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HomeMy WebLinkAboutFISD - UpgradesLJ P" S °. n am ~., (~ ryp 1 r ~ ,^e. UNITED STATES OF AMERICA -a s- ~I~.°.(ii,.r lui`+IdATiUhkL 61+kA STATE OF NEW YORK ~Ri~1~EHFt~9P1ON, {~ COUNTY OF SUFFOLK ,~~, v TOWN OF SOUTHOLD „ ~ 1^sl~~ BOND ANTICPATION NOTE FOR FISHERS ISLAND SEWER DISTRICT-2007 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 the bearer of this Note, or if it be registered, to the registered holder, [he sum of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) on the 18th day of April, 2008, together with interest thereon from the date hereof at the rate of three and thirty-five hundredths per cen[um (3.35°/)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 Bridgehampton National Bank, Southold, New York. At the request of the holder, the Town Clerk shall convert this Note into a registered Note by registering it in the name of the holder in the books of the Town kept in the office of such Town Clevk and endorsing a certificate of such registration hereon, alter which both principal of and interest on this Note shad be payable only to the registered holder, his legal representatives, successors or transferees. "Phis Note shall then be transferable only upon presentation to such Town Clerk with a written transfer of title and such Town Clerk shall thereupon register this Note in the name of the transferee in his books and shall endorse a certificate of such registration hereon. Such Vansfer 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 trust company located and authorized to do business in this State. This Note is the only Note of an authorized issue, the principal amount of which is $125,000. This Note is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, the bond resolution adopted by the Town Board on September 25, 2007, authorizing the issuance of $125,000 serial bonds for the increase and improvement of facilities of the Fishers Island Sewer District, and [he Certificate of Determination executed by the Supervisor on December 5, 2007. The faith and credit of such Town of Southold are hereby irrevocably pledged for the punctual payment of [he principal of and interest on [his No[e according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the Stale of New York to exist, to have happened and to have been performed precedent to and in the issuance of this No[e, exist, have happened and have been performed, and that this Note, together with al] other indebtedness of such Town of Southold, 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 signed by its Supervisor, and its corporate seal (or a facsimile thereof) to be affixed, imprinted, engraved, or otherwise reproduced hereon and attested by its Town Clerk and this Note to be dated as of the 5th day of December, 2007. TOWN OFQS~O~HOLD (SEAL) BY '""-~ Supervisor ATTEST: i Town Clerk REGISTRATION CERTIFICATE It is hereby certified that the within Note has been registered as follows: Dale of Registration DELAFIELD &WOOD ~~P RECEIVED PHONE (212) 820-9300 ONE CHASE MANHATTAN PLAZA FAX (212) 514-8425 NEW YORK, NY 10005 W W W.HAWKINS.COM F EB ~ I 2008 NEW YORK WASHINGTON NEWARK HARTFORD Southold Town Clerk LOS ANGELES SACRAMENTO SAN FRANCISCO Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 E-mail: gfernandez@hawkins.com Febrlxary 8, 2008 Town of Southold, New York Increase and Improvement of Facilities of Fishers Island Sewer District (Our File Designation: 2615/30898) Ms. Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Thank you for your letter dated January 24a' enclosing the Affidavit of Publication with respect to the proceedings referenced above. This Affidavit has been included in our records. With kind regazds, I remain Sincerer ,X~ . Gerard Fernandez, Jr. GFjr/jc 537566.1 030898 LTR ESTOPPEL CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York (the "Town"), HEREBY CERTIFY as follows: That a resolution of the Town Boazd of said Town entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFORE, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION," was adopted on September 25, 2007, and such resolution contained an estoppel clause as permitted by Section 80.00 of the Local Finance Law and a notice setting forth substantially the statements referred to in Section 81.00 of the Local Finance Law, together with a summary of such resolution, was duly published as referred to in said Section 81.00 of the Local Finance Law; and That to the best of my knowledge, no action, suit or proceeding contesting the validity of the obligations authorized by such resolution was commenced within twenty days from the date of publication of such notice. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 22"d day of October, 2007. ~f'/n ./~aL~ 4 ~ O//i DD/ / izabeth A. Neville Town Clerk Page 1 of 1 Bohn, Lynda From: Bohn, Lynda Sent: Tuesday, October 16, 2007 9:47 AM To: JAWEBER@TIMESREVIEW.COM; legaladv@newsday.com Subject: for publication in 10125/07 edition Please publish the Attached in the 10/25/07 edition of your Newspaper. Lynda M Bohn Lynda M Bohn Deputy Southold Town Clerk Principal Account Clerk 613-765-1800 ext 265 10/17/2007 C ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ~o~~pF SOUjyo~ '~ ~ ~~OQ~ ~~y00UNTV ,~"~'' i Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 17, 2007 Town of Southold, New York Increase and Improvement of Fishers Island Sewer District (Our File Designation: 2615/30898) Gerard Fernandez, Jr. Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Fernandez, Jr.: Enclosed please find a certified copy of the Newsday advertisement, an original notice of posting from Fishers Island, a certified resolution adopting the bond, a certified resolution and order after public hearing, the extract of minutes, a copy of the public notice that was sent to the Suffolk Times, a certified copy of the Suffolk Times advertisement, and an original copy of the resolution and order after public hearing that was filed with the Suffolk County Cle4rk's Office. Please let me know if you need anything else for your files. Very truly yours, ~~ Lynda M Bohn Deputy Town Clerk Encs. Cc: Town Attorney, file s Legal Notlee 75449587 ~o/y ~ ~ Customer: TOWN OF SOUTHOLD Contact: LYNDA M. BOHN Phone: 6317651800 NEWSDAY PROOF Ad Number: 15449587 Start Date:10/04/2007 End Date: 10/04/2007 Times:l Price: $429.97 Size: 1 x 127 Section: CL Class: 11100 Printed By: Date: 10/02/2007 Signature of Approval: Zones: Date: At a regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law RESOLUTION AND ORDER AFTER PUBLIC HEARING a' ~~ ~~ ~ ~, 9"°°le ~~~KCOUIN~ WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board" and the "Town", respectively), in the County of Suffolk, New York, acting on behalf of the Fishers Island Sewer District (herein called the "District"), in the Town, has reviewed a preliminary map, plan and report prepared by Diversified Technology Consultants., Inc., engineers duly licensed by the State of New York (the "Engineer"), for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"); and, pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $125,000; and WHEREAS, the Town Boazd adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to heaz all persons interested in said increase and improvement of facilities on September 25, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, in the Town; and WHEREAS, a Notice of such public hearing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public heazing was duly held by the Town Board on the 25th day of September, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heazd, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes a Type II action pursuant to the State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required; Now, therefore, on the basis of the information given at such heazing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District hereinabove described as the Sewer Improvement, at the estimated maximum cost of $125,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Boazd shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepaze a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $125,000 serial bonds of the Town and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within thirty (30) days after adoption thereof. DATED: September 25, 2007 (SEAL) TOWN BOARD THE TOWN OF SOUTHOLD HON. COTT A. R SSELL, SUPERVISOR n LOUISA P. EVANS, JUSTICE :.-•- EDWART W. ~- T H. WICKHAM, COUNCIL ERSON DANIEL C. ROSS, COUNCILPERSO ALBERT J. UPSKI, ., CO CILPERSON #8549 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Dina MacDonald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspa er once each week for 1 week(s), successively, cow„ncing on tqe -~ day of October, 2007 Clerk Sworn to before me this ~~ day of OC 2007 ~~~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Ouallfietl In Suffolk County Commisslon Expires February 28, 2009 r CONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO IN- , CLUDING ANY ORIGINAL EQUIP- MENT, MACHINERY, AND APPA- RATUS REQUIRED THEREFOR , AND AUTHORIZING THE ISSU- ANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the __ bonds are authorized is for [he increase PUBLIC NOTICE The resolution, a summar o{ Whi ;and improvement of facilities of the Fishers Island Sewer District i y c is published herewith, has been adopt , cons sting of various upgrades to the wastewater on the 25th day of September, 20(17 d the validity of the obligations auth tzed Pump station, the installation of a gen- erator to replace [he existin by such Iesolu[ion may be h after - g generator, installation of a propane tank, includ- con[eated oNy if such obhga " s were authorized for an object or a for 1°g the construction of the foundation therefore, the removal and r l which the TOWN OF SO OLD, in ep acement of the underground diesel fuel tank and the County of Suffolk, New York is no[ authorized to expend money or if the reconstruction of [he leach field pipe and other work related a provisions of law which should have been complied with f h , ppurtenant and supplemental [hereto, including any ori in l i as o t e date of publicatjon of this notice were no[ sub- g a equ pment, machinery, and ap- Paratus required therefore (the "Sewer s[an[ially complied with, and an action, i Improvement")- The Town Board as su t or proceeding contesting such valid- , lead agency, has given due consideration ity is commenced within twenty days af- ter the publication of thi i to the impact that the Sewer Improve- ment s not ce, or such obligations were authorized in violation may have on the environment and has determined that such project of the provisions of the constitution. is a Type II Action pursuant [o the New BY ORDER OF THE YOrk State Environmental Quality Re- TOWN BOARD OF THE view Act ("SEQRq"), constituting Ar- TOWN OF SOUTHOLD Dated: September 25 2007 [icle 8 of [he New York Environmental Conservati , Southold, New York on Law, and pursuant [o 6 N.YC.R.R., Regulations Part 617 5 ' Elizabeth A. Neville . (c)(2), and no further environmental re- Town Clerk EXHIBITA view is required. The amount of obligations to be i BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEWYQRK, s- sued is $125,000. The period of probable usefuln i ADOPTED SEPTEMBER 25, 21107 ess s thirty (30) years. , APPROPRIATING$125,OOOFORTHE A complete copy of the Bond R INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHE eso- lotion summarized above shall be avail- abl f RS ISLAND SEWER DISTRICT, CON- e or public inspection during normal business hours at the office of th T SISTING OF VARIOUS UPGRADES TO THE WASTE WATER PUMP e own Clerk, Town Hall, 53095 Main Road, S h STA- TION, THE INSTALLATION OF q GEN out old, New York. The bond resolution was ado ted ERATOR TO REPLACE THE p on September 25 2007 EXISTING GENERATOR, INSTAL- CATION OF q PROPANE TAN , . BY ORDER OF THE TOWN BOARD OF K, INCLUDING THE CONSTRUCTION THE TOWN OF SOUTHOLD Dated: September 25 2007 OFTHE FOUNDATIONTHEREFOR, THE REMOVAL AND REPLACE- , Southold, New York MENT OF THE UNDERGROUND Elizabeth A. Neville DIESEL FUEL TANK AND RE- ! Town Clerk 3549-1T 1n/4 - - EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York September 25, 2007 x 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, at 7:35 o'clock P.M., on September 25, 2007. There were present: Hon. Scott A. Russell, Supervisor; and Board Members: Justice Louisa P. Evans Councilman William P Edwards Councilman Thomas H Wickham Councilman Daniel C Ross Councilman Albert J Krupski, Jr Also present: Elizabeth A. Neville, Town Clerk Patricia A. Finnegan, Town Attorney The Supervisor stated that a public hearing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, at 7:35 o'clock P.M. (Prevailing Time) to consider the increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"); and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk presented affidavits showing that the Notice of said public hearing had been duly published and posted pursuant to the provisions of Article 12 of the Town Law and had been mailed by first class mail to each owner of taxable real property in the District. The Supervisor stated that the hearing in the said matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of such increase and improvement of facilities of said District: None The following persons appeared in opposition to such increase and improvement of facilities: None The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. i At a regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law Offered by: Albert J. Krupski, Jr., Councilperson Seconded by: William P. Edwards, Councilperson RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board" and the "Town", respectively), in the County of Suffolk, New York, acting on behalf of the Fishers Island Sewer District (herein called the "District"), in the Town, has reviewed a preliminary map, plan and report prepared by Diversified Technology Consultants., Inc., engineers duly licensed by the State of New York (the "Engineer"), for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"); and, pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $125,000; and WHEREAS, the Town Board adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on September 25, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, in the Town; and WHEREAS, a Notice of such public hearing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on the 25th day of September, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes a Type II action pursuant to the State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and 6 N.Y.C.R.R, Regulations Part 6175 (c)(2), and no further environmental review is required; Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District hereinabove described as the Sewer Improvement, at the estimated maximum cost of $125,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepaze a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $125,000 serial bonds of the Town and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Boazd shall deem especially benefited by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within thirty (30) days after adoption thereof. DATED: September 25, 2007 TOWN BOARD OF THE TOWN OFSOUTHOLD The adoption of the foregoing Resolution and Order was duly put to a vote on roll call, which resulted as follows: AYES: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. I{rupski, Jr, Councilperson NOES: None The Resolution and Order was declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, DO HEREBY CERTIFY that I have compared the preceding Order Calling for a Public Hearing with the original thereof filed in the office of the Town Clerk on theo~ day of September, 2007, and that the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town on this Q day of QCEb , 2007. (SEAL) _~`/X~L(~C•^/ ~~.~.eu.C.LC, Elizabe A. Neville, Town Clerk Town of Southold BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Offered by: Councilman William P. Edwards Seconded By: Councilman Thomas H. Wickham Recital WHEREAS, following preparation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Sewer District (herein called the "District"), in the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, and after a public hearing duly called and held, the Town Board (herein called "Town Board") of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $125,000 for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefore (herein sometimes referred to as "Sewer Improvement"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000. The plan of financing includes the issuance of $125,000 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $125,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the Sewer Improvement, being the specific object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is thirty (30) 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, or for expenditure made prior to the effective date of this resolution if a declaration of intent to issue bonds has been made, for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. (d) The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 6175 (c)(2), and no further environmental review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds 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 and 168.00 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 the renewals of said bond anticipation notes, and relative to executing contracts for credit i ~ enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, maybe contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in substantially the form annexed hereto and made a part hereof and designated Exhibit "A," in "SUFFOLK TIMES" and "NEWSDAY," two newspapers each having a general circulation in said Town, which newspapers are hereby designated as the official newspapers of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. The adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: AYES: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson NOES: None The Resolution was declared adopted. EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds aze authorized is for the increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefore (the "Sewer Improvement"). The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. The amount of obligations to be issued is $125,000. The period of probable usefulness is thirty (30) 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, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on September 25, 2007. 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 of a meeting of the Town Boazd of said Town, duly called and held on September 25, 2007 has been compared by me with the original minutes as officially recorded in my 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 faz as the same relate to the subject matters referred to in said extract. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 9`h day of October, 2007. (SEAL) Elizabeth A. Neville Town Clerk ~~ r~ z ~ ~ OFFICE LOCATION: pF SOpT 1 O~~ ~'Ql~, MAILING ADDRESS: Town Hall Annex ti O ~ P.O. Box 1179 54375 State Route 25 y ~T l~ Southold, NY 11971 (cor. Main Rd. & Youngs AveJ N .~ Southold, NY ~ ~ ~ ~ ~ C Telephone: 631 765-1935 F o~~~OUNTV ~~~ ax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board Kieran Corcoran, Assistant Town Attorn~ey~ From: Mark Terry, Principal Planner ~, LAC LWRP Coordinator Date: September 15, 2007 Re: Bond resolution of the Town of Southold, New York, adopted September 25, 2007, Appropriating 125,000 for the increase and improvement of facilities for the increase and improvement of facilities of the Fishers Island Sewer District. The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to § 268-3. Definitions. Item A which states: "A. Maintenance or repair involving no substantial changes in an existing structure or facility; " Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ,. PUBLIC NOTICE The resolution, a summary of which is published herewith, has been adopted on the 25th day of September, 2007, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: September 25, 2007 Southold, New York Elizabeth A. Neville Town Clerk EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is for the increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefore (the "Sewer Improvement"). The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 6175 (c)(2), and no further environmental review is required. The amount of obligations to be issued is $125,000. The period of probable usefulness is thirty (30) 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, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on September 25, 2007. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: September 25, 2007 Southold, New York Elizabeth A. Neville Town Clerk Page 1 of 1 • • Bohn, Lynda. _ _ _ ~) S~ ~~,_ n °'w From: Bohn, Lynda Sent: Monday, October 01, 2007 1:17 PM To: legaladv@newsday. com Subject: for publication 10-4-07 Please publish the attach Legal Notice in the 10.4 edition of Newsday under the Long Island section, thank you. Also please provide me with two (2) affidavit of publications. Lynda M Bohn Lynda M Bohn Deputy Southold Town Clerk Principal Account Clerk PO Box 1179 Southold, NY 11971 (631)765-1800 ext 265 10/10/2007 DELAFIELD&WOOD~~P PHONE (212) 820-9300 ONE CHASE MANHATTAN PLAZA NEW YORK FAX (212) 514-8425 NEW YORK, NY 10005 WASHINGTON WW W.HAWKINS.COM NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 E-mail: gfernandez@hawkins.com 5epteutbei 27, 2007 Town of Southold, New York Increase and Improvement of Facilities of Fishers Island Sewer District (Our File Designation: 2615/30898 Ms. Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Thank you for your letter dated September 24a' enclosing the two certified Affidavits of Publication. The Affidavits have been included in our records. With kind regards, I remain Sincerer „~w . Gerard Fernandez, 7r. GFjr/jc 530819.1 030898 LTR ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OI' VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 4tyy~~OF SO~Jyo ~^ .moo ~o •. ~ ~~ { ~~y00UNTV.~~r~h~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 5, 2007 Thomas Doherty Fishers Island Ferry District Fishers Island, NY 06390 Dear Tom: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Enclosed find six (6) Public Hearing Notices for the public hearing to be held for the Fishers Island Sewer District. Please post these and return th Aaffidavit of postinglto me with a list of the locations. ~~~ Thank you for your cooperation Sincerely, Lynda M Bohn Deputy Town Clerk DELAFIELD &~LLP RECEIVED PHONE (212) 020-9300 ONE CHASE MANHATTAN PL<ZP. SEP 2 4 2007 NEW YORK FAX (212) 514-8425 NEW YORK, NY 10005 WASHINGTON WWW.HAWKINS.COM NEWARK HARTFORD k Cl O er ACRAMENTO S Southold Town SAN FRANCISCO Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 E-mail: gfernandez@hawkins.com September 21, 2GU7 Town of Southold, New York Increase and Improvement of Facilities of Fishers Island Sewer District (Our File Designation: 2615/30898) Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Deaz Ms. Bohn: Thank you for your letter dated September 12a' enclosing the Affidavits of Publication with respect to the Notice Of Public Heazing. I am returning them to you and would ask that you have them certified as complete and true copies of the originals. Copies of the Affidavits have been included in our tiles pending receipt of the certified copies. Thanking you and with kind regazds, I remain Sinter ly, _,~ f~-4.~,1'Y_ ~af7t'w~• '1 Gerazd Fernandez, Jr. GFjr/jc 530450.1 030898 LTR ELIZABETH A. NEVILLE TQWN CLERK REGISTRAR OF VITAL S'CA'CISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER b'REEDOM OF INFORMATION OFFICER ,,~;~pf SOUjyo ~~ ~ • ~~0~ ~~'~OOUNTI ~~' 'Town Hall, 53095 Main Road P.O. Box 17 79 Southold, New York 11991 Fax (031)765-6145 'Telephone (631) 765-1800 sou6holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2007 Town of Southold, New York Increase and Improvement of Fishers Island Sewer District (Our File Desi¢nation: 2615/308981 Gerard Fernandez, Jr. Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Fernandez, Jr.: Enclosed please find certified copy of the public hearing notice that was published in [he Suffolk Times and The New London Day newspapers. Please let me know if you need anything else for your files. Very truly yours, ~ ~;~ Lyndhn Deputy Town Clerk Encs. Cc: Town Attorney, file AFFIDAVIT OF POSTING STATE OF NEW YORK ) ~a ss.: COUNTY OF SUFFOLK ) Thomas Doherty, being duly sworn upon his oath deposes and says: That on the 1L/~'day of September, 2007, he caused to be conspicuously posted and fastened up a certified copy of the Order Calling Public Heazing, a true copy of which is annexed hereto and made a part hereof, in the li ations on Fishers Island. G (SEAL) ~ Thomas Doherty Subscribed and sworn to before me this ~ N~"day of September, 2007. D Notary Pu c, State of New York MARY B PANItlEWICZ Notary Pubiic Stale of New York Locations: ~ 52.8267950 Commission Expires ~'~90~,0 T~~~ / ~t?~t.VA71oy ~IK, a ~.?L. 7 ~ ~ u ,~COr ~i>b'~1oti ~r ~~'I~AC' D~ ~ICkL ~Alu~ ~le• r^^ fi~ ~ ~~~~ ~ ~'~~ 528906. ~ 030898 CERT F • • NEWSDAY AFFIDAVIT OF PUBLICATION REC:EIV°eD RECEIi/~D 2u01 TOWN OF SOUTHOLD < PO BOX 1179 Soatht~ld iov.n C{erk SOUTHOLD NY 11971-0959 STATE OF NEW YORK) Legal 15449587 :SS.: COUNTY OF SUFFOLK) R. LOPES of Newsday, Inc., Suffolk County, N.Y., being duly sworn, says that such person is, and at the time of publication of the annexed Notice was a duly authorized custodian of records of Newsday, Inc., the publisher of NEWSDAY, a newspaper published in the County of Suffolk, County of Nassau, County of Queens, and elsewhere in the State of New York and other places, and that the Notice of which the annexed is a true copy, was published in the following editions/ counties of said newspaper on the following dates: , THURSDAY OCTOBER Swom To Before Me This 04 day of October 2007 Notary Public 04 2007 / Suffolk Guy P.~Wasser Notary Pub ¢, State of New York No. 01 A6045924 Commissio Expires 08/07/2010 Qualified in /Suffolk~County V V t f Legal Notice 75449587 Customer: TOWN OF SOUTHOLD Contact: LYNDA M. BOHN Phone: 6317651800 NEWSDAY PROOF .,. Ad Number: 15449587 Start Date:10/04/2007 End Date: 10/04/2007 Times: l Price: $429.97 Size: i x 127 Section: CL Class: 11100 Printed By: Date: 10/02/2007 Signature of Approval: Zones: Southold Town Boazd - Le• ~~~~ •®m '~; ~~ .A._. ~\ Boazd Meeting of September 25, 2007 RESOLUTION 2007-772 ADOPTED Item # 29 DOC ID: 3201 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2007-772 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2007: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Recital WHEREAS, following prepazation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Sewer District (herein called the "District"), in the Town of Southold (herein called the "•Town"), in the County of Suffolk, New York, and after a public hearing duly called and held, the Town Board (herein called "Town Board") of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it Generated September 27, 2007 Page 37 Southold Town Board - L~r Board Iv~ing of September 25, 2007 RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Boazd) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $125,000 for the increase and improvement of facilities of the District, consisting of vazious upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the constntction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefore (herein sometimes referred to as "Sewer Improvement"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000. The plan of financing includes the issuance of $125,000 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Boazd shall deem especially benefited by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $125,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters aze hereby determined and stated: (a) The period of probable usefulness of the Sewer Improvement, being the specific object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is thirty (30) years. (b) The proceeds of the bonds herein authorized and any bond aeticip.etion no',., . ;~: d i Jr_t ,~ ~~id `,~_;ads aiati~ f;; ~r~p~,i_d ~ .. :bc._ . ~h :n , r ~ ;ca ::~ after the ait~etive date of this resolution, or for expenditure made prior to the atf.~tive date of this resolution if a declaration of intent to issue bonds has been made, for the pi:~p~~;e for whi~'~ said bonds ;~.~~~ authorized. The fore«oing statement of intent with respect to r^i°, !~urscment ~; Generated September 27, 2007 Yage 33 Southold Town Board - Le• Board Ming of September 25, 2007 made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. (d) The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds 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 and 168.00 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 the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or Generated September 27, 2007 Page 39 Southold Town Boazd - L~r Boazd King of September 25, 2007 declining annual debt service, aze hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations aze authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in substantially the form annexed hereto and made a part hereof and designated Exhibit "A," in "SUFFOLK TIMES" and "NEWSDAY," two newspapers each having a general circulation in said Town, which newspapers are hereby designated as the official newspapers of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF TIIE POUNDATiON THEREFOR, THE RLdOVAL AND 1:F,PL.'~.CE?~1ENT OF T'.fE [ `i~.,E~.~ ~ r , ~S~-:L F'I :~L TA`" ~~,;i~~ R~3C;OT ,.T... C _ ~ '. E~~_ ~ [ ~`_ ,~'ELi? Pf~_ _J U~'HLR `,~'UI:K RED _iii? .1PYGi:;.~;~J.,~d~1 ...~<~ ..Lc'..'~~l_~_. THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $12,000 SERI~IL EG~~~DS OF SAID TOWN TO FINANCE SAID APPRG. ;Zta(iUN Generated September _' 7, 2007 Paoe 40 Southold Town Boazd - Ler Boazd Ming of September 25, 2007 The object or purpose for which the bonds aze authorized is for the increase and improvement of facilities of the Fishers Island Sewer District, consisting of vazious upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefore (the "Sewer Improvement"). The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. The amount of obligations to be issued is $125,000. The period of probable usefulness is thirty (30) 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, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on September 25, 2007. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated September 27, 2007 Page 41 f Southold Town Boazd - Le• ~~~~ ~~s3 i~~ i ~ ~, Boazd Meeting o September 25, 2007 RESOLUTION 2007-771 ADOPTED Item # 28 DOC ID: 3200 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2007-771 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2007: At a regulaz meeting of the Town Boazd of the Town of Southold,_in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New. York, on the 25th day of September, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Town Board of the 'T'own of Southold (herein called the "Town Boazd" and the "Town", respectively), in the County of Suffolk, New York, acting on behalf of the Fishers Island Sewer District (herein called the "District"), in the Town, has reviewed a preliminary map, plan and report prepazed by Diversified Technology Consultants., Inc., Generated September 27, 2007 Page 34 Southold Town Boazd - L~r Boazd ling of September 25, 2007 engineers duly licensed by the State of New York (the "Engineer"), for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"); and, pursuant to the direction of the Town, the Engineer has completed and filed with the Town Boazd such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $125,000; and WHEREAS, the Town Board adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Boazd would meet to heaz all persons interested in said increase and improvement of facilities on September 25, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, in the Town; and WHEREAS, a Notice of such public heazing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on the 25th day of September, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heazd having been heazd, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes a Type II action pursuant to the State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and 6 `.'.Y.C."R. '' ~~ulations Pa, ~ 61 ~ 5 ~c ~~~ - i ., , f~ ~!,-:-~~ ~ ~ --~f,. _~.~•is ~.~~t~~,- 1~~ObV, d]eC~COi~C, On t~]e i` :9i ~ ll,i al.., flla:_i~a :~11'G] ~.L S iCh :.c.ii lll2, IT 1S ~1J;":;Jy Generated September 27, 2007 ['age 3~ ~ Southold Town Boazd - Le• Board Meeting of September 25, 2007 DETERMINED, that it is in the public interest to increase and improve the facilities of the District hereinabove described as the Sewer Improvement, at the estimated maximum cost of $125,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Boazd shall prepare plans and specifications and make a cazeful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepaze a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Boazd as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $125,000 serial bonds of the Town and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and pazcels of land within the District which the Town Board shall deem especially benefited by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within thirty (30) days after adoption thereof. ~4.~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated September 27, 2007 Page 36 ELIZABETH A. NEVILLE T0~4'1~T CLERK REGISTRAR OF VITAL STATISTICS MA RHIAGE OFFICER RECORDS MANAGEMENT OFFICliR FREEDOM OF INFORMATION OFFICER OF SO~I~o~ ~ ~~ ~Iy~OUNTV ,~ Town Hall, 53095 Main I~.oad P.O. Box 1179 Southold, New York 11971 Fax (631)765-Fi145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TO.VN CLERK 'TOWN OF SOUTHOLD Town of Southold, New York Increase and Improvement of Fishers Island Sewer District (Our File Desienation' 2615/30898) Gerard Fernandez, Jr. Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Fernandez, Jr.: September 12, 2007 Enclosed please find a copy of the affidavit of publication from both the Suffolk Times and the Day Publishing Company. Please let me know if you need anything else for your files. Very truly yours, M Lynda M Bohn Deputy Town Clerk Encs. Ce: Town Attorney, file #8517 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Dina MacDonald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 13th day of Seatember, 2007. ~------~ ('-__~ Sworn to before me this 2007 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTTCE IS HEREBY GIVEN that the Town Board of the Town of South- old, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of Septem- ber,2007, at 7:35 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing to consider the proposed increase and improvement of facilities of [he Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installa- tion of a generator to replace the exist- ing generator, installation of a propane tank, including [he construction of [he foundation therefore, the removal and replacement of the underground die- sel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, ma- chinery, and apparatus required there- for (the "Sewer Improvement"), at the estimated total cos[ of $125,000. A[ said public heazing, [he Town Board will hear all persons interested in [he subject matter thereof concern- ing [he same and for such other action on the part of [he Town with relation thereto as may be required by law. Dated: Augur[ 28, 2007 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville,Town Clerk Town of Southold 8517-1T 9/13 ~3 `~ Principal Clerk day of No. O1-VOb10b050 QUOllflso In Suffolk County Cammisnion IxpOee Fagruary 28, 2009 ~~.~~~ CHRISTINA VOLINSKI NOTARY OU9LIC-STATE OF NFW YORK PUBLISHEjS CERTIFICATE State of Connecticut County of New London, ss. New London Personally appeared before the undersigned, a Notary Public within and for said County and State, Priscilla Melecio, Legal Adverising Clerk, of The Day Publishing Company Classifieds dept, a newspaper published at New London, County of New London, state of Connecticut who being duly sworn, states on oath, that the Order of Notice in the case of 4554 Public Notice NOTICE OF PUBLIC HEARING NOTICE IS HER A true copy of which is hereunto annexed, was published in said newspaper in its issue(s) of 09/1312007 Cust: SOUTHOLD TOWN OF Ad #: d00062884 and lsword to before me Notary Pul3'~/ My commission expires ~ ~ ~" Public Notlce~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN that the Town Board of the Town of Southoltl, (n the County of $uHOlk, State of New York, will megf at the Town Hall, 53095 Main Rood, Southoltl, Naw VMk; In the Town, on the 25th tlav of September, RW9,.af ]:35 o'clock P.M. (Provollinp '. Time), for fha purpose of conductina a Public hear- inc to. consider fo the Pro- posed increase and im- ProvemMt~ of fbcilifles of Me Fishers Islalb Sewer DlSfrlct, <onsistina of vari- ous upohatla to the waste- water pump station, the In- atallafiamof a 9enera}oC to replace fha axistine ae er- afor, Installation of a propane tank, IOClutlin9 the construction of the fountla- }lon therefore, the removal antl replacement of the un- tlerarauntl diesel fuel tank antl reconsfrucilon of the leach {leltl Pipe and Other work related, appurtenant and suPPlemenial thereto, inclutlinp 'env orl0lnal equipment, machlnerY, aM apparatus required there- for (Me "Sewer Improve- ment'), at the esfimatetl total cost of fl$,000. At said public hearing. the Town Board will hear all per90n5 Infere5fed in the sublatt matter thereof con- . cernine the wme and for ' such other adlan on the port of the Town with rela- tion thereto as may be ro- quiretl Dv low. ' I Dated: Aapust 26, ROW $outlroltl, New Vork BV ORDER OF THE TOWN BOARD OF THE TOWN OP $OUTHOLD, COUNTY OF'SUFFOLK, STATE OF NEW YORK EllzabeM A. Neville, Town Clerk Town of Soumoltl. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ;;: `~> . ~~ ~3i L~ti -_ rn ~~ '~~~' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 765-1500 southoldtown.northfork.net September 12, 2007 Town of Southold, New York Increase and Improvement of Fishers Island Sewer District (Our File Desi¢nation: 2615/30898) Gerazd Fernandez, Jr. Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Fernandez, Jr.: Enclosed please find an original, signed Order Calling Public Hearing with the certification attached, certified copy of the resolution adopting the public hearing, a copy of the public hearing notice that was published in the Suffolk Times and The New London Day newspapers, an affidavit of posting, a list of the Fishers Island Sewer District property owners and an affidavit of posting. I will forwazd an additional affidavit of posting on Fishers Island, and original affidavit of publications from both papers. Please let me know if you need anything else for your files. Very truly yours ,1d'v`- C~ rn Lyn- da M Bohn Deputy Town Clerk Encs. Cc: Town Attorney, file A regulaz meeting of the Town Boazd of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 28`h of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York pursuant to Section 202-b of the Town Law. RECITALS ORDER CALLING PUBLIC HEARING TO BEHELD ON SEPTEMBER 25, 2007 WHEREAS, the Town Boazd of the Town of Southold (herein called "Town Boazd" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Fishers Island Sewer District, has caused Diversified Technology Consultants., Inc., competent engineers duly licensed by the State of New York, to prepare a map, plan and report for the proposed sewer improvements, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"), and pursuant to the direction of the Town Boazd, the Engineer has completed and filed with the Town Board such map, plan and report of the Sewer Improvement and has estimated the total cost of such increase and improvement of facilities to be $125,000; and WHEREAS, the Town Board has given due consideration to the impact that the Sewer Improvement may have on the environment and, on the basis of such consideration, the Town Board had found that no substantial adverse environmental impact will be caused by the Sewer Improvement; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law; and WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $125,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of assessments upon the several lots and pazcels of land within the Sewer District which the Town Board shall determine to be especially benefited by the Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the annual cost of operation and maintenance of said Sewer Improvement shall be paid with a charge upon the entire area of the Town outside of any villages and shall be levied and collected in the same manner and at the same time as other Town charges; Now, therefore, be it ORDERED, that the Town Boazd shall meet and hold a public hearing at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time) to consider the construction and implementation of the Sewer Improvement, at which all persons interested in the subject thereof may be heazd concerning the same, and for such other action on the part of the Town Boazd with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in "THE SUFFOLK TIMES" and newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication; (ii) conspicuously post on the bulletin board of the Town Clerk, maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order certified by said Town Clerk; and (iii) mail by first class mail to each owner of taxable real property in the Sewer District, the Notice of such public hearing in substantially the form attached hereto designated Exhibit "A"; the first publication, posting and mailing to be not less than ten (10) nor more than twenty (20) days before the days and designated herein for said public hearing as aforesaid, DATED: August 28, 2007 T BOARD OF THE TOWN OF on. Scott A. Russell, Supervisor iC--~`~ii2. ~ ~" `may Louisa P. Evans, Justice '~ ~QC. Daniel C. Ross, Councilperson William P. Edwards, Councilperson Alber J. Krupski, Jr., Cou cilperson (SEAL) Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time), for the purpose of conducting a public heazing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefor (the "Sewer Improvement"), at the estimated total cost of $125,000. At said public hearing, the Town Board will hear all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. Dated: August 28, 2007 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK By_~ ' >.~~~ ~ /ate -~~ Elizabeth A. Neville, Town Clerk Town of Southold R. Jacob Parade Grounds Ltd • c/o Ed Lorah & Associates, LLC Martin J Scott 5 Shaws Cove, Ste 203 Fishers Island Ferry District 23 Riggs Avenue New London, CT 06320 Fishers Island, NY 06390 West Hartford, CT 06107-2722 Thomas Geniesse Thomas Shillo William Bloethe 20 W 16th Street PO Box 161 446 Crescent Avenue New York, NY 10011 Fishers Island , NY 06390 Fishers Island, NY 06390 Robert & Louisa Evans George J. Esser Peter K. Bun PO Box 546 51 E 90th Street, Apt 6A 125 Sill Lane Fishers Island, NY 06390 New York, NY 10128 Old Lyme, CT 06371 John R. Kibbe Donald & Kazen Lamb Congregational Fellowship 582 Viewland Drive 3950 Country Club Drive c/o Barbaza J. Perry, Treasurer Yorktown Heights, NY 10598 Troutville, VA 24175-5311 105 Main Street Stonington, CT 06378 Michael Roberts Curtis G. Rand Anthony B. Helfet 215 W 88th Street PO Box 452 109 Oak Avenue New York, NY 10024 Salisbury, CT 06068 Kentfield, CA 94909 Joseph L. Woodston, MD Jeanette Cook U S Coast Guard 48 Andrews Road Greenwood Avenue RSCG Station Guildord, CT 06437 PO Box 121 Ft. Trumbull Fishers Island, NY 06390 New London, CT 06320 Thomas F. Doherty, Jr. Michael & Teny Crupi Alexander Harvey II PO Box 102 PO Box 164 7300 Brightside Road Fishers Island, NY 06390 Fishers Island, NY 06390 Baltimore, MD 21212 Anne & Stewart Cutler Richazd A. Miller Hay Hazbor Club, Inc c/o Simpson, Thatcher & Bartlett Manager's Cottage 115 East 95th Street 425 Lexington Avenue Fishers Island, NY 06390 New York, NY 10128 New York , NY 10017 William H. Wood, Jr. Hiram F. Moody III Janet H. Harvey 207 Fern Street PO Box 545 2004 Stringtown Road West Hartford, CT 06119 Fishers Island, NY 06390 Sparks, MD 21152 Chazles M. Curtis Cleveland Bakery Fishers Island Development Corp Jane W. Harvey c/o Cazoline C. Cleveland c/o Robert Wall 1620 E Highland Avenue 24 Wooddale Road PO Drawer E Seattle, WA 98112 Greenwich, CT 06830 Fishers Island, NY 06390 Fishers Island School PO Drawer A Fishers Island, NY 06390 Anton T. Busman 47 Whistler Avenue Drawer F Fishers Island, NY 06390 .David David Burnham PO Box 335 Fishers Island, NY 06390 Fishers Island Club, Inc Drawer F Fishers Island, NY 06390 .Edwin H. Horning c/o Martha Horning 102 Balsam Square Poughkeepsie, NY 12601 } • • A regulaz meeting of the Town Boazd of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 28`h of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwazds, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York pursuant to Section 202-b of the Town Law. ------------------------------------------------------------X RECITALS ORDER CALLING PUBLIC HEARING TO BE HELD ON SEPTEMBER 25, 2007 WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Fishers Island Sewer District, has caused Diversified Technology Consultants., Inc., competent engineers duly licensed by the State of New York, to prepaze a map, plan and report for the proposed sewer improvements, consisting of vazious upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"), and pursuant to the direction of the Town Boazd, the Engineer has completed and filed with the Town Board such map, plan and report of the Sewer ,w • • Improvement and has estimated the total cost of such increase and improvement of facilities to be $125,000; and WHEREAS, the Town Board has given due consideration to the impact that the Sewer Improvement may have on the environment and, on the basis of such consideration, the Town Board had found that no substantial adverse environmental impact will be caused by the Sewer Improvement; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law; and WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $125,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of assessments upon the several lots and parcels of land within the Sewer District which the Town Boazd shall determine to be especially benefited by the Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the annual cost of operation and maintenance of said Sewer Improvement shall be paid with a charge upon the entire area of the Town outside of any villages and shall be levied and collected in the same manner and at the same time as other Town charges; Now, therefore, be it ORDERED, that the Town Board shall meet and hold a public heazing at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time) to consider the construction and implementation of the Sewer Improvement, at which all persons interested in the subject thereof may be heazd concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required bylaw; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in "THE SUFFOLK TIMES" and newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication; (ii) conspicuously post on the bulletin board of the Town Clerk, maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order certified by said Town Clerk; and (iii) mail by first class mail to each owner of taxable real property in the Sewer District, the Notice of such public hearing in substantially the form attached hereto designated Exhibit "A"; the first publication, posting and mailing to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid, DATED: August 28, 2007 TO OARD OF THE TOWN OF SOUTHOLD Hon. Scott A. Russell, Supervisor Thomas H. Wic am, Councilperson ~~~~ . ~ c Louisa P. Evans, Justice Daniel C. Ross, ouncilperson William P. Edwards, Councilperson ~J. Krupski, Ji~pers' L (SEAL) Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of vazious upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefor (the "Sewer Improvement"), at the estimated total cost of $125,000. At said public hearing, the Town Board will hear all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. Dated: August 28, 2007 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK By Elizabeth A. Neville, Town Clerk Town of Southold AFFIDAVIT OF POSTING STATE OF NEW YORK ) Ss COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn upon her oath deposes and says: That she is and at all times hereinafter mentioned she was the duly qualified Town Clerk of the Town of Southold, in the County of Suffolk, State of New York; that on the Srh day of September, 2007, she caused to be conspicuously posted and fastened up a certified copy of the Order Calling Public Hearing, a true copy of which is annexed hereto and made a part hereof, on the bulletin board of the Town Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this Sa' day of September, 2007. (SEAL) Subscribed and sworn to before me this Sa' day of September, 2007. ~ ~ ('1 Notary P blic, State of New York LYNDA M. BOHN H@fil1~Y PUBLIC, State of NewYAf1I No.01B06020932 Guallfied in Suffolk CourM+~yy $i(tn Expires March 8, 2D.J;(, ~~ no~D1~ Town Clerk STATE OF NEW YORK ) Ss COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, DOES HEREBY CERTIFY that she has compared the preceding Order Calling Public Hearing with the original thereof filed in her office on the 5`h day of September, 2007, and that the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 5`h day of September, 2007. (SEAL) _ ~~~.~ (§~/E'~~ Town Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time), for the purpose of conducting a public heazing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"), at the estimated total cost of $125,000. At said public hearing, the Town Board will hear all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. Dated: August 28, 2007 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A. Neville, Town Clerk Town of Southold AFFIDAVIT OF MAILING STATE OF NEW YORK ) Ss: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn upon her oath deposes and says: That she is and at all times hereinafter mentioned she was the duly qualified Town Clerk of the Town of Southold, in the County of Suffolk, State of New York; that on the 5`h day of September, 2007, she mailed or caused to be mailed, by first class mail, a copy of the Notice of Public Hearing to be held on September 25, 2007, to each owner of property benefited by the improvements referred to in said Notice as shown upon the assessment roll of said Town. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 5`h day of August, 2007. (SEAL) Subscribed and sworn to before me this 5'" day of September, 2007. r ~ ~c/~ Notary Pu lic, State of New York LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01606020932 qualified In Suffolk County Term Expires March 8, 20 J,J_ Town Clerk AUG 21.2001 11:10AM eNelneeaeo so LUiloNs August 20, 2007 Supervisor Scott A. Russell Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southo]d, New York 11971-0959 RE:. Proposal for Engineering Services Upgrade ofPump Starion, Generator Replacement, and Leaching Field Repair bTC ProjectNo. 07-291-000 Deaz Supervisor Russell: N0. 139 P. 2 L 6• ~ ; 1 I STaV eTVae3 1` VlATEa i ,: AUG 2 32007 ' _; The following scope of services is proposed for the wastewater system upgrade. The Honorable Louisa Evans representing the Sewer District and your Assistant Town Attorney have both reviewed and approved the scope, schedule and fee. 1. Review shop drawings. 2. Provide plans, shop drawings and coordinate with Water & Waste Equipment Tnc. during the pump station and generator upgrades. Provide assistance to Harold's during the community leaching 5eld repairs. 3. Provide cost estimate updates of the construction and associated work for the pump station upgrade, the generator, the fuel tank removal and the community leaching field repairs. 4. Coordinate with Hazold's during construction of the above items. Supply engineering sketches,as necessary. 5. Coordinate with Water & Waste Equipment Tnc. during the pump station upgrade. 6. Provide copies of eocisting pump station and generator plans and shop drawing for use during bidding. The plans will be modified to show the equipment and generator to be replaced. 7. Assist the Town and Sewer District during the bonding process and the bidding process. 8. Assist during contractor selection. 9. Witnessstart-up and testing of the new equipment 10. Review payment requisitions. 11. Prepaze a letter report regarding the upgraded systems. The schedule is from August 15, 2007 until December 2007. The fee for these services is cost plus, a fixed fee, not-to-exceed $10,900.00 based upon the enclosed rate table and expense table. The fee is the same as the one listed in the bonding estimate. DIVERSIFIED TeCHNOLOGT CONSULTANTS 556 WgSFiINGTON AVENUE NORTH HAVEN CT 06473 203 239 4200 203 234 7376 FqX AUG. 21. 2001 11: LOAM Supervisor Scott A.Russelt • • Augustl0, 2007 Page 2 N0. 139-P. 3 We have enclosed two on final proposals, We ask that a representative authorized tq execute this proposal indicate authorization for DTC to proceed with the work as described by sig~vng below and returning one original proposal to our office. Respectfully, DIVERSIFTLD TECHNOLOGY CONSULTANTS `G Michael A. Home, P.E. Associate Enclosures: Schedule A Schedule D cc: The Honorable Louisa Evans ICieman M_ Corcoran, Assistant Town Attorney C~raharn Curtis, PE, ]/xecutive Vice President The above proposal is offered asd accepted apd DTC is authorized to proceed ForDIYERSIFIEb TBCfINOLOGYCONSULTANTS Dr. Murali Atluru, P.E. Chief Executive Officer For TOWNOFSOUTFIOLD, NEWYORK Jcott A. Russell Supervisor Date: $~2eJp~ bate: AUG. 27. 2001 11:10AM N0. 139 P. 4 SCHEDULE A (DESIGN) 2007 SCHEDULE OF FEES DIVERSIFIED TECHNOLOGY CONSULTANTS CLASSIFICATION YEAR 2007 HOURLY BILLING Principal Vice President ~ 180.00 $ 175 00 Associate . Sr. Project IVlanager $ 170.00 Project Manager $ 165.00 Professional Engineer (PE) $ 150.00 Licensed Landscape Architect(LA) $ 125.00 Engineer/Planner/Landscape Architect $ 125.00 Designer $ 115,00 Q~QC 1ngineer $ 115.00 L.E.P. ~ 135.00 Environmental Scientist $ 145.00 Sr. Technician /CARD $ 110.00 Technician $ 95.00 Construction Project Manager $ 85.00 Construction Engineer ~ 135.00 Sr. Construction Representative / Sr Field En i S 115.00 . g neer $ 95.00 Construction Representative Admin. $ 85.00 Typist $ 65.00 Messenger $ 55.00 _- ~ 40.00 ~,~~=~~c+uy+ ycrsennel aze required to be paid 1,5 times their hour]y rate 1f required to work overtime, ^' Out of ordinary Direct Expenses will be billed in accordance with, the attached sheet. A 10% administrative charge will be added on all subcontracts and sub-consultants. Invoices will be submitted once a month fox services performed during the previous month. Payment will be due within 30 calendar days of the invoice date. Interest charges of 1.5% per month will be applied to unpaid invoices over 30 days. 'Rate table is subject fo change at year-end AUG. 27. 2001 11:10AM N0. 139 P. 5 SCHEDULE D 2007 DIRECT EXPENSES RATE SCHEDULE bIVEI2SIFTED TECHNOLOGY CONSULTANTS ITEM COST/UNIT SIT REAR 2007 Transportation Mile $ 0.485* Printing/Plotting Square Foot $ 0.50/sf Fixed line My1ar Sheet $ 125.00 In-House Copying Page $ 0.25 Photographs Each $ 1.00 Overnight Mail: Letter Each $ 18.00 Overnight Mail Roll of Maps $ 29 DD Tyvek Suit Each $ 21 00 Respirator and Cartridges Day $ 26.00 pH Metet Day $ 110.00 Photo /Flame Ionization Detector Day $ 115.00 Confined Space Safety Equipment Day $ 110.00 Flow Monitoring Equipment Weekly $ 500.00 Groundwater Level Indicator Day $ 30.00 Level D or C Personal Protection Equip. Day $ 45.00 Level B Personal Protection Equip. pay $ 150.00 LaMotte 2020 Turbidimeter Day $ 35.00 Water Quality Instruments &Flow-through Cel] Day $ 125.00 Asbestos Sampling Equipment Day ~ 30.00 Oil /Water Interface Probe Day $ 65.00 Bailers Each $ 35.00 Peristaltic /Bladder Pump Day $ 65.00 GPS Hour $ 90.00 Expert Testimony for Deposition/Arbitration or Court Testimony (Minimum): Minimum $1,000.00 Pull Day $2,000.00 A 30°l administrative charge will be added on all Drred Expenses. Any other equipment that is required for a particulaz project will be billed at the rental cost plus lo% admiaistaGve charge. Any other our-of-pocket expense including but not limited to airfares, car rentals, hotel charges, etc. m71 be br7led at the actual cost plus 10% adIIlinistrative charge. '/RS 2007 Standard Mileage Rafe Rate fable is subject to change of year-end A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 28`h of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York pursuant to Section 202-b of the Town Law. RECITALS ORDER CALLING PUBLIC HEARING TO BE HELD ON SEPTEMBER 25, 2007 WHEREAS, the Town Board of the Town of Southold (herein called "Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Fishers Island Sewer District, has caused Diversified Technology Consultants., Inc., competent engineers duly licensed by the State of New York, to prepaze a map, plan and report for the proposed sewer improvements, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefor (the "Sewer Improvement"), and pursuant to the direction of the Town Boazd, the Engineer has completed and filed with the Town Board such map, plan and report of the Sewer Improvement and has estimated the total cost of such increase and improvement of facilities to be $125,000; and WHEREAS, the Town Board has given due consideration to the impact that the Sewer Improvement may have on the environment and, on the basis of such consideration, the Town Board had found that no substantial adverse environmental impact will be caused by the Sewer Improvement; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regazding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law; and WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $125,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of assessments upon the several lots and parcels of land within the Sewer District which the Town Board shall determine to be especially benefited by the Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the annual cost of operation and maintenance of said Sewer Improvement shall be paid with a charge upon the entire azea of the Town outside of any villages and shall be levied and collected in the same manner and at the same time as other Town charges; Now, therefore, be it ORDERED, that the Town Boazd shall meet and hold a public heazing at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time) to consider the construction and implementation of the Sewer Improvement, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in "THE SUFFOLK TIMES" and newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication; (ii) conspicuously post on the bulletin board of the Town Clerk, maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order certified by said Town Clerk; and (iii) mail by first class mail to each owner of taxable real property in the Sewer District, the Notice of such public hearing in substantially the form attached hereto designated Exhibit "A"; the first publication, posting and mailing to be not less than ten (10) nor more than twenty (20) days before the day set,arld designated herein for said public hearing as aforesaid, ~~ DATED: August 28, 2007 TO BOARD OF THE TOWN OF Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice W ~ Y~ William P. Edwards, Councilperson H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J: (SEAL) Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 2Sth day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of vazious upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefor (the "Sewer Improvement"), at the estimated total cost of $125,000. At said public heazing, the Town Boazd will hear all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. Dated: August 28, 2007 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Bye ~'.~ e~..lif;P, Elizabeth A. Neville, Town Clerk Town of Southold Southold Town Boazd -Letter Boazd Meeting of August 28, 2007 ~'"`"`~ RESOLUTION 2007-709 Item # 16 ~~~ ADOPTED DOC ID: 3137 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2007-709 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2007: A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, in said Town, on the 28`s of August, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwazds, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. ICrupski, Jr., Councilperson -------------------------------------------------------------X In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer ORDER CALLING PUBLIC District, in the Town of Southold, in the HEARING TO BE HELD ON County of Suffolk, New York pursuant to SEPTEMBER 25, 2007 at 7:35 pm Section 202-b of the Town Law. ------------------------------------------------------------X RECITALS WHEREAS, the Town Board of the Town of Southold (herein called "Town Boazd" and "Town", respectively), in the County of Suffolk, New York, on behalf of the Fishers Island Sewer District, has caused Diversified Technology Consultants., Inc., competent engineers duly licensed by the State of New York, to prepare a map, plan and report for the proposed sewer improvements, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the Generated August 30, 2007 Page 21 Southold Town Board - L~er Boa~eeting of August 28, 2007 ~ underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"), and pursuant to the direction of the Town Boazd, the Engineer has completed and filed with the Town Board such map, plan and report of the Sewer Improvement and has estimated the total cost of such increase and improvement of facilities to be $125,000; and WHEREAS, the Town Boazd has given due consideration to the impact that the Sewer Improvement may have on the environment and, on the basis of such consideration, the Town Board had found that no substantial adverse environmental impact will be caused by the Sewer Improvement; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law; and WHEREAS, the maximum amount proposed to be expended for the construction of the Sewer Improvement is estimated to be $125,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of assessments upon the several lots and parcels of land within the Sewer District which the Town Board shall determine to be especially benefited by the Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, the annual cost of operation and maintenance of said Sewer Improvement shall be paid with a charge upon the entire area of the Town outside of any villages and shall be levied and collected in the same manner and at the same time as other Town charges; Now, therefore, be it ORDERED, that the Town Board shall meet and hold a public hearing at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time) to consider the construction and implementation of Generated August 30, 2007 Page 22 / • Southold Town Board -Letter • Board Meeting of August 28, 2007 the Sewer Improvement, at which all persons interested in the subject thereof may be heazd concerning the same, and for such other action on the part of the Town Board with relation thereto as maybe required by law; and be it FURTHER ORDERED, that the Town Clerk (i) publish at least once in "THE SUFFOLK TIMES" and newspaper published in Mattituck, in the Town of Southold and hereby designated as the official newspaper of the Town for such publication; (ii) conspicuously post on the bulletin board of the Town Clerk, maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order certified by said Town Clerk; and (iii) mail by first class mail to each owner of taxable real property in the Sewer District, the Notice of such public hearing in substantially the form attached hereto designated Exhibit "A"; the first publication, posting and mailing to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid, DATED: August 28, 2007 TOWN BOARD OF THE TOWN OF SOUTHOLD Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 25th day of September, 2007, at 7:35 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing to consider to the proposed increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"), at the estimated total cost of $125,000. Generated August 30, 2007 Page 23 Southold Town Board - L~er Boa~Meeting of August 28, 2007 ` At said public hearing, the Town Board will heaz all persons interested in the subject matter thereof concerning the same and for such other action on the part of the Town with relation thereto as may be required by law. Dated: August 28, 2007 Southold, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK By. Elizabeth A. Neville, Town Clerk Town of Southold ~~4~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski ]r., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Generated August 30, 2007 Page 24 Southold Town Board - L~ ~~~ Boar~eeting~f Augu t 28, 2007 RESOLUTION 2007-708 ADOPTED Item # 15 DOC ID: 3139 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2007-708 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2007: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed improvements to the Fishers Island Sewer District Pumo Station is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. E~Q~' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Generated August 30, 2007 Page 20 Southold Town Board - Lc~ w~a.@r. ;~~ ~_. Boar~ee ing of August 28, 2007 RESOLUTION 2007-707 ADOPTED Item # 14 DOC ID: 3132 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2007-707 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Proposal dated August 20 2007 between the Town of Southold and Diversified Technology Consultants, in connection with the Fishers Island Sewer District, regazding emergency upgrades of the Pump Station, generator replacement and leaching field repairs, at a cost not to exceed $10,900.00, subject to the approval of the Town Attorney. ,~~Q/, Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski ]r., Councilman AYES: Krupski ]r., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Generated August 30, 2007 Page 19 Ci~~f~~2~`~ DELAFIELD &WOODLLP PHONE (2121 8 20-9300 ONE CHASE MANHATTAN PLAZA NEW YORK FAX (212) 514-8425 NEW YORK, NY 10005 WASHINGTON VhNN.HAWKINS.COM NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO (212)820-9416 Town of Southold, New York Final Order for Fishers Island Sewer District (Our File Desi>?nation: 2615/30898) Kieran Corcoran, Esq. Deputy Town Attorney Town of Southold 53095 Main Road Southold, New York 11971 Dear Kieran: September 25, 2007 In connection with the increase and improvement of facilities of the Fishers Island Sewer District, pursuant to Section 202-b of the Town Law, I have prepazed and enclose herewith drafts of the following proceedings for the consideration of the Town Board at its meeting this evening: (i) the Extract of Minutes showing the holding of the Public Hearing; (ii) the Resolution and Order After Public Hearing; and (iii) the Bond Resolution authorizing the issuance of $125,000 serial bonds to finance the project. Also enclosed is the summary of the bond resolution with the Town Clerk's statutory form of notice for publication in the official Town newspaper(s) as prescribed by Section 80.00 et. seq. of the Local Finance Law and the Town Clerk's Estoppel Certificate. 530474.1 030898 RES Please do not hesitate to call if you have any questions or comments. Thanking you and with kind regards, I remain Sincerely yours, Gerard Fernandez, Jr. GF,Jr./ml Enclosures cc: Patricia Finnegan, Town Attorney John Cushman, Town Comptroller 530474.1 030898 RES EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York September 25, 2007 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, at _:_ o'clock P.M., on September 25, 2007. present: Hon. Scott A. Russell, Supervisor; and Board Members: There were absent: rt: Elizabeth A. Neville, Town Clerk Patricia A. Finnegan, Town Attorney John A. Cushman, Town Comptroller + r The Supervisor stated that a public heazing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, at 7:35 o'clock P.M. (Prevailing Time) to consider the increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to 530474.1 030898 RES replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and apparatus required therefor (the "Sewer Improvement"); and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Boazd with relation thereto as may be required by law. The Town Clerk presented affidavits showing that the Notice of said public hearing had been duly published and posted pursuant to the provisions of Article 12 of the Town Law and had been mailed by first class mail to each owner of taxable real property in the District. The Supervisor stated that the heazing in the said matter was now open and asked if there were any interested persons present who desired to be heazd. The following persons appeazed in favor of such increase and improvement of facilities of said District: The following persons appeazed in opposition to such increase and improvement of facilities: The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeazed, whereupon the Supervisor declared the public hearing closed. 530474.1 030898 RES At a regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 2007. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwards, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson Albert J. Krupski, Jr., Councilperson In the Matter of the Increase and Improvement of Facilities of the Fishers Island Sewer District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law Offered by: Seconded by: RESOLUTION AND ORDER AFTER PUBLIC HEARING 530474.1 030898 RES WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board" and the "Town", respectively), in the County of Suffolk, New York, acting on behalf of the Fishers Island Sewer District (herein called the "District"), in the Town, has reviewed a preliminary map, plan and report prepared by Diversified Technology Consultants., Inc., engineers duly licensed by the State of New York (the "Engineer"), for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefor (the "Sewer Improvement"); and, pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $125,000; and WHEREAS, the Town Boazd adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on September 25, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, in the Town; and WHEREAS, a Notice of such public heazing was duly published, posted and mailed pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on the 25th day of September, 2007 at 7:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes a Type II action pursuant to the State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required; 530474.1 030898 RES Now, therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District hereinabove described as the Sewer Improvement, at the estimated maximum cost of $125,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the issuance of $125,000 serial bonds of the Town and the costs of said increase and improvement of facilities, including payment of principal of and interest on said bonds, shall be paid by the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall deem especially benefited by said facilities, so much upon and from each as shall be in just proportion to the amount of benefit which the improvement shall confer upon the same; and it is hereby 530474.1 030898 RES FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within thirty (30) days after adoption thereof. DATED: September 25, 2007 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD HON. SCOTT A. RUSSELL, SUPERVISOR LOUISA P. EVANS, JUSTICE WILLIAM P. EDWARDS, COUNCILPERSON THOMAS H. WICKHAM, COUNCILPERSON DANIEL C. ROSS, COUNCILPERSON ALBERT J. KRUPSKI, JR., COUNCILPERSON The adoption of the foregoing Resolution and Order was duly put to a vote on roll call, which resulted as follows: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Justice William P. Edwazds, Councilperson Thomas H. Wickham, Councilperson Daniel C. Ross, Councilperson voting voting voting voting Albert J. Krupski, Jr., Councilperson The Resolution and Order was declared adopted. 530474.1 030898 RES CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, DO HEREBY CERTIFY that I have compared the preceding Order Calling for a Public Hearing with the original thereof filed in the office of the Town Clerk on the _ day of September, 2007, and that the same is a true and correct copy of said original and of the whole thereof. EREOF, I have hereunto set my hand and affixed the corporate seal of said Town on this _ day of 2007. Elizabeth A. Neville, Town Clerk Town of Southold 530474.1 030898 RES BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION,.THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Offered by: Seconded By: 530474.1 030898 RES Recital WHEREAS, following preparation of a map, plan and report and an estimate of cost for the increase and improvement of facilities of the Fishers Island Sewer District (herein called the "District"), in the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, and after a public heazing duly called and held, the Town Board (herein called "Town Boazd") of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Boazd) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $125,000 for the increase and improvement of facilities of the District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefor, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefore (herein sometimes referred to as "Sewer Improvement"). The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $125,000. The plan of financing includes the issuance of $125,000 bonds of the Town to finance said appropriation and the assessment, levy and collection of assessments upon the several lots and pazcels of land within the District which the Town Boazd shall deem especially benefited by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same. Section 2. Serial bonds of the Town aze hereby authorized to be issued in the principal amount of $125,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters aze hereby determined and stated: 530474.1 030898 RES (a) The period of probable usefulness of the Sewer Improvement, being the specific object or purpose for which said bonds aze authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is thirty (30) yeazs. (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, or for expenditure made prior to the effective date of this resolution if a declaration of intent to issue bonds has been made, 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 proposed maturity of the serial bonds authorized by this resolution will exceed five (5) years. (d) The Town Boazd, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds 530474.1 030898 RES 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 and 168.00 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 the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, aze hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in substantially the form annexed hereto and made a part hereof and designated Exhibit "A," in "SUFFOLK TIMES" and "NEWSDAY," two newspapers each having a general circulation in said Town, which newspapers are hereby designated as the official newspapers of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. 530474.1 030898 RES The adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Hon. Scott A. Russell, Supervisor voting Louisa P. Evans, Justice voting William P. Edwards, Councilperson voting Thomas H. Wickham, Councilperson voting Daniel C. Ross, Councilperson voting Albert J. Krupski, Jr., Councilperson voting The Resolution was declazed adopted. 530474.1 030898 RES 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 of a meeting of the Town Boazd of said Town, duly called and held on September 25, 2007 has been compared by me with the original minutes as officially recorded in my 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. HEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this day of September, 2007. Elizabeth A. Neville, Town Clerk Town of Southold 530474.1 030898 RES NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED WITH BOND RESOLUTION AFTER ADOPTION) NOTICE The resolution, a summary of which is published herewith, has been adopted on the 25th day of September, 2007, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the TOWN OF SOUTHOLD, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: September 25, 2007 Southold, New York Elizabeth A. Neville Town Clerk 530474.1 030898 RES EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFOR, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds aze authorized is for the increase and improvement of facilities of the Fishers Island Sewer District, consisting of various upgrades to the wastewater pump station, the installation of a generator to replace the existing generator, installation of a propane tank, including the construction of the foundation therefore, the removal and replacement of the underground diesel fuel tank and reconstruction of the leach field pipe and other work related, appurtenant and supplemental thereto, including any original equipment, machinery, and appazatus required therefore (the "Sewer Improvement"). The Town Board, as lead agency, has given due consideration to the impact that the Sewer Improvement may have on the environment and has determined that such project is a Type II Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, and pursuant to 6 N.Y.C.R.R., Regulations Part 617.5 (c)(2), and no further environmental review is required. The amount of obligations to be issued is $125,000. The period of probable usefulness is thirty (30) yeazs. 530474.1 030898 RES A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. The bond resolution was adopted on September 25, 2007. 530474.1 030898 RES C' ESTOPPEL CERTIFICATE C~ I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York (the "Town"), HEREBY CERTIFY as follows: That a resolution of the Town Board of said Town entitled: "BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 25, 2007, APPROPRIATING $125,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS ISLAND SEWER DISTRICT, CONSISTING OF VARIOUS UPGRADES TO THE WASTEWATER PUMP STATION, THE INSTALLATION OF A GENERATOR TO REPLACE THE EXISTING GENERATOR, INSTALLATION OF A PROPANE TANK, INCLUDING THE CONSTRUCTION OF THE FOUNDATION THEREFORE, THE REMOVAL AND REPLACEMENT OF THE UNDERGROUND DIESEL FUEL TANK AND RECONSTRUCTION OF THE LEACH FIELD PIPE AND OTHER WORK RELATED, APPURTENANT AND SUPPLEMENTAL THERETO, INCLUDING ANY ORIGINAL EQUIPMENT, MACHINERY, AND APPARATUS REQUIRED THEREFOR, AND AUTHORIZING THE ISSUANCE OF $125,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION," was adopted on September 25, 2007, and such resolution contained an estoppel clause as permitted by Section 80.00 of the Local Finance Law and a notice setting forth substantially the statements refened to in Section 81.00 of the Local Finance Law, together with a summary of such resolution, was duly published as referred to in said Section 81.00 of the Local Finance Law; and That to the best of my knowledge, no action, suit or proceeding contesting the validity of the obligations authorized by such resolution was commenced within twenty days from the date of publication of such notice. EREOF, I have hereunto set my hand and affixed the corporate seal of said Town this day of October, 2007. 530474.1 030898 RES