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HomeMy WebLinkAboutAnimal Shelter Nda ~ ~t L'n ~ ~ i. - le 1O m vk' ~ aN No. 6R-1 55,224,000ut/ 6 ~ UNITED STATES OF AMERICA ~ " STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD ,l'd BOND ANTICD?ATION NOTE FOR VARIOUS PURPOSES-2010 The Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York, hereby acknowledges itself indebted and for value received promises to pay to JPMorgan Chase Bank, N.A., Melville, New York, as ~ registered owneq the sum of FIVE MILLION TWO HUNDRED TWENTY-FOUR THOUSAND DOLLARS (SSZ24,000) on the 2nd day of Septembeq 2011, together with interest thereon from the date hereof at the rate of fiftysight hundredths per centum (0.58°/.) per annum, payable at maturity. Both principal of and interest on this Note will be paid in lawful money of the United States of America, at JPMorgan Chase Bank, N.A., Melville, New York. Both principal of and interest on this No[e shall be payable only to the registered holder, his legal ~ fl``~ representatives, successors or transferees. This Note shall be transferable only upon presentation to such Town Clerk with a _ _S;~. written transfer of title and such Town Clerk shall thereupon register this Note in the name of the transferee in his books and shall -~~7 endorse a certificate of such registration hereon. Such transfer shall be dated, and signed by the registered holder, or his legal representatives, and it shall be duly acknowledged or proved, or in the alternative the signature thereto shall be certified as to its ' genuineness by an officer of a bank or wst company located and authorized to do business in this State. .yr- I This Note is the only No[e of an authorized renewal issue, the principal amount of which is 55,224,000. ` This No[e is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated b Laws of the State of New York, nine bond resolutions adopted by the Town Board on their respective dates, authorizing the issuance of serial bonds for various purposes in said Town, and the Certificate of Determination executed by the Supervisor on - r September 2, 2010. i I This Note has been designated by the Town as a qualified tax-exempt obligation pursuant to the provisions of Section 265 of the Internal Revenue Code of 1986, as amended. The faith and credit of such Town are hereby irrevocably pledged for the punctual payment of [he principal of and interest on this Note according [o its terms. It is hereby certified and recited that all wnditions, acts and things required by the Constitution and statutes of [he State of New York to exist, to have happened and to have been performed precedent to and in the n~. issuance of this No[e, exist, have happened and have been performed, and that this Note, together with all other indebtedness of ~ i such Town, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this Note to be executed in its name by iu Supervisor, and its corporate seal (or a facsimile thereof) [o be affixed, imprinted, impressed or otherwise reproduced hereon and attested by ' its Town Clerk and this Note to be dated as of the 2nd day of September, 2010.. . _i TO FSOUTHOLD ;,1 (SEAL) .trr v. ,w.,± By Supervisor ~i` ~ ATTEST: m- 'S -'a Town Clerk ,s i ~ ~l w: ~t.~~ z i,~: ter; ' _ " € M, C r N D Wv l0. ~Z, ii S. CERTIFICATE OF DETERMINATION BY THE SUPERVISOR RELATIVE TO AUTHORIZATION, SALE, ISSUANCE, FORM AND CONTENTS OF THE $5,224,000 BOND ANTICIPATION NOTE FOR VARIOUS PURPOSES-2010 OF THE TOWN OF SOUTHOLD, NEW YORK. I, Scott A. Russell, Supervisor of the Town of Southold, New York (herein called the "Town"), HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the chief fiscal officer of the Town, by the Town Boazd of the Town, pursuant to the bond resolutions duly adopted and amended and as referred to in the pazagraphs below and subject to the limitations prescribed in said bond resolutions, I have made the following determinations: 1. A bond anticipation note of the Town in the principal amount of $14,000 shall be issued to renew, in part, the $100,000 bond anticipation note dated September 4, 2009, maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted July 17, 2007, authorizing the construction of improvements to Ryder Farm Lane and Pazk View Lane; stating the estimated maximum cost thereof is $180,000; appropriating said amount therefor, including the expenditure of $30,000 expected to be paid from the proceeds of a separate issue of bonds and $60,000 expected to be received as a reimbursement from the County of Suffolk; and authorizing the issuance of $150,000 serial bonds of said Town to finance a part of said appropriation," duly adopted by the Town Board on the date therein referred to, and the Certificate of Determination executed by the Supervisor on September 4, 2009, the redemption of said $100,000 bond anticipation note having been heretofore provided to the extent of $86,000 from a source other than the proceeds of serial bonds. 2. A bond anticipation note of the Town in the principal amount of $2,389,000 shall be issued to renew, in part, the $2,580,000 bond anticipation note dated September 4, 2009, maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2005, and amended May 22, 2007 authorizing the construction of a new Town Animal shelter, in said Town, stating the estimated maximum cost thereof is $3,300,000, appropriating said amount therefor, including the appropriation of $280,000 held in trust and authorizing the issuance of $3,020,000 serial bonds of said Town to finance the balance of said appropriation," duly adopted by the Town Boazd on the date therein referred to, and the Certificate of Determination executed by the Supervisor on September 4, 2009, the redemption of said $2,580,000 bond anticipation note having been heretofore provided to the extent of $191,000 from a source other than the proceeds of serial bonds. 3. A bond anticipation note of the Town in the principal amount of $21,000 shall be issued to renew, in part, the $24,000 bond anticipation note dated September 4, 2009, maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted July 17, 2007, ratifying the appropriation of $30,000 to finance a part of the cost of construction of improvements to certain highways in the Hamlet of Orient, known as Ryder Farm Lane and Park View Lane; stating the estimated maximum cost thereof is $180,000, with $150,000 of said cost expected to be paid from other sources; and authorizing the issuance of $30,000 serial bonds of said Town to finance said $30,000 appropriation," duly adopted by the Town Boazd on the date therein referred to, and the Certificate of Determination executed by the Supervisor on September 4, 2009, the redemption of said $24,000 bond anticipation note having been heretofore provided to the extent of $3,000 from a source other than the proceeds of serial bonds. 4. A bond anticipation note of the Town in the principal amount of $55,000 shall be issued to renew, in part, the $75,000 bond anticipation note dated September 4, 2009, maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted Apri122, 2008, authorizing the acquisition of tax collection software for use by the Town Tax Receiver's Office, at the estimated maximum cost of $75,000; appropriating said amount therefor, and authorizing the issuance of bonds in the principal amount of $75,000 to finance said appropriation," duly adopted by the Town Boazd on the date therein referred to, and the Certificate of Detemunation executed by the Supervisor on September 4, 2009, the redemption of said $75,000 bond anticipation note having been heretofore provided to the extent of $20,000 from a source other than the proceeds of serial bonds. 5. A bond anticipation note of the Town in the principal amount of $315,000 shall be issued to renew, in part, the $590,000 bond anticipation note dated September 4, 2009, maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted June 17, 2008, appropriating $590,000 for the increase and improvement of facilities of the Southold Solid Waste Management District, in said Town, and authorizing the issuance of $590,000 serial bonds of said town to finance said appropriation," duly adopted by the Town Boazd on the date therein referred to, and the Certificate of Determination executed by the Supervisor on September 4, 2009, the redemption of said $590,000 bond anticipation note having been heretofore provided to the extent of $275,000 from a source other than the proceeds of serial bonds. 6. A bond anticipation note of the Town in the principal amount of $280,000 shall be issued to renew, in part, the $379,000 bond anticipation note dated September 4, 2009, maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted July 29, 2008, appropriating $400,000 to pay the cost of acquiring the easterly half of the certain piece of pazcel of land, containing one half of one acre, more or less, situate adjacent to the Town Hall property, and previously acquired by the town pursuant to the eminent domain proceeding (Index No. 06-23054) commenced in the Supreme Court of the State of New York, Suffolk County, on August 3, 2006, and authorizing the issuance of $400,000 serial bonds of said Town to finance said appropriation," duly adopted by the Town Board on the date therein referred to, and the Certificate of Determination executed by the Supervisor on September 4, 2009, the redemption of said $379,000 bond anticipation note having been heretofore provided to the extent of $99,000 from a source other than the proceeds of serial bonds. 7. A bond anticipation note of the Town in the principal amount of $50,000 shall be issued to renew, in part, the $90,000 bond anticipation note dated September 4, 2009 maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted September 9, 2008, appropriating $338,800 for the increase and improvement of facilities of the Mattituck Park District, including the expenditure of $39,000 from the District's operating fund and $100,000 available in the Town's recreation fund to pay a part of said appropriation; and authorizing the issuance of $199,800 serial bonds finance the balance of said appropriation," duly adopted by the Town Board on the date therein referred to, and the Certificate of Determination executed by the Supervisor on September 4, 2009, the redemption of said $90,000 bond anticipation note having been heretofore provided to the extent of $40,000 from a source other than the proceeds of serial bonds. 8. A bond anticipation note of the Town in the principal amount of $1,400,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted Mazch 9, 2010 and amended May 4, 2010, authorizing the construction of improvements to various roads on Fishers Island, including related drainage improvements, stating the estimated maximum cost thereof is $1,400,000, appropriating said amount for such purpose, and authorizing the issuance of $1,400,000 serial bonds of said Town to finance said appropriation," duly adopted by the Town Boazd on the date therein referred to. 9. A bond anticipation note of the Town in the principal amount of $'700,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted June 15, 2010 and amended May 4, 2010, appropriating $700,000 for the improvement of facilities of the Southold Town Wastewater Disposal District, and authorizing the issuance of $700,000 serial bonds of said Town to finance said appropriation," duly adopted by the Town Boazd on the date therein referred to. 10. Said $14,000 note, said $2,389,000 note, said $21,000 note, said $55,000 note, said $315,000 note, said $280,000 note, said $50,000 note, said $1,400,000 and said $700,000 note shall be combined for the purpose of sale into a single note issue in the aggregate principal amount of $5,224,000 (hereinafter referred to as the "Note"). 11. The terms, form and details of said Note shall be as follows: Amount and Title: $5,224,000 Bond Anticipation Note for Various Purposes-2010 Dated: September 2, 2010 Matures: September 2, 2011 Number and Denomination: Number 6R-1, at $5,224,000 Interest Rate per annum: 0.58% Form of Note: Substantially in accordance with form prescribed by Schedule B,2 of the Local Finance Law of the State of New York. 12. The respective amounts of bond anticipation notes originally issued in anticipation of the issuance of the serial bonds authorized pursuant to the bond resolutions referred to in paragraphs 1 to 9, inclusive, hereof, including the Note, aze: (1) $150,000, (2) $2,890,000, (3) $150,000, (4) $75,000, (5) $590,000, (6) $400,000, (7) $199,800, (8) $700,000 and (9) $1,400,000, and the respective amounts of bond anticipation notes which will be outstanding after the issuance of the Note, including said Note, will be: (1) $14,000, (2) $2,389,000, (3) $21,000, (4) $55,000, (5) $315,000, (6) $280,000, (7) $50,000, (8) $1,400,000 and (9) $700,000. 13 The serial bonds authorized pursuant to the resolution referred to in paragraphs 5, 7 and 9 hereof, aze for improvements which are assessable, and the serial bonds authorized pursuant to the resolutions refen•ed to in pazagraphs 1, 2, 3, 4, 6 and 8 hereof, aze for improvements which aze non-assessable. 14. Pursuant to said powers and duties delegated to me, I DO HEREBY AWARD AND SELL said Note to JPMorgan Chase Bank, N.A., Melville, New York, as registered owner, for the purchase price of $5,224,000.00, plus accrued interest, if any, from the date of said Note to the date of delivery thereof, and I FURTHER DETERMINE that said Note shall be payable as to both principal and interest at JPMorgan Chase Bank, N.A., Melville, New York, and shall beaz interest at the rate of fifty-eight hundredths per centum (0.58%) per annum, payable at maturity. 15. The Note shall be executed in the name of the Town by the manual signature of its Supervisor and the corporate seal of the Town will be affixed, imprinted, impressed or otherwise reproduced thereon and attested by its Town Clerk. I HEREBY FURTHER DETERMINE that at the time of the delivery of the Note, and as a condition to such delivery, I shall deliver or cause to be delivered to the financial institution referred to in pazagraph 14 hereof a copy of the Town's Undertaking to Provide Notices of Material Events, executed by the undersigned as chief fiscal officer of the Town, setting forth the Town's written agreement for the benefit of holders of or owners of beneficial interests in the Note, all in conformity with applicable provisions of Rule 15c2-12 of the Securities and Exchange Commission. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Note hereinabove referred to aze in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of September, 2010. Supervisor ~ CLERK'S 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 foregoing copy of the Certificate of Determination executed by the Supervisor and the same is a true and complete copy of the Certificate filed with said Town in my office as Town Clerk on or before the 2nd day of September, 2010, and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Supervisor by the resolutions cited in said Certificate and exercised by the Supervisor has been adopted by said Town Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 2nd day of September, 2010. ~~..ao ~ .D ~i~„ODo Town Clerk (SEAL) f UNDERTAHING TO PROVIDE NOTICES OF MATERIAL EVENTS Section 1. Definitions "EMMA" shall mean Electronic Municipal Mazket Access System implemented by the MSRB. "Holder" shall mean any registered owner of the Securities and any beneficial owner of Securities within the meaning of Rule 13d-3 under the Securities Exchange Act of 1934. "Issuer" shall mean the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York. "MSRB" shall mean the Municipal Securities Rulemaking Boazd established in accordance with the provisions of Section 15B(b)(1) of the Securities Exchange Act of 1934. "Rule 15c2-12" shall mean Rule 15c2-12 under the Securities Exchange Act of 1934, as amended through the date of this Undertaking, including any official interpretations thereof. "Securities" shall mean the Issuer's $5,224,000 Bond Anticipation Note for Various Purposes-2010, dated September 2, 2010, and maturing September 2, 2011, and delivered on the date hereof. Section 2. Obligation to Provide Notices of Material Events. (a) The Issuer hereby undertakes, for the benefit of Holders of the Securities, to provide or cause to be provided either directly or through Munistat Services, Inc., 12 Roosevelt Avenue, Port Jefferson Station, New York 11776 to the Electronic Municipal Mazket Access ("EMMA") System implemented by the Municipal Securities Rulemaking Boazd established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Boazd contemplated by the Undertaking, in a timely manner, notice of any of the following events with respect to the Securities, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; 795749.1033923 CLD (6) adverse tax opinions or events affecting the tax-exempt status of the Securities; (7) modifications to rights of Securities holders; (8) bond calls; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Securities; and (11) rating changes. (b) Nothing herein shall be deemed to prevent the Issuer from providing notice of the occurrence of certain other events, in addition to those listed above, if the Issuer determines that any such other event is material with respect to the Securities; but the Issuer does not undertake to commit to provide any such notice of the occurrence of any material event except those events listed above. Section 3. Remedies. If the Issuer shall fail to comply with any provision of this Undertaking, then any Holder of Securities may enforce, for the equal benefit and protection of all Holders similarly situated, by mandamus or other suit or proceeding at law or in equity, this Undertaking against the Issuer and any of the officers, agents and employees of the Issuer, and may compel the Issuer or any such officers, agents or employees to perform and carry out their duties under this Undertaking; provided that the sole and exclusive remedy for breach of this Undertaking shall be an action to compel specific performance of the obligations of the Issuer hereunder and no person or entity shall be entitled to recover monetary damages hereunder under any circumstances. Failure to comply with any provision of this Undertaking shall not constitute an event of default on the Securities. Section 4. Parties in Interest. This Undertaking is executed and delivered solely for the benefit of the Holders. No other person shall have any right to enforce the provisions hereof or any other rights hereunder. Section 5. Amendments. Without the consent of any holders of Securities, the Issuer at any time and from time to time may enter into any amendments or changes to this Undertaking for any of the following purposes: (a) to comply with or conform to any changes in Rule 15c2-12 (whether required or optional); (b) to change or add a dissemination agent for the notices required to be given hereunder and to make any necessary or desirable provisions with respect thereto; (c) to evidence the succession of another person to the Issuer and the assumption of any such successor of the duties of the Issuer hereunder; 795749.1 033923 CLD (d) to add to the duties of the Issuer for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; or (e) to cure any ambiguity, to correct or supplement any provision hereof which may be inconsistent with any other provision hereof, or to make any other provisions with respect to matters or questions arising under this Undertaking which, in each case, comply with Rule 15c2-12 or Rule 15c2-12 as in effect at the time of such amendment or change; provided that no such action pursuant to this Section 5 shall adversely affect the interests of the Holders in any material respect. In making such determination, the Issuer shall rely upon an opinion of nationally recognized bond counsel. Section 6. Termination. This Undertaking shall remain in full force and effect until such time as all principal, redemption premiums, if any, and interest on the Securities shall have been paid in full or the Securities shall have otherwise been paid or legally defeased in accordance with their terms. Upon any such legal defeasance, the Issuer shall provide notice of such defeasance to the EMMA System. Such notice shall state whether the Securities have been defeased to maturity or to redemption and the timing of such maturity or redemption. Section 7. Undertaking to Constitute Written A~eement or Contract. This Undertaking shall constitute the written agreement or contract for the benefit of Holders of Securities, as contemplated under Rule 15c2-12. Section 8. Governing Law. This Undertaking shall be governed by the laws of the State of New York determined without regard to principles of conflict of law. IN WITNESS WHEREOF, the undersigned has duly authorized, executed and delivered this Undertaking as of September 2, 2010. Town o outhold, New York By Supervisor 795749.1 033923 CLD CERTIFICATES AS TO SIGNATURES, LITIGATION, AND DELIVERY AND PAYMENT WE, the undersigned officers of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York and herein referred to as the "Town," HEREBY CERTIFY that on or before September 2, 2010, we officially signed and properly executed by manual signatures the $5,224,000 Bond Anticipation Note for Various Purposes- 2010 (the "Note") of the Town, payable to JPMorgan Chase Bank, N.A., Melville, New York, as registered owner, and as otherwise described in Schedule A annexed hereto and by this reference made a part hereof, and that at the time of such signing and execution and on the date hereof we were and are the duly chosen, qualified and acting officers of the Town authorized to execute the Note and holding the respective offices indicated by the titles set opposite our signatures hereto for terms expiring on the respective dates set opposite such titles. WE FURTHER CERTIFY that no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of the Note or the levy or collection of any taxes to pay the interest on or principal of the Note, or in any manner questioning the authority or proceedings for the issuance of the Note or for the levy or collection of said taxes, or relating to the Note or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Town nor the title of any of the present officers thereof to their respective offices is being contested, and that no authority or proceedings for the issuance of the Note has or have been repealed, revoked or rescinded. WE FURTHER CERTIFY that the seal which is impressed upon this certificate (or a facsimile thereof) has been affixed, impressed, imprinted or otherwise reproduced upon the Note and is the legally adopted, proper and only official corporate seal of the Town. And I, Scott A. Russell, Supervisor, HEREBY FURTHER CERTIFY that on September 2, 2010, I delivered or caused the delivery of the Note to JPMorgan Chase Bank, N.A., Melville, New York„ the purchaser thereof, and that at the time of such delivery of said Note, the Town received from said purchaser the amount hereinbelow stated, in full payment for said Note, computed as follows: Price ......................................................................................$5,224,000.00 Interest on said Note accrued to the date of such delivery -0- Amount Received ..................................................................$5,224,000.00 795749.1 033923 CLD IN WITNESS WHEREOF, we have hereunto set our hands and said corporate seal has hereunto been affixed this 2nd day of September, 2010. ' afore Term of Office Ex~es Title December 31, 2011 Supervisor ' December 31, 2013 Town Clerk (SEAL) I HEREBY CERTIFY that the signatures of the officers of the above-named Town, which appeaz above, aze true and genuine and that I know said officers and know them to hold the offices set opposite their signatures. John A. Cushman, II Town Comptroller 795749.! 033923 CLD ATTORNEY'S CERTIFICATE I, Martin Finnegan, Esq., HEREBY CERTIFY that I am a licensed attorney at law of the State of New York, and am the duly chosen, qualified and acting Town Attorney of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York and herein referred to as the "Town", that no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of the $5,224,000 Bond Anticipation Note for Various Purposes-2010 (the "Note") of the Town, payable to JPMorgan Chase Bank, N.A., Melville, New York, as registered owner, and as otherwise described in Schedule A annexed hereto and by this reference made a part hereof, or the levy or collection of any taxes to pay the interest on or principal of the Note, or in any manner questioning the authority or proceedings for the issuance of the Note or for the levy or collection of said taxes, or relating to the Note or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Town nor the title of any of the present officers thereof to their respective offices is being contested, and that no authority or proceedings for the issuance of the Note has or have been repealed, revoked or rescinded. I HEREBY FURTHER CERTIFY that there is no controversy or litigation of any nature now pending or threatened by or against the Town wherein an adverse judgment or ruling could have a material adverse impact on the financial condition of the Town or adversely affect the power of the Town to levy, collect or enforce the collection of taxes or other revenues for the payment of the Note, which has not been disclosed in the Official Statement relating to the Note. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of September, Attorney 795749.1 033923 CLD SCHEDULE A Amount and Title: $5,224,000 Bond Anticipation Note for Various Purposes-2010 Dated: September 2, 2010 Matures: September 2, 2011 Number: 6R-1, at $5,224,000 Interest Rate per annum: 0.58% 795749.1 033923 CLD ARBITRAGE AND USE OF PROCEEDS CERTIFICATE I, Scott A. Russell, Supervisor of the Town of Southold, in the County of Suffolk, New York (the "Issuer"), HEREBY CERTIFY and reasonably expect with respect to the issuance of the Issuer's $5,224,000 Bond Anticipation Note for Various Purposes-2010 (herein referred to as the "Note" or "Notes"), dated and issued on September 2, 2010, as follows: Unless the context cleazly requires otherwise, all capitalized terms used but not otherwise defined herein shall have the meanings set forth in Article II hereof or in the Resolutions, the Code or the Regulations (each as defined below). ARTICLE I General 1.1. Authoritv of Si ng story. I am an officer of the Issuer chazged with the responsibility for the execution, delivery, and issuance of the Note and am acting for and on behalf of the Issuer in signing this certificate. 1.2. Purpose of Certificate. This certificate is made for the purpose of establishing evidence of the expectations of the Issuer as of the date hereof as to future events regazding the amount and use of proceeds of the Note. It is intended and may be relied upon for purposes of Sections 103 and 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations (the "Regulations"). This certificate is executed and delivered as part of the record of proceedings in connection with the issuance of the Note. The provisions of this certificate constitute a contractual obligation of the Issuer in consideration for the purchase of and payment for the Note by the purchaser(s) thereof. 1.3. Reasonable Exnectations. This certificate sets forth the facts, estimates and circumstances now in existence which form the basis for the Issuer's expectation that the proceeds of the Note will not be used in a manner that would cause the Note to be an azbitrage bond under Section 148 of the Code or a private activity bond under Sections 103 and 141 of the Code. To the best of my knowledge and belief, such expectation is reasonable and there aze no other facts, estimates or circumstances that would materially change that expectation. 1.4. Composite Issue. No other governmental obligations have been sold fewer than 15 days prior to, or will be sold fewer than 15 days after, the sale date of the Note, pursuant to a common plan of financing which aze expected to be paid from substantially the same source of funds as the Note. 1.5 No Federal Guazantee. The Issuer represents and covenants that, except for the gross proceeds of the Note which aze: (a) invested during the temporary period referred to in Article III, (b) held in any refunding escrow, or (c) invested in obligations of the United States Treasury or in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank Act, as amended by Section 511(a) of the Financial Institutions Reform, Recovery and 795749.1 033923 CLD Enforcement Act of 1989, or any successor provision to Section 21B(d)(3) of the Federal Home Loan Bank Act, as amended: (i) No portion of the payment of principal or interest with respect to the Note is or will be guaranteed directly or indirectly by the United States or any agency or instrumentality thereof (herein "federally guaranteed"); and (ii) No portion of the gross proceeds of the Note in excess of five percent of such gross proceeds is or will be (A) used in making loans the payment of principal or interest with respect to which is to be federally guazanteed, or (B) invested directly or indirectly in federally insured deposits or accounts. 1.6. Tax Representation. The Issuer expects to be able to and will comply with all the procedures and provisions set forth herein, and will do and perform all acts and things necessary and desirable within its reasonable control in order to assure that interest paid on the Note shall be excluded from gross income of the owners thereof for the purpose of federal income taxation. 1.7. Additional Information. The Issuer will provide such other information as may be required to assure the exclusion from gross income of interest on the Note for federal income taxation purposes. 1.8. Non-Purpose Investments. Not more than 50% of the proceeds of the Note are being invested in investments not acquired to carry out the governmental purposes of the issue at a guazanteed yield and having a term of 4 yeazs or more. 1.9 IRS Information Reporting. The Issuer will make a timely filing of the appropriate IRS Form 8038G or 8038-GC. ARTICLE II Use of Project and Proceeds 2.1. Authorization. (a) The Note is authorized to be issued pursuant to applicable provisions of the laws of the State of New York and various bond resolutions duly adopted by the Town Board on their respective dates (the "Resolutions"), as refen•ed to in the Certificate of Determination executed by the Supervisor on September 2, 2010. (b) For purposes of this Article II the term "proceeds" means the net amount (afrer payment of all costs and expenses associated with issuing the Note) received by the Issuer from the sale of the Note, excluding accrued interest. 2.2. Purpose of Issue. The Note is being issued to provide funds for various purposes in the Town (the "Project" or "Projects"), as further described in the Resolutions. 795749.1033923 CLD 2.3. Use of Proceeds. A portion of the proceeds of sale of the Note in the amount of $3,124,000 (the "Current Refunding Note") will be used, together with $714,000 available funds, to redeem prior issues of bond anticipation notes currently outstanding in the aggregate principal amount of $3,838,000 (the "Prior Issues"), heretofore issued to finance the Project. The balance of the proceeds of sale of the Note in the principal amount of $2,100,000 (the "New Money Note") will be used to provide original financing for the New Money Projects. 2.4. Ownership/Lease/Sale. The Projects will be owned by the Issuer or another state or local governmental unit and will not be leased to any person who is not a state or local governmental unit. It will not (except to the extent that any of the projects financed involve grants) be sold or otherwise disposed of, in whole or in part, except for incidental sales of surplus items the proceeds of which will not constitute net operating profits or net capital profits to the Issuer, prior to the maturity date of the Note. 2.5. Private Loans. Not more than the lesser of 5 percent or $5,000,000 of the proceeds of the Note will be used directly or indirectly to make loans to persons other than a governmental unit. 2.6. Private Use. The aggregate amount of proceeds of the Note used directly or indirectly in a trade or business carried on by a person other than a state or local governmental unit ("Private Use"), will not exceed 10% of such proceeds in the event that more than 10% of the principal or 10% of the interest due on the Note during the term thereof is, under the terms of the Note or any underlying arrangement, directly or indirectly, secured by any interest in property used or to be used for a Private Use or in payments in respect of property used or to be used for a Private Use or is to be derived from payments, whether or not to the Issuer, in respect of property or borrowed money used or to be used for a Private Use. 2.7. Unrelated/Related Disproportionate Use. No more than 5% of the proceeds of the Note will be used directly or indirectly in the trade or business of a person other than a governmental unit that is unrelated or related and disproportionate to the governmental use of the property being financed, including any private loan financing described in Section 2.5 which meets this test. For purposes of this Arbitrage and Use of Proceeds Certificate, proceeds of the Note aze allocable to an unrelated Private Use if such use is neither directly nor operationally related to a governmental use and proceeds of the Note are allocable to a disproportionate related Private Use to the extent that the proceeds of the Note which aze to be used to finance property used by a nongovernmental person in a trade or business which is related to the governmental use of the property referred to in Section 2.6 above, exceeds the proceeds of the Note which are to be used for the governmental use to which such Private Use relates. 2.8. Other Private Uses Defined. For purposes of Section 2.6 and 2.7, a Private Use consists of any contract or other arrangement including, without limitation, leases, management contracts, guazantee contracts, take or pay contracts, or put or pay contracts, which provides for a use of the Projects by a person or persons who are not State or local govermnents on a basis different than the general public Any management, or operations contract or 795749.1 033923 CLD agreement which provides for nongovernmental use will provide for reasonable compensation which is in no pazt based on net profits and will satisfy the provisions of (a), (b) or (c) below: (a) for contracts which provide compensation for each annual period based on a periodic fixed fee, a capitation fee or combination thereof, (i) the contract has a term (including renewal options) not exceeding five yeazs; (ii) the issuer may terminate the contract, without penalty, at the end of any three yeaz period, and (iii) at least 50% of the compensation paid is on a periodic, fixed fee basis; (b) for contracts entered into or materially modified (other than pursuant to a renewal option) after March 15, 1993, which provide compensation based on a per unit fee or a combination per unit and periodic fixed fee, (i) the contract has a term (including renewal options) not exceeding three yeazs; (ii) the issuer may terminate such contract (without penalty) at the end of the second year of the term, and (iii) the amount of the per unit fee is specified in the contract or otherwise limited by the qualified user or a third party; (c) for contracts entered into or materially modified (other than pursuant to a renewal option) after Mazch 15, 1993, which provide compensation based on a percentage of fees charged, (i) the contract has a term (including renewal options) not exceeding two yeazs, (ii) the issuer may terminate the contract (without penalty) at the end of the first year, and (iii) the service provider primazily provides services to third pazties or the contract involves a facility during an initial start-up period; (d) For purposes of this Section 2.8: (i) "capitation fee" means a fixed periodic amount paid under a management contract or agreement for each person for whom the service provider assumes the responsibility to provide all needed services for a specified period, provided the quantity and type of services actually provided vary substantially; (ii) "periodic fixed fee" means a stated dollaz amount for services rendered during a specified period of time (i.e. $XX per month) which amount may automatically increase according to a specified, objective, external standazd; and (iii) "per unit fee" means a stated dollar amount for each unit of service provided (i.e. $XX per medical procedure). 2.9 Pooled Loan Financines. To the extent the amount of proceeds of the Note to be used to make loans to any borrowers (including loans referred to in Section 2.5 above and loans to state or local governmental units) exceeds $5,000,000, at least 95% of the net proceeds of the issue (as defined in Section 150 of the Code but without including proceeds used to finance costs of issuance or capitalized interest) that aze to be used to make loans, will have been used within 3 yeazs of the date hereof to make such loans. The payment of legal and underwriting costs is not contingent and at least 95% of the reasonably expected legal and underwriting costs associated with issuance will be paid within 180 days of the date hereof. 795749.1 033923 CLD 2.10 Output Facilities. No more than 5% of the proceeds of the Note aze to be used with respect to any output facility (other than a facility for the furnishing of water). No more than the lesser of $5,000,000 or 5% of the proceeds of the Note aze to be used (directly or indirectly) for the acquisition of a nongovenunental output facility. ARTICLE III Arbitrage/Rebate Exemption 3.1 Temporary Period-Refundine. With respect to the proceeds of the sale of the Current Refunding Note representing proceeds allocable to the Prior Issue: (a) All of the proceeds of the Prior Issue have been expended, or any such proceeds which have not been expended as of the date hereof, shall become transferred proceeds of this issue. Such transferred proceeds may be invested without restriction as to yield until three yeazs after the date of original issuance of the Prior Issue. If any transferred proceeds remain unexpended after three yeazs after the date of original issuance of the Prior Issue, such proceeds will be invested at a yield not in excess of the yield on the Note. (b) The proceeds of the Note will be used to refund the Prior Issue within 90 days of the date hereof, and may be invested during such time without restriction as to yield. 3.2 Temporary Period-New Money. With respect to the New Money Note: (a) The Issuer has entered into or will enter into within six months from the date of this certificate, binding commitment(s) for the acquisition, construction or accomplishment of the New Money Project cited in Section 2.2 hereof, and the amount of such commitment(s) with respect to such New Money Project will or do exceed the amount equal to 5% of $2,100,000, being the aggregate amount of obligations currently issued for such New Money Project. (b) Such New Money Project has been completed, or, if such New Money Project has not been completed, work on the acquisition, construction or accomplishment of such New Money Project will proceed or is proceeding with due diligence to completion. (c) It is reasonably expected that at least 85 percent of the net sale proceeds of such New Money Note will be expended within three yeazs from the date of this Certificate. No more than 50 percent of the proceeds of the Note will be invested in nonpurpose investments with a term of four years or more. 3.3 Rebate. (a) Neither the Prior Issue nor the New Money Note was or is subject to the rebate requirement imposed by Section 148 of the Code because, with respect to each: (i) the Issuer was or is a governmental unit with general taxing powers; (ii) the Prior Issue/New Money Note did not or does not constitute a "private activity bond" as that term is defined in Section 141 of the Code; 795749.1 033923 CLD (iii) ninety-five percent or more of the net proceeds of the sale of the Prior Issue/New Money Note was or is to be used for local governmental activities of the Issuer; and (iv) the Issuer (including all agencies, instrumentalities and political subdivisions of the Issuer) reasonably expected or expects that the aggregate face amount of all tax-exempt bonds issued by the Issuer during the calendaz yeaz in which the Prior Issue was issued and the current calendar year would not or will not exceed $5,000,000. For purposes of such determination, no tax-exempt obligation was or shall be taken into account if it was or is a current refunding obligation issued in the calendaz year in which the Prior Issue/New Money Note (as applicable) was or is being issued which does not exceed the outstanding (redeemed) principal amount of the obligation to be refunded. (b) The Current Refunding Note is not subject to the rebate requirement imposed by Section 148 of the Code because all of the Gross Proceeds of such Current Refunding Note will be expended to pay the Prior Issue within 90 days of the date hereof and will, therefore, qualify for the six-month expenditure exception to rebate. 3.4 No Excess Proceeds. The total proceeds of sale of all bond anticipation notes issued to date for the Project do not exceed the total cost of the Project. 3.5 Source of Repayment Funds. The Note will be paid from taxes and the proceeds of other obligations of the Issuer issued to fund the Note. 3.6 Debt Service Fund. The taxes used to pay principal and interest on the Note, whether or not deposited in a debt service fund, will be expended within 13 months of the date of deposit in such fund, or the date of their accumulation, in the payment of debt service on the Note. Any amounts received from the investment of such deposit or accumulation will be expended within one yeaz of receipt. The debt service fund, if any, will be used to achieve a proper matching of revenues and debt service and will be depleted at least annually except for a reasonable carryover amount which will not exceed the greater of the earnings on such fund for the immediately preceding year orone-twelfth of the debt service on the Note. 3.7 Sinking Funds. Except for the debt service fund described herein the Issuer has not created or established, and does not expect to create or establish, any sinking fund or other similar fund which the Issuer reasonably expects to use to pay principal or interest on the Note. ARTICLE IV Bank Qualification 4.1 Desi ation. The Note is hereby designated as a "qualified tax-exempt obligation" pursuant to the provisions of Section 265 of the Code. 795749.1 033923 CLD (a) In making such designation it has been determined with respect to the Current Refunding Note that: (i) the Note can-ently refunds the Prior Issue; (ii) the Prior Issue was designated as a "qualified tax-exempt obligation"; (iii) the aggregate face amount of the Note does not exceed $30,000,000; (iv) the Prior Issue had a weighted average maturity of 3 yeazs or less; (v) the maturity date of the Note, as measured from the original date of issuance of the notes issued pursuant to the Resolutions, in renewal of which such Note is being issued, does not exceed 30 yeazs; and (vi) not more than $30,000,000 of obligations issued by the Issuer during the calendaz year in which the Prior Issue was issued were designated by the Issuer as "qualified tax-exempt obligations." (b) In making such designation it has been determined with respect to the New Money Note that: (i) the Issuer does not reasonably anticipate that the amount of "qualified tax- exempt obligations" to be issued by the Issuer during the current calendaz yeaz will exceed $30,000,000; and (ii) the amount of "qualified tax-exempt obligations" issued by the Issuer during the current calendaz year does not as of this date, and including this issue, exceed $30,000,000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Town of Southold, as of the 2nd day of September, 2010. Q t~~~ (SEAL) Supervisor 795749.1 033923 CLD CERTIFICATE WITH RESPECT TO THE OFFICIAL STATEMENT OF THE TOWN OF SOUTHOLD, NEW YORK, DISTRIBUTED IN CONNECTION WITH THE SALE AND ISSUANCE OF A $5,224,000 BOND ANTICIPATION NOTE FOR VARIOUSPURPOSES-2010 I, Scott A. Russell, the undersigned Supervisor of the Town of Southold (the "Town"), in the County of Suffolk, New York, HEREBY CERTIFY that on August 17, 2010, the date of the Official Statement of the Town prepazed in connection with the sale of the $5,224,000 Bond Anticipation Note for Various Purposes-2010 (the "Note"), of the Town, and at all times subsequent thereto up to and including September 2, 2010, the date of delivery of the Note, the attached Official Statement of the Town did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In addition, I FURTHER CERTIFY that there has been no adverse material change in the financial condition of the Town since August 17, 2010. Insofaz as any statements made in said Official Statement involve matters of opinion, estimates or statements as to matters not contained in or derived from the official records of the Town, whether or not expressly stated, they aze set forth as such and not as representations of fact by the Town, and no representation is made that any of the estimates or anticipated events will be realized. The Official Statement is not to be construed as a contract or agreement with the beneficial owners of the Note. IN WITNESS WHEREOF, I have hereunto set my signature and affixed the corporate seal of the Town as of the 2nd day of September, 2010 (SEAL) C~ Supervisor ~%~2~.~~+~~ DELAFIELD&WOODL~P ~~N~'fl VHONE (212) 820-9300 67 WALI. STRE. F.T NFW YORK FAX (212151n-8426 NEW YORK, NY 10009 A~w n WASHINGTON WKNL HAWHINS.COM. - ' ~~nq^ NE`NAHK .L.°J HARTFORD SOB 4NGELEB SACRAMENTO SAN FRANCISCO ou~hold Town Clerk Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9603 E-mail: gfernandez@hawkins.com October 27, 2005 Town of Southold, New York Animal Shelter Our File Designation: (2615/237251 Ms. Linda M. Bohn Deputy Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southhold, New York 11971 Dear Ms. Bohn: Thank you for your recent letter forwarding the Affidavits of Publication from the "Traveler Watchman". These Affidavits have been included in our record of proceedings. With kind regards, I remain Si ~rR . rand Fernandez, Jr. 485804.1 023725 L'I'R o~~pf SO~ryol ELIZABETH A. NEVILLE ~ ~ Town Hall, 53095 Main Road TOWN CLERK ~ ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS rn ~ Southold, New York 11971 MARRIAGE OFFICER ~ ~ ,O Fax (631) 765-6145 FREE OM OF NFORMA ION OFF CER OlyCOUn 1' southo dtown6northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2005 Town of Southold, New York Animal Shelter Our File Designation: (2615/237251 Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Deaz Gerard Fernandez, Jr. Esq., Enclosed find certified copies of both affidavits. of publication from the Traveler Watchman. If there is anything else you require at this time for your files, please contact me at the Town Clerk's office. Very truly yours, Lynda M Bohn Deputy Town Clerk Enc . DELAFIELD&WOODL~P PHONE (2127820-9300 67 WALL STREET NEW YORK FAX (212) 514-H425 NEW YORK, NY 10005 WASHINGTON WWW.HDW.COM NEWARK HARTFORD LOS ANGELES SACRAMENTO Writer's direct contact: sAN FnANasco Phone: 212-820-9416 Fax: 212-820-9603 E-mail: gfernandez(cr~,hawkins.com October 6, 2005 Town of Southold, New York Animal Shelter Our File Designation: (2615/23725) Linda M. Bohn Deputy Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southhold, New York 11971 Dear Ms. Bohn: Thank you for your letter dated September 29`~ enclosing the Affidavits with respect to publishing and posting. These Affidavits have been included in our Files. Referring to publication, may I ask that obtain and forward to me a duplicate original or certified copy of the Affidavit from the publisher of the newspaper, including a copy of the Notice as it appeared in the newspaper. Should you have any questions, please do not hesitate to call or write me at your convenience. Thanking you and with kind regards, I remain Sine r l r Gerard Fernandez, Jr. ec: John Cushman, Town Comptroller Patricia Finnegan, Town Attorney 484325.1 023725 LTR ~~pF SOUIyo ELIZABETH A. NEVILLE lQ Town Hall, 53095 Main Road TOWN CLERK ~ 1~1 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS u+ ~ Southold, New York 11971 MARRIAGE OFFICER ~ ~ ,rtV ~O Fax (631) 765-6145 FREEDOM OF I FORMA ION OFF CER OI~C~~'r",~~ southoldtown.nor hfork net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 29, 2005 Town of Southold, New York Animal Shelter Our File Designation: (2615/237251 Gerard Fernandez, Jr. Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Dear Gerard Fernandez, Jr. Esq., Enclosed find the affidavit of publishing and posting by the Town Clerk. If there is anything else you require at this time for your files, please contact me at the Town Clerk's office. Very truly yours,. Lynda M Bohn Deputy'Town Clerk Enc Co: John Cushman, comptroller Town Atjorney i • DELAFIELD&WOODLLP PHONE (212)820-9300 ONE CHASE MANHATTAN PLAZ4 NEW YORK FAX (212) 514-8425 NEW YORK, NY 10005 RECEIVED WASHINGTON W W W.HAWKINS.COM N EwARn HARTFORD LOS ANGELES SEP 2 4 2001 SACRAMENTO SAN FRANCISCO Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 Southold Town Clerk E-mail: gfernandez@hawkins.com September 18, 2007 Town of Southold, New York $3,000,000 Serial Bonds for Animal Shelter ~Qur File Designation: 26 1 5 /23 72 51 Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Deaz Ms. Bohn: Thank you for your recent letter forwarding the Affidavit of Publication with respect to the summazy of the Bond Resolution. This has been included in our record of proceedings. With kind regazds, I remain Sincerely, C_ - ~ Gerard Fernandez, Jr. GFjr/j c 530196.1 023725 LTR 1 The resolution, a ~u ~iaty oT i which is published h 'th, has ~ been ad on the 16 day of ~ August, 3005; and an abstract thereof has been ppuubushed and posted as required b law and the penod of time has elapsed for the submission and filin¢ of a petition { for a permissive referendum and I a valid petition has not been sub- j milted and filed The validity of the obligations authorized by such resolution may be hereafter COUNTY OF SUFFOLK contested only if such oblige- STATE OF NEW YORK ss: j lions were authorized foi an Nanc M. Mclau hn, bein dul obl'ect of purpose for which the Y Sh g Y TOWN OF SOUTHOLD; in the sworn, says that she is the Legal j County of Suffolk, New York, is not authorized to expend money Advertising Coordinator, of the Traveler or if the provisions of law which Watchman, a public newspaper printed should have been complied with at Southold in Suffolk Count and that as of the date of publication of ~ Y> this notice were not substantially the notice of which the annexed is a complied with, and an action, rinted co ,has been ublished in said soft or proceeding contesting P PY P such validity is .commenced Traveler Watchman once each week wfthm twenty days after the date for.... ..week(s) successively, of publication of the notice, or such obligations were authorized com nci g o the.....a.~c~.....day of in violation of the provisions of i the constitution. 005. :ELIZABETH A. NEVII,LE ''BOND RESOLUTIONCIOF THE TOWN OF SOUTHOLD, / NEW YORK, ADOPTED F AUGUST 16, 2005, AUTHO- RIZING THE CONSTRUC- ' TION OF. A NEW TOWN ANI- I MAL SHELTER, IN SAH) Sworn toe this.........day of 1 TOWN, STATING THE ESTI- ~ 2005. MATED MAXIMUM COST ~ ' THEREOF IS $2,600,000, L _ APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE • • ~ •'r~ ISSUANCE OF $2,600,000 Notary Public SERIAL BONDS'OF SAID TOWN TO FINANCE SAID APPROPRIATION. GbJCCY OL purpOSe' Emily Hamill tD COIISn71Ct a nCW TOWn animal NOTARY PUBLIC, State of New York shelter on the site of the existing No. o18ASO59vsa animal shelter located at 269 Qualified in Suffolk County Peconic Lane, in the Town of commission expires stay o6, zoo6 Southold, including demolition of the existing shelter, purchase of the original fiunishings equip- ment, machinery and apparatus required and, grading and improving the site Amount of obligations to be issued: $2,600,000 Period of probable usefulness: fifteen 15) years A complete copylo£the bond resolution summarized above shall be available for public inspection during normal busi- ness hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 16, 2005 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 1X 09(221t/5 (099} i • ~I~,~h ~-aa-os- _ F--3 r~ DELAFIELD&WOODLLP ''I 4~. ' 1 PHONE I2R)820-9300 6] WALL STREET ~ NEw vORK FAX (2127514-8425 NEW YORK, NY 10005 WASHINGTON NNWV.HDW.COM NEWARK (212) 820-9416 September 8, 2005 HARTFORD LOS ANGELES SACRAMENTO Town of Southold, New York sAN FRANasco $2,600,000 Serial Bonds for Animal Shelter (Our File Designation: 2615/23725) Mr. John Cushman Town Comptroller Town of Southold 54375 Route 25 Southold, New York 11971 Dear John: The bond resolution authorizing the above bonds takes effect thirty (30) days after its adoption and thereafter is to be published, in summary, in the official newspaper together with the prescribed statutory form of notice thereby commencing a 20-day statute of limitations period pursuant to the provisions of Section 80.00 et seq. of the Local Finance Law. With reference thereto, I have prepared and enclose herewith the following: (a) Certificate of No Referendum (b) Summary of the bond resolution with the prescribed form of Town Clerk's statutory notice affixed in readiness for publication. Please do not hesitate to call or write me if you have any questions regarding the enclosed documents. Kindly send me an executed copy of the Certificate of No Referendum and an original Affidavit of Publication, when available. Thanking you and with kind regards, I rcmainM Sincer your Ger rd cmandcz, Jr. GF,Jr./dfg Enclosures cc: Kieran Corcoran, Deputy Town Attorney (with enclosures) 479412.1 023725 RES I e • PUBLIC NOTICE. The resolution, a summary of which is published herewith, has been adopted on the 16`h day of August, 2005, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site Amount of obligations to be issued: $2,600,000 Period of probable usefulness: fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 16, 2005 Southold, New York BY ORDE)~F THE TOWN BOARD OF THE T~VVN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON SEPTEMBER 22, 2005 AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Traveler Watchman Town Board Members Town Attorney John Cushman, Comptroller Town Clerk's Bulletin Board CERTIFICATE OF CLERK I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That the resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION," was adopted on August 16, 2005, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time since said adoption. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this I5T`~ day of Septe~`(m/bed/r, 2005. Y/~1 (SEAL) U Town 479412.1 023725 RES MAL SHELTER, IN SAID LF.r_et. ivrrrrr~c TOWN STATING THE ESTI- TOWNOFSOUTHOt,D MATI MAXIMUM CO5T ~'iN' YORK THERhUF IS $2,600,000, PLEASE TAKE NOTICE that APPROPRIATING SAID on August 16, 2005, the Town AMOUNT. THEREFOR AND Board of the Town of Southold, AUTHORIZING THE COUNTY OF SUFFOLK in the County of Suffolk, New ISSUANCE OF $2,600,000 York, adopted a bond resolution SERIAL BONDS OF SAID STATE OF NEW YORK ss: entitled: TOWN TO FINANCE SAID Nanc M. Mclau tin, bein dul `BOND RESOLUTION OF APPROPRIATION" Y gh g Y THE TOWN OF SOUTHOLD, an abstract of which bond res- sworn, says that she is the Legal NEW YORK, ADOPTED ppofoose and effectltyhe eofgbeing as Advertising Coordinator, of the Traveler AUGUST 16, 2005, AUTHO- follows: Watchman, a public newspaper printed RIZING THE CONSTRUC- FIRST: AUTHORIZING the TION OF A NEW TOWN ANI- Town of Southold ("Town") to at Southold, in Suffolk County; and that construct a new Town animal the notice of which the annexed is a shelter on the site of the existing Tinted co ,has been ublished in said animal shelter located at 269 P PY P Peconic Lane, in Town, includ- Traveler Watchman once each week trig demolition of the existing .week{s) successively shelter, purchase of the original for...../...... , furnishings equipment, machtn- com^mencing os the.....~..2`~......day of ery and apparatus required and ./'~•K .f1.~.1 2005. grading and improving the site; STATING the estimated maxi- X~LL . ~ mum cost thereof, including ppre- 1~,.' liminary costs and costs inciden- tal thereto and the financing thereof, is $2,600,000; APPRO- PRIATING said amount therefor and STATING the plan of ~ financing includes the issuance Swo to bef re me this./~..Z.?...day of of not to exceed $2,600,000 serf- 1~,.`~~ al bonds of the Town to finance , f-"'s J 2005. said appropriation and the levy and collection of taxes on all the taxable weal property in the 7 Town to pay the principal of sazd '-tom--, ~ G _ • bonds and the interest thereon as " "l ' the same shall become due and Notary Public pa able; SECOND: AUTHORIZING the issuance of not to exceed Emiiy namin $2,600,000 serial bonds of the NOTARY PUBLIC, Slate of New York Tawn pursuant to the Local No. OlHA50599a4 Finance Law of the State of New Qusurea is Ssttolk county York (the "Law") to finance said Commission expires May 06, 2006 appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen .(15) years; the proceeds of said bonds and any bond anticipation r ~ , iy„, ~ notes issued in anticipation thereof ma be applied to reim- burse the Town for expenditures made after the effective date of this bond resolution for the pur- pose for which said bonds aze authorized; the Town Board of the Town has heretofore deter- mined that the project is an Unlisted action pursuant to SEQRA; and" the proposed maturity of said $2,600,000 seri- al bonds will exceed five (5) Years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond antici- pation notes shall be general obligations of the Town; and PLEDGING to thew payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of srid bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2005 Town of Southold, New York Elizabeth A. Neville Town Clerk 1X 8/25!05 (052) i i i i II II I 1 EXTRACT OF MINUTES Meeting of the Town Boazd of the Town of Southold, in the County of Suffolk, New York August 16, 2005 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, on August 16, 2005 at 4:30 0' clock P.M. There were present: Hon. Joshua Y. Horton, Supervisor; and Board Members: Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Justice Louisa P. Evans There were absent: Councilman John M. Romanelli Also present: Elizabeth A. Neville, Town Clerk Patricia Finnegan, Town Attorney Councilman Thomas H. Wickham offered the following resolution and moved its adoption: RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, REPEALING, RESCINDING AND REVOKING THE SERIAL BOND RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN AT THE ESTIMATED MAXIMUM COST OF $2,600,000, ADOPTED BY THE TOWN BOARD OF SAID TOWN ON AUGUST 2, 2005. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Boazd) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), hereby repeals, rescinds and revokes the serial bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION." duly adopted by the Town Board of the Town on the date referred to therein. This resolution shall take place immediately. The adoption of the foregoing resolution was seconded by Justice Louisa P. Evans and duly put to a vote on roll call, which resulted as follows: AYES: Supervisor Joshua Y. Horton Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Justice Louisa P. Evans NOES: None The resolution was declared adopted. ***?~*r* Councilman William P. Edwards offered the following resolution and moved it's adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter, purchase of the original furnishings, equipment, machinery and apparatus required for the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $2,600,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. The following additional matters aze hereby determined and declared: (a) Said new shelter will be of Class "B" construction as defined by Section 11.00 a. 11.(b) of the Law and the period of probable usefulness applicable thereto for which said bonds are authorized to be issued, within the limitations of said Section 11.00 a. 11(b) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, maybe applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Boazd of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Board has reviewed a Full Enviromnental Assessment Form and has determined that the project will not result in any significant adverse environmental impact and a negative declaration has been adopted. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town aze hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such yeaz and (b) the payment of interest to be due and payable in such yeaz. 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 bonds with 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 the terms, form and contents and as to the sale and issuance of the bonds herein 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. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, maybe contested only i£ such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or 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. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in the "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 16, 2005, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIIvIATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and appazatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor and STATING the plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THII2D: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2005 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT "A" BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005 AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site Amount of obligations to be issued: $2,600,000 Period ofprobable usefulness: fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 16, 2005 Southold, 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: Supervisor Joshua Y. Horton Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Justice Louisa P. Evans NOES: None The resolution was declared adopted. r*+r*+** CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes the meeting of the Town Board of said Town of Southold duly called and held on August 16, 2005, has been compared by me with the original minutes as officially recorded in the Town Clerk's office in the Minute Book of said Town Board and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 16„a day of August, 2005. (SEAL) C~ O.i~lf~F(~ ~ Town lerk LEGAL NOTICE TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 16, 2005, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor and STATING the plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the lery and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds aze authorized to be issued, is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2005 Town of Southold, New York Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON August 25, 2005, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: The Traveler Watchman Town Board Members Town Attorney Accounting Bond Council Town Clerk's Bulletin Board STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, State of New York; That on August 16, 2005, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on August 16, 2005, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. Town Cle c Subscribed and sworn to before me this 16"d day of August, 2005. Not Public, State of New York LYNDA M. BORN NOTARY PUBLIC, State of New York Na.OtB06020932 Qualified in Suffolk Cou Term Expires March 8, 20 ELIZABETH NEVILLE • own Hall, 53095 Main Road TOWN CLERK guFFOC,t PO BOX 1179 y~S °O~ Southold, NY 11971 REGISTRAR OF VITAL STATISTICS ~ ~ Fax (631) 765-6145 MARRIAGE OFFICER 'y a~ Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER "to! ~ southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION # 2005-507 Meeting: 08/16/05 04:30 PM Resolution H): 1074 Department: Town Attorney Category: Bond THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2005-507 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON August 16, 2005: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is herebv authorized to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter, purchase of the original furnishings, equipment, machinery and apparatus required for the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific obiect or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $2,600,000 and the said amount is herebv appropriated therefor. The plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the lew and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are herebv authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"1, to finance said appropriation. The following additional matters are hereby determined and declared: (a) Said new shelter will be of Class "B" construction as defined by Section 11.00 a. 11.(b) of the Law and the period of probable usefulness applicable thereto for which said bonds aze authorized to be issued, within the limitations of said Section 11.00 a. 11(b) of the Law, is fifteen (15) yeazs. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, maybe 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 Deparhnent. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has determined that the project will not result in any significant adverse environmental impact and a negative declaration has been adopted. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town aze hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such yeaz and (b) the payment of interest to be due and payable in such yeaz. 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 bonds with 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 the terms, form and contents and as to the sale and issuance of the bonds Page 2 herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, aze hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, maybe contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, aze 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. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in the "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign boazd of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD. NEW YORK PLEASE TAKE NOTICE that on August 16, 2005, the Town Boazd of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor Page 3 and STATING the plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) yeazs; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof maybe applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Boazd of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SLYTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2005 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. s s Page 4 EXHIBIT "A„ BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005 AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and appazatus required and grading and improving the site Amount of obligations to be issued: $2,600,000 Period of probable usefulness: fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 16, 2005 Southold, New York Elizabeth A. Neville Southold Town Clerk Page 5 ELIZABETH NEVILLE • own Hall, 53095 Main Road TOWN CLERK ~yucFOt,t PO Box 1179 ~0~. Southold, NY 11971 REGISTRAR OF VITAL STATISTICS ~ ~ Fax (631) 765-6145 MARRIAGE OFFICER ~y at' Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER ~ ~a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION # 2005-506 Meeting: 08/16/05 04:30 PM Resolution ID: 1073 Department: Town Attorney Category: Bond THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2005-506 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON August 16, 2005: RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2005, REPEALING, RESCINDING AND REVOKING THE SERIAL BOND RESOLUTION AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN AT THE ESTIMATED MAXIMUM COST OF $2,600,000, ADOPTED BY THE TOWN BOARD OF SAID TOWN ON AUGUST 2, 2005. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), hereby repeals, rescinds and revokes the serial bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK. ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600.000. APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION." This resolution shall take place immediately. Elizabeth A. Neville Southold Town Clerk DELAFIELD &WOODt~P PHONE (212) 020-9300 67 WALL STREET NE\N YORK FAX 12121 514-0425 NEW YORK, NY 10005 WASHINGTON (212) 820-9416 WWW.HAWKINS.COM August 1 C' ~IOOC NEWARK O 1.l L J HARTFORD LOS ANGELES SACRAMF_Nl0 SAN FRANCISCO Town of Southold, New York p a ~ 2 $2,600,000 Serial Bonds for Animal Shelter (Our File Desipnatiorr 2615/23725_ ~ 6 ~ ' Mr. John Cushman ~ Y TOWN OF sob r~-~- Town Comptroller nNa & Fr;,l;., Town of Southold - - 53095 Main Road Southold, New York 11971 Dear John: Pursuant to the request of Kieran Corcoran, Deputy Town Attorney, I have prepared and enclose herewith the draft Extract of Minutes of the Town Board meeting to be held on August 16, 2405, showing the following: 1) adoption of the resolution repealing, rescinding and revoking the bond resolution adopted by the Town on August 2, 2005. 2) adoption of the bond resolution authorizing the above referenced serial bonds. The above-referenced bond resolution contains the form of Notice of Permissive Referendum to be published in the official Town newspaper and posted on the sign board of the Town maintained pursuant to the Town Law within ten (10) days after adoption of the bond resolution. Please note that the bond resolution is to be adopted by at least atwo-thirds vote of the entire membership oT the Town Board. In addition, I have enclosed extra copies of the notice of permissive referendum for your convenience in publishing and posting such notice together with the draft Affidavit of Posting to be executed by the Town Clerk. A copy of the notice, as posted, should be attached to this Affidavit. 479472.1023725 12ES j Please obtain and forward to me a certified copy of the Extract of Minutes, an executed Affidavit of Posting and an original Affidavit of Publication. Upon receipt of same, we will forward the additional documents required with respect to the estoppel proceedings pursuant to Section 80.00 et seq of the local finance law. Thanking you and with kind regards, I remain Sincerely yours, .%~~~J'La~u' ''r. Gerard Fernandez, Jr. GF,Jr./ml ~~i""" Enclosures cc: Kieran Corcoran, Deputy Town Attorney, with enclosures 479412.1023725 RES I PUBLIC NOTICE The rP~ :un, a summary of which is published here~th, has been adopled on the 2n day of August, 2005, and an abstract COUNTY OF SUFFOLK thereof has been published and STATE OF NEW YORK ss: j posted as rey~ired by law and the p od of time has elapsed Nancy M. Mclaughlin, being duly ' for the submission and filing of sworn sa s that she is the Le al a petition far a permissive refer- ~ Y g endum and a valid penlion has Advertising Coordinator, of the Traveler not been submitted and filed. Watchman, a ublic news a er rinted The validity of the obligations P p p p authorized by such resolution at Southold, in Suffolk County; and that may be hereafter contested only the notice of which the annexed is a if such obligations were author- ized for an object or purpose for printed copy, has been published in said which the TOWN OF Traveler Watchman once each week SOUTHOLD, in the County of Suffolk, New York, is not for....1......week(s) successively, authorized to expend movey or commencin o the.....ll..........da of if the provisions of law which g y should have 1>~n complied with . • • lC~. ~ 200 . as of the date of publication of ' this notice were not substanfial- ly complied with, and an action • • ~/4/ -7t.-„, , ~/,~,AG/ surf or proceeding contesting / such validity is commenced within twenty days after the date of publication of the notice, or such obligations were author- ized in vraiahon of the provi- Swo to bef me this.. ....day of lions of the constitution. _ , t/ ~ k ELIZABETH A. NEVILLE S• 2005. Town Clerk BOND RESOLUTION OF J!3-~' •{•4` ~ • TI-IE TOWN OF 80UTHOLD, / NEW YORK, ADOPTED AUGUST. 2, 2005, AUTHO- Notary Public RIZING THE CONSTRUC- TION OF A NEW TOWN ANI- MAL SHELTER, IN SAID TOWN, STATING THE ESTI- Emily }Iamiu MATED MAXIMUM COST NoTAxv rosLte, State of New vork THEREOF IS $2,600,000, No. OlHA5059954 APPROPRIATING SAID Quaufied in Suttotk County AMOUNT THEREFOR, AND Commission expires May 06, 2006 AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town anunal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, maciunery and appazatus requited and grading and improving the srte Amount of obligations to be issued: $2,600,000 Period of probable usefidness: fifteen (15) ears A complete copy of the bond resolution summarized above shall be available for pubiic inspection during normal busi- ness hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 2, 2005 Southold, New York 1X 8/11/05 (031) EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York August 2, 2005 * ¦ ~ A regulaz 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, on August 2, 2005. There were present: Hon. Joshua Y. Horton, Supervisor; and Councilpersons: Justice Louisa P. Evans Councilman William P. Edwazds Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman John M. Romanelli There were absent: None Also present: Elizabeth A. Neville, Town Clerk Patricia A. Finnegan, Town Attorney r Councilman John M Romanelli offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Boazd) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct a new Town anima] shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter, purchase of the original furnishings, equipment, machinery and apparatus required for • 1 ~ • the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the fmancing thereof, is $2,600,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters aze hereby determined and declazed: (a) Said new shelter will be of Class "B" construction as defined by Section 11.00 a. 11.(b) of the Law and the period of probable usefulness applicable thereto for which said bonds aze authorized to be issued, within the limitations of said Section 11.00 a. 11(b) of the Law, is fifteen (15) 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 aze authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Boazd of the Town, acting in the role of bead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Pazt 617 ("SEQRA") has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Boazd has reviewed a Full Environmental Assessment Form and has determined that the project will not result in any significant adverse environmental impact and a negative declazation has been adopted. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in antcipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real properly within the Town without limitation of rate or amount. The faith and credit of the Town aze hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such yeaz and (b) the payment of interest to be due and payable in such yeaz. 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 bonds with 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 Boazd relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, maybe contested only if: (a) such obligations aze 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, aze not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in the "I'HE TRAVELER WATCHMAN," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign boazd of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD. NEW YORK PLEASE TAKE NOTICE that on August 2, 2005, the Town Boazd of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMiJM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original fiunishings equipment, machinery and appazatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the fmancing thereof, is $2,600,000; APPROPRIATING said amount therefor; and STATING the plan of financing includes the expenditure of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) yeazs; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds aze authorized; the Town Boazd of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) yeazs; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SDCTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 2, 2005 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause 'said bond resolution to be published, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publicafion, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. s * s 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. Joshua Y. Horton, Supervisor Justice Louisa P. Evans Councilman William P. Edwazds Councilman Thomas H. Wickham Councilman Daniel C. Ross NOES: Councilman John M. Romanelli The resolution was declazed adopted. •~**+rsr CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes the meeting of the Town Board of said Town of Southold duly called and held on August 2, 2005, has been compared by me with the original minutes as officially recorded in the Town Clerk's office in the Minute Book of said Town Boazd and is a true, complete and correct copy thereof and of the whole of said original minutes so far as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town of Southold this 2"d day of August, 2005. (SEAL) Town Clerk ' ~ PUBLIC NOTIC>~ The resolution, a summary of which is published herewith, has been adopted on the 2"d day of August, 2005, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site Amount of obligations to be issued: $2,600,000 Period of probable usefulness: fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 2, 2005 Southold, New York STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, State of New York; That on August 3, 2005, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on August 2, 2005, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. Town Clerk Subscribed and sworn to before me this 2"d day of August, 2005. Not Public, State of New York LYNDA M. BOHN NOTARY PUBLIC, State of New York No.01B06020932 Qualified in Suttolk County Term Expires March 8, 20 p1 ELIZABETH NEVILLE • own Hall, 53095 Main Road TOWN CLERK ~sueFOttr PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS ~ Fax (631) 765-6145 MARRIAGE OFFICER d~ Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER ~ ~a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION # 2005-471 Meeting: 08/02/05 07:30 PM Resolution ID: 1036 Department: Town Attorney Category: Bond THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-471 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02/05: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NLY 26, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town, including demolition of the existing animal shelter, purchase of the original furnishings, equipment, machinery and apparatus required for the purpose for which said new shelter is to be used and grading and improving the site. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $2,600,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation and the levy and collection of taxes upon all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of not to exceed $2,600,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: (a) Said new shelter will be of Class "B" construction as defined by Section 11.00 a. 1 L(b) of the Law and the period of probable usefulness applicable thereto for which said bonds are authorized to be issued, within the limitations of said Section 11.00 a. 11(b) of the Law, is fifteen (15) yeazs. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, maybe applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Boazd of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act, constituting Article 8 of the Enviromnental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore determined that the project described herein is an Unlisted Action pursuant to SEQRA. The Town Board has reviewed a Full Environmental Assessment Form and has determined that the project will not result in any significant adverse environmental impact and a negative declaration has been adopted. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. 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 bonds with 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 the terms, fonn and contents and as to the sale and issuance of the bonds Page 2 herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, aze hereby delegated to the Supervisor, the chief fiscal officer of the Town. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, aze 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. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (]0) days after the adoption of this resolution, to cause to be published, in full, in the "THE TRAVELER WATCHMAN," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign boazd of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD. NEW YORK PLEASE TAKE NOTICE that on August 2, 2005, the Town Boazd of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and Page 3 grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor; and STATING the plan of financing includes the expenditure of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THII2D: DETERMINING and STATING the period of probable usefulness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof maybe applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SD{TH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 2, 2005 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit "A" attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. Page 4 EXHIBTT "A" BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 2, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in the Town of Southold, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site Amount of obligations to be issued: $2,600,000 Period of probable usefulness: fifteen (15) years A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: August 2, 2005 Southold, New York . ~~fcaer~' Elizabeth A. Neville Southold Town Clerk Page 5 ELIZABETH NEVILLE • ~own~ 1195 Main Road TOWN CLERK ~socvot,r PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS ~ Fax (631) 765-6145 MARRIAGE OFFICER '~y • a'F Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER ~ # ~a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION # 2005-470 Meeting: 08/02/05 07:30 PM Resolution ID: 1037 Department: Town Attorney Category: L W R P THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2005-470 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02/05: WHEREAS the Town Board of the Town of Southold has proposed the reconstruction of the Town of Southold Animal Shelter, and WHEREAS the Town Board of the Town of Southold adopted a negative declaration under the SEQRA rules and regulations relating to the proposed Animal Shelter reconstruction, and WHEREAS the Town Board is in receipt of the Town of Southold Local Waterfront Revitalization Program (LWRP) Consistency Coordinator's recommendation that the proposed Animal Shelter reconstruction is consistent with the Ton of Southold LWRP, now therefor be it RESOLVED by the Town Board of the Town of Southold that the proaosed Animal Shelter reconstruction is consistent with the Town's LWRP andis consistent with the Town's LWRP and the~olicy~oals stated thereinstated therein. . Elizabeth A. Neville Southold Town Clerk TOWN OF SOUTHOLD. NEW YORK PLEASE TAKE NOTICE that on July 26, 2005, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 26, 2005, AUTHORIZING THE CONSTRUCTION OF A NEW TOWN ANIMAL SHELTER, IN SAID TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,600,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $2,600,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION" an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold ("Town") to construct a new Town animal shelter on the site of the existing animal shelter located at 269 Peconic Lane, in Town, including demolition of the existing shelter, purchase of the original furnishings equipment, machinery and apparatus required and grading and improving the site; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $2,600,000; APPROPRIATING said amount therefor; and STATING the plan of financing includes the expenditure of not to exceed $2,600,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the issuance of not to exceed $2,600,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefirlness applicable to said shelter, the purpose for which said serial bonds are authorized to be issued, is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; the Town Board of the Town has heretofore determined that the project is an Unlisted action pursuant to SEQRA; and the proposed maturity of said $2,600,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be 479412.1 0: general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: July 26, 2005 Elizabeth A. Neville Town Clerk a~9atzt oz~ SOUTHOLD TOWN BOARD PUBLIC HEARING July 26, 2005 7:30 P.M. ANIMAL SHELTER BOND Present: Supervisor Joshua Y. Horton Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards + ~ Deputy Town Clerk Linda J. Cooper Town Attorney Patricia A. Finnegan Absent: Justice Louisa P. Evans SUPERVISOR HORTON: I am calling this public heazing to order. First, let me welcome you to the July 26`h public heazing of the Southold Town Boazd, pertaining to funding for the proposed Southold Town Animal Shelter. Would you please rise and join with me in the Pledge of Allegiance. Moved by Supervisor Horton, seconded by Councilman Edwards, be it RESOLVED that this public hearing of the Southold Town Board be and hereby is declared opened on the matter of THE SOUTHOLD TOWN ANIMAL SHELTER BOND. Vote of the Town Boazd: Aye: Councilman Edwazds, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We aze open for public hearing. Councilman Wickham, if you would read the notice, please. COUNCILMAN WICKHAM: Notice is hereby given that the Town Board of the Town of Southold will held a public hearing at 7:30 o'clock p.m. on the 26`h day of July, 2005, at the Town Hall, 53095 Main Road, Southold in the Town, at which time and place the Town Boazd will heaz those in favor of and those opposed to the construction of new Town of Southold Animal Shelter at Peconic Lane, in the Town, being the site of the existing Town Animal Shelter. The estimated maximum cost of such construction, including demolition of the existing Animal Shelter, purchase of the original famishing equipment, machinery and apparatus required and grading and improving the site, is $2,600,000 which amount shall be financed by the issuance of $2,6000,000 serial bonds of the Town. All persons interested in this project will be heazd at said hearing and all written communications will be considered. July 26, 2005 • 2 • Public Hearing-Animal Shelter Bond COUNCILMAN WICKHAM: I have in the folder affidavits that the legals have appeared on the Town Clerk's bulletin boazd outside and that they have appeazed in the following newspapers, the Traveler- Watchman, the Town Attorney, the Town Board members, the Accounting Department and it has been published as a legal in those newspapers and those places. And I have no additional letters in our file. SUPERVISOR HORTON: Thank you, Councilman Wickham. At this point, I will offer the floor to the public and in doing so, I ask that when addressing the Boazd on this matter you do so from one of the two microphones and podiums located at the front of the room and that prior to speaking on the matter, you state your name and residence clearly into the microphone so that it is incorporated into our record as a matter of public record. And prior to, just prior to opening the floor for discussion, I want to introduce some people that aze with us this evening that are going to answer questions that may arise as it pertains to this construction project. First, Mr. Burgess if you would stand for a moment and be identified. Mr. Burgess is a representative from Design Learned, the nationally renowned architecture firm, architectural engineering firm excuse me, that is worked throughout the United States on the construction of animal shelters. We also have Glynis Berry with us, she is not the head of our computer department, she is with us as an architect and we thought it was appropriate to have somebody from the community here in Southold Town involved in this project as well and Glynis is a local architect that hails from Orient and her husband Hideaki is a partner in that firm. So these folks are here tonight to take part in this public hearing. Glynis, if you would like, I can turn the floor over to you, to walk through the power point presentation. GLYNIS BERRY: (inaudible) SUPERVISOR HORTON: Yeah, please help yourself, if you can get it up and running. MS. BERRY: I have got a couple of images (inaudible) SUPERVISOR HORTON: Benja, thanks for the help, we appreciate it. Benja came to the rescue the last time I was trying to use a power point presentation. MS. BERRY: First I had planned to mention some of the conditions on the site. I don't know if you all know where it is located (inaudible) I don't know if all of you know the location of the existing shelter, behind the police department, off of Peconic Land and 25. We want the existing shelter to be in operation during the construction, so we are actually building around it. It is an L form surrounding it and the site is expanding to the north and shrinking slightly from the south. So that way, none of the operation will halt during the construction. Some of the other issues that we had with the site, its orientation, we wanted to take as much advantage of the natural light as possible in the facility. Also we were conscious of noise and we intended to put the noisier aspects to the west because there are houses on the east. Access is from the southwest corner, so it is similar to what it is now and we have got parking as soon as you enter the site, so that it is not, we have tried to minimize the number of roads and maximize the amount of landscape available to the animals. There are about 10 parking places and we have got sepazate entrances, the main entrance for coming to the shelter, a separate entrance for drop-offs, so that we don't mix animals that haven't been observed with healthy animals. And we have a service entry, as well. One of the things that we notice with the existing shelter, was the emphasis on the exterior. People are very active; the dogs are in outer kennels during the day; there is a lot of activity outside and people also respond to the animals very well in an outside July 26, 2005 • 3 • Public Hearing-Animal Shelter Bond environment, so what we tried to do was mix the building with the exterior and almost give them equal weight, so the main lobby opens directly into the main courtyazd that is surrounded by the building. This way the dogs have a presence right off the lobby without physically being in the building, at the lobby level. Some of the issues are of course, separations. We needed to keep cats away from dogs; healthy away from sick; temperamental animals that needed to be isolated from others and we also needed to connect. We wanted inside, outside connections. We wanted the adopters to see the animals in a good environment and the program has a number of mixtures. There are a lot of small spaces with constant connections. That is a picture of the site plan, it is also (inaudible) if you come up here, here is the parking, service entry, main entry and here is the drop-off. This is the main courtyard and there is a backyard as well, so you have got a quiet outdoor space and the maximum outdoor space. Also this plan can be easily expanded in the future, if you need a bigger facility. This corridor right here can go up and this corridor can go down easily, as well as east and west. And the services is still centrally located. In the plan, there are cleaz zones and this is requested in the mechanical engineering here... SUPERVISOR HORTON: Would it be, if I could make a recommendation, would be in the spirit of being a small town, would it be beneficial actually, we have, you know, not a tremendous gathering this evening, is to have people come forwazd and gather around the computer and Glynis can walk through the presentation with everybody here? I think that is a practical approach and then we will reconvene our seats and ask questions. Come on down, as they say. MS. BERRY: The plan has clear zones and these aze the result of both the need to isolate spaces in terms of the mechanical zoning, there aze eight mechanical zones in the building and we also were interested in separating the different functions. So, your main entry is here, alobby-from the lobby you can see the cats on one side and a puppy room on the other and also the offices have a direct view and the reception desk separates, is right at the juncture of the main lobby and the drop-off lobby, so the same person can operate on both sides. The public area is this lobby, these rooms here, which are get acquainted rooms and puppy rooms and the training room; then the healthy kennels aze just off here with kennels facing the courtyard and the north face. This central core is where the staff works; it is the storage, the prep area, the office and then on the faz east is the wing for isolation. It is where you have a treatment room where the drop-offs come in, where you have holding when you aze observing animals. The look of the building is a combination of strips of gables and flat roofs. And we did this for a couple of reasons. One, the imagery is more like barns and greenhouses in the azea, it breaks down the scale of the building. It is close to 10,000 square feet and the flat roofs also support the mechanical equipment. The gables let us bring daylight into the corridors and into the interior of the building, so hopefully this will cut down on maintenance costs, as well as being more pleasant. These aze some images of the approach, the main entry on the right and the courtyazd right ahead. We spent a long time trying to find the right structural system. We didn't want to build the wall many times, we need resistant materials. And we also need materials that will stop sound effectively. So we found a material that is rigid Styrofoam with metal trusses going through and concrete will be sprayed on either side, so this way we don't have to build a double wall, we get a good insulation value and we can use the same system for both the roof and the wall. And we have short spans, so that we can use this material. The numbers, we have 25 healthy kennels; five for treatment, five for drop-off and two for holding. That is a total of 39 animals can be accommodated. For the cats, we have got 12 healthy cages, we have 10 for sick animals, and then we have two for holding. Squaze feet; the total including the outside part of the runs, is 9,525. So 9,525 square feet. Now the net azea breaks down to (inaudible) offices, about 1,400 and that includes the greeting rooms and the puppy rooms. The July 26, 2005 • 4 • Public Hearing-Animal Shelter Bond kennel, which is 1,421squaze feet, treatment and iso, which is 1,075; the cats are 913 square feet. The training is 600 because that is the minimum size for having a really good training program and support is 883 square feet. And these are just a few images of the interior. This is the lobby. These aze the kennels, the cat room and corridors. And that is the approach to the building. And that is the site as it exists. Thank you. SUPERVISOR HORTON: And thank you all for your understanding of our technical difficulties this evening. But I have to say, this approach was nice and a lot less sterile. Gather round and join in observing what is the result of a lot of hard work. And actually, I did forget to mention and I was remiss and I apologize for not mentioning this gentleman, I would like to also take notice of Mr. Richter, James Richter our Town Engineer, who has been a key player and invaluable component to this efforts thus far. At this point now I open the floor to the public to address the Town Boazd on this matter and keeping in mind that the public hearing tonight is about the proposed issuance of $2,600,000 of bonds. Yes, Ms. Wolf. DOROTHY WOLF: Thank you. First, Dorothy Wolf, Southold. First I would like to congratulate you, Supervisor on the tax deduction that just came into your home. SUPERVISOR HORTON: On the what? MS. WOLF: The tax deduction... SUPERVISOR HORTON: Oh, oh, oh, oh. MS. WOLF: I guess you are still in shock. SUPERVISOR HORTON: Yes. Yes. MS. WOLF: But seriously, when you hold your kid in your arms, perspective sets in and I wish you great happiness. SUPERVISOR HORTON: Thank you very much. MS. WOLF: I also want to congratulate the Boazd for coming to this point. In all the times that I have addressed the Board, I have been a critic and I have been a supporter but always positive about an animal shelter. I think you all know that. I do have some questions tonight and none of them I hope will be considered accusatory, inflammatory, they are questions that I believe this community is entitled to get answers to. I am sorry that there is no visual that we can take home with us, in the last presentation of an animal shelter we had a wonderful little brochure and something to relate to and really deal with and this is kind of bargain basement and I don't think it sits well, at least for me. SUPERVISOR HORTON: Well, we will make sure Ms. Wolf, that renderings are posted on the Town website, I think that we can probably get them up by the end of the week. MS. WOLF: That would be great. SUPERVISOR HORTON: And they will be available. July 26, 2005 • 5 • Public Hearing-Animal Shelter Bond MS. WOLF: The few questions that I want to ask: what does $2.5 million buy? SUPERVISOR NORTON: Current construction costs, particulazly for municipality that is guided by very strict rules and regulations for construction; current construction costs are recognized to be anywhere from $2 to $2.50 a square foot. I am sorry, yeah it is actually $200 to $250 a squaze foot. In the past six months, the cost of steel and concrete alone have escalated 30 percent on the standard mazket nationwide and how that translates to New York is more to the tune of 40 to 50 percent increase in costs. Just for those raw materials alone. MS. WOLF: Will this then be, Josh, a total job or will there need to be, is it going to be a shell or is going to be a completed shelter? SUPERVISOR NORTON: What is being proposed here is atop-notch, first-rate shelter, that is complete A to Z. Ready to operate and serve this community how it is intended to serve the community. MS. WOLF: Then you are anticipating no fundraising will be necessazy? SUPERVISOR NORTON: Actually, I think necessary, you know, is really a relative term as it pertains to this. What will be taking place and I am a big supporter of and excited about, the Raynor Foundation will be conducting an ongoing fundraising effort, specifically for the, to cover the construction costs both short and long term of this facility. And I am confident knowing this community and having lived in this community my whole life and seen the support that exists for the proper Gaze of animals, this community has a long history of supporting these matters, so I think that whether it is necessary or not may not, at least in my mind, may not be the question. Will fundraising take place? Yes, it will. MS. WOLF: Do you have some idea of how much you will be looking to raise? SUPERVISOR NORTON: No, I personally don't have a goal. But I believe, I do believe, that over the long term, I think that 80 to 100 percent of this project can be covered through fundraising efforts, over the long term. MS. WOLF: So the bonding... SUPERVISOR NORTON: That is my own belief, my own opinion. MS. WOLF: So the bond will look for $2.5 million and the fundraising will go beyond that or just to work along and try to raise money within that bond? SUPERVISOR NORTON: I believe that the fundraising efforts will initially be to raise money for the construction costs and how the Raynor Foundation is set up, I believe, that anything raised after that will go towazds the long term maintenance of the facility. July 26, 2005 • 6 • Public Hearing-Animal Shelter Bond MS. WOLF: Okay. Then my next two questions have to do with the fundraising itself and again, I have to qualify this, I am going after nobody. I am in a very good mood and I am very positive about this but there are questions that have to be asked and the first one that I am going to ask has to do with the obligation of the North Fork Animal Welfare League itself. They have, over the yeazs, gone through this community with their thrift shop and their boxes and their fundraising, raising money for a new animal shelter. They raised money for what they need to do but they also have been raising money earmarked expressly for a new shelter. Is the North Fork Animal Welfaze League going to be asked to make a contribution of money? SUPERVISOR HORTON: What I would hope to see after all of these years of everybody collaborating on this matter, I would hope to see all parties, all people who are concemed about the caze of animals at the Southold Town Animal Shelter, that all parties participate in a positive venture to raise funds for this endeavor. And I would encourage everybody to join hands and work together in that fashion. Will I or would I ever force any one particular person or organization to be involved in that? I wouldn't do that, I couldn't do that. MS. WOLF: No. Certainly. SUPERVISOR HORTON: However, I would, from the bottom of my heart, encourage anybody who's concerned about the care of animals to positively join together and assist in these efforts. And we welcome, you know, with open anns anybody in the community who would want to assist. MS. WOLF: Okay. That's, my last question has to do with the Raynor Foundation itself. And the Morelli's who are here could maybe participate with your approval or not, I don't suggest that they do, but you aze going to be asking this community to right checks to a foundation, to generously or not so generously give money and people are asking and need to know something about the Raynor Foundation. I recognize that it was formed for an immediate and quick result and response to a gift and to get going. But there has been a sufficient amount of time now and I see this as taking off, like a shot. So you must be able to tell this community if you don't know now, perhaps there is something you can say; who is Raynor Foundation? Who is the boazd? Who in this town sits on their boazd? Not only their executive board but membership boazd? And I think we aze entitled to know that. SUPERVISOR HORTON: By all means, you are entitled to know that. This hearing is not about the Raynor Foundation, this hearing is about the Southold Town Board moving forwazd with a proposed $2.6 million bond issuance to cover the cost of the construction of the animal shelter. MS. WOLF: And fundraising is all part of it. SUPERVISOR HORTON: No, fundraising is not part of this hearing. Fundraising is something that I hope to see effectively happen in this community. MS. WOLF: So before, okay, so before I go back and sit quietly... SUPERVISOR HORTON: Well, I think that one thing that you can do is, you know, after the meeting, speak with Mr. and Mrs. Morelli, who aze here.... July 26, 2005 • 7 • Public Hearing-Animal Shelter Bond MS. WOLF: I think that that is not my job, I think it is a Town job to have all of those questions and answers right out there for the whole bunch of us. But I just want to go back and sit down and know that you're after $2.5 million, whether you get fundraising or not, this town is going to have that bond? SUPERVISOR HORTON: That is correct. MS. WOLF: Okay. SUPERVISOR HORTON: That is what we are moving forward. With or without fundraising efforts; I would only hope that fundraising efforts aze successful and I believe that they can be but this meeting and this proposal is not about fundraising... MS. WOLF: Okay. SUPERVISOR HORTON:...it is not about any organization other than the Southold Town Board and the issuance of the proper amount of funding to build this shelter, A to Z. Top notch. MS. WOLF: That is what I came to find out. Thank you. And again, my very best wishes. COUNCILMAN ROMANELLI: Ms. Wolf, I want to just clarify, it is also not just about fundraising, it is also, this hearing is about the bond and not the Raynor Foundation and not the North Fork Animal Welfaze League. It is about building, so how I am thinking, it is about building the construction costs... MS. WOLF: You clarified it for me. This is about getting a bond for $2.5 million that buys the whole shebang. SUPERVISOR HORTON: $2.6, yes. COUNCILMAN ROMANELLI: Right. Yes, it is $2.6, right. MS. WOLF: That is my question, that is the answer and I am content. SUPERVISOR HORTON: Okay, thanks. And we welcome all the players who want to help in the future on this matter. Would anyone else caze to address the Board? Yes, Mr. Cazlin. FRANK CARLIN: Frank Carlin, Laurel. Three questions, I might return if I find it necessary. One is, how much money do we have left of that $250,000 that Mr. Raynor donated back in 2001? SUPERVISOR HORTON: Mr. Carlin, that is a fair question, but I want to make sure that this meeting, that the topic is specifically about this bond. MR. CARLIN: Well, it is about the bond. SUPERVISOR HORTON: Well, that is not about the bond that is about the Raynor Foundation. July 26, 2005 • 8 • Public Hearing-Animal Shelter Bond MR. CARLIN: I would like to know how much money we have towards that amount of money we are asking for? SUPERVISOR NORTON: Mr. Cazlin.... MR. CARLIN: What happened to that $250,000, Josh? SUPERVISOR NORTON: Mr. Carlin. MR. CARLIN: Go ahead. SUPERVISOR NORTON: We are moving forward with a bond issuance to finally after all these yeazs, get this project underway. That is what we are doing. That is what this meeting is about. It is a public hearing that we are not legally obligated to conduct but we thought it was in the best interest of the public to provide that voice on that matter, to move forward with this project. MR. CARLIN: I am only asking, Josh, that... SUPERVISOR NORTON: And what I am telling you is that... MR. CARLIN: ...to be able to reduce that $2.6 million. Another thing... SUPERVISOR NORTON: I believe initially it was a $250,000 contribution and what it is at this very moment, I do not know. MR. CARLIN: Well, can anybody tell me? I asked that question two months ago... SUPERVISOR NORTON: That is fine, Mr. Carlin, but tonight's meeting, tonight's hearing, excuse me; I am going to be very strict... MR. CARLIN: I know you aze going to get very strict because you only got five months to go and you don't realize... SUPERVISOR NORTON: That has got nothing to do with it, Mr. Cazlin... MR. CARLIN: ....you are getting kind of lazy on my Board meetings... SUPERVISOR NORTON: You know what, Mr. Carlin? MR. CARLIN: Yeah? SUPERVISOR NORTON: You are no longer productively adding to this heazing. MR. CARLIN: I object to that. SUPERVISOR NORTON: And that is fine. MR. CARLIN: As a citizen of this town I am entitled to... July 26, 2005 • 9 • Public Hearing-Animal Shelter Bond SUPERVISOR NORTON: And that is fine. And I am going to call somebody else to the podium and allow them to address the Board... MR. CARLIN: And I might take you to court on that for discrimination. How does that sound? And sue the Town. SUPERVISOR NORTON: That is fine. You have made your... MR. CARLIN: Because I have a right to speak, like anybody else. SUPERVISOR NORTON: You certainly do. And this... MR CARLIN: You are not going to pull... SUPERVISOR NORTON: And this hearing... MR. CARLIN: ....like you did with Mrs. Egan that night and walk out on her, I will tell you that right now. SUPERVISOR NORTON: Mr. Callin, Mr. Carlin you are out of line and this hearing.... MR. CARLIN: I am not out of line, I am asking a simple question... SUPERVISOR NORTON: This hearing was very cleaz... MR. CARLIN: What happened to the $250,000? Maybe they will be towards and reducing this amount... SUPERVISOR NORTON: Mr. Carlin. Mr. Carlin. MR. CARLIN: ...how much did we collect on interest... SUPERVISOR NORTON: That money is in... MR. CARLIN: In escrow. How much money do we collect on interest on that? You can't answer that, can you? COUNCILMAN WICKHAM: Mr. Carlin, after the meeting, after the meeting go out the door... SUPERVISOR NORTON: I can answer it, Mr. Carlin... COUNCILMAN WICKHAM:....and somebody will explain that to you. SUPERVISOR NORTON: This meeting is about the bond, nothing more, nothing less and that is what we aze talking about tonight. July 26, 2005 • 10 • Public Hearing-Animal Shelter Bond COUNCILMAN ROMANELLI: And Mr. Cazlin, I will get, we will get you the answer to that question, once we speak to the Comptroller. We can get you that answer. No one knows it here tonight. MR. CARLIN: Alright. Let me go to my second question, if you don't mind. If I am allowed to. SUPERVISOR NORTON: You may. MR. CARLIN: The last two budgets, Josh, you announced that you put aside $750,000 in the budgets towazd building the animal shelter. SUPERVISOR NORTON: That is not true. MR. CARLIN: Well, you said it in the local papers. SUPERVISOR NORTON: Mr. Carlin, I will explain that to you and again... MR. CARLIN: (Inaudible) SUPERVISOR NORTON: If you will allow me, if you will allow me; every year, when we put forth our budget, we aze required to list on paper for accounting purposes three yeaz plan for Capital Projects. My commitment has been, since I have been here, is to ensure proper construction of an animal shelter. So I made darn sure that every year I have been in office, there is a number assigned in a budget line, in the Capital budget for construction of an animal shelter. This is the year that is coming due and that is coming to fruition. And in the Capital budget, the Capital budget is not money that is appropriated. It is not money that has been raised through taxes or any other means. It is a number to say that this is what we anticipate spending for a capital project. COUNCILMAN ROMANELLI: In other words, if we don't spend that, Mr. Carlin, if we don't spend that money it is not like we go into next year saying, `okay, we have $750,000 from last yeaz that we didn't spend, let's put that in the bank' SUPERVISOR NORTON: It is not funding that exists... COUNCILMAN ROMANELLI: Right, it is... SUPERVISOR NORTON: For accounting purposes, it is on a line to say we anticipate moving forward with this particulaz capital project. And that is why this yeaz, it was again in the capital budget, which brings us to this hearing which is a public hearing on actually funding that budget line for the project. MR. CARLIN: But in other words, since 2001, nobody can tell me how much money is left from Mr. Raynor's $250,000 or maybe even more... SUPERVISOR NORTON: Mr. Cazlin... July 26, 2005 • 11 • Public Hearing-Animal Shelter Bond MR. CARLIN: You can't do that, can you? SUPERVISOR HORTON: Yes, Mr. Cazlin, I can. I can. But this meeting is not about that. I can get that infonnation to you, I can get it to you first thing in the morning. But this meeting is about the issuance of $2.6 million in bonds for the construction of the animal shelter. That is what this meeting is about. MR. CARLIN: Let me ask you another question. SUPERVISOR HORTON: Please. MR. CARLIN: Are you going to make the final decision tonight about accepting on this bond? Passing it... SUPERVISOR HORTON: We are not voting on anything this evening. MR. CARLIN: Well, you know it is very funny, Josh... SUPERVISOR HORTON: We legally can't vote on this, this evening, Mr. Carlin. MR. CARLIN: No, I tell you, I tell you, you had nineteen years of studying this thing, I don't see why you got to look forward to more studying and detail. You had nineteen years. But anyway.... SUPERVISOR HORTON: Mr. Carlin... MR. CARLIN: Last Board meeting I came up here... SUPERVISOR HORTON: Mr. Carlin... MR. CARLIN: Please let me speak. SUPERVISOR HORTON: It is anticipated that at this coming Tuesday's meeting, a week from today, that the Town Boazd will be voting on the issuance of those bonds. On proceeding with that. Tonight's step is holding a public hearing so the public has the opportunity to address the Board on the funding of the project. This is a public hearing, not a public meeting. The Town Board legally cannot vote this week. MR. CARLIN: I am just trying to prove a little fact here to you. Last Boazd meeting I was at, you had a public hearing buying the Camp Malloy property. You wasn't here. And I come up here and I said to the Boazd, are you going to vote on this tonight and they said yes. I said, well what is your hurry on voting on this? They voted the same night. So this one, though, it is different. We know what we have got here, nineteen years we have been studying this project. Why can't you make your decision tonight? SUPERVISOR HORTON: Mr. Carlin. MR. CARLIN: Because I have seen this happen nineteen years already. July 26, 2005 • 12 • Public Hearing-Animal Shelter Bond SUPERVISOR HORTON: Mr. Carlin... MR. CARLIN: You go over and over and over. SUPERVISOR HORTON: Okay. I... MR. CARLIN: It is the same record that is playing over. Thank you and I am going to tell you... SUPERVISOR HORTON: And I would agee... MR. CARLIN: ...I am seeing my lawyer tomorrow about you, Josh. SUPERVISOR HORTON: And I would agree that the same record is playing over and over. MR. CARLIN: Because it is discrimination to prevent somebody from speaking up here. I lived in this town for 51 years and you or anyone else is going to prevent me from speaking.... SUPERVISOR HORTON: Okay. Would anyone else care to address the Town Board? MR. CARLIN: ...and I have been coming to Town Board meetings for many a years. SUPERVISOR HORTON: Thank you, Mr. Carlin. MR. CARLIN: You gonna have yourself a lawsuit. The Town is. SUPERVISOR HORTON: That is fine. You are entirely out of line and I was completely within my bounds. Mr. Geiss. MR. CARLIN: (from audience) That is the last straw on me. SUPERVISOR HORTON: I will get you next, ma'am. MR. CARLIN: (from audience) You aze dealing with the wrong guy here. GUNTHER GEISS: I am Gunther Geiss of Southold and Supervisor Horton, members of the Town Board, I thought I would like to address three issues that I presume concern the people of Southold and Miss Cooper, I will have a copy for you. The three issues that I think we all should be concerned about aze 1. Does Southold need a new animal shelter? Secondly, is the shelter plan that is presented a good one and finally, is the estimated cost reasonable? Now, does Southold need a new animal shelter? And I believe it does for the following reasons. In late 2000, as you have now heard, a generous former resident, Elliot Raynor, presented the town with the possibility of receiving $250,000 on two conditions. One that the town would build a shelter named after he and his wife, Elliot and Theresa Raynor and second and I hope you all will remember this little bit, that it be surrounded by a white picket fence. Now, the gentleman was 98 at the time that he made the gift and that was in about 2001 when Supervisor Cochran announced it and the Town Board committed to building the shelter. July 26, 2005 • 13 • Public Hearing-Animal Shelter Bond So we have a moral obligation to honor the gentleman's wishes and to make good use of his gift. Unfortunately he passed on at age 100 before the shelter could be started. Secondly, is there public interest in the new shelter? And the answer to that, too, is yes. Mazch 27 of 2001, Marilyn Sawastynowicz came before the Town Board and presented the Town Board with 6,766 signatures supporting the construction of a new shelter. I would doubt that many of those persons have changed their mind over the years that we have been trying to get this done. However, there is a really imperative reason for building a new shelter and that very simply is the conditions of the present shelter are not fit for man or beast. Anyone who has visited knows this. The current shelter was a temporary solution to a state mandate that we have a shelter and that was about 25 years ago. In 2001, the North Fork Animal Welfare League hired Bradley and Associates and some of you who were on the Board will remember his presentation and he reported to NFAWL and the Board that the animal shelter was in such a poor condition largely due to a lack of maintenance that to invest any effort into an addition and renovation would be inappropriate. The interior kennels aze dark, damp and poorly ventilated. The exterior kennels and runs aze not shaded from the summer sun, nor aze they protected from the winter snows, the hails, the winds. The waste troughs freeze in the winter and don't take my word for it, I will tell you something that the experts have said. "These aze just a few of the dangerous and hazardous conditions at the facility: poor drainage systems, floors incorrectly canted resulting in puddles in kennels and perpetually damp floors, failed ventilation systems, no system for air exchange, air conditioning system basically nonexistent, ancient donated window units in four units of entire facility, outdated and faulty guillotine doors on kennels, unsafe and inefficient, dog kennels deteriorating, unsafe and unsanitary, no commercial dryer or washer, electrical hookups inadequate and unsafe, exterior stockade fencing is old and needs replacing, dogs escape, outside exercise runs impossible to sanitize..." and that is the statement of Anna Cosimano, the President of the North Fork Animal Welfare League, to the Board on November 14, 2000. SUPERVISOR HORTON: And she was right. MR. GEISS: And she was right and she still is right because the conditions haven't changed. Another expert, "We have the best employees and I want to say this about Miss Wood, now Gillian Wood Pultz, and her staff. They aze the most dedicated, qualified individuals I have ever met and for everyday that they have to go into those facilities and work under those deplorable conditions is a disgrace to every resident and taxpayer in the Town of Southold and I would like to see this Board fully fund a new facility and get into crisis mode to get the job done." She went on, "You have cesspools backing up, you have no hot water... SUPERVISOR HORTON: Mr. Geiss? I don't think it is necessary to quote another resident of the community. MR. GEISS: Okay. But I am just saying that this is another officer of NFAWL, Therese McGuinness, who was talking about the employees problems with the shelter. SUPERVISOR HORTON: Certainly. MR. GEISS: So the point is, we absolutely need one. SUPERVISOR HORTON: Right. July 26, 2005 • 14 • Public Hearing-Animal Shelter Bond MR. GEISS: Now, is the shelter plan a good one? Prudently the Town Boazd chose a design firm that specializes in the design and construction of animal care, animal boarding and animal sheltering facilities. As you said eazlier, Scott Leamed of Design Learned, is very well known extensive expertise and experience with these very specialized facilities. He has published work on noise control and disease control in animal facilities. And people with poor animal shelters turn to him for problem solving. His achievements aze listed on his website. His most recent project is a conversion of a former Sears warehouse into an 80 dog kennel, student housing and training facility for the Guide Dog Foundation in Smithtown. The Guide Dog Foundation is well known for its years of service to and training of blind individuals and their guide dogs. The Executive Director and its Facilities Manager gave the facility rave reviews when we visited after its completion. So each of us is bound to have questions and suggestions about the plan. I am sure the design team will listen but I think that it is really time that we leave the design decisions to the experts. Is the shelter cost estimate reasonable? The third issue. There aze individuals who have referred to it as a Taj Mahal, others have talked about low cost solutions using factory-built modules. To grasp the nature of the design issues, perhaps we should think not of an animal shelter as we would think of a place for an animal in a home but rather as an emergency room in a hospital or rather an infectious disease ward of a hospital. Why? Well, simply when a dog control officer is called to pick an abandoned, stray animal, there is usually no knowledge of that animal's condition and this was discussed earlier. Distemper, infectious, contagious disease; abuse; aggressiveness. You don't know what you will face. When taken to the shelter, special caze is required to prevent the contamination of the shelter and the spread of disease to other sheltered animals. So physical isolation is the issue, air system isolation is an issue and waste system isolation is an issue that is critical to preventing disease. Since animals tend to eliminate wherever they find it convenient, it is necessary for hygiene to power wash and disinfect the areas inhabited by the animals every day. Even a hospital doesn't suffer that kind of tough caze. Public facilities, if you think fire house, police headquarters, school, library, town hall, hospital need to serve the public for 30 to 50 yeazs. The service required is generally heavy duty. Therefore construction requirements are quite different than home construction. And I think that is an error many people will make. They will say, my god, you know, compazed to a home, why can't this just be $500,000? Because the construction requirements aze much more stringent. Different materials, different methods, different standazds and pazticulazly because it is a public facility, there are additional requirements. Handicap access and such. So well done, a facility like this will pay back the publics investment. In summary, do we need a new shelter? Yes, to honor Mr. and Mrs. Raynor. Yes, because the animals deserve better. Yes, because the shelter staff deserves better. Is the plan a good one? In my view, yes. It was done by professionals that specialize in this azea, it was done by professionals with expertise and experience. And that is critical to success. Is the cost reasonable? I think it is because of the special nature of a public facility like an animal shelter. Should we issue the bonds? Absolutely yes and I congratulate the Boazd on bringing this forward and getting us a bit closer to finally meeting Mr. Raynor's wish. And please, remember the white picket fence. SUPERVISOR HORTON: Thank you, Mr. Geiss. Would anyone else care to address the Board on this hearing? Yes, please. CAROLE GEISS: Carole Geiss, Southold. Good evening, Supervisor Horton and congratulations and members of the Board. I was a volunteer dog walker at the Town's animal shelter for 18 months. For twelve weeks in the summer and fall of 2001, I was there six days a week working with Max, a dog I July 26, 2005 15 Public Hearing-Animal Shelter Bond was training. I often helped the staff, working in squalid conditions, to clean feces from kennels and dump it into gazbage cans lined with plastic bags that hazbored dozens of flies. To treat fly-bitten dogs ears, to fill water bowls that had been overturned and to dump large bags of cat litter into an overflowing dumpster. Sometimes in 90 degree weather. In winter, when the dog kennels were washed down, the runoff froze on the kennel floor and on the concrete troughs. Sometimes preventing the opening of the kennel gate. And Mr. Romanelli knows what the conditions aze when the water is frozen outside the kennels. The dogs water froze, their blankets froze, the hoses froze, our hands and feet froze. The new shelter has been planned to eliminate these and many more problems that exist at the present shelter. This folder contains partial Town Boazd meeting minutes from October 2000 to May 2002. And every post-it marks a reference to the need for or the plan for a new shelter. We were at this point once before but bids exceeded the $500,000 that had been bonded. We hope that this time you have included all contingencies, so that we will not have bids exceeding the bond issue. Thank you for being committed to taking this project forward. It will be good for the animals, it will be good for the staff, it will be good for our community and it will fulfill Mr. Raynor's last wishes. And if you could give me just one more minute, I would like to read a note from a former shelter volunteer. July 26, 2005 Southold Town Board: "Gentlemen, I regret that I am out of town and unable to attend this heazing tonight, however, as a faithful member and supporter of the North Fork Animal Welfaze League for four decades, it is my fervent wish and prayer that you will see fit to approve this funding for the animal shelter. It has been a long struggle and wait and I hope that you will finally approve this desperately needed building. Thank you. Sincerely, Cora Glover Stoll" Thank you. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board? Yes, ma'am. ANNE PHILIPS: Good evening. Anne Philips from Cutchogue. I would like to ask you about the bond and the procedure that you go through and if it is as you said, is that at the next Town Board meeting and it is approved then when will the building of the shelter take effect? SUPERVISOR HORTON: The, there is a time which the Board, the next vote we will have, the next step in this process after this hearing, will be to, the Boazd will vote to authorize the issuance. Then when the project is put out to bid and the bids come in, then the Board will review the bids, awazd the bids; to awazd the bid, the Boazd will have to take a formal vote to award the bid to whatever contractor is being awazded that bid. When the bid is awarded, for the construction... MS. PHILIPS: Yes, but is this not a, what we were shown tonight? Is this not what we are going to approve or... SUPERVISOR HORTON: Yes. MS. PHILIPS: Oh, there are others that will be able to build it, like this? Or, I don't quite understand... SUPERVISOR HORTON: This is... MS. PHILIPS: When you say bids go out... SUPERVISOR HORTON: This is the design. So the construction... July 26, 2005 ~ 16 • Public Hearing-Animal Shelter Bond MS. PHILIPS: Oh, I see. SUPERVISOR HORTON: The construction bids will go out and we will receive the construction bids for the physical construction. MS. PHILIPS: Oh, alright. SUPERVISOR HORTON: At that point the Board will have to vote to accept the bid. MS. PHILIPS: I see. SUPERVISOR HORTON: When we do, at the same time, we will vote to authorize the issuance of those bonds. Basically what we will do is activate the bonds. It simply takes a vote. And at that point the money will be in hand to proceed with the construction. MS. PHILIPS: So would you give a ballpazk figure... SUPERVISOR HORTON: I will attempt to do so as to when we would actually see a shovel in the ground? When....Jamie....hang on a second, I will get the answer to your question right now. When can we anticipate, what is a reasonable time frame for..... TOWN ENGINEER RICHTER: We have a final design development meeting scheduled in two weeks and we were hoping to at that meeting anchor down when the bid packages would be ready to go to bid... SUPERVISOR HORTON: And the time that the bid package is out to bid is 30 days? 45 days? TOWN ENGINEER RICHTER: (inaudible) SUPERVISOR HORTON: So is it possible that the bids could be awazded by late summer, early fall? TOWN ENGINEER RICHTER: It is possible but (inaudible) SUPERVISOR HORTON: And then construction can proceed at that point. Does that answer the question? MS. PHILIPS: Yes. SUPERVISOR HORTON: Thank you. Would anybody caze to address the Board that hasn't spoken yet? Yes, Mr. Carlin. And let me say, Mr. Cazlin, it would not be a Town Board meeting without you. Frank and I go round and round from time to time but we can't help buy like each other. MR. CARLIN: What I want to specify, I am all for this shelter being built. I have been fighting for this shelter for 19 yeazs. Maybe the questions I ask you didn't fall fit this program tonight. It is unfortunate that we had to get into this discussion. But that animal shelter was never designed to be a permanent shelter. It was designed back in 1973 to be a temporary shelter and it ended up after 32 July 26, 2005 • 17 • Public Hearing-Animal Shelter Bond years being a more or less a permanent shelter, which is falling apart. I have seen in 1986, where the Town Board was going to build a shelter and they had $125,000 to build a shelter. I had come to the Boazd at that time. So when it went out for bid, the bid came to $250,000 to $350,000 so it was dropped and never went any further than where we are today because the more you wait, the more it costs to build something. Now back in 1940, you could buy 20 cars for what you can only buy one today for. I know a person bought a car, a Plymouth, a brand new one for $1,000 but anyway, that is not my point here. My point here is, I am all for these animals, I love animals, they deserve to have better than what they have. They use in our society, they are they for canine operation, they are there for airports, they are there for seeking out the people in 911; there was case in Arizona where a dog saved a child's life from being bit by a snake. There was one in Orient where a child wandered away from the home and the dog found her. So animals, dogs are very important and this is why I have always loved dogs. I have two graves home, in my backyard aze my dogs. They are fenced around with a stone there. So that is how much I loved the dogs. So I give the Town Board credit, I hope finally they come to the conclusion and we get this thing done once and for all and I am all for building the animal shelter. Even I went around, you are not the only one I went around with, I went aoound with John Romanelli one night with this, I think about two years. Remember that John? When we started to fire torpedoes back and forth to one another? COUNCILMAN ROMANELLI: Oh, yeah. You are getting to sentimental now, you are making the 2.6 seem cheap. MR. CARLIN: I know. I know. That is what happens, due to time. But with all my six Board Supervisor's nobody has been able to do this. You will be able to probably when you leave here say, I was the sixth one out of the six supervisor's was able to get the Town Board animal shelter built. Do you realize that? You realize that one? But anyway, with all the six supervisor's here, nobody has been able to do the job. And another thing is, I stood before six supervisor's in my career here, my 51 years in this Town and not one supervisor, Josh, ever said to me, you can't speak anymore. You should sit down. I am very disappointed in you. I voted for you twice. That is it. And you haven't heard the end of this yet. SUPERVISOR HORTON: Well now I am not going to run again. MR. CARLIN: You are not going to heaz the end of this yet. I don't forget. I think you was out of place by telling me to sit down, being in this town so long and having so much interest in this animal shelter, you are the only one out of the six supervisor's that ever told me that. COUNCILMAN WICKHAM: Some of us were sorely tempted. MR. CARLIN: What is that? What is that, Tom? COUNCILMAN WICKHAM: Some of us were sorely tempted. Remember we used to have a timer up here? MR. CARLIN: I know. You were specialized in that one. Don't let me get off the subject, Tom, I am on the animal shelter. I have got something to say about that, Tom. You used to flash that in front of me and it used to click off when I had five minutes was up. July 26, 2005 • 18 • Public Hearing-Animal Shelter Bond COUNCILMAN WICKHAM: That is right. MR. CARLIN: And that maybe is why you lost your election, because people didn't like it. COUNCILMAN WICKHAM: That just maybe. That maybe. Thank you. MR. CARLIN: I got one more thing to say where you want to fire a torpedo here. Remember, Tom, back in 1995 when McDonald's was going to open up? You and your United Southold Party denied them a right to put a flagpole up. I had to come to the Town Boazd and challenge you on it. Think about it, Tom. SUPERVISOR HORTON: Would anybody care to address the Town Board? Mr. Wolf. JESSE WOLF: Jesse Wolf, Southold. As usual, I came here to observe but things happen in the course of the meeting that forced me to take the microphone. I also realize this is an open meeting discussing the bond issue but I think I would be less than candid if I note the absence of any officials from the North Fork Animal Welfaze League, either for the bond issue, against the bond issue, sitting in the middle or having some comment. My observation of the plans aze very positive. I think they aze good plans, I think they are wholesome plans and I think they will result in an excellent animal shelter. But I wonder what will happen if the bids that come in exceed the $2.6 million? Will that difference be made up through the Raynor Foundation fund raising? If and when it ever takes place? Can we expect the League to contribute some money? It seems to me that those are questions this Town wants answers to and it seems to me that this Boazd, even though I fully expect that you will approve the bond issue, has got to be prepazed to answer at some in the future. Thank you. SUPERVISOR HORTON: Thank you, Mr. Wolf. Would anyone else caze to address the Town Board? Yes, Mr. Geiss? MR. GEISS: Just a brief suggestion. In discussing something like this and it doesn't matter which capital project it is, the public's response is often predicated on the size of the number given for the bond issue. I would suggest that you also talk about what the impact on the tax rate is. SUPERVISOR HORTON: Okay. MR. GEISS: And, you know, do the calculation for people. I did it today quickly, apparently paying off this bond in 30 years if it is a normal municipal bond rate is about $141,000 added to the budget every year. SUPERVISOR HORTON: Most municipal bonds aze 20 yeaz notes. MR. GEISS: Twenty years. In that case, even at four percent it would have been about $190,000 but it is not a lazge sum and I don't think that people really grasp that. You know, it is an aznortization; it is not an outlay immediately. SUPERVISOR HORTON: Right. Thazilc you very much, Mr. Geiss. Yes, Mr. Schwartz. July 26, 2005 • 19 • Public Hearing-Animal Shelter Bond BENJAMIN SCHWARTZ: Good evening. I want to thank the Town Board and I would like to thank the public and I wish that my notes were more organized but I ask you all to please bear with me. And Josh, I would ask you to give me a little bit of leeway here. I think I deserve it, I think this is a public hearing... SUPERVISOR HORTON: It is a public hearing... MR. SCHWARTZ: ...does it belong to you? SUPERVISOR HORTON: It is a public hearing on a very specific matter and if you aze discussing the specific matter, you have the floor. MR. SCHWARTZ: Well, so far, I am. A lot of different issues that play into this. I would like to begin with a question on the design. I will ask if I could two questions and get two answers. What aze the purposes of, what is the purpose of the office for the Raynor Foundation in the shelter? There is a room that is designated as an office for the Raynor Foundation. And also the treatment room. What is the use of the treatment room? Can I get an answer? COUNCILMAN WICKHAM: I would like to address the Raynor Foundation question. As we have discussed earlier, the Raynor Foundation, the Town of Southold has a memorandum of understanding, signed between the Town and the Raynor Foundation that the foundation will assist in fundraising. We anticipate a substantial part of this $2.6 million will someday be re-financed by that private fundraising. We believe they should have a room inside that building to facilitate that function. We think it is appropriate, we think it will fit and we think it goes with the job. What was the second question? SUPERVISOR HORTON: The treatment room. COUNCILMAN WICKHAM: Treatment room, has to do with treatment of animals who have particulaz problems that, medical treatments that need to be given that should be isolated from the other animals. MR. SCHWARTZ: Uh, will it... SUPERVISOR HORTON: I believe that was one of the items that came up in a suggestion that came up over the past couple of years, if I am not mistaken please correct me if I am wrong, I believe the treatment room was suggested because oftentimes vet's will actually come to the facility to issue treatment to sick or injured animals. MR. SCHWARTZ: Will the treatment room include facilities for neutering, specifically spaying and castrating the poor beasts? COUNCILMAN WICKHAM: Don't know. SUPERVISOR HORTON: It is not a surgical suite. July 26, 2005 • 20 • Public Hearing-Animal Shelter Bond MR. SCHWARTZ: Didn't the North Fork Animal Welfare League volunteer to donate a surgical suite? SUPERVISOR HORTON: I believe in a separate facility. MR. SCHWARTZ: As an additional building.... SUPERVISOR HORTON: I believe so. MR. SCHWARTZ: ....part of this facility? COUNCILMAN WICKHAM: Not part of this facility. This $2.6 million bond that is on the heazing tonight, which has a plan attached to it does not include a surgical suite. MR. SCHWARTZ: Okay. It does not? And yet the North Fork Animal Welfare League volunteered to donate money to build, at their cost for the Town, a surgical suite and other facilities to add to this facility. COUNCILMAN WICKHAM: We have heard some discussion about that, we are going to be open to it, meanwhile, we have a $2.6 million bond issue on a specific building that does not incorporate that. MR. SCHWARTZ: But didn't the Town Boazd reject their offer? That was the understanding I got. COUNCILMAN WICKHAM: We have not rejected that offer.... MR. SCHWARTZ: Excuse me Mrs. Wolf.... SUPERVISOR HORTON: Excuse me Mr. Schwartz? MR. SCHWARTZ: Yes? SUPERVISOR HORTON: That is not necessary or appropriate. MR. SCHWARTZ: I can't heaz what he is saying... SUPERVISOR HORTON: Particularly when you aze yelling across the room, please focus on the Board. COUNCILMAN WICKHAM: We did not reject that, in any event, that discussion is not part of tonight's hearing. We aze still open to some discussions and some developments along those lines. But that is not a part of what we are here tonight for. MR. SCHWARTZ: Bear with me, please, for one minute. What we aze for tonight, there was some public notices paid for by the Town in the papers. Unfortunately, the Suffolk Times own notice of this meeting was buried in the last paragraph of an article on the Transfer Station, costs for the, expenses for the Transfer Station. July 26, 2005 21 Public Hearing-Animal Shelter Bond SUPERVISOR HORTON: That may have been in the Town Hall notes, which is derived from.... MR. SCHWARTZ: I don't think so. There was an article that was headlined about and it discussed in the first... SUPERVISOR HORTON: But that wasn't an official notice. MR. SCHWARTZ: No, that wasn't an official notice. But I am saying maybe that is why there might be people who would have liked to come to this but they weren't aware of this because our local • paper... SUPERVISOR HORTON: They have done it again. MR. SCHWARTZ: Screwed up. SUPERVISOR HORTON: I hear you. MR. SCHWARTZ: On the other hand, I am not encouraged by your offering to this information on the website next week. I feel that the information to prepare for this meeting should have been available prior to the meeting, that is the way public hearings work much better. SUPERVISOR HORTON: The information for this hearing.... MR. SCHWARTZ: Yes? SUPERVISOR HORTON:...was published in the newspapers. MR. SCHWARTZ: It was published that there was going to be $2.6 million bond. I made a Freedom of Information Request and the Town Clerk did their best to satisfy that request and they faxed me a breakdown, a preliminary cost estimate, which adds up to $2.6 million. I was disappointed that, I was under the impression that Raynor had given the Town $250,000 and the Town saw fit to form a shell corporation in your own words, that the Raynor Foundation is actually a shell corporation-an arm of the Town of Southold. SUPERVISOR HORTON: Excuse me... MR. SCHWARTZ: That is what you told me. SUPERVISOR HORTON: I have never used the words `shell corporation' those are not words... MR. SCHWARTZ: That was your words and it is on the public record. It was at a public meeting, so... SUPERVISOR HORTON: Okay. Well, nonetheless, we welcome the Raynor Foundation's efforts. July 26, 2005 22 Public Hearing-Animal Shelter Bond MR. SCHWARTZ: Well, if they are going to be... SUPERVISOR HORTON: And I just hope that everybody will join together. MR. SCHWARTZ: If they are going to be contributing $250,000 that is almost 10 percent of this cost. COUNCILMAN WICKHAM: And we anticipate it will be much more than 10 percent but to get this project started we are looking for $2.6 million, which we estimate is the cost... MR. SCHWARTZ: Okay, well I am in favor of the bonding of some money, however I feel that the office for the Raynor Foundation has no place in this design, as the expert whom the Town hired to advise it also suggested. I feel that the, I was in the animal shelter on Monday and someone came in, a woman came in there and wanted to borrow some traps. Some female cat strayed into her yard and saw fit to start a family there. She wanted to get them neutered, so she borrowed some traps to capture them. When she was told that she would have to go to Calverton to get the cats neutered, she asked why can't we do it here? Why can't it be done here? And I don't think there is any reason for $2.6 million, you take that office out and enlarge the treatment room, maybe you would have a place where the animals could be neutered and we could reduce the problem of stray animals in town here. I would like to ask if anybody here knows what the new site or the expansion of the current site, what currently exists on that property? COUNCILMAN ROMANELLI: (Inaudible) and dirt and you know... UNIDENTIFIED: It is part of the Highway storage yard. COUNCILMAN ROMANELLL It is nothing special. MR. SCHWARTZ: Things that the Highway Department has deposited there? COUNCILMAN ROMANELLI: Right. MR. SCHWARTZ: And they can't remove them. They... COUNCILMAN ROMANELLI: It's, right, I don't understand the point. It is a piece of land where a building is going to be built. MR. SCHWARTZ: My understanding is that there still is some stuff there. A lot of the items in this cost estimate seem to be things that would perhaps be better off in a cost estimate for an expansion of the police department. And I have been asked by many people, if you are going to put a water main into the new animal shelter, isn't that going to service the police department, also? COUNCILMAN WICKHAM: That question came up several yeazs ago in a proposal for an animal shelter. I think we have cut this one clean and this $2.6 is almost entirely devoted just to the animal shelter. There is no ancillary benefits for any other activity or any other structure or any other town operation. July 26, 2005 • 23 • Public Hearing-Animal Shelter Bond MR. SCHWARTZ: So the water main will just run right by the police department, it won't be connecting. COUNCILMAN WICKHAM: We are expecting a dedicated line with a fire safety hydrant, specific to the animal shelter. If the police need something, they aze going to get something different. MR. SCHWARTZ: In the paper it was reported that $180,000 had already been spent on architectural fees that or had been committed, $180,000. It was reported that $60,000 had already been paid and that you bonded another $60,000 towazds that? SUPERVISOR HORTON: No. The remainder of the costs aze incorporated in this bond issuance. MR. SCHWARTZ: So that other additional $60 hasn't been, $60,000 is all that the Town has paid out? Did that come from the amounts budgeted in the Town budget or did that come from the Raynor... SUPERVISOR HORTON: Yes. That funding came from contingencies. And this project also has contingencies built into the budget. MR. SCHWARTZ: Because, you know, in the cost estimate here, it says architectural fees $120,000. But in the paper it said $180,000. COUNCILMAN WICKHAM: The total cost of the contract is $180,000. The first (inaudible) is $60,000, the second is another $60,000 and when the whole job is complete, it will be $120,000. MR. SCHWARTZ: Okay. So in other words, the $60,000 is already paid and that is why you don't have to include it.... COUNCILMAN WICKHAM: Yes. MR. SCHWARTZ: ....in here because this is the additional costs. Thank you for that clarification. Okay, well, I, in closing I would just like to again thank you for inviting us here and I wish you godspeed in building the new shelter. COUNCILMAN WICKHAM: Can we assume that you support the bond? MR. SCHWARTZ: Yes. COUNCILMAN WICKHAM: Thank you. MR. SCHWARTZ: I just, I hope it is done right. I look at what is happening in Southampton right now. COUNCILMAN WICKHAM: That is why we have engaged a qualified firm. MR. SCHWARTZ: Good luck. July 26, 2005 ~ 24 • Public Hearing-Animal Shelter Bond COUNCILMAN WICKHAM: Would anyone else like to address this hearing regazding the $2.6 million bond for an animal shelter? (No response) If not, I declare the hearing closed but it will be open for written comment for several days, is that right? TOWN ATTORNEY FINNEGAN: It is up to you. COUNCILMAN WICKHAM: Let's talk to the Supervisor about that. Josh, could we, would you like to leave this open for written comment for several days? SUPERVISOR HORTON: No, I think at this point we can close the hearing, so that we can move forward next Tuesday. We have had a tremendous amount of opportunity for input on this. We will close this hearing. This hearing, for the record, Town Clerk, is closed. We appreciate you all coming out. I want to thank each and every one of you. I have interacted with you at some point over the course of the past couple of years in discussions about this matter. I look forwazd to the construction of this facility and the community joining together to work toward raising the awareness of the importance of the facility and the Raynor Foundation in their efforts as well. Mr. Cazlin, I also want to let you know that I too am sorry that you and I went round and round and I always look forward to you being at these meetings but I will say that it is important to keep meetings on track, on the specific matters that are before us so as everybody has the opportunity to be addressed and also from time to time it is important to remember that we are people, too and it is fair to criticize us and it is fair to let us know when you think that we are doing something wrong and we appreciate that. That is the, it is an important part of our system. But by no means should any of us be subject to abuse and I felt that tonight you and I had escalated matters where it needed to be ceased. So, I thank you for coming out, I thank all of you for coming out and have a great evening. Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that this public hearing on the matter of the Town of Southold Animal Shelter Bond be and hereby is declared adjourned at 8:50 P.M. Vote of the Town Board: Aye: Councilman Edwazds, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. r + Linda J. Cooper Deputy Town Clerk PATRICIA A. FINNEGAN ~ OFFU( • JOSHUA Y. HORTON TOWN ATTORNEY ~CO Supervisor patricia.finnegan@town.southold.ny.us (~y~ KIERAN M. CORCORAN y Town Hall Annex, 54375 Route 25 P.O. Box 1179 ASSISTANT TOWN ATTORNEY ~ Southold, New York 11971-0959 kieran.corcoran@town.southold.ny.us Oy • LORI HULSE MONTEFUSCO ~~j ~,a~ Telephone (631) 765-1939 Facsimile (631) 765.6639 ASSISTANT TOWN ATTORNEY lori.montefusco@town. southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: July 25, 2005 Subject: SEQR Report -New Animal Shelter I am enclosing the fully executed original SEAR report in connection with the new animal shelter for your file. We will retain a copy in our file. A copy of the resolution authorizing the retention of L.K. McLean Associates to complete the SEQRA review is also attached. If you have any questions, please do not hesitate to call me. /I k Enclosures -4 • 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is no[ always easy [o answer. Frequently, [here are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet Flexible enough to allow introduction of information [o fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 Part 2 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: a A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. © B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions RECONSTRUCTION OF THE SOUTHOLD TOWN ANIMAL SHELTER Name of Action TOWN OF SOUTHOLD Martin Sidor Name of Lead Agency 3CIXS~Xt1{d{X4KX X~id;7X$CdG3C Deputy Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Respons ble Officer in Lead Agency Signature of Preparer (If di Brent from responsible officer) 7~/o2oos website D9 e Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action RECONSTRUCTION OF THE SOUTHOLD TOWN ANIMAL SHELTER Location of Action (include Street Address, Municipality and County) PECONIC LANE, TO WN OF SOUTHOLD, SUFFOLK COUNTY Name of Applicant/Sponsor TOWN OF SOUTHOLD -TOWN CLERK Address 53095 ROUTE 25 City / PO P.O. BOX 1179, SOUTHOLD State NEW YORK Zip Code 11971-0959 Business Telephone (63!)765-1889 Name of Owner (if different) SAME Address City / PO State Zip Code Business Telephone Description of Action: Reconstruction of [he Town-owned Animal Shelter. Project will replace outdated facilities to better accommodate the care of domestic animals (i.e., dogs, cats, some farm livestock). All new features will be located on the existing parcel with some dedication of the site (0.18 acres) [o the Town Police Department. Page 2 of 21 , Please Complete Each Question--Indicate N.A, if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ? Urban ? Industrial ? Commercial ? Residential (suburban) ? Rural (non-farm) ? Forest ? Agriculture ? Other Municipal (Town owned animal shelter) 2. Total acreage of project area: 1.52 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0.91 acres 0.14 acres Roads, buildings and other paved surfaces 0.30 acres 0.50 acres Other (Indicate type) eras area 0.31 acres 0.70 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained 100 of site ? Moderately well drained of site. ?POOrIy drained of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N A. acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~ Yes a No a. What is depth to bedrock 1200+ (in feet) 5, Approximate percentage of proposed project site with slopes. a0-10% 100 % ?10- 15%_% ~ 15%or grea[er_% 6. Is project substantiall contiguous to, or contain a building, site, a district, listed on the State or National Registers of Historic Places? ~ Yes Oi No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ? Yes aNo g. What is the depth of the water table? 13 (in feet) g. Is site located over a primary, principal, or sole source aquifer? ayes ? No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ? Yes a No Page 3 of 21 11 . Does project site contain any species of plant or animal Ilfe that is identifed as threatened or endangered? ?Yes O No Accordin to: Field Review. Entire project site is developed and(or disturbed. Identi each s ties: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ?Yes O No Describe: The project site is flat land. 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ? Yes ONo If es, explain: The site is the existing active Town Animal Shelter 14. Does the present site include scenic views known To be important to the community? ~Ves DNo 15. Streams within or contiguous [o project area: None a. Name of Stream and name of River to which it is tributary N.A. 16. Lakes, ponds, wetland areas within or contiguous to project area: None b. Size (in acres): N.A. Page 4 of 21 1 7. Is Che site served by existing public utilities? ~ Yes ? No a. If YES, does sufficient capacity exist to allow connection? ~ Yes ~ No b. If YES, will improvements be necessary to allow connection? Yes ?No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes aNo 19. Is the site located in or substantial) contiguous [o a Critical Environmental Area designated pursuant [o Article 8 of [he ECL, and 6 NYCRR 617? ?Yes .~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~ Yes .~No g. Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 1.52 acres. b. Project acreage to be developed: 1.34 acres initially; 1.34 acres ultimately. c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: N.A. (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N.A f. Number of off•stree[ parking spaces existing 10 ; proposed 10 g. Maximum vehicular trips generated per hour: N.A. (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially N.A. N.A. N.A. N.A. Ultimately N.A. N.A, N.A. N.A. i. Dimensions (in feet) of largest proposed structure: 32' height; 3l' width; 45' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? N.A. ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed Yes ~NO aN/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Yes ~ No c. Will upper subsoil be stockpiled for reclamation? ?Yes ? No 4. How many acres of vegetation (trees. shrubs, ground covers) will be removed from site? 0.31 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes a No 6. If single phase project: Anticipated period of construction: 9 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated N.A. (number) b. Anticipated date of commencement phase 1 : N.A month year, (including demolition) c. Approximate completion date of final phase: N.A month year. d. Is phase 1 functionally dependent on subsequent phases? ? Yes D No 8. Will blasting occur during construction? ?Yes O No 9. Number ofjobs generated: during construction 12 ;after project is complete 10. Number ofjobs eliminated by this project 0 11 . Will project require relocation of any projects or facilities? ?Yes ~ No If yes, explain: 12. Is surface liquid waste disposal involved? ?Yes ~No a. If yes, indicate type of waste (sewage, industrial, etc) and amount N.A. b. Name of water body into which effluent will be discharged N.A. 13. Is subsurface liquid waste disposal involved? a Yes ~ No Type Septic System Waste 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes aNo If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ~ Yes aNo 16. Will the project generate solid waste? Q Yes ? No a. If yes, what is the amount per month? 1 tons b. If yes, will an existing solid waste facility be used? Q Yes ? No c. If yes, give name Town Transfer Station location CR 48 Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes ~ No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ?Yes ONo a. If yes, what is the anticipated rate of disposal? N.A. tons/month. b. If yes, what is the anticipated site life? N'A' years. 18. Will project use herbicides or pesticides? ?Yes? No 19. Will project routinely produce odors (more than one hour per day)? ?Yes ONo 20. Will project produce operating noise exceeding the local ambient noise levels? ? Yes a No 21 . Will project result in an increase in energy use? ?Yes O No If yes, indicate type(s) New lighting fixtures will be energy efficient as compared to existing equipment. 22. If water supply is from wells, indicate pumping capacity N.A. gallons/minute. 23. Total anticipated water usage per day 250 gallons/day. 24. Does project involve Local, State or Federal funding? ~ Yes ? No If yes, explain: Town funding plus a private grant ($300,000-) from thC~ Raynor Foundation. Page 7 of 21 25. Approvals Required: Type Submittal Date City, Town, Village Board ?Yes ? No City, Town, Village Planning Board ?Yes ? No City, Town Zoning Board ?Yes ? No City, County Health Department Yes ? No -Sanitary System Other Local Agencies Ves ~ O No -Building Dept. Other Regional Agencies ?Yes ? No State Agencies ?Yes ? No federal Agencies ?Yes ?No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ?Yes O No If Yes, indicate decision required: ? Zoning amendment ? Zoning variance ? New/revision of master plan ? Subdivision ? Site plan ? Special use permit ? Resource management plan ? Other Page 8 of 21 2. What is the zoning classification(s) of the site? Residential (R-80) 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N.A. 4. What is [he proposed zoning of the site? NO CHANGE 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? a Yes ? No Proposed project will maintain the existing land use of the site. 7. What are the predominant land use(s) and zoning classifications within a '/a mile radius of proposed action? Municipal Highway Yard: R-80 Town Police Department and Impound Yard: R-80 Commerical: R-4Q, R-80 Residential: R-40 Agricultural: A-C 8. Is the proposed action compatible with adjoining/surrounding land uses with a '/a mile? ?i Yes ? No g, If the proposed action is the subdivision of land, how many lots are proposed? N.A. a. What is the minimum lot size proposed? N.A. Page 9 of 21 10. Will proposed action require any authorization(s) for the Formation of sewer or water districts? ~ Yes 0 No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ayes O No a. If yes, is existing capacity sufficient to handle projected demand? ~ Yes ~ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ? Yes O No a. If yes, is the existing road network adequate to handle the additional traffic. ayes ? No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/ ponso Name Andrew~B. Speiser Date ~ ~ 3cT'75 Signature ~z.li,y 1-to Title L~~ ,a„ ~/~Jr`ie„tr~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Forrn before proceeding with this assessment. Page 10 of 21 PART 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) I In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. I The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. I The number of examples per question does not indicate the importance of each question. ! In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ? YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot ? ? ? Yes ? No rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table ? ? ? Yes ?No is less than 3 feet. • Construction of paved parking area for 1,000 or more ? ? ? Yes ? No vehicles. • Construction on land where bedrock is exposed or ? ? ? Yes ?No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ? ? ? Yes ?No involve more than one phase or stage. • Excavation for mining purposes that would remove ? ? ?Yes ?No more than 1,000 tans of natural material (i.e., rock or soil) per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ? ? ?Yes ?No • Construction in a designated floodway. ? ? ?Yes ?No • Other impacts: 0 ? ?Yes ?No Existing buildings and asphalt parking area will be removed and site reconfigured for new buildings, parking area and planting areas. 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ONO OYES • Specific land forms: ? ? ?Yes ?No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) aN0 OYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ? No • Dredging more than 100 cubic yards of material from channel of ? ? ?Yes ? No a protected stream. • Extension of utility distribution facilities through a protected water ? ? ?Yes ? No body. • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ? No • Otherimpacts: ? ? ?Yes ?No 4. Will Proposed Action affect any non-protected existing or new body of water? NO ?YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of ? ? ?Yes ? No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ? ? ?Yes ? No area. • Other impacts: ? ? ?Yes ? No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ?NO OYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ? ? ?Yes ? No • Proposed Action requires use of a source of water that does not ? ? ?Yes ? No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater ? ? ?Yes ? No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ? ? ?Yes ? No supply system. • Proposed Action will adversely affect groundwater. ? ? ?Yes ? No • Liquid effluent will be conveyed off the site to facilities which ? ? ?Yes ? No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ? ? ?Yes ? No per day. • Proposed Action will likely cause siltation or other discharge into ? ? ?Yes ? No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ? ? ?Yes ? No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ? ? ?Yes ? No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ? ? ?Yes ? No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: a ? ?Ves ? No Anew septic system for domestic sanitary and animal waste will be installed on-site. Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? ONO ?YES Examples that would apply to column 2 • Proposed Action would change Flood water flows ? ? ?Yes ?No • Proposed Action may cause substantial erosion. ? ? ?Yes ?No • Proposed Action is incompatible with existing drainage patterns. ? ? ?Yes ?No • Proposed Action will allow development in a designated ? ? ?Yes ?No floodway. • Other impacts ? ? ?Yes ?No IMPACT ON AIR 7. Will Proposed Action affect air quality? ONO ?YES - - - Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any ? ? ?Yes ? No given hour. • Proposed Action will result in the incineration of more than 1 ton ? ? ?Yes ?No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour ? ? ?Yes ? No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ? ? ?Yes ? No committed to industrial use. • Proposed Action will allow an increase in the density of ? ? ?Yes ? No industrial development within existing industrial areas. • Otherimpads: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS • 8. Will Proposed Action affect any threatened or endangered species? ONO ?YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or ? ? ?Yes ? No Federal list, using the site, over or near the site, or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ? ? ?Yes ? No • Application of pesticide or herbicide more than twice a year, ? ? ?Yes ? No other than for agricultural purposes. • Otherimpacts: ? ? ?Yes ?No g. Will Proposed Action substantially affect non-threatened or non- endangered species? .?NO ?YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ? ? ?Yes ? No or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ? ? ?Yes ?No mature forest (over 100 years of age) or other locally important vegetation. • Other impacts: ? ? ?Yes ?No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? .?NO ?YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to ? ? ?Yes ? No agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil prof le of ? ? ?Yes ? No agricultural land. • The Proposed Action would irreversibly convert more than 10 ? ? ?Yes ? No acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ? ? ?Yes ? No agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). • Other impacts: ? ? ?Yes ? No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) .?NO ?YES Examples that would apply to wlumn 2 • Proposed land uses, or project components obviously different ? ? ?Yes ? No from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? ?Yes ? No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or ? ? ?Yes ? No significant screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ? No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? NO ?YES Examples that would apply to column 2 ? ? ? ? • Proposed Action occurring wholly or partially within or Yes No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ? ? ?Yes ? No the project site. • Proposed Action will occur in an area designated as sensitive ? ? ?Yes ? No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: ? ? ?Yes ? No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? a NO YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ? ? ?Yes ?No • A major reduction of an open space important to the community. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Actioh impact the exceptional or unique characteristics of acritical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(8)? DNO ?YES List the environmental characteristics that caused the designation of the CFA. Examples that would apply to column 2 ? ? ? ? • Proposed Action to locate within the CEA? Yes No • Proposed Action will result in a reduction in the quantity of the ? ? ?Yes ?No resource? • Proposed Action will result in a reduction in the quality of the ? ? ?Yes ?No resource? • Proposed Action will impact the use, function or enjoyment of the ? ? ?Yes ?No resource? • Otherimpacts: ? ? ?Yes ?No Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO ~ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ? ? ?Yes ? No goods. • Proposed Action will result in major traffic problems. ? ? ?Yes ? No • Other impacts: ? ? ?Yes ? No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? NO ?YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the ? ? ?Yes ? No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ? ? ?Yes ? No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ? ? ?Yes ? No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? NO ?YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ? No facility. • Odors will occur routinely (more than one hour per day). ? ? ?Yes ? No • Proposed Action will produce operating noise exceeding the ? ? ?Yes ? No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ? No noise screen. • Other impacts: ? ? ?Yes ? No Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ONO ?YES • Proposed Action may cause a risk of explosion or release of ? ? ?Yes ? No hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there maybe a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes' ? ? ?Yes ? No in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied ? ? ?Yes ?No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ? ? ?Yes ?No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ? ? ?Yes ?No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. WII Proposed Action affect the character of the existing community? ONO ?YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?Yes ?No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ? ? ?Yes ? No services will increase by more than 5% per year as a result of this project. • Proposed Action will conflict with officially adopted plans or ? ? ?Yes ? No goals. • Proposed Action will cause a change in the density of land use. ? ? ?Yes ? No • Proposed Action will replace or eliminate existing facilities, ? ? ?Yes ?No structures or areas of historic importance to the community. • Development will create a demand for additional community ? ? ?Yes ?No services (e.g. schools, police and fire, etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future ? ? ? Yes ? No projects. • Proposed Action will create or eliminate employment. ? ? ? Yes ? No • Other impacts: ? ? ? Yes ? No 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? aN0 ?YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 • Part 3 -EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact ran or will be controlled The regional consequence of the impact !Its potential divergence from local needs and goals !Whether known objections to the project relate to this impact. Page 21 of 21i~. • • ! • _ ~t ti 4 ~~a~ s-~ ~'~s.> ~ ~ r a r ' ~i #a ~ - ~ ~ A ~ - 1r ~ r .rf ~ s', i ° .w ' f ft. ~f ~ 5~ i} fir. ~J :.n.` 7 ~f , . t ~r r.;~e~ - l , f • Y :fir r ~ • ` ' 1. ' .r ~ . 1 y ~ r rt s S •;w ~ n '~7 . .r f,a h. '~E+1. '.sue a+ ~ ~,'1 15~!i r r } ?5 ~ t y , i - n r~ 1 tr~ r • ~'}r ~i ~.,F; - - ,,~3 . - ~2k",v ~ t Y ;y r i' '7F f_. ~~T ~ • ~ { r r~~5`~~1. _ y •.,~t~ h:..r~ Y - +1 t r. ~ - t _ •4 g I~ ~ ~ x ~ . Yyif~.r ~ r is •~rF}t,~ ~"k~ t. ~ y .„~~r~~ F~ ..iT~ .,`iV fir . 's(, rF" r t i~ r .v i~ - r. Y ~v ~ L s' ~fP'4y. 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Y" p 'Can Nrl ~ ~`i f h !'"r R Pr `~~B~ ~ p N m of i. , ~ ° ~ Y9 tlY Yi 72°30.000' W 72°29.000' W 72°28.000' W 72°27.000' W 72°26000' W WGS8472°25.000' W MN1}TN a S IMILE 14Y.° 0 IDOO fEEi O 500 LOOP MEiEflS PnniM iSom TOPO! ®2001 Netmml GeognplJc Hoklinp (w nv.topo cwn) i Aa z~ APPflO%IMATE SULE s~ K',. 5C0 0 500 FEET I 3Y ZONE X F c4"r xs NATIDNAI FL000 INSURANCE PR06RAM 1 Q~~a~ TD FIRM ~s`~ ROOD INSURANCE RATE MAP ' SUFFOLK COUNTY, NEW YORK e° (ALL JURISDICTIONS) cq ~~e I s PANEL I6T OF 1626 ~ } ~ Y ~ see M 1(1~ ~ mN.afls.` ~JlsiJl ~L' ZONE MM MiY wosx ron !I OMBEq PANEL p50FFl% ~rJ~„(Y'- ~ rma,o ro rri ar ,men, ow ZONE X d/'"' X) ZONE i MAP NUMBER Town of Sou[hold z I II 3G103C01G2 G zoNE z ws EFFECTIVE DATE+ 360813 MAY 4,1998 ':Y ZONE X III II~~ ' ~ ~I Fcdent Emergency Management dgeney Z E AE ZQ L 81 'ri. ZONE 'Iv • ~ o~~oF sooryo//"" ELIZABETH A. NEVILLE ~ -p Town Hall, 53095 Main Road TOWN CLERK # ~ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS G Q Southold, New York 11971 MARRIAGE OFFICER ~ ~ Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ~ Tele hone (631) 765-1500 FREEDOM OF INFORMATION OFFICER ~~~outrtv,~ southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.325 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2005: RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to retain L.K McLean Associates, P.C. to complete the SEQ12A review in connection with the proposed new animal shelter, in accordance with their proposal dated May 12, 2005, at a cost not to exceed $1,800.00, subject to the approval of the Town Attorney. Elizabeth A. Neville _ Southold Town Clerk f~ , • Gunther Geiss, Southold Supervisor Horton, members of the Town Boazd. I would like to address three issues that I believe concern the people of Southold: 1. Does Southold need a new animal shelter? 2. Is the shelter plan is a good one? 3. Is the estimated cost reasonable? DOES SOUTHOLD NEED A NEW ANIMAL SHELTER? In late 2000 a generous former resident, Elliot Raynor, then 98, offered to give the Town of Southold $250,000 if the Town would build a new animal shelter named for Elliot and Theresa Raynor, and if it would be surrounded by a white picket fence. By Spring 2001 the gift was announced by Supervisor Cochran and the Town was committed to build a new shelter. We have a moral obligation to honor our promise to Mr. Raynor. Unfortunately, Mr. Raynor passed on, having passed 100, but before the shelter was stazted. Is there public interest in a new shelter? YES. On Mazch 27, 2001 Marilyn Sawastynowicz presented the Town Board with 6,766 signatures on a petition that requested a new animal shelter. There is little reason to believe those individuals have changed their minds. Simply, the conditions at the present shelter aze not fit for man or beast. The current shelter was a temporazy solution to state mandated animal control some 25 yeazs ago. In 2001, the North Fork Animal Welfare League hired Bradley and Associates to critique the Town's plan to renovate and add to the present shelter. Mr. Bradley, an animal facility architect, told NFAWL, and the Town, that the condition of the shelter was too poor, due in part to NFAWL's failure to maintain the facility, to invest any effort in renovation. The interior kennels aze dark, damp and poorly ventilated. The exterior kennels and runs aze not shaded from the summer sun, nor protected from the winter winds, snows and hail. The waste troughs freeze in the winter. Don't take my word on the conditions. Listen to this expert. "These aze just a few of the dangerous and hazazdous conditions at the facility, poor drainage systems, floors incorrectly cantered (sic) resulting in puddles in kennels and perpetually damp floors, failed ventilation system, no system for air exchange, air conditioning system basically nonexistent, ancient donated window units in four units of entire facility, outdated and faulty guillotine doors on kennels, unsafe and inefficient, dog kennels deteriorating, unsafe and unsanitary, no commercial dryer or washer, electric hookups inadequate and unsafe, exterior stockade fencing is old and needs replacing, dogs escape, outside exercise runs impossible to sanitize..." These are the words of Anna Cosimano, President of NFAWL, the operator of the shelter, when she spoke to the Town Boazd on November 14, 2000. Heaz the words of another expert. "We have the best employees, and I want to say this about Miss Wood and her staff. They aze the most dedicated qualified individuals that I have ever met, and for every day that they have to go into that facility, and work under those deplorable conditions is a disgrace to every resident and taxpayer in the Town of Southold, and I would like to see this Board fully fund a new facility, and get into crisis mode to get this job done...." "You have cesspools backing up. You have no hot water. You have not ventilation. You very ofren have no heat, and I think those are deplorable, disgraceful conditions." These are the words of Therese McGuiness, VP of NFAWL, to the Town Board on December 12, 2000. IS THE SHELTER PLAN A GOOD ONE? Prudently, the Town Boazd chose a design firm specializing in the design and construction of animal care, animal boazding, and animal sheltering facilities. Scott Learned, of Design Learned, is known for his expertise and extensive experience with these specialized facilities. He has published work on noise control and disease control in animal facilities. His achievements are listed on www.designlearned.com. Mr. Leamed's most recent project on Long Island is the conversion of a former Seazs wazehouse into an 80 dog kennel, student housing, and training facility for the Guide- dog Foundation in Smithtown. The Guide-dog Foundation is well known for its years of service to, and training of, blind individuals and their guide dogs. The Executive Director and Facilities Manager gave the new facility rave reviews when we visited. Each of us will have questions and suggestions. I am sure that the design team will listen, but it is time to leave the design decisions to the experts. IS THE SHELTER COST ESTIMATE REASONABLE? There aze individuals who have referred to a "Taj Mahal" when discussing the shelter plans. Others talk about "low cost" solutions using factory-built modules. Perhaps we can grasp the nature of the design issues by realizing that an animal shelter is more like the emergency room of a hospital and/or the infectious disease ward of a hospital. Why? When a Dog Control Officer is called to pick up a stray animal there is usually no knowledge of that animal's condition. Distemper? Infectious, contagious diseases? Abuse? Aggressiveness? When taken to the shelter, special caze is required to prevent contaminating the shelter and/or spreading disease to the sheltered animals. So physical isolation, air system isolation, and waste system isolation are essential. Since animals tend to eliminate where they find it convenient, it is necessary, for hygiene, to power wash and disinfect the areas inhabited by the animals every day. Even a hospital does not suffer such "tough caze." r_ • Public facilities, you may think about a fire house, police headquarters, school, library, town hall, hospital, etc., need to serve the public for 30 to 50 years. The service required is generally heavy-duty. Therefore, construction requirements aze quite different than home construction and so the costs aze much greater. Different materials, different methods, different standards aze required. Well done, these facilities pay back the public's investment. IN SUMMARY: Does Southold need to build a new shelter? Yes, to honor a promise made to Mr. and Mrs. Raynor. Yes, because the animals deserve better conditions. Yes, because the shelter staff deserve better conditions. Is the plan a good one? Yes, because it was done by professionals who specialize. Yes, because it was done by professionals with expertise and experience. Is the cost reasonable? Yes, because a shelter requires special construction methods and materials. Yes, because a public facility needs to meet more difficult standazds of design and construction. Should we issue the bonds? Yes. And, please remember Mr. Raynor's request for a white picket fence. Thank you. 20/07 '05N'ED 14:55 FAX 631 765 6145 SOUTHOLD TOWN CLERK X001 . aza:~~~etsa~~~ixs~wa~*x~* • TX REPORT *x* TRANSMISSION OK TX/RX NO 1650 CONNECTION TEL 912128209603 CONNECTION ID HAWKINS DEL & WO ST. TIME 20/07 14:43 USAGE T 11'30 PGS. SENT 25 RESULT OK ~~pF SOUr'yo ELI7~ABETII A. NEVII-I-E ~O ~ Town Hall, 53095 Main Road CLEF P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS G Q Fax (631)765-614$ MARRIAGE OFFICEF ~ ~ ~ 'Pelephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ~~~,1 southoldtown.northfork.neL FRl;E))OM OF INFORMATION OFFICER ~C~UfI l ~i~~ OF'FXCE OF THE TOWN CLEIiH TOWAI OF SOU'1~HOLD F A X To: Gerard Fernandez, Jr. FIawkins, Delalield Sc Wood (212)820-9603 From: Lynda M Bohn Re: Southold Town Animal Shelter Bond Datc; July 20, 2005 Pages: 25 including cover ~gUFFO(,~c JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ~ ~ ENGINEER TOWN HALL - 53095 MAM ROAD y. ~ TOWN OF SOUTHOLD, NEW YORK 11971 Oy` ~ ~c Fax. (631) - 765 - 1366 ~Ol Tel. (631) - 765 -1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Southold Town Animal Shelter Preliminary Cost Estimate: 9,570 SF Facility @ $ 225 / SF $ 2,154,000 Architectural Fees $ 120,000 Permits $ 10,000 SEORA Determination & Legal Fees $ 10,000 Site Demolition & Disposal Fees $ 35,000 SCWA Water Main Extension (+/-soo LF) With RPZ Valves $ 25,000 LIPA Electrical Service $ 25,000 Key Span Gas Service $ 25,000 SITE WORK Access Roadways & Parking Areas With Curbing Site Drainage (Other than Building R Animal Sanitary Systems) Fill & Grading Materials Fencing (6' High Chain Link - 2,000 LF @ $ 20 / LF) Landscaping $ 150,000 Contingencies $ 46,000 TOTAL: $ 2,600,000 ` 1 • • ~~OF SOUr'yo ELIZABETH A. NEVILLE lQ Town Hall, 53095 Main Road TOWN CLERK ~ * P.O. Box 1179 REGISTRAR OF VITAL STATISTICS u+ ~ Southold, New York 11971 MARRIAGE OFFICER ~ Tele hone (631)57654 800 RECORDS MANAGEMENT OFFICER ~y FREEDOM OF INFORMATION OFFICER I~COUnI,,~ southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 20, 2005 Town of Southold, New York Animal Shelter Your File Designation: (2615/23725) Gerard Fernandez, Jr, Esq. Hawkins, Delafield & Wood 67 Wall Street New York, NY 10005 Deaz Mr. Fernandez: Enclosed please fmd a copy of the SEQR Report that was completed by McLean Associates in connection with the above referenced bond. I am aware that this copy is not signed by the Supervisor, however, a signed copy does exist and I will forwazd the signed page to you as soon as possible. If I can be of further assistance please contact me. Very truly yourss^ U ,V` Lynda M Bohn Deputy Town Clerk Enc. DELAFIELD&WOOD~~P PHONE (212)820-9300 6] WALL STREET NEW vORK FAX (212) 514-8425 NEW YORK, NY 10005 WASHINGTON ~MNJJ.HAWKINS.COM NEWARK (212 820-9416 July 18,2005 HARTFOa° LOS ANGELES SACRAMENTO SAN FRANCISCO Town of Southold, New York $2,600,000 Serial Bonds for Animal Shelter (Our File Designation: 26 1 5 /23 72 5 D 2 Mr. John Cushman tS Town Comptroller ~ 2 ~ Town of Southold 53095 Main Road r~~ ~rHOt o Southold, New York 11971 a Fxdnn„t DEPT Dear John: Pursuant to the request of Kieran Corcoran, Deputy Town Attorney, I have prepared and enclose herewith the draft Extract of Minutes of the Town Board meeting to be held on July 26, 2005, showing adoption of the bond resolution authorizing the above referenced serial bonds. The bond resolution contains the form of notice to be published in the official Town newspaper and posted on the sign board of the Town maintained pursuant to the Town Law within ten (10) days after adoption of the bond resolution. Please note that the bond resolution is to be adopted by at least atwo-thirds vote of the entire membership of the Town Board. In addition, I have enclosed extra copies of the notice of permissive referendum for your convenience in publishing and posting such notice together with the draft Affidavit of Posting to be executed by the Town Clerk. A copy of the notice, as posted, should be attached to this Affidavit. Please obtain and forv~~ard to me a certified copy of the Extract of Minutes, an executed Affidavit of Posting and an original Affidavit of Publication. Upon receipt of same, we will forward the additional documents required with respect to the final estoppel publication of the resolution. Thanking you and with kind regards, I remain Sin ly your , Ge and Fernan ez GF,Jr./ml wT Enclosures 479412.1 023725 RES PATRICIA A. FINNEGAN ~ ~FFO~ • JOSHUA Y. HORTON TOWN ATTORNEY ~~b ~CO Supervisor patricia.finnegan@town.southold.ny.us EIERAN M. CORCORAN ~ ~ Town Hall Annex, 54375 Route 25 P.O. Box 1179 ASSISTANT TOWN ATTORNEY y. ~ Southold, New York 11971.0959 kieran.corcoran@town.southold.ny.us • ~'F LORI HULSE MONTEFUSCO ~~j Telephone (631) 765-1939 Facsimile (631) 765-6639 ASSISTANT TOWN ATTORNEY lori. montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Joanne Liguori From: Lynne Krauza Secretary to the Town Attorney Date: July 13, 2005 Subject: New Animal Shelter - SEQRA Report I am enclosing the SEAR Report in connection with the new animal shelter. Kindly have Josh sign the report where indicated and return to me. I have attached a copy of Resolution No. 325 authorizing Josh to retain L.K. McLean Associates, P.C. for this purpose. Thank you for your attention. If you have any questions, please call me. /lk Enclosure cc: Ms. Elizabeth Neville, Town Clerk (w/encl.) ELIZABETH A. NEVILLE lQ Town Hall, 53095 Main Road TOWN CLERK ~ * P.O. Box 1179 REGISTRAR OF VITAL STATISTICS N ]c Southold, New York 11971 MARRIAGE OFFICER ~ ~ ~O Fax (631) 765-6145 FREE OM OF INFORMATIONO OFF CER OI~CQU~,~~ southo dt wns northfo k net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.435 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 12, 2005: WHEREAS, the Town Board of the Town of Southold is considering the proposed construction of a new animal shelter facility on a 1.52 acre Town-owned parcel of land at Peconic Lane in the Town of Southold; IT IS HEREBY RESOLVED, that pursuant to 6 NYCRR §617 the Town Board of the Town of Southold establishes itself as lead agency for the uncoordinated review of this Unlisted Action; and be it further RESOLVED, that pursuant to 6 NYCRR §617 the Town Boazd of the Town of Southold adopts Part 1 and Part 2 of the attached Full Environmental Assessment Form and issues a neEative declaration for this Unlisted Action. Elizabeth A. Neville Southold Town Clerk s».Zo Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT. FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have litde or no formal knowledge t)f the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 Part 2 ?Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined 6y the lead agency that: O A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ® B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. ® C. The project may resuh in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions RECONSTRUCTION OF THE SOUTHOLD TOWN ANIMAL SHELTER Name of Action TOWN OF SOUTHOLD Name of Lead Agency Pnnt or Type Name of Responsible Officer in Lead Agency Title~of ~~Res/p~onsible Officer C~(/LtLLK.J ~ ~ ' Signature of Responsible Officer in Lead Agency Signature of Preparer (If di event from responsible officer) 7~/a,ocS website D e Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment, Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action RECONSTRUCTION OF THE SOUTHOLD TOWN ANIMAL SHELTER Location of Action (include Street Address, Municipality and County) PECONIC LANE, TOWN OF SOUTHOLD, SUFFOLK COUNTY Name ofApplicantlSponsor TOWN OF SOUTHOLD -TOWN CLERK Address 53095 ROUTE 25 City / PO P.O. BOX 1179, SOUTHOLD State NEW YORK Zip Code 11971-0959 Business Telephone (631)765-1889 Name of Owner (if different) SAME Address City / PO State Zip Code Business Telephone Description of Action: Reconstruction of the Town-owned Animal Shelter. Project will replace outdated facilities to better accommodate the care of domestic animals (i.e., dogs, cats, some farm livestock). All new features will be located on the existing garcel with some dedication of the site (0.18 acres) [o the Town Police Department Page 2 of 21 Please Complete Eacfi Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ~ Urban ®Industrial ~ Commercial ~ Residential (suburban) ®Rural (non-farm) Forest ®Agriculture ~ Other Municipal (Town owned animal shelter) 2. Total acreage of project area: 1.52 acres. APPROXIMATE ACREAGE ~ PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres 0 aces Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Urivegetated (Rock, earth or fill) 0.91 acres 0.14 acres Roads, buildings and other paved surtaces 0.30 acres 0.50 acres Other (Indicate type) grass area _ 0.31 acres 0.70 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ?n Well drained 100 % of site ? Moderately well drained of site. ?POOrIy drained of site b. If any agricultural land is involved, how many acres. of soil are classified within soil group 1 through 4 of the NYS Land Classification SysCem?,~3,A~acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings onproject site? ®Yes 0 No a. What is depth to bedrock 1200+ (in feet) 5. Approximate percentage of proposed project site with slopes: a? 0-10% 100 % ?10- 15°~_% ~ 15% or greater,% 6. Is project substantial) contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ~ Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ? Yes ~No B, What is the depth of the water table? 13 (in feet) g, Is site located over a primary, principal, or sole source aquifeR Yes ©No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ? Yes D No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ®Yes ~No Accordin to: Field Review. Entire project site is developed and/or disturbed. Identi each s ies: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ?Yes ~ No Describe: The project site is flat land. 13. Is the project site presently used by the community or neighborhood as an open space or recreation areal ®Yes ~No If yes, ex lain: The site is the existing active Town Animal Shelter 14. Dces the present sRe include scenic views known to be important to the community? Yes aNo 15. SVeams within or contiguous to project area: None a. Name of SVeam and name of River to which it is tributary N.A. 16. Lakes, ponds, wetland areas within or contiguous to project area: None b. Size (in acres): N.A. Page 4 of 21 17. Is the site served by existing public utilities? ~ Yes ~ No a. If YES, does sufficient capacity exist to allow connection? ~ Yes ~ No b. If YES, will improvements be necessary to allow connection? OYes ONo 1 S. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 3047 Yes ~ No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant [o Article 8 of the ECL, and 6 NYCRR 617? ©Yes ~i No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~ Yes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 1.52 acres. b. Project acreage to be developed: 1.34 acres initially; 1.34 acres ultimately. c. Project acreage to remain undeveloped: 0 acres. d. Length of project, in miles: N.A. (if appropriate) ~ - e. If the project is an expansion, indicate percent of expansion proposed. N.A f. Number of off-street parking spaces existing l0 ; proposed 10 g. Maximum vehicular trips generated per hour: N.A. (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially N.A. N.A. N.A.- N.A. Ultimately N•A• N.A. N.A. N.A. i. Dimensions (in feet) of largest proposed structure: 32' height; 31' width; 45' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? N.A. ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed Yes ~No ~N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ®Yes ~ No c. Will upper subsoil be stockpiled for reclamation? ?Yes ? No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.31 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes ~ No fi. If single phase project. Anticipated period of construction: 9 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated N.A. (number) b. Anticipated date of commencement phase 1: N.A morrth year, (including demolition) c. Approximate completion date of final phase: N.A month year. d. is phase 1 functionally dependent on subsequent phases? ~ Ye5 ? No 8. Will blasting occur during construction? ©Yes ~ No 9. Number of jobs generated: during construction 12 ;after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or Facilities? ?Yes ~ No If yes, explain: 12. Is surtace liquid waste disposal involved? ®Yes ~ No a. If yes, indicate type of waste (sewage, industrial, etc) and amount N.A. b. Name of water body into which effluent will be discharged N.A. 13. Is subsurface liquid waste disposal involved? O Yes ®No Type Septic System Waste 14. Will surface area of an existing water body increase or decrease by proposal? ?Yes ~No If yes, explain: ~ - 15. Is project or any portion of project located in a 100 year flood plain? ®Yes No 16. Will the project generate solid waste? ~ Yes ? No a. If yes, what is the amount per month? 1 tons b. If yes, will an existing solid waste facility be used? ~ Yes ? No c. If yes, give name Town Transfer Station location CR 48 CutchoRUe d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes Q No Page 6 of 21 e. If yes, explain: 17. Will [he project involve the disposal of solid waste? ?Yes aNo a. If yes, what is the anticipated rate of disposal? N.A. tons/month. b. If yes, what is the anticipated site life? N_A. years. 18. Will project use herbicides or pesticides? ?Yes ~ No 19. Will project routinely produce odors (more than one hour per dayj? ?Yes ~No 20. Will project produce operating noise exceeding the local ambient noise Levels? ?Yes Q No 21. Will project result in an increase in energy use? ?Yes ~ No If'yes, indicate type(s) New lighting fixtures will be energy efficient as compared to existing equipment. 22. If water supply is from wells, indicate pumping capacity N•A. gallorts/minute. 23. Total anticipated water usage per day ZSO gallons/day. 24. Does project involve Local, State or Federal funding? a Yes ? No If yes, explain: Town funding plus a private grant ($300,000-) from theme Raynor Foundation. Page 7 of 21 25. Approvals Required: Type Submittal Date City. Town, Village Board ?Yes ®No City, Town, Village Planning Board ®Yes ~ No City, Town Zoning Board ayes ? No City, County Health Department a Yes ? No -Sanitary System Other Local Agencies ayes ~ a No -Building Dept Other Regional Agencies ?Yes ®No State Agencies ?Yes ? No Federal Agencies ?Yes ?No G. Zoning and Planning Information 1. Dces proposed action involve a planning or zoning decision? ®Yes a No If Yes, indicate decision required: Zoning amendment ®Zoning variance ? New/revision of master plan ? Subdivision ? Ske plan ? Special use permit Q Resource management plan ? Other Page 8 of 21 2. What is [he zoning classification(s) of the site? Residential (R-80) 3. What is the maximum potential development of the site if developed as permitted by [he present zoning? N.A. 4. What is the proposed zoning of the site? NO CHANGE 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~ Yes ~ No Proposed project will maintain the existing land use of the site. 7. What are the predominant land use(s) and zoning classifications within a mile radius of proposed action? Municipal Highway Yard: R-80 Town Police Department and Impound Yard: R-80 Commerical: R-40, R-80 Residential: R-40 Agricultural A-C 8. Is the proposed action compatible with adjoining/surrounding land uses with a ~/a mile? ®i Yes ? No 9, If the proposed action is the subdivision of land, how many lots are proposed? N.A. a. What is the minimum lot size proposed? N.A. Page 9 of 21 10. Will proposed action require any au[horization(sj for the formation of sewer or water districts? ©Yes ~ No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ?Yes Q No a. !f yes, is existing capacity sufficient to handle projected demand? ®Yes ? No 12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes ? No a. If yes, is the existing road network adequate to handle the additional traffic. ?Yes ? No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/ ponso Name Andrew B. Speiser Date ~ / oZGt"!S Signature y, e Title tl/- LSn .-.r.. r_~1 l~('iP~~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Fonn before proceeding with this assessment. Page 10 of 21 PART 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) I In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. ! The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other exampies and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. I The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are Illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. ! In identifying impacts, consider long term, short term and cumulative effects. InsUuctions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check tfie appropriate box(column 1 or 2)to indicate the potential size of the impact. if impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. _ 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ? YES ? Exampfes that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot ? ? ? Yes ?No rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table ? ? ? Yes ?No is less than 3 feet. • Construction of paved parking area for t,000 or more ? ? ? Yes ©No vehicles. • Construction on land where bedrock is exposed or ? ? ? Yes ?No generally within 3 feet of existing ground surface. • Construction that will continue for morethantyearor © ? ?Yes ?No involve more than one phase or stage. • Excavation for mining purposes that would remove ? ? ? Yes ?No more than 1,000 tons of natural material (i.e., rock ar soil) per year. - Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ? ? ?Yes ®No • Construction in a designated floodway. ? ? ®Yes ®No Othertmpacts: ~ ® ®Yes ®No Existing buildings and asphalt pazking azea will be removed and site reconfigured for new buildings, parking azea and planting areas. 2. Will there be an effect to anyunique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ONO ®YES • Specific land forms: ? © ?Yes ®No Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ~NO ?YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ? No • Dredging more than 100 cubic yards of material from channel of ? ? ?Yes ? No a protected stream. • Extension of utility distribution facilities through a protected water ? ? ?Yes ®No body. • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ? No • Other impacts: ? ? ?Yes ? No 4. W II Proposed Action affect any non-protected existing or new body of water? NO ?YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of ? ? ?Yes ? No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ? ® ?Yes ®No area. • Otherimpacts: ® ? ?Yes aNo Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. © ® ?Yes ? No • Proposed Action requires use of a source of water that does not ? ? ®Yes ®No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater ? ? ?Yes ? No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ? ® ?Yes ®No supply system. • Proposed Action will adversely affect groundwater. ? ® ®Yes ? No • Liquid effluent will be conveyed off the site to facilities which ® ? ©Yes ®No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ® ® ®Yes ? No per day. • Proposed Action will likely cause siltation or other discharge into ? ? ®Yes ®No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ® ? ?Yes ? No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ? ? ®Yes ? No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ? ® ?Yes ? No which may require new or expansion of existing waste treatment and/or storage facilities. • Otherimpacts: ~ ? ?Yes ? No A new septic system for domestic sanitary and animal waste will be installed on-site. Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage Flow or patterns, or surface water runoff? ONO ?YES Examples that would apply to column 2 • Proposed Action would change Flood water flows ? ? ®Yes ?No • Proposed Action may cause substantial erosion. ® ? ?Yes ?No • Proposed Action is incompatible with existing drainage patterns. ? ? ®Yes ?No • Proposed Action will allow development in a designated ? ? ?Yes ?No floodway. • Otherimpacts: ® ? ?Yes ?No IMPACT ON AIR 7. Will Proposed Action affect air quality? ONO ®YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any ? ? ?Yes ?No given hour • Proposed Action will result in the incineration of more than 1 ton ? ? ?Yes ?No of refuse per hour. • Emission rate of total contaminants will exceed 51bs. per hour ? ? ?Yes ?No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ? ? ?Yes ?No committed to industrial use. • Proposed Action will allow an increase in the density of ? ? ?Yes ?No industrial development within existing industrial areas. • Otherimpacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO ®YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or ? ? ?Yes ? No Federal list, using the site, over or near the site, or foundron the site. Page 14 of 21 1 2 3 Small to Potential Can Impact lie Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ® ? ?Yes ®No • Application of pesticide or herbicide more than twice a year, ? ? ?Yes ?No other than for agricultural purposes. • Otherimpacts'. ? ? ?Yes ?No g. WII Proposed Action substantially affedoon-threatened or non- endangeredspecies? ?NO ®YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ? ? ©Yes ®No or migratory fish, shellfish orwildlife species. • Proposed Action requires the removal of more than 10 acres of ? ? ?Yes ®No mature forest (over 100 years of age) or other locally Important vegetation. • Otherimpacts: ? ? ?Yes ?No . MIPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? NO ?YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to ? ? ?Yes ? No agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of ? ? Yes ? No agricultural land. • The Proposed Action would irreversibly convert more than 10 ® ~ ?Yes ®No acres of agricultural land or, it located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ® ® ?Yes ? No agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). • Other impacts: ? ? ?Yes ? No IMPACT ON AESTHETIC RESOURCES 11. W II Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) ONO ?YES Examples that would apply to column 2 • Proposed land uses, or project components obviously different ? ? ?Yes ? No from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? ®Yes ? No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or ? ? ?Yes ? No significant screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ? No MJIPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ONO ®YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or ? ? ?Yes ? No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ? ? ?Yes ? No theproject site. • Proposed.Action will occur in an area designated as sensitive ? ? ?Yes ? No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • .Other impacts: ? ? ?Yes ? No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces orrecreationalopportunities? NO ?YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ? ® ®Yes ®No • A major reduction of an open space important to the community. ? ? ©Yes ?No • Otherimpacts: ? ? ?Yes ?No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Actioh impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(8)? .?NO ?YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ? ? ?Yes ?No • Proposed Action will result in a reduction in the quantity of the ? ? ?Yes ? No resource? • Proposed Action will result in a reduction in the quality of the ? ? ?Yes ?No resource? • Proposed Action will impact the use, function or enjoyment of the ? ? ?Yes ? No resource? • Otherimpacts: ? ? ?Yes ?No Page 17 of 21 } 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? NO ?YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ? ? ?Yes ? No goods. • Proposed Action will result in. major traffic problems. ? ? ?Yes ? No • Other impacts: ? ? ©Yes ? No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? NO ®YES Ezampfes that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the ? ? ?Yes ? No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ? ? ?Yes ? No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Otherimpads: ? ? ?Yes ?No NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Actionl NO ®YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ? No facility. • Odors will occur routinely (more than one hour per day). ? ? ?Yes ? No • Proposed Action will produce operating noise exceeding the ? ? ?Yes ? Na local ambient noiseievels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ? No noise screen. • Other impacts: ? ? ?Yes ? No Page 18 of 21 Part 3 -EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructi9ns (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is Important. To answer the question of importance, consider: [ The probability of the impact occurring ! The duration of the impact ! Its irceversibility, including permanently lost resources of value ! Whether the impact can or will be controlled f The regional consequence of the impact !Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. Page 21 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ~NO ?YES • Proposed Action may cause a risk of explosion or release of © ? ?Yes ?No hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there maybe a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" ? © ?Yes ? No in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied ? ? ?Yes ? No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ? ? ?Yes ?No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Otherimpacts: ? ? ?Yes ?No IMPACT ON GRONRH AND CHARACTER OF COMMUNf1 Y OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? oN0 ?YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?Yes ? No project is located is likely to grow by more than 5%. • Themunicipafbudgetforcapitalexpendituresoroperating ? ? ?Yes ?No services will increase by more than 5% per year as a result of this project. • Proposed Action wilt conflict with officially adopted plans or ? ? ?Yes ? No goals. • Proposed Action will cause a change in the density of land use. ? ? ?Yes ?No • Proposed Action will replace or eliminate existing facilities, ? ? ?Yes ?No structures or areas of historic importance to the community. • Development will create a demand for additional community ® ® ?Yes ®No services (e.g. schools, police and fire, etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact 6e Moderate Large Mitigated by Impact Impact Project Change • Proposed AcK.ion will set an important precedent for future ? ? ? Yes ? No projects. Proposed Action will create or eliminate employment. ? ? ? Yes ? No • Other impacts: ? ? ®Yes ? No 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? NO ?YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine fhe Magnitude of Impact, Proceed to Part 3 Page 20 of 21 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a TOWN OF SOUTHOLD printed copy, has been published in said NOTICE of PUBLIC Traveler Watchman once each week HEARING July 26, 2005 for......?.....week(s) successively, Notice is hereby gg~1•ven that the Town Board of the Town of co ng on the....../........day of Southold will held a public hear- • , • • • • • • , 0 utg~~at 7:30 o'clock p.m. on the 26"' day of July, 2005, at the Town .Hall, 53095 Main Road, l~L. ...~'..........L Southold in the Town, at which time and placb the Town Board will hear those in favor of and those ~pp~~ to the constmction of new'1'own of Southold Animal .Shelter at Peconic Lane, in the Sworn b f e me this...l.?.~.day of Town, being the site of the exist- ~'t{L•. 2005. ing Town Animal Shelter. The estimated maximum cost of such constmction ipcluding demob- tion of the existing Ammal ~ ~ ~ Shelter, purchase of the original s~ ~,...:......~.~.....I~..:...... furnishing equipment, machmery and apparatus required and grad- Notary Public ing and improvmg the site, ]s $2,600,000 which amount shall be fmatlced by the issuance of Emity Hamill NOTARY PUBLIC, Slate of New York No. O1HA5059984 Qualified in SuIIo4k County Commission expires May 06, 2006 $2,6000,000 serial bonds of the Town. All persons interested in ttlfs protect well be heard at said hear- mg and all written communica- tions will considered. Dated: July~12, 2005 TOWN BORARD OF THEE TOWN OF SOUTHOLD, CO ~ OF NEW YORK Town of Southold, New York Elizabeth A. Neville Town Clerk IX 7/14/05 (952) I ~i I i TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING July 26, 2005 Notice is hereby given that the Town Board of the Town of Southold will held a public hearing at 7:30 o'clock p.m. on the 26`h day of July, 2005, at the Town Hall, 53095 Main Road, Southold in the Town, at which time and place the Town Board will hear those in favor of and those opposed to the construction of new Town of Southold Animal Shelter at Peconic Lane, in the Town, being the site of the existing Town Animal Shelter. The estimated maximum cost of such construction, including demolition of the existing Animal Shelter, purchase of the original furnishing equipment, machinery and apparatus required and grading and improving the site, is $2,600,000 which amount shall be financed by the issuance of $2,6000,000 serial bonds of the Town. All persons interested in this project will be heard at said hearing and all written communications will considered. Dated: July 12, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Town of Southold, New York Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON JULY 14, ZOOS, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: The Traveler Watchman Town Board Members Town Attorney Accounting Town Clerk's Bulletin Board y • • STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all the times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town /off Southold, in the County of Suffolk, New York; that on the ~ 3 day of 4tX9 , 2005, she caused to be conspicuously posted and fastened up a copy of the Public Heanng Notice to be held on July 26, 2005, a true copy and complete of which is annexed hereto and made a part hereof, on the sign board of said Town maintained pursuant to Section 30, subdivision 6, of the Town Law. t'~D ~ n~o Town Clem Subscribed and swo o be re me this day of , 2005. No Publ' ,State of New York LYNDA M. BORN NOTARYNo 011606020932 York ~uelified in Suffolk County Term Expires March S, 20!~ • • ~~pf SO~lyo ELI7.ABETH A. NEVILLE ~0 l0 Town Hall, 53095 Main Road TOWN CLERK # l~t P.O. Box 1179 REGISTRAR OF VITAL STATISTICS u> >c Southold, New York 11971 MARRIAGE OFFICER ~ ~O Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Oly 'M ~ Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER C~U~ 1 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.445 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 12, 2005: RESOLVED that the Town Boazd of the Town of Southold will hold a public hearing to consider to appropriating $2.6 million for construction of a new Town of Southold Animal Shelter on the site of the existing Animal Shelter located at Peconic Lane, in the Town of Southold and including demolition of said existing Shelter, and authorizing the issuance of $2.6 million in serial bonds of the Town of Southold to finance said appropriations such hearing will be held at the Southold Town Hall, 53095 Main Road, Southold New York, on the 26`" of July. 2005 at 7:30 a.m. at which time all interested persons will be given an opportunity to be heazd, and the Town Clerk is hereby authorized and directed to publish and post, no less than 10 days not more than 20 days prior the date of this hearing, a notice of such hearing in substantial the following form: TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING July 26, 2005 Notice is hereby given that the Town Board of the Town of Southold will held a public hearing at 7:30 o'clock p.m. on the 26`h day of July, 2005, at the Town Hall, 53095 Main Road, Southold in the Town, at which time and place the Town Board will hear those in favor of and those opposed to the construction of new Town of Southold Animal Shelter at Peconic Lane, in the Town, being the site of the existing Town Animal Shelter. The estimated maximum cost of such construction, including demolition of the existing Animal Shelter, purchase of the original fiunishing equipment, machinery and apparatus required and grading and improving the site, is $2,600,000 which amount shall be financed by the issuance of $2,6000,000 serial bonds of the Town. All persons interested in this project will be heard at said hearing and all written communications will considered. 7~~r, Elizabeth A. Neville Southold Towu Clerk • ~ ~ ~~OF SO(/ryo~" ELI7.ABETH A. NEVILLE ti~ -p Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ae Southold, New York 11971 MARRIAGE OFFICER ~ • ~ Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ~yM/y, Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ~V~, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.325 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2005: RESOLVED that the Town Board of the Town of Southold authorizes and directs Suuervisor Joshua Y. Horton to retain L.K, McLean Associates. P.C. to complete the SEQRA review in connection with the proposed new animal shelter, in accordance with their proposal dated May 12, 2005, at a cost not to exceed $1,800.00, subject to the approval of the Town Attorney. + ' Elizabeth A. Neville _ Southold Town Clerk