HomeMy WebLinkAboutPeconic Recreation Center 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
February 6, 2008
Town of Southold, New York
$272,000.00 Amending Serial Bonds for Peconic Recreation Center
Our File Designation: (2615/ )
Robert P. Smith
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr Smith:
Regarding the above referenced bond, enclosed find an original affidavit of publication. If there
is anything else you require for your files, please contact me at the Town Clerk's office.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Eric
#8687
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
said Newspaper once a week for 1
24th day of January1 2008,
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
__ week(s), successively, commencing on the
Sworn to before me this
Principal Clerk
day of ~008
NOTARY PUBLIC-STATE OF NEW YORK
No, 01 -V06105050
Qualified In Suffolk County
~'ommlsslon Expires February 28, 2008
LEGAL NOTICE
LEGAL NOTICE
The resolution, a summary of which
is published herewith,has been adopted
on the 15th day of January, 2008, and
the validity of ~he obligations autho-
rized by such resolution may be here-
after contested only if such obligations
were authorized for an object or pur-
pose for which the Town of Southold,
in the Couni7 of Suffolk, New York.
is nor 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 ac*
tion, 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 tbe con-
ELIZABETH A. NEVILLE
Town Clerk
Exhibit A
BOND RESOLUTION OF THE
TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 21,
2006 AND AMENDED JANUARY
15, 2008, AUTHORIZING THE CON-
STRUCTION OF IMPROVEMENTS
TO THE PECONIC RECREATION
CENTER; STATING THE ESTIMAT-
ED MAXIMUM COST THEREOF IS
$272,000; APPROPRIATING SAID
AMOUNT THEREFOR; AND AU-
THORIZING THE ISSUANCE OF
$272,000 BONDS OF SAID TOWN TO
FiNANCE SAID APPROPRIATION
The object or purpose for which the
bonds are authorized is the construction
of improvements to the Peconic Recre-
ation Center, at the estimated maximum
cost of $272,000.
The amount of obligations autho-
rized to be issued is $272,000.
The period of probable usefulness
applicable to the bonds is five (5) years.
A complete copy of the Bond Reso
lution summarized above shall be avail-
able for public inspection during nor-
mal business horns at the office of the
Town Clerk's Office, 53095 ~ain Road,
Southold, New York.
8687-1T 1/24
EI.17.ABETH A. NEV~ J.v.
TOWN CLERK
I/EGISTRAR 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 CI,ERK
TOWN OF SOUTHOLD
January 24, 2008
Town of Southold, New York
$272,000.00 Amending Serial Bonds for Peconic Recreation Center
Our File Designation: (2615/ )
Robert P. Smith
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr Smith:
Regarding the above referenced bond, enclosed find an original Extract of Minutes with
certification, a copy of the legal notice that will appear in the Suffolk Times on January 24, 2008
along with an affidavit of posting on the Town Clerk's bulletin board, and a certified resolution.
I will forward an affidavit of publication when it becomes available. If there is anything else you
require for your files, please contact me at the Town Clerk's office.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Unc
Cc: John Cushman, comptroller
EXTRACT OF MINUTES
Meeting of the Town Board of the Town of Southold,
in the County of Suffolk, New York
January 15, 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 January 15, 2008.
There were present:
and Board Members:
Hon. Scott A. Russell, Supervisor;
Councilman William P. Ruland
Councilman Vincent M. Orlando
Councilman Albert Krupski
Justice Louisa P. Evans
Jr
There were absent:
Also present:
Councilman Thomas H. Wickham
Elizabeth A. Neville, Town Clerk
Patricia Finnegan, Town Attomey
Councilman William P. Ruland offered the following resolution and
moved its adoption:
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JANUARY 15, 2008, AMENDING
THE BOND RESOLUTION ADOPTED NOVEMBER 21,
2006
Recitals
WHEREAS, the Town Board of the Town of Southold, in the County of
Suffolk, New York, has heretofore duly authorized the construction of improvements to
the Peconic Recreation Center, at the estimated maximum cost of $200,000, which
amount was appropriated therefor pursuant to the bond resolution adopted by said Town
Board on November 21, 2006; and
WHEREAS, the estimated maximum cost of said project, including
preliminary costs and costs incidental thereto and the financing thereof, has now been
determined to be $272,000, and it is necessary and in the public interest to increase the
appropriation for such project by $72,000 and to amend said bond resolution to authorize
the issuance of bonds in the principal amount of $272,000;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD, 1N THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of
not less than two-thirds of all members of said Town Board) AS FOLLOWS:
Section (A) The bond resolution of the Town of Southold duly adopted by
the Town Board on November 21,2006, entitled:
"Bond Resolution of the Town of Southold, New York,
adopted November 21, 2006, authorizing the construction
of improvements to the Peconic Recreation Center; stating
the estimated maximum cost thereof is $200,000;
appropriating said amount therefor; and authorizing the
issuance of $200,000 bonds of said Town to finance said
appropriation,"
is hereby amended to read as follows:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED NOVEMBER 21, 2006 AND
AMENDED JANUARY 15, 2008, AUTHORIZING THE
CONSTRUCTION OF IMPROVEMENTS TO THE
PECONIC RECREATION CENTER; STATiNG THE
ESTIMATED MAXIMUM COST THEREOF IS
$272,000; APPROPRIATING SAID AMOUNT
THEREFOR; AND AUTHORIZING THE ISSUANCE OF
$272,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE
COLrNTY 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, in the County of Suffolk, New
York (herein called the "Town"), is hereby authorized to construct improvements to the
Peconic Recreation Center. The estimated maximum cost of said object or purpose,
including preliminary costs and costs incidental thereto and the financing thereof, is
$272,000 and said amount is hereby appropriated therefor. The plan of financing
includes the issuance of $272,000 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 $272,000 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 object or
purpose for which said serial bonds are authorized to be issued, within the limitations of
Section 11.00 a. 12 of the Law, is in excess of five (5) 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 described
herein is a Type II action pursuant to SEQRA and no further action is required under
SEQRA.
(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 and Section 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 of any bond anticipation notes issued in anticipation of said bonds, and the renewals
of said bond anticipation notes, and as to the execution of agreements for credit
enhancements, 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, in substantially the form set forth in Exhibit A attached hereto and made a part
hereof, 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.
Exhibit A
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED NOVEMBER 21, 2006 AND
AMENDED JANUARY 15, 2008, AUTHORIZiNG THE
CONSTRUCTION OF IMPROVEMENTS TO THE
PECONIC RECREATION CENTER; STATiNG THE
ESTIMATED MAXIMUM COST THEREOF IS $272,000;
APPROPRIATiNG SAID AMOUNT THEREFOR; AND
AUTHORIZiNG THE ISSUANCE OF $272,000 BONDS OF
SAID TOWN TO FINANCE SAID APPROPRIATION
The object or purpose for which the bonds are authorized is the construction of
improvements to the Peconic Recreation Center, at the estimated maximum cost of
$272,000.
The amount of obligations authorized to be issued is $272,000.
The period of probable usefulness applicable to the bonds is five (5) 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's Office, 53095
Main Road, Southold, New York.
Section (B) The amendment of the bond resolution set forth in Section
(A) of this resolution, shall in no way affect the validity of the liabilities incurred,
obligations issued, or action taken pursuant to said bond resolution, and all such liabilities
incurred, obligations issued, or action taken shall be deemed to have been incurred,
issued or taken pursuant to said bond resolution, as so amended.
The adoption of the foregoing resolution was seconded by Justice Louisa
P. Evans and duly put to a vote on roll call, which resulted as follows:
AYES: Supervisor Scott A. Russell
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 January 15, 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
15th day of January, 2008.
(SEAL)
LEGAL NOTICE
The resolution, a summary of which is published herewith, has been
adopted on the 15th day of January, 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 $outhold, 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
Exhibit A
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED NOVEMBER 21, 2006 AND
AMENDED JANUARY 15, 2008, AUTHORIZING THE
CONSTRUCTION OF IMPROVEMENTS TO THE
PECONIC RECREATION CENTER; STATING THE
ESTIMATED MAXIMUM COST THEREOF IS $272,000;
APPROPRIATING SAID AMOUNT THEREFOR; AND
AUTHORIZING THE ISSUANCE OF $272,000 BONDS OF
SAID TOWN TO FINANCE SAID APPROPRIATION
The object or purpose for which the bonds are authorized is the construction of
improvements to the Peconic Recreation Center, at the estimated maximum cost of
$272,000.
The amount of obligations authorized to be issued is $272,000.
The period of probable usefulness applicable to the bonds is five (5) years.
A complete copy of the Bond Resolution summarized above shall be available Ibr public
inspection during normal business hours at the office of the Town Clerk's Office, 53095
Main Road, Southold, New York.
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of~the Town of Southold, New York being
that on the rq q'rq day of..~M/,,~, 2008, she affixed a
duly
sworn,
says
notice of which the annexed printed notice is ~f true copy, il4 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 Amendment for Recreation Center Improvements
~]~lizabeth A. Neville - -
Southold Town Clerk
Sworn before me this
~_ day of~ 2008.
'~ {INotary Public
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 01 BO6020932
Qualified in Suffolk County
Term Expires March 8, 20 J[
Southold Town Board - Letter
Board Meeting of January 15, 2008
RESOLUTION 2008-114
ADOPTED
Item #
DOC ID: 3532
THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 2008-114 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 15, 2008:
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED JANUARY 15, 2008, AMENDING THE BOND
RESOLUTION ADOPTED NOVEMBER 21, 2006
Recitals
WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk,
New York, has heretofore duly authorized the construction of improvements to the Peconic
Recreation Center, at the estimated maximum cost of $200,000, which amount was appropriated
therefor pursuant to the bond resolution adopted by said Town Board on November 21, 2006;
and
WHEREAS, the estimated maximum cost of said project, including preliminary
costs and costs incidental thereto and the financing thereof, has now been determined to be
$272,000, and it is necessary and in the public interest to increase the appropriation for such
project by $72,000 and to amend said bond resolution to authorize the issuance of bonds in the
principal amount of $272,000;
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 members of said Town Board) AS FOLLOWS:
Section (A) The bond resolution of the Toxvn of Southold duly adopted by the
Town Board on November 21, 2006, entitled:
"Bond Resolution of the Town of Southold, New York, adopted
November 21, 2006, authorizing the construction of improvements
Generated January 17, 2008 Page 44
Southold Town Board - Letter Board Meeting of January 15, 2008
to the Peconic Recreation Center; stating the estimated maximum
cost thereof is $200,000; appropriating said amount therefor; and
authorizing the issuance of $200,000 bonds of said Town to
finance said appropriation,"
is hereby amended to read as follows:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 21, 2006 AND AMENDED
JANUARY 15, 2008, AUTHORIZING THE CONSTRUCTION
OF IMPROVEMENTS TO THE PECONIC RECREATION
CENTER; STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $272,000; APPROPRIATING SAID AMOUNT
THEREFOR; AND AUTHORIZING THE ISSUANCE OF
$272,000 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, in the County of Suffolk, New York
(herein called the "Town"), is hereby authorized to construct improvements to the Peconic
Recreation Center. The estimated maximum cost of said object or purpose, including
preliminary costs and costs incidental thereto and the financing thereof, is $272,000 and said
amount is hereby appropriated therefor. The plan of financing includes the issuance of $272,000
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
$272,000 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.
Generated January 17, 2008 Page 45
Southold Town Board - Letter Board Meeting of January 15, 2008
Section 3. The following additional matters are hereby determined and
declared:
(a) The period of probable usefulness applicable to the object or purpose for
which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12
of the Law, is in excess of five (5) 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 described herein is a Type II action pursuant to
SEQRA and no further action is required under SEQRA.
(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
Generated January 17, 2008 Page 46
Southold Town Board - Letter Board Meeting of January 15, 2008
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 and Section 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 of any bond anticipation notes issued in
anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the
execution of agreements for credit enhancements, 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, in
substantially the form set forth in Exhibit A attached hereto and made a part hereof, 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.
Section (B) The amendment of the bond resolution set forth in Section (A) of this
Generated January 17, 2008 Page 47
Southold Town Board - Letter Board Meeting of January 15, 2008
resolution, shall in no way affect the validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued,
or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond
resolution, as so amended.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Louisa P, Evans, Justice
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
ABSENT: Thomas H. Wickham
Generated January 17, 2008 Page 48
DELAFIELD &WOOD LLP
(212) 820-9662
January 15,2008
Town of Southold, New York
$272,000 Amending Serial Bonds for Peconic Recreation Center
Our File Designation: (2615/30200)
Patricia Finnegan, Esq.
Town Attorney
Town of Southold
53095 Main Road
Southold, New York 11971
Dear Pat:
Pursuant to your request, I have prepared and enclose herewith the draft Extract of
Minutes of the regular Town Board meeting to be held this evening, showing adoption of the
amending 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.
Please note that incorporated in the bond resolution is the reference to the
determination by the Town Board that the object or purpose is a Type II Action pursuant to the
New York State Environmental Quality Review Act ("SEQRA").
536441.1 030200 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.
With best regards, I am
Very truly yours,
Robert P. Smith
RPS/ml
Enclosures
53644 I. 1 030200 RES
EXTRACT OF MINUTES
Meeting of the Town Board of the Town of Southold,
in the County of Suffolk, New York
January 15, 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
January 15, 2008.
There were present: Hon. Scott A. Russell, Supervisor; and
Board Members:
There were absent:
adoption:
Also present:
Elizabeth A. Neville, Town Clerk
Patricia Finnegan, Town Attorney
John Cushman, Town Comptroller
offered the following resolution and moved its
53644 I. I 030200 RES
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED JANUARY 15, 2008, AMENDING THE BOND
RESOLUTION ADOPTED NOVEMBER 21, 2006
Recitals
WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk,
New York, has heretofore duly authorized the construction of improvements to the Peconic
Recreation Center, at the estimated maximum cost of $200,000, which amount was appropriated
therefor pursuant to the bond resolution adopted by said Town Board on November 21, 2006;
and
WHEREAS, the estimated maximum cost of said project, including preliminary
costs and costs incidental thereto and the financing thereof, has now been determined to be
$272,000, and it is necessary and in the public interest to increase the appropriation for such
project by $72,000 and to amend said bond resolution to authorize the issuance of bonds in the
principal amount of $272,000;
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 members of said Town Board) AS FOLLOWS:
Section (A) The bond resolution of the Town of Southold duly adopted by the
Town Board on November 21, 2006, entitled:
"Bond Resolution of the Town of Southold, New York, adopted
November 21, 2006, authorizing the construction of improvements
to the Peconic Recreation Center; stating the estimated maximum
cost thereof is $200,000; appropriating said amount therefor; and
53644 I. 1 030200 RES
authorizing the issuance of $200,000 bonds of said Town to
finance said appropriation,"
is hereby amended to read as follows:
536441,1 030200 RES
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 21, 2006 AND AMENDED
JANUARY 15, 2008, AUTHORIZING THE CONSTRUCTION
OF IMPROVEMENTS TO THE PECONIC RECREATION
CENTER; STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $272,000; APPROPRIATING SAID AMOUNT
THEREFOR; AND AUTHORIZING THE ISSUANCE OF
$272,000 BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, 1N 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, in the County of Suffolk, New York
(herein called the "Town"), is hereby authorized to construct improvements to the Peconic
Recreation Center. The estimated maximum cost of said object or purpose, including
preliminary costs and costs incidental thereto and the financing thereof, is $272,000 and said
amount is hereby appropriated therefor. The plan of financing includes the issuance of $272,000
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
$272,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance
53644 I. 1 030200 RES
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 object or purpose for
which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 12
of the Law, is in excess of five (5) 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 described herein is a Type II action pursuant to
SEQRA and no further action is required under SEQRA.
(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
536441.1 030200 RES
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 and Section 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 of any bond anticipation notes issued in
anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the
execution of agreements for credit enhancements, 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,
536441,1 030200 RES
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, in
substantially the form set forth in Exhibit A attached hereto and made a part hereof, 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.
Section (B) The amendment of the bond resolution set forth in Section (A) of this
resolution, shall in no way affect the validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued,
or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond
resolution, as so amended.
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.
536441.1 030200 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 January 15, 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town of Southold this __
day of January, 2008.
(SEAL)
Town Clerk
536441.1 030200 RES
Exhibit A
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 21, 2006 AND AMENDED
JANUARY 15, 2008, AUTHORIZING THE CONSTRUCTION OF
IMPROVEMENTS TO THE PECONIC RECREATION CENTER;
STATING THE ESTIMATED MAXIMUM COST THEREOF IS
$272,000; APPROPRIATING SAID AMOUNT THEREFOR; AND
AUTHORIZING THE ISSUANCE OF $272,000 BONDS OF SAID
TOWN TO FINANCE SAID APPROPRIATION
The object or purpose for which the bonds are authorized is the construction of improvements to
the Peconic Recreation Center, at the estimated maximum cost of $272,000.
The amount of obligations authorized to be issued is $272,000.
The period of probable usefulness applicable to the bonds is five (5) 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's Office, 53095 Main
Road, Southold, New York.
536441.1 030200 RES
(NOTICE TO BE ATTACHED TO AND TO BE PUBLISHED
WITH SUMMARY OF RESOLUTION AFTER ADOPTION)
NOTICE
The resolution, a summary of which is published herewith, has been adopted on
the 15th day of January, 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
536441.1 030200 RES