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
~~
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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 •.
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~~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
~~
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~~'~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
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528906. ~ 030898 CERT
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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
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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