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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