2006 day of ~ NOTARY PUBLIC-STATE OF NEW YORK NO, 01-VQ~ ~5C,50 QuC~llflea Ih su/~otk county LEGAL NOTICE NOTICE OF Al)OPTION Thc resolution, a summary of which is published herewith, has been adopted on the 31st day of July, 2001 and amended on October 21, 2003 and further amend- ed on Novem~ 21, 2~6, I1~11t~ v,~id- ity of the obli~lia~ ~ll#~lim~ b~ ~e~ resolution may be hereafter contested only if such obligations were authorized for an obje~ or purpose for which the TOWN OF SOUTHOLD, hi the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should haltc been complied with as of the date of publication of this No~ce were not substantially complied with, and an action, suit or proceeding contesting such validity is commen~ed within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitulion. ELIZABETH A. NEVILLE Town Clerk BOND P~ESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOIYrED JULY 31,2001,AMENDED OCTOBER 21,2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATING THE AMOUNT twenty (20) years Amo~at of obl~lom: not to exceed :$4,800,000 See legals, page 46A 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, in said Town, on the 21st day of November, 2006. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice Albert J. Kropski, Jr., Councilperson Thomas H. Wickhour, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson In the Matter of the Increase in the maximum cost of the construction of a new and expanded ferry terminal for the Fishers Island Ferry District, in New London, Connecticut RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, following receipt of certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinat~er called "District" and "Town", respectively), in the County of Suffolk, New York, and the Petition of said Board of Commissioners, each dated October 24, 2006 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town (herein called "Town Board"), call a public hearing to consider the increase in the maximum cost of the increase and improvement of the facilities of the District, described as the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the former terminal, all as more fully described by in the "Preliminary Engineering Report," dated May 31, 2001, prepared Docko, Inc., licensed engineers, on file in the office of the District and the office of the Town Clerk of the Town, as well as original fumishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called "Project"), from the revised estimated maximum cost of $10,500,000, to the new revised estimated maximum cost of $11,025,000 said increase, to be financed from grants expected to be received from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District; no obligations of the Town will be issued; and WHEREAS, on August 15, 2000, the Town Board adopted the resolution, subject to permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from $500,000 to $5,000,000, as authorized pursuant to Section 4 of Chapter 699 of the New York Laws of 1947, as amended, and no valid petition requesting that a referendum be held thereon was submitted; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, including the Connecticut Department of Environmental Protection, the U.S. Army Corps Of Engineers and said City of New London (copies of which are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of the Town), the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted November 8, 2006, a public heating to consider proposed increase in the cost of the Project was duly held by the Town Board on the 21st day of November, 2006, at 5:15 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard conceming the subject matter of the above referenced public hearing, including those in favor of and those in opposition to the Project and the financing thereof; NOW, THEREFORE, in consideration of the information given at such heating, it is hereby DETERMINED, that it is in the public interest to increase the estimated maximum cost of said increase and improvement of the facilities of the District, as hereinabove described and referred to as the Project, from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000 and to finance such cost from said grants and such other funds as may be available, including current funds of the District, provided, however, no obligations of the Town will be issued therefor, all as hereinabove referred to, and it is hereby ORDERED, that the estimated maximum cost of the increase and improvement of the facilities of the District shall be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated cost of $11,025,000 as hereinabove prescribed and, further that the Engineer heretofore retained by the Board of Commissioners of the District shall prepare specifications and make careful estimates of the expense for the Project at a cost not to exceed $11,025,000 and, with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimates and proposed contract(s) shall be presented to said Board of Commissioners as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing the estimated maximum cost of the Project to the extent not provided by such grants and/or other sources, shall be financed from current funds of the District, but if not fully or partly paid from such sources, all the taxable property within the District, and, if necessary, the Town, shall be subject to the levy of ad valorem taxes as authorized by law, sufficient to pay all or the balance of such new revised estimated maximum cost; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: November 21, 2006 TOWN BOA~/J~tF THE TOWN OF SOUTHOLD Scott A. Russell Supervisor L~uisa P. l~vans Justice /r Xlbert ~. KruP~k',~r.. Councilpg(son//// Tho~n'as H. Wickhar~~- Daniel C. Ross Councilperson (SEAL) Members of the Town Board Town of Southold, New York ~EGAL NOTICE NOTICE OF ADOPTION The resolution, a summary of which is published herewith, has been adopted on the 31st day of July, 2001 and amended on October 21, 2003 and further amended on November 21, 2006, 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 of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, AMENDED OCTOBER 21, 2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATING THE AMOUNT OF $11,025,000, INCLUDING THE AMOUNTS OF FUNDS HERETOFORE EXPENDED AND GRANTS EXPECTED TO BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK AND SUCH OTHER SOURCES AS MAY BE AVAILABLE THEREFOR, INCLUDING FUNDS OF THE FISHERS ISLAND FERRY DISTRICT, TO FUND THE ESTIMATED MAXIMUM COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SAID FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF THE SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS AND OTHER FUNDS HERETOFORE EXPENDED ARE NOT AVAILABLE Object or purpose: the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Ferry District ("District"), being the site of the existing Period of probable usefulness: Amount of obligations: ferry terminal in the Cit~bf New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the existing terminal, including original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminals are to be used, the estimated maximum cost thereof being increased from $10,500,000 to 11,025,000, to be financed to the extent received, by grants from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District; and no additional Town obligations will be issued twenty (20) years not to exceed $4,800,000 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, Town Hall, 53095 Main Road, Southold, New York 11971. Dated: November 21, 2006 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON NOVEMBER 30, 2006, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Comptroller Town Clerk Bulletin Board Town Board Members Town Attomey FIFD Hawkins, Delafield & Wood CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that I have compared the preceding Resolution and Order After Public Hearing with the original thereof filed in my office on the 21st day of November, 2006 and the same is a tree and correct copy of said original and of the whole thereof. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 22nd day of November, 2006. (SEAL) EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York November 21, 2006 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 November 21, 2006, at 5:15 o'clock P.M. (Prevailing Time). There were present: Hon. Scott A. Russell, Supervisor; and Councilpersons: Justice Lousia P. Evans Albert J. Kruipski, Jr., Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson There were absent: None Also present: Elizabeth A. Neville, Town Clerk Patricia Finnegan, Town Attorney At 5:15 o'clock P.M. (Prevailing Time), the Town Clerk stated that pursuant to the Order Calling Public Hearing To Be Held on November 21, 2006 adopted by the Town Board of the Town of Southold, New York, on November 8, 2006, a public hearing was ordered be held at 5:15 o'clock P.M. on November 21, 2006, at the Town Hall, 53095 Main Road, Southold, New York, to consider the proposed increase in the maximum cost of the construction of facilities of the Fishers Island Ferry District, in the Town of Southold, described as the construction of a new and expanded ferry terminal, on the land heretofore acquired and now owned by the Town of Southold for Ferry District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the former terminal, as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, prepared by Docko, Inc., licensed engineers, and the addendum thereto dated September 19, 2003 prepared by the District, showing the revised costs, on file in the office of the District and the office of the Town Clerk of the Town, and the Resolution and Order After Public Heating adopted by the Town Board on October 7, 2003, as well as the original furnishings, equipment, machinery and apparatus required for the purposes therefor (herein called the "Project"), the estimated maximum cost thereof having been increased from $10,500,000 to $11,025,000; said increase in the cost to be paid from grants expected to be received from the United States and/or the State of New York and funds from such other sources as may be available, including current funds of the District; no additional indebtedness shall be incurred therefor, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Supervisor stated that the heating in the matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of said increase in the maximum cost of said increase and improvement of facilities of the Fishers Island Ferry District as heretofore recited: None -2- The following persons appeared in opposition to said increase in the maximum cost of said increase and improvement of facilities of the Fishers Island Ferry District as heretofore recited: None received: The Town Clerk reported that the following pertinent communications had been Minutes from the Fishers Ilsand Board of Commissioners Public Information meeting, November 18, 2006. The Town Clerk then read such communication, if any, to the meeting. The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. On motion of Justice Lousia P. Evans, duly seconded by Councilman Thomas H. Wlckham, the following Resolution and Order After Public Hearing was duly declared adopted on the following roll call vote: AYES: Hon. Scott A. Russell, Supervisor; and Justice Lousia P. Evans Albert J. Kruipski, Jr., Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson NOES: None -3- PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice Albert J. Kropski, Jr., Councilperson Thomas H. Wickhour, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson 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, in said Town, on the 21st day of November, 2006. In the Matter of the Increase in the maximum cost of the construction of a new and expanded ferry terminal for the Fishers Island Ferry District, in New London, Connecticut RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, following receipt of certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "District" and "Town", respectively), in the County of Suffolk, New York, and the Petition of said Board of Commissioners, each dated October 24, 2006 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the -4- Town (herein called "Town Board"), call a public heating to consider the increase in the maximum cost of the increase and improvement of the facilities of the District, described as the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the former terminal, all as more fully described by in the "Preliminary Engineering Report," dated May 31, 2001, prepared Docko, Inc., licensed engineers, on file in the office of the District and the office of the Town Clerk of the Town, as well as original fumishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called "Project"), from the revised estimated maximum cost of $10,500,000, to the new revised estimated maximum cost of $11,025,000 said increase, to be financed from grants expected to be received from the United States and the State of New York and such other soumes as may be available therefor, including current funds of the District; no obligations of the Town will be issued; and WHEREAS, on August 15, 2000, the Town Board adopted the resolution, subject to permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from $500,000 to $5,000,000, as authorized pursuant to Section 4 of Chapter 699 of the New York Laws of 1947, as amended, and no valid petition requesting that a referendum be held thereon was submitted; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, including the Connecticut Department of Environmental Protection, the U.S. Army Corps Of Engineers and said City of New London (copies of which are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of the Town), the Town Board, in the -5- role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted November 8, 2006, a public hearing to consider proposed increase in the cost of the Project was duly held by the Town Board on the 21st day of November, 2006, at 5:15 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard concerning the subject matter of the above referenced public hearing, including those in favor of and those in opposition to the Project and the financing thereof; NOW, THEREFORE, in consideration of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase the estimated maximum cost of said increase and improvement of the facilities of the District, as hereinabove described and referred to as the Project, from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000 and to finance such cost from said grants and such other funds as may be available, including current funds of the District, provided, however, no obligations of the Town will be issued therefor, all as hereinabove referred to, and it is hereby ORDERED, that the estimated maximum cost of the increase and improvement of the facilities of the District shall be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated cost of $11,025,000 as hereinabove prescribed and, further that the Engineer heretofore retained by the Board of Commissioners of the District shall prepare specifications and make careful estimates of the expense for the Project at a cost not to exceed $11,025,000 and, with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which -6- specifications, estimates and proposed contract(s) shall be presented to said Board of Commissioners as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing the estimated maximum cost of the Project to the extent not provided by such grants and/or other sources, shall be financed from current funds of the District, but if not fully or partly paid from such sources, all the taxable property within the District, and, if necessary, the Town, shall be subject to the levy of ad valorem taxes as authorized by law, sufficient to pay all or the balance of such new revised estimated maximum cost; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Heating in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. adoption. Justice Louisa P. Evans offered the following resolution and moved for BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, AMENDED OCTOBER 21, 2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATING THE AMOUNT OF $11,025,000, INCLUDING THE AMOUNTS OF FUNDS HERETOFORE EXPENDED AND GRANTS EXPECTED TO BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK AND SUCH OTHER SOURCES AS MAY BE AVAILABLE THEREFOR, INCLUDING FUNDS OF THE FISHERS ISLAND FERRY DISTRICT, TO FUND THE ESTIMATED MAXIMUM COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SAID FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF THE SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS AND OTHER FUNDS HERETOFORE EXPENDED ARE NOT AVAILABLE. Recitals -7- WHEREAS, following the receipt of a certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "Commissioners," "District" and "Town," respectively), in the County of Suffolk, New York and the Petition of said Board of Commissioners, each dated June 18, 2001 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town (herein called the "Town Board") call a public heating to consider the increase and improvement of the facilities of the District as hereinafter described (defined as the "Project" in the Recitals hereof), at the estimated maximum cost of $8,000,000, including the amount of $1,090,000 from the TEA-21 Program (Transportation Equity Act for the 21 st Century) of the United States, in addition to the amount heretofore approved; up to $5,500,000 expected to be received from the United States Department of Transportation; up to $3,000,000 expected to be received from the Federal Highway Administration ("FHWA"), the United States Department of Homeland Security, and/or HUD for urban renewal purposes; and up to $2,000,000 expected to be received from the State of New York; and to finance that portion of such cost for which such grants are not available by the issuance of Town obligations in the principal amount of not to exceed $4,800,000, pursuant to the applicable provisions of the Local Finance Law, the aggregate principal amount which the Town Board may borrow and so issue obligations having been heretofore authorized and increased from $500,000 to $5,000,000 pursuant to the resolution adopted by the Town Board on August 15, 2000, subject to permissive referendum; and WHEREAS, following the public heating duly called and held on July 17, 2001 and further continued on July 31, 2001, and all persons interested in the subject matter thereof have been heard and following the close of such public hearing, as so continued, the Town Board has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on July 31, 2001, that it is in the public interest to so increase and improve the facilities of the District and has ordered that the facilities be so increased and improved, at the estimated maximum cost of $8,000,000 and that Docko, Inc., licensed engineers, prepare specifications and an estimate of the cost and, with the assistance of the Attomey for the District, prepare a proposed contract or contracts therefor to be presented to the said Board of Commissioners as soon as possible; and -8- WHEREAS, the estimated maximum cost of the Project was originally determined by the Board of Commissioners to be $8,000,000, but as a result of increased costs of labor and materials and other related costs, the Board of Commissioners determined that the estimated maximum cost of the Project had increased to the amount of $10,500,000, and it is in the best interests of the District to increase the total amount authorized to be expended for the Project by $2,500,000, from the original estimated maximum cost of $8,000,000 to the revised estimated maximum cost of $10,500,000; and WHEREAS, said proposed increase in the estimated maximum cost of the Project has been funded from additional grant proceeds received from the FHWA and the United States Department of Homeland Security; and WHEREAS, pursuant to the Petition of the Board of Commissioners and the Order adopted by the Town Board on September 23, 2003, a public heating was held by the Town Board on October 7, 2003 to consider the proposed increase in the estimated maximum cost from $8,000,000 to $10,500,000; and following such public hearing, the Town Board adopted a Resolution and Order After Public Heating dated October 7, 2003, which authorized the increase in the estimated maximum cost of the Project; and thereafter the bond resolution adopted on July 31, 2001 as amended to reflect the increase in the estimated maximum cost of the Project; and WHEREAS, due to additional work being performed to complete the Project, the Commissioners have adopted a resolution implemented by a petition, each signed by the Commissioners requesting that the Town Board call a public heating to consider an increase in the maximum cost of the Project from the revised estimate of $10,500,000 to the new revised estimate of $11,025,000; and WHEREAS, pursuant to the Order Calling Public Hearing To Be Held On November 21, 2006, the Town Board has held a public hearing on November 21, 2006 and thereafter adopted the Resolution And Order After Public Heating which, inter alia, authorized the maximum amount to be expended for the Project to be increased from $10,500,000 to $11,025,000 to be funded from grants expected to be received from the United States and the State of New York and such other sources as may be available therefor, -9- including current funds of the District, provided that no additional obligations of the Town will be issued to finance such increase in cost; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 1N THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two- thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates and authorizes the expenditure of $11,025,000, including the amounts of grants (i) heretofore received and (ii) expected to be received from the United States and from the State of New York and such other sources as may be available therefore, including current funds for the Ferry District; for the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal areas, including said building, to be approximately double the size of the former terminal, all as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, by Docko, Inc., licensed engineers, as amended, on file in the office of the District and in the office of the Town Clerk, as well as original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called the "Project"). The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $11,025,000 and the plan of financing includes, in addition to the funds heretofore expended for the Project, the expenditure of the grants expected to be received from the United States and the State of New York and other sources, as hereinabove referred to in the Recitals hereof, and the issuance of obligations including serial bonds and bond anticipation notes, in the principal amount of not to exceed $4,800,000 to finance that portion of said appropriation for which such grants are not available. The principal and interest on such obligations, shall be assessed, levied and collected from the several lots and parcels of land within the District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable real property within the Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations as the same shall become due and payable. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $4,800,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance that portion of said appropriation for which grants are not available. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the Project, being the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 46 of the Law, is twenty (20) 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. -11- Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a)the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only iff (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, -12- 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 resolution shall take effect immediately and the Town Clerk is hereby directed to publish a summary of the foregoing bond resolution, in substantially the form prescribed in Exhibit "A" annexed hereto, in "THE SUFFOLK TIMES," a newspaper published in the Town of Southold, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. The adoption of the foregoing resolution was seconded by Councilman Thomas H. Wickham and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Scott A. Russell, Supervisor; and Justice Lousia P. Evans Albert J. Kruipski, Jr., Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson NOES: None The resolution was declared adopted. Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, AMENDED OCTOBER 21, 2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATING THE AMOUNT OF $11,025,000, INCLUDING THE AMOUNTS OF FUNDS HERETOFORE EXPENDED AND GRANTS EXPECTED TO BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK AND SUCH OTHER SOURCES AS MAY BE AVAILABLE THEREFOR, INCLUDING FUNDS OF THE FISHERS ISLAND FERRY -13- DISTRICT, TO FUND THE ESTIMATED MAXIMUM COST OF THE iNCREASE AND IMPROVEMENT OF THE FACILITIES OF SAID FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF THE SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS AND OTHER FUNDS HERETOFORE EXPENDED ARE NOT AVAILABLE Object or purpose: the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Ferry District ("District"), being the site of the existing ferry terminal in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the existing terminal, including original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminals are to be used, the estimated maximum cost thereof being increased from $10,500,000 to 11,025,000, to be financed to the extent received, by grants from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District; and no additional Town obligations will be issued Period of probable usefulness: twenty (20) years Amount of obligations: not to exceed $4,800,000 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, Town Hall, 53095 Main Road, Southold, New York 11971. Dated: November 21, 2006 Southold, New York -14- CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town, duly called and held on November 21, 2006, 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 tree, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 22nd day of November, 2006. (SEAL) Town Cle& 512475.1 019513 CERT Town of Southold - Letter Board Meeting of November 21, 2006 RESOLUTION 2006-920 ADOPTED Item # 35 DOC ID: 2326 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-920 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21, 2006: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, AMENDED OCTOBER 21, 2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATiNG THE AMOUNT OF $11,025,000, iNCLUDiNG THE AMOUNTS OF FUNDS HERETOFORE EXPENDED AND GRANTS EXPECTED TO BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK AND SUCH OTHER SOURCES AS MAY BE AVAILABLE THEREFOR, iNCLUDING FUNDS OF THE FISHERS ISLAND FERRY DISTRICT, TO FUND THE ESTIMATED MAXIMUM COST OF THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF SAID FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF THE SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS AND OTHER FUNDS HERETOFORE EXPENDED ARE NOT AVAILABLE. Generated November 28, 2006 Page 73 Town of Southold - Lette~ Board ~eeting of November 21, 2006 Recitals WHEREAS, following the receipt of a certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "Commissioners," "District" and "Town," respectively), in the County of Suffolk, New York and the Petition of said Board of Commissioners, each dated June 18, 2001 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town (herein called the '~Fown Board") call a public hearing to consider the increase and improvement of the facilities of the District as hereinafter described (defined as the "Project" in the Recitals hereof), at the estimated maximum cost of $8,000,000, including the mount of $1,090,000 from the TEA-21 Program (Transportation Equity Act for the 21st Century) of the United States, in addition to the amount heretofore approved; up to $5,500,000 expected to be received from the United States Department of Transportation; up to $3,000,000 expected to be received from the Federal Highway Administration ("FHWA"), the United States Department of Homeland Security, and/or HUD for urban renewal purposes; and up to $2,000,000 expected to be received fi'om the State of New York; and to finance that portion of such cost for which such grants are not available by the issuance of Town obligations in the principal amount of not to exceed $4,800,000, pursuant to the applicable provisions of the Local Finance Law, the aggregate principal amount which the Town Board may borrow and so issue obligations having been heretofore authorized and increased from $500,000 to $5,000,000 pursuant to the resolution adopted by the Town Board on August 15, 2000, subject to permissive referendum; and WHEREAS, following the public hearing duly called and held on July 17, 2001 and further continued on July 31, 2001, and all persons interested in the subject matter thereof have been heard and following the close of such public hearing, as so continued, the Town Board Generated November 28, 2006 Page 74 Town of Southold - Letter Board Meeting of November 21, 2006 has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on July 31, 2001, that it is in the public interest to so increase and improve the facilities of the District and has ordered that the facilities be so increased and improved, at the estimated maximum cost of $8,000,000 and that Docko, Inc., licensed engineers, prepare specifications and an estimate of the cost and, with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor to be presented to the said Board of Commissioners as soon as possible; and WHEREAS, the estimated maximum cost of the Project was originally determined by the Board of Commissioners to be $8,000,000, but as a result of increased costs of labor and materials and other related costs, the Board of Commissioners determined that the estimated maximum cost of the Project had increased to the amount of $10,500,000, and it is in the best interests of the District to increase the total amount authorized to be expended for the Project by $2,500,000, from the original estimated maximum cost of $8,000,000 to the revised estimated maximum cost of $10,500,000; and WHEREAS, said proposed increase in the estimated maximum cost of the Project has been funded from additional grant proceeds received from the FHWA and the United States Department of Homeland Security; and WHEREAS, pursuant to the Petition of the Board of Commissioners and the Order adopted by the Town Board on September 23, 2003, a public heating was held by the Town Board on October 7, 2003 to consider the proposed increase in the estimated maximum cost from $8,000,000 to $10,500,000; and following such public heating, the Town Board adopted a Resolution and Order After Public Heating dated October 7, 2003, which authorized the increase in the estimated maximum cost of the Project; and thereafter the bond resolution Generated November 28, 2006 Page 75 Town of Southold - Board ~eting of November 21, 2006 adopted on July 31, 2001 as amended to reflect the increase in the estimated maximum cost of the Project; and WHEREAS, due to additional work being performed to complete the Project, the Commissioners have adopted a resolution implemented by a petition, each signed by the Commissioners requesting that the Town Board call a public hearing to consider an increase in the maximum cost of the Project from the revised estimate of $10,500,000 to the new revised estimate of $11,025,000; and WHEREAS, pursuant to the Order Calling Public Hearing To Be Held On November 21, 2006, the Town Board has held a public hearing on November 21, 2006 and thereafter adopted the Resolution And Order After Public Heating which, inter alia, authorized the maximum amount to be expended for the Project to be increased from $10,500,000 to $11,025,000 to be funded from grants expected to be received from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District, provided that no additional obligations of the Town will be issued to finance such increase in cost; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local govermnental entities having jurisdiction in this matter, the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant Generated November 28, 2006 Page 76 Town of Southold - Letter Board Meeting of November 21, 2006 adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 1N THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates and authorizes the expenditure of $11,025,000, including the amounts of grants (i) heretofore received and (ii) expected to be received fi.om the United States and from the State of New York and such other sources as may be available therefore, including current funds for the Ferry District; for the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal areas, including said building, to be approximately double the size of the former terminal, all as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, by Docko, Inc., licensed engineers, as amended, on file in the office of the District and in the office of the Town Clerk, as well as original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called the "Project"). The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $11,025,000 and the Generated November 28, 2006 Page 77 Town of Southold - Lett~ Board ~eting of November 21, 2006 plan of financing includes, in addition to the funds heretofore expended for the Project, the expenditure of the grants expected to be received from the United States and the State of New York and other sources, as hereinabove referred to in the Recitals hereof, and the issuance of obligations including serial bonds and bond anticipation notes, in the principal amount of not to exceed $4,800,000 to finance that portion of said appropriation for which such grants are not available. The principal and interest on such obligations, shall be assessed, levied and collected from the several lots and parcels of land within the District by the Town Board in the manner provided by law, but if not paid fi.om such source, ail the taxable reai property within the Town shall be subject to the levy of ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principai of and interest on said obligations as the same shall become due and payable. Section 2. Seriai bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $4,800,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance that portion of said appropriation for which grants are not available. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the Project, being the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 46 of the Law, is twenty (20) 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. Generated November 28, 2006 Page 78 Town of Southold - Letter Board Meeting of November 21, 2006 The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or mount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Generated November 28, 2006 Page 79 Town of Southold - Lette~ Board ~eeting of November 21, 2006 Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby directed to publish a summary of the foregoing bond resolution, in substantially the form prescribed in Exhibit "A" annexed hereto, in "THE SUFFOLK TIMES," a newspaper published in the Town of Southold, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001, AMENDED OCTOBER 21, 2003, AND FURTHER AMENDED NOVEMBER 21, 2006, APPROPRIATING THE AMOUNT OF $11,025,000, INCLUDING THE AMOUNTS OF FUNDS HERETOFORE EXPENDED AND GRANTS EXPECTED TO BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK AND SUCH OTHER SOURCES AS MAY BE AVAILABLE THEREFOR, INCLUDING FUNDS OF THE FISHERS ISLAND FERRY DISTRICT, TO FUND THE ESTIMATED MAXIMUM COST OF THE INCREASE AND Exhibit A Generated November 28, 2006 Page 80 Town of Southold - Letter Board Meeting of November 21,2006 IMPROVEMENT OF THE FACILITIES OF SAID FERRY DISTRICT, AND AUTHORIZING THE ISSUANCE OF THE SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS AND OTHER FUNDS HERETOFORE EXPENDED ARE NOT AVAILABLE Object or purpose: the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Ferry District ("District"), being the site of the existing ferry terminal in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the existing terminal, including original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminals are to be used, the estimated maximum cost thereof being increased from $10,500,000 to 11,025,000, to be financed to the extent received, by grants from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District; and no additional Town obligations will be issued Period of probable usefulness: twenty (20) years Amount of obligations: not to exceed $4,800,000 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, Town Hall, 53095 Main Road, Southold, New York 11971. Dated: November 21, 2006 Southold, New York Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] Generated November 28, 2006 Page 81 Town of Southold - Lett~I~ Board ~eeting of November 21, 2006 blOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated November 28, 2006 Page 82 Town of Southold - Letter Board Meeting of November 21, 2006 RESOLUTION 2006-919 ADOPTED Item # 34 DOC ID: 2325 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-919 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21, 2006: 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, in said Town, on the 21st day of November, 2006. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice Albert J. Krupski, Jr., Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson In the Matter of the Increase in the maximum cost of the construction of a new and expanded ferry terminal for the Fishers Island Ferry District, in New London, Connecticut RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, following receipt of certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "District" and "Town", respectively), in the County of Suffolk, New York, and the Petition of said Board of Commissioners, each dated October 24, 2006 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town Generated November 28, 2006 Page 68 Town of Southold - Lett{~I~ Board~eeting of November 21, 2006 (herein called "Town Board"), call a public hearing to consider the increase in the maximum cost of the increase and improvement of the facilities of the District, described as the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the former ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building, to be approximately double the size of the former terminal, all as more fully described by in the "Preliminary Engineering Report," dated May 31, 2001, prepared Docko, Inc., licensed engineers, on file in the office of the District and the office of the Town Clerk of the Town, as well as original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called "Project"), from the revised estimated maximum cost of $10,500,000, to the new revised estimated maximum cost of $11,025,000 said increase, to be financed from grants expected to be received from the United States and the State of New York and such other sources as may be available therefor, including current funds of the District; no obligations of the Town will be issued; and WHEREAS, on August 15, 2000, the Town Board adopted the resolution, subject to permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from $500,000 to $5,000,000, as authorized pursuant to Section 4 of Chapter 699 of the New York Laws of 1947, as amended, and no valid petition requesting that a referendum be held thereon was submitted; and Generated November 28, 2006 Page 69 Town of Southold - Letter Board Meeting of November 21, 2006 WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, including the Connecticut Department of Environmental Protection, the U.S. Army Corps Of Engineers and said City of New London (copies of which are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of the Town), the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; and WHEREAS, pursuant to the Order Calling Public Hearing, adopted November 8, 2006, a public hearing to consider proposed increase in the cost of the Project was duly held by the Town Board on the 21st day of November, 2006, at 5:15 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, and considerable discussion on the matter has been had and all persons desiring to be heard have been heard concerning the subject matter of the above referenced public hearing, including those in favor of and those in opposition to the Project and the financing thereof; NOW, THEREFORE, in consideration of the information given at such hearing, it is hereby Generated November 28, 2006 Page 70 Town of Southold - Lett~I~ Board~eeting of November 21, 2006 DETERMINED, that it is in the public interest to increase the estimated maximum cost of said increase and improvement of the facilities of the District, as hereinabove described and referred to as the Project, from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of$11,025,000 and to finance such cost fi.om said grants and such other funds as may be available, including current funds of the District, provided, however, no obligations of the Town will be issued therefor, all as hereinabove referred to, and it is hereby ORDERED, that the estimated maximum cost of the increase and improvement of the facilities of the District shall be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated cost of $11,025,000 as hereinabove prescribed and, further that the Engineer heretofore retained by the Board of Commissioners of the District shall prepare specifications and make careful estimates of the expense for the Project at a cost not to exceed $11,025,000 and, with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimates and proposed contract(s) shall be presented to said Board of Commissioners as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing the estimated maximmn cost of the Project to the extent not provided by such grants and/or other sources, shall be financed from current funds of the District, but if not fully or partly paid from such sources, all the taxable property within the District, and, if necessary, the Town, shall be subject to the levy of ad valorem taxes as authorized by law, sufficient to pay all or the balance of such new revised estimated maximum cost; and it is hereby Generated November 28, 2006 Page 71 Town of Southold - Letter Board Meeting of November 21, 2006 FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIHOUS] HOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated November 28, 2006 Page 72 Minutes of the Meeting Of the Board of Commissioners Of the Fishers Island Ferry District R~.CENED I~OV 2 0 2006 $outho~d Town Clerk A Public Informational Hearing for the purpose of increasing the appropriated budget figures for the New London Terminal Project and also a Public Hearing for increasing the 2007 Budget of the Board of Commissioners of the Fishers Island Ferry District was held in the Fishers Island School Saturday, November 18, 2006, at 10:00 AM. Present were Commissioners Burnham, DuPont, Giles and Esser: Manager, T. Doherty. These minutes were taken and taped by Manager Doherty. Community Members present: P. Gaillard, L. Evans, K. Edwards, B. Bryant, R. Parsons, S. Parsons, R. Sturgis, K. Sturgis, E. Middleton, H. Van Ooosten, B. Hoch, K. Heath Chairman duPont opened the meeting, noting a quorum of the Commissioners. He asked Manager Doherty to read the Public Hearing Notice, which was done. A copy of such notice is included in these minutes. A request from K. Edwards to have the meeting on tape was received and the meeting was paused while a tape recording machine was put into service. Meeting resumed at 10:15 with a tape recording device in place and recording. Chairman duPont rendered a summation of the Appropriations from the New London Terminal Project explaining that the total of $10.5 million originally set in September, 2003 included pre construction costs from as far back as 1991. The newly proposed $11,025,000 reflected the entire scope of the project and since the project is basically completed, the Commission feels strongly that the costs will not exceed this figure. The reason for the 5% increase is the completion of paperwork necessary to complete the grant process, which is mandated by the CTDOT. No further bonding or grant applications will be necessary. The Chairman then opened the floor for questions: B. Bryant: Noticed that the entire additional amount of $525,000 is in the Additional Costs line of the budget. What happened to the Guaranteed Maximum Price promised by the Downes Company at the beginning of the project? C. duPont: The GMP fi'om the Downes Company is located in the Hard Costs line of the budget. The actual cost of construction was guaranteed and indeed came in on budget. Extended pre-permit engineering and a lengthy workload of the NICET inspector to complete his inspections and submit his paperwork to the CDOT in order for our grant monies to be approved has caused the increase in costs. B. Bryant: Is that the NYDOT or the CTDOT? C.duPont: That is the CTDOT. Although the grants are Federal, because the project is located in Connecticut, the CTDOT is in charge of distributing our grants. The NICET inspector is responsible for submitting the necessary paperwork to the CTDOT in order for us to receive our final grant payments. Because we are at the end of the project, a lot of the change orders have accumulated to the final stages. These change orders are now being tallied up and must be approved by the inspector. When the Board initially set the $10.5 million budget it was not expected that the NICET inspector would continue on as long as he has, however, it is a process that we must complete in order to receive funding. B. Bryant: What about the $350,000 contingency fund? What happened to that? C. duPont: It has already been used up in finishing the project which is now substantially completed. Please remember that just because we are raising the appropriations to $11,025,000, that doesn't mean that we will spend that amount. B. Bryant: How much do you currently owe on the project? C. duPont: The balance due for the project is $289,000 of which $231,000 is reimbursable to the District. There is also an outstanding invoice for $59,000 which is due to the Nicet inspector, who has not been paid for the last four months and won't be paid until this Appropriation request is granted. I guess that makes the total owed somewhere around $120,000. K. Edwards: Will the District need to apply for additional grants? C. duPont: There is no need to apply for any additional grants or additional bonding. K. Edwards: Can the additional monies be spent for anything besides the project, such a fines or anything else? C. duPont: No, this appropriation is for the New London Terminal project only. B. Bryant: Do you have additional grants available? P. Giles: No, there may be additional grants out there, but none that we can tap. As a result of9/11, we also have our Homeland Security Grant that we are waiting to receive. K. Edwards: How much is the Homeland Security grant? T. Doherty: We had initially filed for $350,000, however at projects end we were approved for $265,000. We expect to receive the payment by the end of the year; the final paperwork was just submitted last month. H. Van Oosten: Is this appropriations estimate higher that the bills expected? C. duPont: Yes, we certainly hope so, although we thought that in our past appropriations. H. Van OOstan: How much more do you plan on spending on the project? C. duPont: Hopefully about $130,000. Depending on the final tally for the Nicet inspector. G. Esser: The Nicer inspector is primarily just for the paperwork. The CTDOT relies on the Nicer inspector to provide the necessary information regarding the project and it seems just to go on and on and on. Obviously the Nicet inspector must be continually paid in order to bring the project to conclusion. R. Parsons: How many bonds do you have outstanding? C. duPont: We currently have two bonds, one long term for $3 million and a short term BAN for approximately $1.4 million. B. Bryant: Does the District have any other bond service other that the New London project? P. Giles: That is correct; we do not have any other debt service. We may have post construction debt, but nothing as of now. B. Bryant: Does that mean you expect future debt? G. Esser: We do not plan on any future extended debt. B. Bryant: So this is really a "check writing bump" as opposed to a debt problem? P. Giles: Yes, there must be a limit on the spending for the project, it doesn't mean that we will spend the entire $11,025,000, but we must establish an upper limit. K. Edwards: Is the building completed? I understand that there are some leaks. C duPont: The building is completed, but leaks have not been corrected. We have water coming through the louvers on a very windy day. The problem is being addressed. K. Edwards: When the building is completed will there be an open house. I would love to walk through the building. I've been in there, however, I couldn't get to the second or third floors and I would love to see them. C. duPont: Well there isn't much to see on the third floor, but we hope to be having an open house once the few remaining problems are resolved. Any further questions? Hearing none, I will close the meeting and proceed with a vote: The following resolution was MOVED by Chairman duPont and SECONDED by Commissioner Esser: The Board of Commissioners hereby request the limit of Appropriations for the New London Terminal project be raised from $10,500,000. to $11,025,000. Ayes: Commissioners Burnham, duPont, Esser and Giles. Nays: None Meeting adjourned at 10:35 AM Thomas F. Doherty District Manager/Secretary DELAFIELD &WOOD LLP (212) 820-9416 November 20, 2006 NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES Town of Southold, New York Fishers Island Ferry District - Increase and Improvement of Facilities Our File Designation: 2615/19513 Kieran Corcoran, Esq. Assistant Town Attorney Town of Southold 51375 Route 25 Southold, New York 11971 Dear Kieran: In advance of the November 21st Town Board Meeting, I have prepared and send to you at this time draft documents for the increase in the estimated maximum cost of the construction of the new ferry terminal at the Fishers Island Ferry District as follows; The draft Extract of Minutes of the Town Board meeting to be held on November 21st showing the minutes of the Public Hearing and adoption of the Resolution and Order After Public Hearing and the amended Bond Resolution; the Bond Resolution is to be adopted by a two-third (2/3) vote of the entire Town Board. The requisite summary of the Bond Resolution is annexed thereto as Exhibit "A" The Resolution and Order After Public Hearing is to be recorded in the office of the Suffolk County Clerk within ten (10 days after adoption thereby providing a thirty day period for the filing of an action to review by Certiorari. Following its adoption, the Bond Resolution is to be published, in summary, in the official Town newspaper ("THE SUFFOLK TIMES"), together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law. This publication commences a 20 day statute of limitations pursuant to Section 80.00 et. seq. of the Law. May I ask that, after the Public Hearing, you obtain and forward to me a certified ~'copy of the Extract of Minutes, the Resolution and Order After Public Heating with proof of due~ recording attached, and an original Affidavit of Publication,"' 512475.1 019513 CERT Should you have any questions, please do not hesitate to call me at your convenience. Thanking you and with kind regards, I am Sincerely yours, GF:eml Enclosure Gerard Fernandez, Jr. 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 (631i 765-6145 Telephone (631) 765-1800 southoldtown,northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 17, 2006 Town of Southold, New York $11,025,000 Serial Bonds Increase for the Fishers Island Ferry District Terminal Our File Designation: Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Enclosed find the legal notice that was published in the Suffolk Times, the Town Clerk certifications, and original affidavit of publication, two (2) signed and sealed copies of the Order calling public heating, a piece of the FIFD mailing that was sent, certified resolution, certification of posting on Fishers Island, and certification of resolution. If there is anything else you require for your files, please contact me at the Town Clerk's office. V~,ry truly yours, Lynda M Bohn Deputy Town Clerk Eric Cc: John Cushman, comptroller Town Attorney #8102 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 week(s), successively, commencing on the 9th .day of('/'~'~/~-~--N°vember' 2006. ,,~~_~// _ Principal Clerk Sworn to before me this 2006 /--~ day of //~/~' ' ~l LINSKI ,.,n ..... NA VO NOTARY p~BLIC-STATE OF NEW YORK No. 01.V06105050 cemrnll,ion axl~l~e~ ~el~um¥ ~B, ~00~ BY ORDER OF THE TOWN BOARD OF ~l~lB TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK ~So~m~ l~m Clerk Fishers Island Ferry District Fishers Island, NY NOTICE OF PUBLIC HEARING The Fishers Island Ferry District will hold a PUBLIC HEARING on Saturday, November 18th, 10:00 AM at the Fishers Island School. The Board of Commissioners of the Fishers Island Ferry District has determined that the estimated maximum cost of the New London Terminal Project has risen from an estimated $10,500,000.00 on August 28, 2003 to a new estimated cost of$11,025,000.00 on October 19, 2006. Funding for the project from Town obligations, originally authorized by Town Board approval not to surpass $4,800,000.00, will not be changed as a result of the increase in the overall project. Necessary increased funding will be derived from additional grant proceeds from the Department of Transportation and the Department of Homeland Security. The Board of Commissioners of the Fishers Island Ferry District has also determined that the 2007 Budget, approved on August 18, 2006, must be increased to include additional debt service for the New London Terminal Project, as well as funding for an FAA sponsored airport project. The new proposed 2007 budget total is $3,204,075.00, raised from an approved 2007 total of $2,738,000.00, an increase of $466,075.00. The purpose of the heating is to hear all persons interested in the subject of increasing the maximum cost of the New London Temdnal Project from $10,500,000.00 to the new estimate of$11,025,000.00 as well as to speak to the increased changes of the 2007 budget. Minutes taken at the meeting will be forwarded to the Town Board for review. The Southold Town Board will then hold an additional Public Hearing at their November 21, 2006 regularly scheduled monthly meeting. STATE OF NEW YORK ) COUNTY OF SUFFOLK ): ss: TOWN OF SOUTHOLD ) I,e'~/~t~,aa'~"k.S~'t,e? Secretary of the Fishers Island Ferry District, in the Town of Southold, in the County of Suffolk do HEREBY CERTIFY that I have compared the foregoing copy of the Resolution adopted by the Board of Commissioners of said Ferry District on November ~(972006 with the original thereof now on file in my office, and that the same is a correct and true transcript of such original Order and of the whole thereof. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said District this /i/~day of November, 2006. STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss: TOWN OF SOUTHOLD ) Thomas Doherty, Manager of the Fishers Island Ferry District, Town of Southold, in the County of Suffolk, New York, being duly sworn, says that he is over the age of twenty-one years; that on the /0 ~day of November, 2006, he affixed a certified copy of the Notice Calling Public Hearing of which the annexed copy is a true and complete copy, in a proper and substantial manner, in the following five (5) public places within Fishers Island Ferry District, in the Town of Southold: Sworn to before me this day of November, 2,~6. Notary PubliO, State of~ew York ~) ..N0~ public $tale of N0w ¥01~ C~ ~ ~1~1, o STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss: TOWN OF SOUTHOLD ) Thomas Doherty, Manager of the Fishers Island Ferry District, Town of Southold, in the County of Suffolk, New York, being duly sworn, says that he is over the age of twenty-one years; that on the/d (~'day of November, 2006, he affixed a certified copy of the Notice Calling Public Hearing of which the annexed copy is a tree and complete copy, in a proper and substantial manner, in the following five (5) public places within Fishers Island Ferry District, in the Town of Southold: Sworn to before me this /t~,tt4. ~I~Fe~~ day of November, 2006. lic, State of New York ESJ UARY B PANKIEWICZ Nota~/Publk: State of New York No 52-8267950 Commission Expires ~ls~l~ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, at 5:15 o'clock P.M. (Prevailing Time), on November 21, 2006, for the purpose of conducting a public hearing to consider the proposed increase in the estimated maximum cost of the construction of the new and expanded ferry terminal for the Fishers Island Ferry District, in New London Connecticut. It is proposed that the estimated maximum cost of such project be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000. The increase in the estimated maximum cost of the project is expected to be financed by grants from the United States and the State of New York and such other sources as may be available therefore, including current funds of the Ferry District; no obligations of the Town will be issued therefor. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. FURTHER NOTICE IS HERE BY GIVEN that the Board of Ferry Commissioners will meet on November 18t~ at 10:00 o'clock A.M. at the Fishers Island School Building for the purpose of holding an informational public hearing to consider the proposed increase in the estimated maximum cost of said new and expanded ferry terminal, as described above. At said hearing the Board of Ferry Commissioners will hear all persons interested in said matter thereof concerning the same. Dated: November 8, 2006 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK ) COUNTY OF SUFFOLK ): ss: TOWN OF SOUTHOLD ) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, being duly sworn, says that she is over the age of twenty-one years; that on the ~3m day of November, 2006, she affixed a certified copy of the Notice Calling Public Heating of which the annexed copy is a true and complete copy, in a proper and substantial manner, on the sign board of the Town, maintained pursuant to Subdivision six of Section 30 of the Town Law, and that she forwarded five (5) copies to be displayed in public places within Fishers Island Ferry District, in the Town of Southold: Sworn to before me this day of November, 2006. Not~ Public, State of New York LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Oualified in Suffolk County Term Expires March 8, 20 ~ STATE OF NEW YORK COUNTY OF SUFFOLK ss: ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That on the date of execution of this affidavit she is and at all other times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold (hereinafter referred to as "Town"), in the County of Suffolk, State of New York; That on November 9, 2006, she caused to be mailed via prepaid first class mail addressed to the last known ad&ess of each of the owners of real property within the Fishers Island Ferry District, in the Town, as shown upon the latest completed and filed Special Assessment Roll of the Town, a true and complete copy of the Notices Calling Public Hearing attached hereto and made a part hereof. Subscribed and sworn to before me this C[~day of November, 2006. ']qotary(/Public, State of New York LYNDA M. BOHN NOTARY PUBLIC, State of New Yorl~ No. 01BO6020932 ~ualified In Suffolk Count~ Term Expires March 8, 20 ~ PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice Albert J. Krupski, Jr., Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson In the Matter of the A regular meeting~[' the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 8th day of November, 2006. ORDER CALLING PUBLIC HEARING TO BE HELD ON NOVEMBER 21, 2006 Increase in the maximum cost of the construction of a new and expanded ferry terminal for the Fishers Island Ferry District, in New London, Connecticut WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Board" and the "Ferry District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted and subscribed by each of the members of the Board as of October 24, 2006 and, together with the petition in due form, duly submitted to the Town Board (the "Town Board") of the Town (certified copies of such resolution and petition are attached hereto and made a part hereof), has requested the Town Board to call a public heating to hear all persons interested in the subject thereof, being the increase in the maximum cost of the construction of the new and expanded ferry terminal on the land heretofore acquired and now owned by the District, being the site of the former ferry terminal in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building to be approximately double the size of the existing terminal all as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, prepared by Docko, Inc., licensed engineers, and the addendum thereto dated September 19, 2003 prepared by the District, showing the revised costs, on file in the office of the District and the office of the Town Clerk of the Town, and the Resolution and Order After Public Hearing adopted by the Town Board on October 7, 2003, as well as the original furnishings, equipment, machinery and apparatus required for'~g[e purposes therefor (herein called th~"'Project"), the estimated maximum cost thereof having been increased from $10,500,000 to $11,025,000, to be paid from grants expected to be received from the United States and/or the State of New York and funds from such other sources as may be available, including current funds of the District. No additional indebtedness shall be incurred therefor; and WHEREAS, the Town Board has complied with all procedures requisite to ensuring that the Project will have no significant adverse impact upon the environment and permits for construction of the Project have been applied for and obtained from all known necessary agencies, including the Connecticut Department of Environmental Protection, the U.S. Army Corps. of Engineers and said City of New London and copies of such permits are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of the Town; and WHEREAS, the Town Board in the role of Lead Agency, has undertaken the requisite proceedings pursuant to the New York State Environmental Quality Review Act ("SEQRA") and has determined that the Project is an Unlisted Action thereunder having no significant adverse impact upon the environment and, further, has issued a Negative Declaration and filed same with the Town Clerk. NOW THEREFORE, IT IS ORDERED, that a public hearing be held by the Town Board on the 21st day of November, 2006, at 5:15 o'clock P.M. (Prevailing Time), at the Southold Town Hall, 53095 Main Road, in the Town of Southold, to consider the proposed increase in the estimated maximum cost of the Project from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000, as hereinabove referred to; said increase in the estimated maximum cost is expected to be financed by grants from the United States and the Sate of New York and such other sources as may be available therefor, including current funds of the District. No obligations of the Town will be issued; and it is FURTHER ORDERED that all persons desiring to be heard concerning the subject matter of the above referenced public heating will be given an opportunity to be heard at the time and place aforesaid; and, it is FURTHER ORDERED that the Town Clerk shall cause a copy of the Notice of Public Heating in substantially the form prescribed in Exhibit "A" attached hereto and made a part hereof, (i) to be published once in "THE SUFFOLK TIMES", a newspaper published in Mattituck,"h~ving a general circulation within the T~wn of Southold, (ii)to be posted the sign board of the Town and in five cgnspicuous public places within the District, and, (iii) to be mailed by first class mail to each owner of real property in the District subject to the assessment, levy and collection of amounts to pay any portion of such increase in the estimated maximum cost, including payment of amounts equal to the principal of and interest on obligations heretofore issued when due and payable, such publication, such posting and such mailing to occur not less than ten (10) nor more than twenty (20) days prior to such public hearing. TOWN BOARD OF THE TOWN OF SOUTH/~]i~ Hon. Scott A. l~ussell, Supervisor ~Just(~'~-~--- Alber~ ~fiCrupsl~?., Co~]n~erson/ om&W 7 SC rson Daniel C. Ross, Councilperson (SEAL) Dated: Southold, New York November 8, 2006 Members of the Town Board of the Town of Southold Exhibit A LEGALNOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, at 5:15 o'clock P.M. (Prevailing Time), on November 21, 2006, for the purpose of conducting a public hearing to consider the proposed increase in the estimated maximum cost of the construction of the new and expanded ferry terminal for the Fishers Island Ferry District, in New London Connecticut. It is proposed that the estimated maximum cost of such project be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000. The increase in the estimated maximum cost of the project is expected to be financed by grants from the United States and the State of New York and such other sources as may be available therefore, including current funds of the Ferry District; no obligations of the Town will be issued therefor. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. FURTHER NOTICE IS HERE BY GIVEN that the Board of Ferry Commissioners will meet on November 18th at 10:00 o'clock A.M. at the Fishers Island School Building for the purpose of holding an informational public hearing to consider the proposed increase in the estimated maximum cost of said new and expanded ferry terminal, as described above. At said hearing the Board of Ferry Commissioners will hear all persons interested in said matter thereof concerning the same. Dated: November 8, 2006 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK ELIZABETH A. NEVILLE Southold Town Clerk Town of Southold - Letter Board Meeting of Nov~ee~e:~8,2006 RESOLUTION 2006-881 ADOPTED Item # 44 DOC ID: 2289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-881 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 8, 2006: A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 8th day of November, 2006. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice Albert J. Krupski, Jr., Councilperson Thomas H. Wickham, Councilperson William P. Edwards, Councilperson Daniel C. Ross, Councilperson In the Matter of the Increase in the maximum cost of the construction of a new and expanded ferry terminal for the Fishers Island Fexry District, in New London, Connecticut ORDER CALLING PUBLIC HEARING TO BE HELD ON NOVEMBER 21, 2006 WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Board" and the "Ferry District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted and subscribed by each of the members of the Board as of October 24, 2006 and, together with the petition in due form, duly submitted to the Town Board (the "Town Board") of the Town (certified copies of such resolution and Generated November 9, 2006 Page 53 Town of Southold - Lett~I~ Boar~eeting of November 8, 2006 petition are attached hereto and made a part hereof), has requested the Town Board to call a public hearing to hear all persons interested in the subject thereof, being the increase in the maximum cost of the construction of the new and expanded ferry terminal on the land heretofore acquired and now owned by the District, being the site of the former ferry terminal in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and adminislration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal area, including said building to be approximately double the size of the existing terminal all as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, prepared by Docko, Inc., licensed engineers, and the addendum thereto dated September 19, 2003 prepared by the District, showing the revised costs, on file in the office of the District and the office of the Town Clerk of the Town, and the Resolution and Order After Public Hearing adopted by the Town Board on October 7, 2003, as well as the original furnishings, equipment, machinery and apparatus required for the purposes therefor (herein called the "Project"), the estimated maximum cost thereof having been increased from $10,500,000 to $11,025,000, to be paid from grants expected to be received from the United States and/or the State of New York and funds from such other sources as may be available, including current funds of the District. No additional indebtedness shall be incurred therefor; and WHEREAS, the Town Board has complied with all procedures requisite to ensuring that the Project will have no significant adverse impact upon the environment and permits for construction of the Project have been applied for and obtained from all known necessary agencies, including the Connecticut Department of Environmental Protection, the U.S. Army Corps. of Engineers and said City of New London and copies of such permits are available for inspection in the office of the Secretary of said Board of Commissioners, and in the office of the Town Clerk of the Town; and WHEREAS, the Town Board in the role of Lead Agency, has undertaken the requisite proceedings pursuant to the New York State Environmental Quality Review Act ("SEQRA") and has determined that the Project is an Unlisted Action thereunder having no Generated November 9, 2006 Page 54 Town of Southold - Letter Board Meeting of November 8, 2006 significant adverse impact upon the environment and, further, has issued a Negative Declaration and filed same with the Town Clerk. NOW THEREFORE, IT IS ORDERED, that a public heating be held by the Town Board on the 21st day of November, 2006, at 5:15 o'clock P.M. (Prevailing Time), at the Southold Town Hall, 53095 Main Road, in the Town of Southold, to consider the proposed increase in the estimated maximum cost of the Project from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000, as hereinabove referred to; said increase in the estimated maximum cost is expected to be financed by grants from the United States and the Sate of New York and such other sources as may be available therefor, including current funds of the District. No obligations of the Town will be issued; and it is FURTHER ORDERED that all persons desiring to be heard concerning the subject matter of the above referenced public heating will be given an opportunity to be heard at the time and place aforesaid; and, it is FURTHER ORDERED that the Town Clerk shall cause a copy of the Notice of Public Heating in substantially the form prescribed in Exhibit "A" attached hereto and made a part hereof, (i) to be published once in "THE SUFFOLK TIMES", a newspaper published in Mattituck, having a general circulation within the Town of Southold, (ii) to be posted the sign board of the Town and in five conspicuous public places within the District, and, (iii) to be mailed by first class mail to each owner ofreai property in the District subject to the assessment, levy and collection of amounts to pay any portion of such increase in the estimated maximum cost, including payment of amounts equal to the principal of and interest on obligations heretofore issued when due and payable, such publication, such posting and such mailing to occur not less than ten (10) nor more than twenty (20) days prior to such public heating. Exhibit A LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, at 5:15 o'clock P.M. (Prevailing Time), on November 21, 2006, for the purpose of Generated November 9, 2006 Page 55 Town of Southold - Lett~I~ Boar~eeting of November 8, 2006 conducting a public hearing to consider the proposed increase in the estimated maximum cost of the construction of the new and expanded ferry terminal for the Fishers Island Ferry District, in New London Connecticut. It is proposed that the estimated maximum cost of such project be increased from the revised estimated maximum cost of $10,500,000 to the new revised estimated maximum cost of $11,025,000. The increase in the estimated maximum cost of the project is expected to be financed by grants from the United States and the State of New York and such other sources as may be available therefore, including current funds of the Ferry District; no obligations of the Town will be issued therefor. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same. FURTHER NOTICE IS HERE BY GIVEN that the Board of Ferry Commissioners will meet on November 18th at I0:00 o'clock A.M. at the Fishers Island School Building for the purpose of holding an informational public hearing to consider the proposed increase in the estimated maximum cost of said new and expanded ferry terminal, as described above. At said heating the Board of Ferry Commissioners will hear all persons interested in said matter thereof concerning the same. Dated: November 8, 2006 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK ELIZABETH Southold Town Clerk A. NEVILLE Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski .Ir., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated November 9, 2006 Page 56