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
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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
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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
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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
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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
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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.
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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,~~ ~
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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