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HomeMy WebLinkAboutPeconic SchoolDELAFIELD &WOOD LLP PHONE (212) 820-9300 FAX (212) 514-8425 ONE CHASE MANHATTAN pL~A NEW YORK~ NY 10005 VV~V. HAWKIN S.CO M Writer's direct contact: Phone: 212-820-9416 Fax: 212-820-9651 E-mail: gfemandez~hawkins, corn RECEIVED APR 1 8 2008 Southolcl Town Clerk .April I6, 2008 Town of Southold, New York $1,350,000 Serial Bonds for Peconic School Acquisition (Our File Designation: 2615/31289) Ms. Lynda M. Bohn Deputy Town Clerk P.O. Box 1179 Southold, New York 11971 Dear Ms. Bohn: Your letter dated April 9th has been forwarded to me by Bill Jackson, Esq. of our office. I have reviewed the Affidavit of Publication enclosed with your letter and, finding it to be order, have included it in our records. Thanking you and with kind regards, I remain Gerard Fernandez, Jr GFjr/jc 541411.1 031289 LTR #8776 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 each week for 1 week(s), successively, commencing on the 3r._~d day of April, 2008. -- Principal Clerk Sworn to before me this 2O08 PUBLIC NOTICE 'riSe resolution, a summary of which is published herewdh, has been adopted on F*bruarv 26 2008. and an abstract thereof has been published and posted been submitted and filed. The validity for an object or purpose for which the TO1MIq OF SOUTHOLD. in the County of. is $1.350.000 and the said amount ~s ' Board of the Town. acting in the ?l? of ~ Law, and 6 N.Y,C.R.R.. Regulations Part 617 ("SEQRA") has heretofore deter- I mined that: (i) the Land Acquisi!ion de- adopted and filed and (ii) the Building is required. $1.3503100 (30} years for the Land Acquisition and able for public inspection during normal business I~ours at the office of the Town Clerk. at the Town flail. 53095 Main CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 -V06105050 Qualified In Suffolk County My Commllllon Expirei F®bruaw 25, 2012 CERTIFICATE OF CLERK I, LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY as follows: That a resolution of the Town Board of the Town of Southold, in the County of Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York ("Town"), adopted February 26, 2008, authorizing the Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 aces more or less, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suflblk County Land and Tax Map as 1000- 075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000; stating the estimated total cost thereof is $1,350,000; appropriating said amount therefor and authorizing the issuance of $1,350,000 serial bonds of said Town to finance said appropriation," was adopted February 26, 2008, and that the notice setting forth the date of adoption of the resolution and containing an abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted and published as required by law. That no petition signed and acknowledged by the electors of the Town protesting against said resolution and requesting that said resolution be submitted to the electors of the Town for their approval or disapproval has been filed with the Town Clerk within thirty days after the date of the adoption thereof, or at any other time since said adoption. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this 2"a day of May, 2008. (SEAL) Deputy T, bwn Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2008 Town of Southold, New York $1,350,000 for Peconic School (Our File Designation: 2615/ Mr. William Jackson Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Jackson: Enclosed find the affidavit of publication for the second publication of the above referenced bond, a copy of the Public Notice that was posted on the Town Clerk's bulletin Board, and the affidavit of posting. If you require anything else for your files, please feel free to contact me. Best Regards, Lynda M. Bohn Deputy Town Clerk Enc. #8776 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 each week for 1__ week(s), successively, commencing on the 3rd day of April, 2008. Principal Clerk Sworn to before me this 4 dayof ~'},~ 2008 '-" I PIjBLIC NOTICE ~ae resolution, a summary of which is published herewith, has been adopted on February 26, 2008. and an abstract thereof has been published and posted as required by law and the period of time has elapsed lot the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of pub- lication of the notice, or such obligations were authorized in violation of the pro- visions of the constitution. ELIZABETH A, NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008. AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT. FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES. THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOW2q AS THE "PECONIC SCHOOL PROPERTY." LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUF- FOLK COUNTY LAND AND TAX MAP AS 10004)75.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IM- PROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PE- CONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTI- MATED TOTAL COST THEREOF IS $L350,000; APPROPRIATING SAID AMOUNT THEREFOR AND AU THORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPRO- PRIATION, Object or purpose: hereby authorized to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, con- taining 4.3 acres more or less, in the Town, known as the "Peconic School Property." located at 1170 Peconic Lane, and desig- nated on the Suffolk County Land and Tax Map as 10004)75.00-01.00-013.000, including the Peconic School Building and all other buildings and improve ments thereon, at the estimated maxi- mum cost of $1,100,000 (the "Land Ac quisition"), and (b) construct improve ments to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Build- ing Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs in- cidental thereto and the financing there- of, is $1,350,000 and the said amount is hereby appropriated therefor. 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 deter- mined that: (i) the Land Acquisition de- scribed herein is an Unlisted Action pur- suant to SEQRA, will not result in any significant adverse environmental im- pact and a negative declaration has been adopted and filed and (ii) the Building hnprovements are a Type Il Action pu~ · suant to SEQRA and that further review is required. Amount of obligations to be issued: $1.350,000 Period of probable usefulness: thirty (30) years for the Land Acquisition and twenty-five (25) years for the Building hnprovements A complete copy of the bond resolu- tion summarized above shall be avail- able for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: February 26, 2008 HRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Suffolk County My Commission Expfies February 28, 2012 PUBLIC NOTICE The resolution, a summary of which is published herewith, has been adopted on February 26, 2008, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. 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 date of publication of the 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 ("TOWN"), ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTIMATED TOTAL COST THEREOF 1S $1,350,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: hereby authorized to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suflblk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Amount of obligations to be issued: Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000 and the said amount is hereby appropriated therefor. 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: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type II Action pursuant to SEQRA and that further review is required. $1,350,000 Period of probable usefulness: twenty-five thirty (30) years for the Land Acquisition and (25) years for the Building Improvements 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, at the Town Hall, 53095 Main Street, Southold, New York. Dated: February 26, 2008 Southold, New York PLEASE PUBLISH ON APRIL 3, 2008, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Suftblk Times Town Attorney Bond Council Town Board Members Accounting Town Clerk's Bulletin Board STATE OF NEW YORK ) :SS: COUNTY OF SUFFOL~ ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, State of New York; That on MARCH 31, 2008, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on February 26, 2008, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. (~) To'~,n Clerk Subscribed and sworn to before me this 31st day of MARCH, 2008. N~3t~try Public, State of New York LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20..[.L. Error! Unknown document property name. 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 th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 11, 2008 Town of Southold, New York $1,350,000 for Peconic School (Our File Designation: 2615/ Mr William Jackson Hawkins, Delafield & Wood One Chase Manhattan Plaza Ne~v York, NY 10005 Dear Mr. Jackson: Enclosed find a certified copy of the resolution that was passed at the February 26, 2008 regular Town Board meeting, an original extract of minutes, a certified copy of the Legal notice that was published in the March 6, 2008 edition of the Suffolk Times, and an affidavit of publication. Please advise if there is anything else you need for your records at this time. Very truly yours, Lynda M Bohn Enc Deputy Town Clerk Cc: Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Town of Southotd Town Board Kieran Corcoran, Assistant Town Attornsfi From: Mark Terry, Principal Planner \~ LWRP Coordinator" Date: February28, 200~ Re: Funding the acquisition of the Peconic School, Southold, New York The proposed local law has been reviewed to Chapter 268, Watert?ont Consistency Review of the Town of Southold Town Code m~d the Local Waterfi'ont Revitalization Program (LWRP) Policy Standards. Based upon the intbrmation provided on thc LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~3pIicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME Town of Southold /Bond Resolution for Peconic School 3. PROJECT LOCATION: Municipality Southold County SuffBlk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) Pcconic School, Southold, New York 5 PROPOSED ACTION IS: [] New [] Expansioa [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Funding of the Peconic School by Bond Resolutioo. 7. AMOUNT OF LAND AFFECTED: Initially 4.2 acres Ultimately 4.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTR CTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, fist agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MOD,FICATION? r--lYes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Russell, Supervisor Date: 2-26-08 Signature: Assessment Form before proceeding with t~is 1 OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A ~)OES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617 4? If yes, coordinate the review process and use the FULL EAF E~Yes ~]No ' ' ' B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN § NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency [~Yes [~]No C. COULD ACTION RESULT IN ANY ADVERSE b:I-;-bCTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or d sposal, potential for erosion drainage or flood ng problems? Explain briefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None ' C3. Vegetation or fauna, fish shellfish or wi dfe species significant habitats, or threatened or endangered species? Explain briefly: None ' C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natura resources? Exp a n briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative or other effects not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS? F"~ Yes [] No If Yes, explain briefly: - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its la) setting (i.e, urban or rural); lb) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference suppoding materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, thatthe proposed action WILt NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southokt 2-26-08 Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Supma/isor Signature of P~l:)arer fir different from4~nn~j >~gna[u re~,~,,,"epa rer (If different 7espo,~g~Cble office r) /- State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQRI Project Number Date: 2/26/08 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared. Name of Action: Acquisition of the Peconic School via Bond Resolution. SEQR Status: Type I [] Unlisted [] Conditioned Negative Declaration: Description of Action: Acquisition of the Peconic School. [] Yes [] No Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Peconic Lane, Southold, New York SEQR Negative Declaration Page 2 of 2 Reasons Supporting This Determination: (See 617.7(a)-(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The proposed action will not result in any significant adverse impacts. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information: Contact Person: Mark Terry Address: P.O. Box 1179, 53095 Main Road, Southold, New York 11971 Telephone Number: 631-765-1938 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer, Town / City / Village of Other involved agencies (If any) Applicant (If any) Environmental Notice Bulletin, 625 Broadway Albany NY 12233-1750 (Type One Actions only) * * * COMMLJNII?ATION RESULT REPORT ( FEP. 26. 2008 2:54PM ) * * * FAX HEADER: TRANSMITTED/STORED : FEB. 26, 2008 2:50PM FILE MODE OPTION ADDRESS RESULT PA(~E 912 MEMORY TX 97556145 OK 5/5 To: Tom of Southold Town Board Funding the acquisition of the Peco~ic School. Southold, Ne',,,,, York CONSISTENT with the LXVRP. PATRICIA A, FINNEC~AN TOWN ATTORNEY patricia.finnegan ~_0town .southold.ny.us ](CIEILa~NI M. CORCORAN ASSISTANT TOWN ATTORNEY kieran~corcoran@town.southold.ny,us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(~town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York L1971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 22, 2008 VIA FACSIMILE and FIRST CLASS MAll Miller Environmental Group, Inc. 538 Edwards Avenue Calverton, NY 11933 Attention: Ms. Deb Engelhardt, Geologist RE: Peconic School Soil Test/Underground Oil Tank Dear Ms. Engelhardt: I am enclosing a copy of the Authorization to Proceed in connection with the referenced matter, which has been signed by Supervisor Russell. Please coordinate the completion of the work with James Richter, the Town's Engineering Inspector. You may reach Mr. Richter at 765-1560. Thank you for your attention. (ierCnZM. Corcoran ~'sqstant Town Attorney KMC/Ik Enclosure cc: Members of the Town Board (w/encl.) Ms. Elizabeth A. Neville, Town Clerk (w/encl.) Cost proposal: Peconic Lane School, Southold, NY 11971 Authorization to Proceed This agreement is between the Company/Individual signing below and MEG. If the Company/Individual seeks compensation from its insurance Company or Protection and Indemnity Club, MEG does not release the Company/individual from its obligations under this agreement. Insurance Companies, Protection and Indemnity Clubs, and their third party management representatives may arbitrarily select certain services that they will not reimburse. As such, MEG holds the Company/Individual fully responsible for the entire itemized bill. Regardless of whether the Company/Individual will seek reimbursement through any insurance or Protection and Indemnity coverage, it is the responsibility of the Company/Individual to compensate MEG for the services rendered within the Terms and Conditions addresses herein. d-.ur~temta~~ance cha'rge o/-I-~/'~o ~er month,--whlch~ercer]tage _rate-of--1-8.%,--wiLbbe cha~ed o,~tt--pec~--due-aeeeuf~-t-w~i~t--b~ i-esponsiblu fo~-atf ~,;olleetie~,6~ts-on p~st ~e ~.inc~"--of att~'S--~s df~: The Company/individual agree to pay all monies due and owing within thirty (30) calendar days from invoice date. It is hereby understood that projects requiring MEG to dig underground or drill holes on private property where "private property utility markouts" have not previously been provided, the individual and/or company identified herein hereby expressly releases MEG from all claims, damages, or liability arising from our operations. Job Location: Peconic Lane School, Southold, New York 11971 Job Description: Subsurface Investigation Individual Name:. Date:_ /-¢ ~-- ~ Page 3 of 3 MILLER ENVIRONMENTAL GROUP, . JanuaW 7,2008 Mr. James A, Richter Office of the Engineer, Town of Southold PO Box 1179 Town Hall, 53095 Main Road Southold, New York 11971 VIA EMAIL: Jamie.richter@town.southold.ny.us Ph: 631-765-1560 Fax: 631-765-9015 RE: Peconic Lane School Southeld, New York 11971 Dear Mr. Richter: Miller Environmental Group, Inc. (MEG) is pleased to provide you with the following cost estimate for a subsurface investigation at the above-referenced location, hereafter referred to as "the Site". Tile primary focus of this investigation wilt be to determine whether or not soil and/or groundwater contamination are present as the result of the presence of an underground storage tank lUST). This cost estimate is based on limited information provided to date by others and is based on one eight-hour on-site work day. A representative from MEG will contact you on the first day of investigative work to provide you with a summary of preliminary findings. Any detections identified through laboratory analysis shall be compared to federal, state, and if applicable, local regulatory action levels. Cost Proposal: Geoprobe with operator, helper & PID meter. $1,785.00/day Repoding $170,00 Cost proposal: Peconic Lane School, Southold, NY 11971 Please note, laboratory costs are not included in the above projected cost for one day of field services. Exact laboratory costs cannot be determined as these costs will be based on the number of samples submitted for analysis. The number of samples submitted for laboratory analysis will be determined based on field screening results. However, per sample costs are as follows: Lab Costs: EPA 8021 + MTBE (8260) - Standard turn around time $42.00/sample EPA 8270 Stars - Standard turn around time. $90.00/sample EPA 502.2 + MTBE. $56.40/sample Please note that cost estimates do not include appficable sales tax or an eight pement (8%) fuel and insurance surcharge. All subsurface utility clearances will be performed by others, prior to beginning scope. The above assumes ease of access and egress by ali equipment, personnel, and materials necessary to complete the work scope described herein. I would like to thank you for the opportunity to provide you with this estimate, if you have any questions or need any additional information, please do not hesitate to contact me at (631) 369-4900 x209. If you wish to proceed, please sign and fax the attached authorization to proceed form to (631) 369-4909. Sincerely, Deb Engelhardt Geologist Miller Environmental Group, Inc. 538 Edwards Avenue Calverton, New York 11933 Tel: 631-369-4900 ext. 209 Fax: 631-369-4909 Page 2 of 3 RESOLUTION 20(18-108 ADOPTED DOC ID: 3526 THIS IS TO CERTIFY THAT TIlE FOLI,OWING RESOIJUTION NO. 2008-108 WAS ADOPTED AT THE REGUI ~AR MEETING OF TIlE SOUTHOI,D TOWN BOARD ON ,IANUARY 15, 2008: RESOLVEI) that the Town Board of the Town o1' Southold hereby authurizes and directs Supervisor Scott A. Russell to retain thc services of Miller Environmental Group~ lnc,~ prnvider of the low competitive quote for the taking and analysis of suil samples i~t connection with the proposed acquisition of the Peconic School. Elizabeth A. Neville Southold Town Cleric RESUI/F: ADOPTED [4 TO 01 MOVER: Albert Krupski Jr., Conncilman SECONDER: William Ruland, Councilman AYES: William Ruland, Albert Krnpski Jr., Louisa P. Evans, Scott Rnssell ABSTAIN: Vincent Orlando ABSENT: Tholnas It. Wickham #8737 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 Southoid, 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 6th day of March, 2008. Principal Clerk Sworn to before me this 3 dayof ~'~?!~2008 LEGAL NOTICE TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on k~bruary 26, 2008. the Town Board ol the Town of Southotd, in the County of Suffolk, New York, adopted a bond reso- lution entitled: '~Bond Resolution of the Town of Southold, New York ("Town"), adopted February 26. 2008, authorizing the Town to (a) acquire from the Southold Uniou Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 acres more or less, known as the "Peconic School Property," located at 1170 Peconic Lane, and desig- nated on the Suffolk County Land and Tax Map as 1(K)0-075.00 Ol.O0~O13.0(K), including the Peconic School Building and all other buildings and improve- ments thereon, at the estimated maxi~ mum cost of $1 A00,000. and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of stating the estimated total cost thereof is $1.350.000; appropriating said amount therefor and authorizing the issuance of $1,350,001) serial bonds of said Town to finance said appropriation.." an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, con- taining 4.3 acres more or less, in the Town, known as the "Pcconic School Property," located at 1170 Peconic Lane, and desig- nated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-0130(10. including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost o[ $1.100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,0{XI (the "Building Improve ments"): STATING the estimated total cost thereof, including preliminary costs, and costs incidental thereto and the fi nancing thereof, is $I,350,00fi, APPRO- PRIATING said atnount therefor: and STATING the plan of financing includes thc issuance of not to exceed $1,350.000 serial bonds of the Towm and the levy and collection of taxes on all the tax- able real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; SECOND: AUTHORIZING the is suance of $1.350,(X)0 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (thc "Law") to finance said appropriation: THIRD:DETERMINING the period of probable usefulness applicable to the Land Acquisition, for which said serial bonds are authorized, is thirty (30) years: however the maturity of said bonds shall not exceed twenty-five (25) years and the period of probable usefulness appli- cable to the Building Improvements, for which said serial bonds are authorize& is twenty-five (25) years; STATING that thc proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are au thorized; STATING that the Town Board of the Town. acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Qual- ity 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: ti) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA. will not result in any signifi- cant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building improve- ments are a Type Il Action pursuant to SEQRA and that further review is required; and the proposed maturity of said $1,350~000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipalion of said bonds and the renewals of said bond anticipa- tion notes shall be general obligations of the Town; and PLEDGING to their pay- ment the faith and credit of the Town; CHRISIINA VOLINSKI NOIAR¥ pUBLtC-S~A~E O~ ~W YORK No. o1.VO6105050 Out,ffled tn SuflOt~ County 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 6th day of March, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE TOWN OF SOUTHOLD, NEW YORK PI.EASE TAKE NOTICE that on Eebluary 26, 2008. the Town Board of the Town of Southotd. in the County of Suffolk, New York. adopted a bond reso- lution entitled: '~Bond Resolution of the Town of Southold. New York Cq'own"). adopled February 26, 2008~ authorizing the Town to Ia) acquire from the Southold Union Free School DistricL for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town. containing 4.3 acres more or less. known as the '~Peconic School Property." located at 1170 Peconic Lane. and desig- nated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000. including the Peconic School Building and all other buildings and improve- ments thereon, at the estimated maxi- mum cost of $1.100.000, and lb) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250.000; stating the estimated total cost thereof is $1,350.000; appropriating said amount therefor and authorizing the issuance of $1.350.000 serial bonds of said Town to finance said appropriation.." an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to Ia) acquire from the Southold Union Free School District. for use as a Town Recreation Center and for other Town Purposes. the certain parcel of land, con- taining 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at I170 Peconic Lane, and desig hated on the Suffolk County Land and Tax Map as 1000-l)75.00 01.IX}-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,I00,000 (the "Land Acquisition"), and lb) construct improvements to such Peconic School Building and ail other buildings, at the estimated maximum cost of $250,(YJ0 (the "Building hnprove ments'): STATING the estimated total cost thereof, including preliminary costs. and costs incidental thereto and'the fi nancing thcreo£ is $1,350,000, APPRO PRIAIlNG said amount therefor: and STATING the plan of financing includes the issuance of not to exceed $1,350,0fi0 serial bonds of the Town, and the levy and collection of taxes on all the ta~- ab!e leal property in thc Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable: SECOND: AUTHORIZING the is- suance of $1.350,000 serial bonds of the Town pursuant to the Local Finance [,aw of lhe State of New York (the "I,aw") to finance said appropriation: THIRD: DETERMINING the period of probable usefulness applicable to the Land Acquisition, for which said serial bonds are authorized, is thirty (30) years: however the maturity of said bonds shall not exceed twenty five (25) years and the period of probable usefulness appli- cable to the Building Improvements. for which said serial bonds are authorized, is twenty five (25) years; STATING that the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are au- thorized:STATING that theTown Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Qual ity Review Act, constituting Article 8 of thc Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA~') has heretofore determined that: Ii) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any signifi- cant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building hnprove- ments are a Type Il Action pursuani to SEQRA and that further review is required; and the proposed maturity of said $1.350,01)0 serial bonds will exceed five (5) years; EOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipa lion notes shall be general obligations of the Town: and PLEDGING to their pay- ment the faith and credit of the Town; FIFFH: DELEGATING to the Su- pervisor the powers and duties as to the issuance of said bonds and any bond an- ticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permis- sive referendum. DATED: February 26. 2008 Elizabeth A. Neville Town Clerk 8737-1T 3/6 CHRISTINA VOLINSKI NOTARY pUBLIC-STATE OF N~'W YORK No. o1.V06105050 Qualltlecl lB SuffOlk County LEGAL NOTICE TOWN OF SOUTHOLD~ NEW YORK PLEASE TAKE NOTICE that on February 26, 2008, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York ("Town"), adopted February 26, 2008, authorizing the Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 aces more or less, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000- 075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000; stating the estimated total cost thereof is $1,350,000; appropriating said amount therefor and authorizing the issuance of $1,350,000 serial bonds of said Town to finance said appropriation.," an abstract of which bond resolution concisely stating the purpose and effect thereol; being as follows: FIRST: AUTHORIZiNG said Town to (a) acquire /'rom the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain pamel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suflblk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"); STATING the estimated total cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $1,350,000, APPROPRIATING said amount therelbr; and STATING the plan of financing includes the issuance of not to exceed $1,350,000 serial bonds of the Town, 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; SECOND: AUTHORIZiNG the issuance of $1,350,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING the period of probable usefulness applicable to the Land Acquisition, for which said serial bonds are authorized, is thirty (30) years; however the maturity of said bonds shall not exceed twenty-five (25) years and the period of probable usefulness applicable to the Building Improvements, Ibr which said serial bonds are authorized, is twenty-five (25) years; STATING that the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; STATING that 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 hereto~bre determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type 11 Action pursuant to SEQRA and that further review is required; and the proposed maturity of said $1,350,000 serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGiNG to their payment the faith and credit of the Town; FIFTH: DELEGATiNG to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 26, 2008 Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON March 6, 2008, AND FORWARD THREE (3) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971 Copies to the following: Suffolk Times Town Attorney Bond Council Town Board Members Accounting Town Clerk's Bulletin Board STATE OF NEW YORK ) :SS: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly sworn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, State of New York; That on February 27, 2008, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on February 26, 2008, a copy of which is annexed hereto and made a part hereof, on the sign board of the Town maintained pursuant to the Town Law. - (-]Fow-n-Clerk Subscribed and sworn to before me this 27th day of February, 2008. Notary Public, State of New York LYNDA Mm BOHN NOTARY PUBLIC, State of New York No, 01806020932 Ciualified in Suffolk Coun~ Term Expires March 8, 20 ~ 533598.2 031289 RES EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York February 26, 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 26, 2008. There were present: Hon. Scott A. Russell, Supervisor; and Councilman William P. Ruland Councilman Vincent M. Orlando Councilman Albert Krupski Jr Justice Louisa P. Evans Councilman Thomas H. Wickham Also present: Elizabeth A. Neville, Town Clerk Kieran Comoran, Assistant Town Attorney Louisa P. Evans offered the following resolution and moved its Justice adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE TOWN TO: (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE 533598.2 031289 RES ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,350,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL 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 I. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to: (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $1,350,000 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 $1,350,000 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. 533598.2 031289 RES Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the Land Acquisition, for which $1,100,000 serial bonds herein authorized are to be issued, within the limitations of Section 11.00 a. 21. (a) of the Law, is thirty (30) years,; however the maturity of said bonds shall not exceed twenty-five (25) years. The building or buildings to be improved are of Class "A" construction as defined by Section 11.00 a. 11.(a)(1) of the Law and the period of probable usefulness applicable to the Building Improvements, for which $250,000 of said serial bonds are authorized to be issued, pursuant to Section 11.00 a. 12.(a)(1) of the Law, is twenty-five (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town fbr 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 ("SEQIL~") has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements described herein are a Type II Action pursuant to SEQRA and that further review is required. (d) The proposed maturity of the bonds authorized by this resolution will 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 thc punctual payment of the principal of and interest on said bonds, and any notes issued in 533598.2 031289 RES 77 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 bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 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, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days alter the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in "The Suffolk Times," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: 533598.2 031289 RES TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on February 26, 2008, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York ("Town"), adopted February 26, 2008, authorizing the Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 aces more or less, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000; stating the estimated total cost thereof is $1,350,000; appropriating said amount therefor and authorizing the issuance of $1,350,000 serial bonds of said Town to finance said appropriation.," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"); STAT1NG the estimated total cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $1,350,000, APPROPRIATING said amount therefor; and STATING the plan of financing includes the issuance of not to exceed $1,350,000 serial bonds of the Town, 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; SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING the period of probable usefulness applicable to the Land Acquisition, for which said serial bonds are authorized, is thirty (30) years; however thc maturity of said bonds shall not exceed twenty-five (25) years and the period of probable 533598.2 031289 RES usefulness applicable to the Building Improvements, for which said serial bonds are authorized, is twenty-five (25) years; STATiNG that the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; STATING that 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: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type I1 Action pursuant to SEQRA and that further review is required; and the proposed maturity of said $1,350,000 serial bonds will exceed five (5) years; FOURTH: DETERMiNING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGiNG to their payment the faith and credit of the Town; FIFTH: DELEGATiNG to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMiNING that the bond resolution is subject to a permissive referendum. DATED: February 26, 2008 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. The adoption of the foregoing resolution was seconded by Councilman Thomas H. Wickham 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 533598.2 031289 RES Justice Louisa P. Evans Councilman Thomas H. Wickham NOES: None The resolution was declared adopted. EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOl, BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,350,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: hereby authorized to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000 and the said amount is hereby appropriated therefor. The 533598.2 031289 RES Amount of obligations to be issued: 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: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type I1 Action pursuant to SEQRA and that further review is required. $1,350,000 Period of probable usefulness: thirty (30) years for the Land Acquisition and twenty-five (25) years for the Building Improvements A complete copy of the bond resolution summarized above shall be available tbr public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. Dated: February 26, 2008 Southold, New York 533598.2 031289 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 26, 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 (SEAL) set my hand and affixed the corporate seal of said Town of Southold this 27th day of February, 2008. ~,) Town Cl~rk ~- 533598.2 031289 RES Southold Town Board - Letter Board Meeting of February 26, 2008 RESOLUTION 2008-224 ADOPTED Item # DOC ID: 3643 THIS IS TO CERTIFY THAT THE FOLLOVqI[NG RESOLUTION NO. 2008-224 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2008: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE TOWN TO: (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,350,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL 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 Generated February 27, 2008 Page 41 Southold Town Board - Letter Board Mecting of February 26, 2008 (herein called the "Town"), is hereby authorized to: (a) acquire from the Southold Union Free School District, for use as a Town Recrcation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Sufiblk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000 and the said amount is hereby appropriated therefor. The plan of financing includes the issuance of not to exceed $1,350,000 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 $1,350,000 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 Land Acquisition, for which $1,100,000 serial bonds herein authorized are to be issued, within the limitations of Section 11.00 a. 21. (a) of the Law, is thirty (30) years,; however the maturity of said bonds shall not exceed twenty-five (25) years. The building or buildings to be improved are of Class "A" construction as defined by Section 11.00 a. 11 .(a)(1) of the Law and the period of probable usefulness applicable to the Building Improvements, for which $250,000 of said serial bonds are authorized to be issued, pursuant to Section I 1.00 a. I2.(a)(1) of the Law, is twenty-five (25) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Town for Generated February 27, 2008 l'[~ge 42 Southold Town Board - Letter Board Meeting of February 26, 2008 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: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements described herein are a Type II Action pursuant to SEQRA and that further review is required. (d) The proposed maturity of the bonds authorized by this resolution will 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 bonds xvith substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 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 Generated February 27, 2008 l'agc 43 Southold Town Board - Letter Board Meeting of February 26, 2008 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, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published, in full, in "The Suffolk Times," a newspaper published in Southold, New York and hereby designated the official newspaper for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on February 26, 2008, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York ("Town"), adopted February 26, 2008, authorizing the Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town purposes, the certain parcel of land in the Town, containing 4.3 aces more or less, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximu~n cost of $1,100,000, and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000; stating the estimated total cost thereof is $1,350,000; appropriating said amount therefor and authorizing the Generated Fcbrm~ry 27. 2008 }'age 44 Southold Town Board - Letter Board Meeting of February 26, 2008 issuance of $1,350,000 serial bonds of said Town to finance said appropriation.," an abstract of which bond resolution concisely stating the purpose and effect thereofi being as Follows: FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements"); STAT1NG the estimated total cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $1,350,000, APPROPRIATING said amount therefor; and STATING the plan of financing includes the issuance of not to exceed $1,350,000 serial bonds of the Town, 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; SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance said appropriation; THIRD: DETERMINING the period of probable usefulness applicable to the Land Acquisition, for which said serial bonds are authorized, is thirty (30) years; however the maturity of said bonds shall not exceed twenty-five (25) years and the period of probable usefulness applicable to the Building Improvements, for which said serial bonds are authorized, is twenty-five (25) years; STATING that the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; STATING that 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: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building hnprovements are a Type II Action pursuant to SEQRA and that further review is required; and thc proposed maturity of said $1,350,000 serial bonds ~vill exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; Generated February 27, 2008 Page 45 Southold Town Board - Letter Board Meeting of February 26, 2008 FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTII: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: February 26, 2008 Elizabeth A. Neville Town Clerk Gcnerated February 27, 2008 Pagc 4(7 Southold Town Board - Letter Board Meeting of February 26, 2008 Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008, AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,100,000, AND (B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $250,000; STATING THE ESTIMATED TOTAL COST THEREOF IS $1,350,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Object or purpose: hereby authorized to (a) acquire from the Southold Union Free School District, for use as a Town Recreation Center and for other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land Acquisition"), and (b) construct improvements to such Peconic School Building and all other buildings, at the estimated maximum cost of $250,000 (the "Building Generated February 27, 2008 }'age 47 Southold Town Board - Letter ~3oard _.'x icctm= of February 26, 2008 Improvements"). The estimated total cost of said specific objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $1,350,000 and the said amount is hereby appropriated therelbr. 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: (i) the Land Acquisition described herein is an Unlisted Action pursuant to SEQRA, will not result in any significant adverse environmental impact and a negative declaration has been adopted and filed and (ii) the Building Improvements are a Type II Action pursuant to SEQRA and that further review is required. Amount of obligations to be issued: $1,350,000 Period of probable usefulness: thirty (30) years for the Land Acquisition and twenty-five (25) years for the Building Improvements 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, at the Town Hall, 53095 Main Street, Southold, New York. Dated: Febmary 26, 2008 Southold, New York Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generatect :ebruary 27. 2008 Page 48 Southold Town Board - Lelter Board Meeting of February 26, 2008 RESOLUTION 2008~221 ADOPTED Item # DOC ID: 3640 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-221 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed acquisition and reconstruction of the Peconie School is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated February 26, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated February 27, 2008 Page 38