HomeMy WebLinkAboutPartial Reconstruction - Town HallDELAFIELD (~WOOD LLP
ONE CHASE MANHATTAN pLA~
NEW YORK~ NY 10005
Writer's dire~ contact:
Phone: 212-820-9416
Fax: 212-820-965!
E-mail: g~mandez~hawkins.com
RECEIVED
APB 1 8 2008
SoulhoDI Town Clerk
April 16, 2008
Town of Southold, New York
$95,000 Serial Bond for Partial Reconstruction of Town Hall
(Our Filo Designation: 2615/31524)
Ms. Lynda M. Bohn
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Dear Ms. Bohn:
The Affidavit of Publication enclosed with your letter dated April 94 has been
reviewed and then included in our transcript of proceedings.
Thanking you and with kind regards, t remain
GFjr/jc
Gerard Fernandez, Jr.
541422.1 031524 LTR
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 9, 2008
Town of Southold, New York
$95,000 Serial Bonds for Partial Reconstruction of Town Hall
Our File Designation: (2615/31524)
Mr. Gerard Fernandez, Jr. Esq.
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York. NY 10005
Dear Mr. Gerard Fernandez, Jr. Esq.:
Enclosed find a certified copy of the affidavit of publication. Pleas accept my
apologies for not forwarding this document to you sooner.
If there is anything else at this time you need for your files, feel free to contact
me.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
encs
#8713
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that 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 a week for 1__ week(s), successively, commencing on the 21st
day of February, 2008.
Principal Clerk
Sworn to before me this
:(,~ day of ~_,/~) 2008
LEGAL NOTICE
is published herewith, has been adopted
on the 12th day of February, 2(]08, and
the validity of the obligations authorized
by such re~olution may be hereafter
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
been compiled with as of the date of
publication of this Notice were not sub-
stantially complied with. and an action,
suit or proceeding contesting such valid-
ity is commenced within twenty days af-
obligations were authorized in violation
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE
TOWN OF SOUTHOLD, NEW YORK,
ADOPTED FEBRUARY 12, ~008, A[Z-
THORIZING THE RECONSTRUC-
TION, IN PART, OF THE TOWN
HALL, IN SOUTHOLD: STATING
THE ESTIMATED MAXIMUM COST
THEREOF IS $95,000; APPROPRIAT-
ING SAID AMOUNT THEREFOR
AND AUTHORIZING THE ISSU-
ANCE OF $95~0~0 BONDS OF SAID
TOWN TO FINANCE SAID APPRO-
PRIATION.
part, the Town Hall ("Project") at the
propriatthg said amount therefor and
determining that, pursuant to SEQRA,
the Project is a ~ II Action and no
Amount of obligations to be issued:
$95,OOO
Period of probable usefulness: five
(5) years
A complete copy of the Bond Reso-
lution summarized above shall be avail-
able for public inspection during normal
business hours at the Town Clerk's Of-
ficc, 53095 Main Road, Southold, New
York.
Dated: February 12, 2008
Southold, New York
!~J~-IT 2/21 _
~qOTARv pUBLIC-$TAIF- OF NEW YORK
NO. 0t.vO6105050
Quo~fled in SultOlk county
DELAFIELD &WOOD LLP
RECEIVED
ONE CHASE MANHATTAN pLAZA
NEW YORK~ NY IOOOS
Writer's dire~ co.act:
Phone: 212-820-9416
Fax: 212-820-965I
E-mail: g~mandez@hawkins.com
Southold Town Clerk LOSANGELES
SAN FRANCISCO
Town of Southold, New York
$95,000 Serial Bond for Partial Reconstruction of Town Hall
(Our File Designation: 2615/31524)
Ms. Lynda M. Bohn
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Dear Ms. Bohn:
Thank you for your letter dated February 144 enclosing a certified copy of the
Extract of Minutes of the February 12t~ Meeting. Included in this Extract is the Proof of the
Adoption of the Bond Resolution.
The Extract of Minutes has been included in our records.
Again thanking you and with kind regards, I remain
Gerard Fernandez, Jr.
539224.1 031524 LTR
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 14, 2008
Town of Southold, New York
$95,000 Serial Bonds for Partial Reconstruction of Town Hall
Our File Designation: (2615/31524)
Mr. Gerard Fernandez, Jr. Esq.
Hawkins, Delafield & Wood
67 Wall Street
New York, NY 10005
Dear Mr. Gerard Fernandez, Jr. Esq.:
Enclosed find a copy of the Extract of Minutes with certificate, the copy of the
legal notice (that will appear in the February 21, 2008 edition of the Suffolk Times) with
certificate, and a certified resolution. I will forward the affidavit of publication when it is
received.
If there is anything else at this time you need for your files please feel free to
contact me.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
eBCS
LEGAL NOTICE
The resolution, a summary of which is published herewith, has been
adopted on the 12th day of February, 2008, 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
Suflblk, New York, is not authorized to expend money or if the provisions of law which
should have been complied with as of the date of publication of this Notice were not
substantially complied with, and an action, suit or proceeding contesting such validity is
commenced within twenty days after the publication of this Notice, or such obligations
were authorized in violation of the provisions of the constitution.
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED FEBRUARY 12, 2008,
AUTHORIZING THE RECONSTRUCTION, IN PART,
OF THE TOWN HALL, IN SOUTHOLD; STATING
THE ESTIMATED MAXIMUM COST THEREOF 1S
$95,000; APPROPRIATING SAID AMOUNT
THEREFOR AND AUTHORIZING THE ISSUANCE OF
$95,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Object or purpose:
Amount of obligations
to be issued:
to reconstruct, in part, the Town Hall ("Project") at the
estimated maximum cost of $95,000, appropriating said
amount therefor and determining that, pursuant to SEQRA,
the Project is a Type II Action and no further review is
required.
$95,000
Period of probable
usefulness:
five (5) years
A complete copy of the Bond Resolution summarized above shall be available for public
inspection during normal business hours at the Town Clerk's Office, 53095 Main Road,
Southold, New York.
Dated: February 12, 2008
Southold, New York
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the / ao'v~ day of~ld.,~~, 2008, she affixed a
notice of which the annexed printed notice is a true copy, ~n a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Bond Resolution for Town Hall Renovations
v (,~lizabeth A. Neville
Southold Town Clerk
Sworn before E).S this
~,n41. day of~, 2008.
l~otary Public
LYNDA M. BOHN
NOTARY PUBLIC, Slate of New York
No. 01 BO6020932
Qualified in Suffolk County
Term Expires March 8, 20 ~
EXTRACT OF MINUTES
Meeting of the Town Board of the Town of Southold,
in the County of Suffolk, New York
February 12, 2008
A regular meeting of the Town Board of the Town of Southold, in the
County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold,
New York, on February 12, 2008, at 4:30 o'clock p.m.
There were present:
Board Members:
There were absent:
Also present:
Hon. Scott A. Russell, Supervisor; and
Councilman William P. Ruland
Councilman Vincent M. Orlando
Councilman Albert Krupski Jr
Justice Louisa P. Evans
Elizabeth A. Neville, Town Clerk
Kieran Corcoran, Assistant Town Attorney
Councilman William P. Ruland offered the following resolution and
moved its adoption:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED FEBRUARY 12, 2008,
AUTHORIZING THE RECONSTRUCTION, IN PART,
OF THE TOWN HALL, IN SOUTHOLD; STATING
THE ESTIMATED MAXIMUM COST THEREOF IS
$95,000; APPROPRIATING SAID AMOUNT
THEREFOR AND AUTHORIZING THE ISSUANCE OF
$95,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE
COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote
of not less than two-thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold (herein called the "Town"), in the
County of Suffolk, New York, is hereby authorized to reconstruct, in part, the Town Hall,
situated at 53095 Main Street, in the Town, including (i) reconstruction of the roof, (ii)
installation of new doors on the east and west sides of the building and (iii) the air
conditioning system in the east wing of the building, and the original furnishings,
equipment, machinery or apparatus required for such building as so reconstructed, as well
as grading and improvement of the site (hereinafter referred to as the "Project"). The
estimated maximum cost of the Project, including preliminary costs and costs incidental
thereto and the financing thereof, is $95,000 and the said amount is hereby appropriated
therefor. The plan of financing includes the issuance of $95,000 serial bonds of the
Town to finance said appropriation and the levy and collection of taxes on all the taxable
real property in the Town to pay the principal of said bonds and the interest thereon as the
same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of not to
exceed $95,000 are hereby authorized to be issued pursuant to the provisions of the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (herein called the "Law"), to finance said appropriation.
Section 3. The following additional matters are hereby determined
and declared:
(a) The period of probable usefulness applicable to the Project, being
the specific object or purpose for which said serial bonds are authorized to be issued,
within the limitations of Section 11.00 a. 12 (a)(2) of the Law, is fifteen (15) years;
however, the bonds authorized pursuant to this resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds, shall mature no later than five (5) years
from the date of original issuance of said bonds or notes.
(b) The proceeds of the bonds herein authorized and any bond
anticipation notes issued in anticipation of said bonds may be applied to reimburse the
Town for expenditures made after the effective date of this resolution for the purpose for
which said bonds are authorized. The foregoing statement of intent with respect to
reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the
United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency
pursuant to the provisions of the New York State Environmental Quality Review Act,
constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R.,
Regulations Part 617 ("SEQRA"), has heretofore determined that the Project is a Type ll
action pursuant to SEQRA and no further review is required.
(d) The proposed maturity of the bonds authorized by this resolution
will not exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any
bond anticipation notes issued in anticipation of the sale of said bonds shall contain the
recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes
issued in anticipation of said bonds shall be general obligations of the Town, payable as
to both principal and interest by general tax upon all the taxable real property within the
Town without limitation of rate or amount. The faith and credit of the Town are hereby
irrevocably pledged to the punctual payment of the principal of and interest on said bonds
and any notes issued in anticipation of the sale of said bonds and provision shall be made
annually in the budget of the Town by appropriation for (a) the amortization and
redemption of the bonds and any notes in anticipation thereof to mature in such year and
(b) the payment of interest to be due and payable in such year.
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 of Section
50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board
relative to authorizing bond anticipation notes and prescribing the terms, form and
contents and as to the sale and issuance of the bonds herein authorized, and of any bond
anticipation notes issued in anticipation of said bonds, and the renewals of said bond
anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the
Town.
Section 6. The validity of the bonds authorized by this resolution and
of any notes issued in anticipation of the sale of said bonds may be contested only if:
(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 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 bond resolution shall take effect immediately, and the
Town Clerk is hereby authorized and directed to publish a summary of this bond
resolution, together with a Notice attached in substantially the form prescribed by Section
81.00 of the Law in "The Suffolk Times," a newspaper published in Southold, New York,
having a general circulation in the Town and hereby designated the official newspaper of
said Town for such publication.
The adoption of the foregoing resolution was seconded by Councilman
Vincent M. Orlando and duly put to a vote on roll call, which resulted as follows:
AYES: Hon. Scott A. Russell, Supervisor; and
Councilman William P. Ruland
Councilman Vincent M. Orlando
Councilman Albert Krupski Jr
Justice Louisa P. Evans
NOES: None
The resolution was declared adopted.
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 Board of said Town of
Southold duly called and held on February 12, 2008, has been compared by me with the
original minutes as officially recorded in my office in the Minute Book of said Town
Board and is a true, complete and correct copy thereof and of the whole of said original
minutes so far as the same relate to the subject matters referred to in said extract.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town of Southold this
13th day of February, 2008.
(SEAL)
- 0 Town Clerk
Southold Town Board - Letter
Board Meeting of February 12, 2008
RESOLUTION 2008-174
ADOPTED
Item #
DOC ID: 3596
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-174 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 12, 2008:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 12, 2008, AUTHORIZING THE
RECONSTRUCTION, IN PART, OF THE TOWN HALL, IN
SOUTHOLD; STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $95,000; APPROPRIATING SAID AMOUNT
THEREFOR AND AUTHORIZING THE ISSUANCE OF
$95,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold (herein called the "Town"), in the County
of Suffolk, New York, is hereby authorized to reconstruct, in part, the Town Hall, situated at
53095 Main Street, in the Town, including (i) reconstruction of the roof, (ii) installation of new
doors on the east and west sides of the building and (iii) the air conditioning system in the east
wing of the building, and the original furnishings, equipment, machinery or apparatus required
for such building as so reconstructed, as well as grading and improvement of the site (hereinafter
Generated February 13, 2008 Page 36
Southold Town Board - Letter
Board Meeting of February 12, 2008
referred to as the "Project"). The estimated maximum cost of the Project, including preliminary
costs and costs incidental thereto and the financing thereof, is $95,000 and the said amount is
hereby appropriated therefor. The plan of financing includes the issuance of $95,000 serial
bonds of the Town to finance said appropriation and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said bonds and the interest thereon as
the same shall become due and payable.
Section 2. Serial bonds of the Town in the principal amount of not to exceed
$95,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the
"Law"), to finance said appropriation.
Section 3. The following additional matters are hereby determined and
declared:
(a) The period of probable usefulness applicable to the Project, being the
specific object or purpose for which said serial bonds are authorized to be issued, within the
limitations of Section 11.00 a. 12 (a)(2) of the Law, is fifteen (15) years; however, the bonds
authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of
the sale of said bonds, shall mature no later than five (5) years from the date of original issuance
of said bonds or notes.
(b) The proceeds of the bonds herein authorized and any bond anticipation
notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures
made after the effective date of this resolution for the purpose for which said bonds are
authorized. The foregoing statement of intent with respect to reimbursement is made in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
Generated February 13, 2008 Page 37
Southold Town Board - Letter Board Meeting of February 12, 2008
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant
to the provisions of the New York State Environmental Quality Review Act, constituting Article
8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA"),
has heretofore determined that the Project is a Type II action pursuant to SEQRA and no further
review is required.
(d) The proposed maturity of the bonds authorized by this resolution will not
exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of
validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in
anticipation of said bonds shall be general obligations of the Town, payable as to both principal
and interest by general tax upon all the taxable real property within the Town without limitation
of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
in such year.
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 thc issuance of bond anticipation notes and of Section 50.00 and Sections 56.00
to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond
Generated February 13, 2008 Page 38
Southold Town Board - Letter Board Meeting of February 12, 2008
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor,
the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and of any
notes issued in anticipation of the sale of said bonds 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 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 bond resolution shall take effect immediately, and the Town
Clerk is hereby authorized and directed to publish a summary of this bond resolution, together
with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The
Suffolk Times," a newspaper published in Southold, New York, having a general circulation in
the Town and hereby designated the official newspaper of said Town for such publication.
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 12, 2008, AUTHORIZING THE
RECONSTRUCTION, 1N PART, OF THE TOWN HALL, IN
SOUTHOLD; STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $95,000; APPROPRIATING SAID AMOUNT
THEREFOR AND AUTHORIZING THE ISSUANCE OF
$95,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Generated February 13, 2008 Page 39
i Southold Town Board - Letter Board Meeting of February 12, 2008
Object or purpose:
to reconstruct, in part, the Town Hall ("Project") at the estimated
maximum cost of $95,000, appropriating said amount therefor and
determining that, pursuant to SEQRA, the Project is a Type II
Action and no further review is required.
Amount of obligations
to be issued:
$95,000
Period ofprobable
usefulness:
five (5) years
A complete copy of the Bond Resolution summarized above shall be available for public
inspection during normal business hours at the Town Clerk's Office, 53095 Main Road,
Southold, New York.
Dated: February 12, 2008
Southold, New York
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Scott Russell
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated February 13, 2008 Page 40
(212) 820-9416
February 5, 2008
Town of Southold, New York
$95,000 Serial Bonds for Partial Reconstruction of Town Hall
Our File Designation: (2615/31524)
Kieran Corcoran
Assistant Town Attorney
Town of Southold
53095 Main Road
Southold, New York 11971-0959
Dear Kieran:
Pursuant to your request, I have prepared and enclose herewith the draft Extract of
Minutes of the regular Town Board meeting to be held on February 12th, showing adoption of
the bond resolution authorizing the above bonds and authorizing and directing the publication of
a summary of such bond resolution together with the statutory form of notice.
Please note that the bond resolution is to be adopted by at least a two-thirds
vote of the entire Town Board membership.
An extra copy of the summary of the bond resolution with the prescribed form of
the Town Clerk's statutory notice affixed in readiness for publication, in full, in the official
Town newspaper ("The Suffolk Times") designated in the bond resolution is also enclosed.
As you know, publication of the summary of the bond resolution with the
prescribed form of Town Clerk's notice, commences a 20-day statute of limitations pursuant to
the provisions of Section 80.00 et seq. of the Local Finance Law.
537509,1 031524 RES
Please obtain and forward to me a certified copy of the Extract of Minutes and an
original Affidavit of Publication with respect to the summary of the bond resolution.
Again thanking you and with kind regards,
I remain sincerely yours,
GF,Jr/gb
Enclosures
cc: John Cushman, Town Comptroller. (with enclosures)
Gerard Fernandez, Jr.
537509.1 031524 RES
EXTRACT OF MINUTES
Meeting of the Town Board of the Town of Southold,
in the County of Suffolk, New York
February 12, 2008
A regular meeting of the Town Board of the Town of Southold, in the County of
Suflblk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on
February 12, 2008, at o'clock __.m.
There were present: Hon. Scott A. Russell, Supervisor; and
Board Members:
There were absent:
adoption:
Also present:
Elizabeth A. Neville, Town Clerk
Patricia Finegan, Town Attorney
Kieran Corcoran, Assistant Town Attorney
John Cushman, Town Comptroller
offered the following resolution and moved its
537509.1 031524 RES
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 12, 2008, AUTHORIZING THE
RECONSTRUCTION, IN PART, OF THE TOWN HALL, IN
SOUTHOLD; STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $95,000; APPROPRIATING SAID AMOUNT
THEREFOR AND AUTHORIZING THE ISSUANCE OF
$95,000 BONDS OF SAID TOWN TO F1NANCE SAID
APPROPRIATION.
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Southold (herein called the "Town"), in the County
of Suffolk, New York, is hereby authorized to reconstruct, in part, the Town Hall, situated at
53095 Main Street, in the Town, including (i) reconstruction of the roof, (ii) installation of new
doors on the east and west sides of the building and (iii) the air conditioning system in the east
wing of the building, and the original furnishings, equipment, machinery or apparatus required
for such building as so reconstructed, as well as grading and improvement of the site (hereinafter
referred to as the "Project"). The estimated maximum cost of the Project, including preliminary
costs and costs incidental thereto and the financing thereof, is $95,000 and the said amount is
hereby appropriated therefor. The plan of financing includes the issuance of $95,000 serial
bonds of the Town to finance said appropriation and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said bonds and the interest thereon as
the same shall become due and payable.
537509.1 031524 RES
Section 2. Serial bonds of the Town in the principal amount of not to exceed
$95,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the
"Law"), to finance said appropriation.
Section3. The following additional matters are hereby determined and
declared:
(a) The period of probable usefulness applicable to the Project, being the
specific object or purpose for which said serial bonds are authorized to be issued, within the
limitations of Section 11.00 a. 12 (a)(2) of the Law, is fifteen (15) years; however, the bonds
authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of
the sale of said bonds, shall mature no later than five (5) years from the date of original issuance
of said bonds or notes.
(b) The proceeds of the bonds herein authorized and any bond anticipation
notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures
made after the effective date of this resolution for the purpose for which said bonds are
authorized. The foregoing statement of intent with respect to reimbursement is made in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant
to the provisions of the New York State Environmental Quality Review Act, constituting Article
8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA"),
has heretofore determined that the Project is a Type II action pursuant to SEQRA and no further
review is required.
537509.1 031524 RES
(d) The proposed maturity of the bonds authorized by this resolution will not
exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of
validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in
anticipation of said bonds shall be general obligations of the Town, payable as to both principal
and interest by general tax upon all the taxable real property within the Town without limitation
of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds and any notes issued in
anticipation of the sale of said bonds and provision shall be made annually in the budget of the
Town by appropriation for (a) the amortization and redemption of the bonds and any notes in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
in such year.
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 of Section 50.00 and Sections 56.00
to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor,
the chief fiscal officer of the Town.
537509,1 031524 Rl!S
Section 6. The validity of the bonds authorized by this resolution and of any
notes issued in anticipation of the sale of said bonds may be contested only if:
(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 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 bond resolution shall take effect immediately, and the Town
Clerk is hereby authorized and directed to publish a summary of this bond resolution, together
with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The
Suffolk Times," a newspaper published in Southold, New York, having a general circulation in
the Town and hereby designated the official newspaper of said Town for such publication.
537509.1031524RES
The adoption of the foregoing resolution was seconded by
and duly put to a vote on roll call, which resulted as follows:
AYES:
NOES:
The resolution was declared adopted.
5375093 031524 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 Board of said Town of Southold duly called and held
on February 12, 2008, has been compared by me with the original minutes as officially recorded
in my office in the Minute Book of said Town Board and is a true, complete and correct copy
thereof and of the whole of said original minutes so far as the same relate to the subject matters
referred to in said extract.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town of Southold this
day of February, 2008.
(SEAL)
Town Clerk
537509.1 031524 RES
(NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED
WITH RESOLUTION AFTER ADOPTION)
NOTICE
The resolution, a summary of which is published herewith, has been adopted on
the 12th day of February, 2008, and the validity of the obligations authorized by such resolution
may be hereafter contested only if such obligations were authorized for an object or purpose for
which the TOWN OF SOUTHOLD, in the County of Suffolk, New York, is not authorized to
expend money or if the provisions of law which should have been complied with as of the date of
publication of this Notice were not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the publication of this Notice, or
such obligations were authorized in violation of the provisions of the constitution.
ELIZABETH A. NEVILLE
Town Clerk
537509.1 031524 RES
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED FEBRUARY 12, 2008, AUTHORIZING THE
RECONSTRUCTION, IN PART, OF THE TOWN HALL, IN
SOUTHOLD; STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $95,000; APPROPRIATING SAID AMOUNT
THEREFOR AND AUTHORIZING THE ISSUANCE OF
$95,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION.
Object or purpose:
to reconstruct, in part, the Town Hall ("Project") at the estimated
maximum cost of $95,000, appropriating said amount therefor and
determining that, pursuant to SEQRA, the Project is a Type I1
Action and no further review is required.
Amount of obligations
to be issued:
$95,000
Period of probable
usefulness:
five (5) years
A complete copy of the Bond Resolution summarized above shall be available for public
inspection during normal business hours at the Town Clerk's Office, 53095 Main Road,
Southold, New York.
Dated: February 12, 2008
Southold, New York
537509,1 031524 RES