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aN No. 6R-1 55,224,000ut/
6 ~ UNITED STATES OF AMERICA ~ "
STATE OF NEW YORK
COUNTY OF SUFFOLK
TOWN OF SOUTHOLD
,l'd BOND ANTICD?ATION NOTE FOR VARIOUS PURPOSES-2010
The Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York, hereby
acknowledges itself indebted and for value received promises to pay to JPMorgan Chase Bank, N.A., Melville, New York, as
~ registered owneq the sum of FIVE MILLION TWO HUNDRED TWENTY-FOUR THOUSAND DOLLARS (SSZ24,000)
on the 2nd day of Septembeq 2011, together with interest thereon from the date hereof at the rate of fiftysight hundredths per
centum (0.58°/.) per annum, payable at maturity. Both principal of and interest on this Note will be paid in lawful money of the
United States of America, at JPMorgan Chase Bank, N.A., Melville, New York.
Both principal of and interest on this No[e shall be payable only to the registered holder, his legal ~ fl``~
representatives, successors or transferees. This Note shall be transferable only upon presentation to such Town Clerk with a _
_S;~.
written transfer of title and such Town Clerk shall thereupon register this Note in the name of the transferee in his books and shall -~~7
endorse a certificate of such registration hereon. Such transfer shall be dated, and signed by the registered holder, or his legal
representatives, and it shall be duly acknowledged or proved, or in the alternative the signature thereto shall be certified as to its '
genuineness by an officer of a bank or wst company located and authorized to do business in this State. .yr-
I
This Note is the only No[e of an authorized renewal issue, the principal amount of which is 55,224,000.
` This No[e is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated b
Laws of the State of New York, nine bond resolutions adopted by the Town Board on their respective dates, authorizing the
issuance of serial bonds for various purposes in said Town, and the Certificate of Determination executed by the Supervisor on -
r September 2, 2010.
i
I This Note has been designated by the Town as a qualified tax-exempt obligation pursuant to the provisions of Section
265 of the Internal Revenue Code of 1986, as amended.
The faith and credit of such Town are hereby irrevocably pledged for the punctual payment of [he principal of and
interest on this Note according [o its terms. It is hereby certified and recited that all wnditions, acts and things required by the
Constitution and statutes of [he State of New York to exist, to have happened and to have been performed precedent to and in the n~.
issuance of this No[e, exist, have happened and have been performed, and that this Note, together with all other indebtedness of ~ i
such Town, is within every debt and other limit prescribed by the Constitution and laws of such State.
IN WITNESS WHEREOF, the Town of Southold has caused this Note to be executed in its name by iu Supervisor,
and its corporate seal (or a facsimile thereof) [o be affixed, imprinted, impressed or otherwise reproduced hereon and attested by '
its Town Clerk and this Note to be dated as of the 2nd day of September, 2010..
. _i
TO FSOUTHOLD
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Supervisor ~i`
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-'a Town Clerk
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CERTIFICATE OF DETERMINATION BY THE SUPERVISOR
RELATIVE TO AUTHORIZATION, SALE, ISSUANCE, FORM
AND CONTENTS OF THE $5,224,000 BOND ANTICIPATION
NOTE FOR VARIOUS PURPOSES-2010 OF THE TOWN OF
SOUTHOLD, NEW YORK.
I, Scott A. Russell, Supervisor of the Town of Southold, New York (herein called
the "Town"), HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the
chief fiscal officer of the Town, by the Town Boazd of the Town, pursuant to the bond
resolutions duly adopted and amended and as referred to in the pazagraphs below and subject to
the limitations prescribed in said bond resolutions, I have made the following determinations:
1. A bond anticipation note of the Town in the principal amount of $14,000
shall be issued to renew, in part, the $100,000 bond anticipation note dated September 4, 2009,
maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
July 17, 2007, authorizing the construction of improvements to
Ryder Farm Lane and Pazk View Lane; stating the estimated
maximum cost thereof is $180,000; appropriating said amount
therefor, including the expenditure of $30,000 expected to be paid
from the proceeds of a separate issue of bonds and $60,000
expected to be received as a reimbursement from the County of
Suffolk; and authorizing the issuance of $150,000 serial bonds of
said Town to finance a part of said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 4, 2009, the redemption of said
$100,000 bond anticipation note having been heretofore provided to the extent of $86,000 from a
source other than the proceeds of serial bonds.
2. A bond anticipation note of the Town in the principal amount of
$2,389,000 shall be issued to renew, in part, the $2,580,000 bond anticipation note dated
September 4, 2009, maturing September 3, 2010, and heretofore issued in anticipation of the sale
of the serial bonds authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
August 16, 2005, and amended May 22, 2007 authorizing the
construction of a new Town Animal shelter, in said Town, stating
the estimated maximum cost thereof is $3,300,000, appropriating
said amount therefor, including the appropriation of $280,000 held
in trust and authorizing the issuance of $3,020,000 serial bonds of
said Town to finance the balance of said appropriation,"
duly adopted by the Town Boazd on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 4, 2009, the redemption of said
$2,580,000 bond anticipation note having been heretofore provided to the extent of $191,000
from a source other than the proceeds of serial bonds.
3. A bond anticipation note of the Town in the principal amount of $21,000
shall be issued to renew, in part, the $24,000 bond anticipation note dated September 4, 2009,
maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
July 17, 2007, ratifying the appropriation of $30,000 to finance a
part of the cost of construction of improvements to certain highways
in the Hamlet of Orient, known as Ryder Farm Lane and Park View
Lane; stating the estimated maximum cost thereof is $180,000, with
$150,000 of said cost expected to be paid from other sources; and
authorizing the issuance of $30,000 serial bonds of said Town to
finance said $30,000 appropriation,"
duly adopted by the Town Boazd on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 4, 2009, the redemption of said $24,000
bond anticipation note having been heretofore provided to the extent of $3,000 from a source
other than the proceeds of serial bonds.
4. A bond anticipation note of the Town in the principal amount of $55,000
shall be issued to renew, in part, the $75,000 bond anticipation note dated September 4, 2009,
maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
Apri122, 2008, authorizing the acquisition of tax collection software
for use by the Town Tax Receiver's Office, at the estimated
maximum cost of $75,000; appropriating said amount therefor, and
authorizing the issuance of bonds in the principal amount of
$75,000 to finance said appropriation,"
duly adopted by the Town Boazd on the date therein referred to, and the Certificate of
Detemunation executed by the Supervisor on September 4, 2009, the redemption of said $75,000
bond anticipation note having been heretofore provided to the extent of $20,000 from a source
other than the proceeds of serial bonds.
5. A bond anticipation note of the Town in the principal amount of $315,000
shall be issued to renew, in part, the $590,000 bond anticipation note dated September 4, 2009,
maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 17, 2008, appropriating $590,000 for the increase and
improvement of facilities of the Southold Solid Waste Management
District, in said Town, and authorizing the issuance of $590,000
serial bonds of said town to finance said appropriation,"
duly adopted by the Town Boazd on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 4, 2009, the redemption of said
$590,000 bond anticipation note having been heretofore provided to the extent of $275,000 from
a source other than the proceeds of serial bonds.
6. A bond anticipation note of the Town in the principal amount of $280,000
shall be issued to renew, in part, the $379,000 bond anticipation note dated September 4, 2009,
maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
July 29, 2008, appropriating $400,000 to pay the cost of acquiring
the easterly half of the certain piece of pazcel of land, containing
one half of one acre, more or less, situate adjacent to the Town Hall
property, and previously acquired by the town pursuant to the
eminent domain proceeding (Index No. 06-23054) commenced in
the Supreme Court of the State of New York, Suffolk County, on
August 3, 2006, and authorizing the issuance of $400,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 4, 2009, the redemption of said
$379,000 bond anticipation note having been heretofore provided to the extent of $99,000 from a
source other than the proceeds of serial bonds.
7. A bond anticipation note of the Town in the principal amount of $50,000
shall be issued to renew, in part, the $90,000 bond anticipation note dated September 4, 2009
maturing September 3, 2010, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
September 9, 2008, appropriating $338,800 for the increase and
improvement of facilities of the Mattituck Park District, including
the expenditure of $39,000 from the District's operating fund and
$100,000 available in the Town's recreation fund to pay a part of
said appropriation; and authorizing the issuance of $199,800 serial
bonds finance the balance of said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 4, 2009, the redemption of said $90,000
bond anticipation note having been heretofore provided to the extent of $40,000 from a source
other than the proceeds of serial bonds.
8. A bond anticipation note of the Town in the principal amount of
$1,400,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the
resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
Mazch 9, 2010 and amended May 4, 2010, authorizing the
construction of improvements to various roads on Fishers Island,
including related drainage improvements, stating the estimated
maximum cost thereof is $1,400,000, appropriating said amount
for such purpose, and authorizing the issuance of $1,400,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Boazd on the date therein referred to.
9. A bond anticipation note of the Town in the principal amount of $'700,000
shall be issued in anticipation of the sale of serial bonds authorized pursuant to the resolution
entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 15, 2010 and amended May 4, 2010, appropriating $700,000
for the improvement of facilities of the Southold Town Wastewater
Disposal District, and authorizing the issuance of $700,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Boazd on the date therein referred to.
10. Said $14,000 note, said $2,389,000 note, said $21,000 note, said $55,000
note, said $315,000 note, said $280,000 note, said $50,000 note, said $1,400,000 and said
$700,000 note shall be combined for the purpose of sale into a single note issue in the aggregate
principal amount of $5,224,000 (hereinafter referred to as the "Note").
11. The terms, form and details of said Note shall be as follows:
Amount and Title: $5,224,000 Bond Anticipation Note for Various Purposes-2010
Dated: September 2, 2010
Matures: September 2, 2011
Number and
Denomination: Number 6R-1, at $5,224,000
Interest Rate
per annum: 0.58%
Form of Note: Substantially in accordance with form prescribed by Schedule
B,2 of the Local Finance Law of the State of New York.
12. The respective amounts of bond anticipation notes originally issued in
anticipation of the issuance of the serial bonds authorized pursuant to the bond resolutions
referred to in paragraphs 1 to 9, inclusive, hereof, including the Note, aze: (1) $150,000, (2)
$2,890,000, (3) $150,000, (4) $75,000, (5) $590,000, (6) $400,000, (7) $199,800, (8) $700,000
and (9) $1,400,000, and the respective amounts of bond anticipation notes which will be
outstanding after the issuance of the Note, including said Note, will be: (1) $14,000, (2)
$2,389,000, (3) $21,000, (4) $55,000, (5) $315,000, (6) $280,000, (7) $50,000, (8) $1,400,000
and (9) $700,000.
13 The serial bonds authorized pursuant to the resolution referred to in
paragraphs 5, 7 and 9 hereof, aze for improvements which are assessable, and the serial bonds
authorized pursuant to the resolutions refen•ed to in pazagraphs 1, 2, 3, 4, 6 and 8 hereof, aze for
improvements which aze non-assessable.
14. Pursuant to said powers and duties delegated to me, I DO HEREBY
AWARD AND SELL said Note to JPMorgan Chase Bank, N.A., Melville, New York, as
registered owner, for the purchase price of $5,224,000.00, plus accrued interest, if any, from the
date of said Note to the date of delivery thereof, and I FURTHER DETERMINE that said Note
shall be payable as to both principal and interest at JPMorgan Chase Bank, N.A., Melville,
New York, and shall beaz interest at the rate of fifty-eight hundredths per centum (0.58%) per
annum, payable at maturity.
15. The Note shall be executed in the name of the Town by the manual
signature of its Supervisor and the corporate seal of the Town will be affixed, imprinted,
impressed or otherwise reproduced thereon and attested by its Town Clerk.
I HEREBY FURTHER DETERMINE that at the time of the delivery of the Note,
and as a condition to such delivery, I shall deliver or cause to be delivered to the financial
institution referred to in pazagraph 14 hereof a copy of the Town's Undertaking to Provide
Notices of Material Events, executed by the undersigned as chief fiscal officer of the Town,
setting forth the Town's written agreement for the benefit of holders of or owners of beneficial
interests in the Note, all in conformity with applicable provisions of Rule 15c2-12 of the
Securities and Exchange Commission.
I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to
issue and sell the Note hereinabove referred to aze in full force and effect and have not been
modified, amended or revoked.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of
September, 2010.
Supervisor
~
CLERK'S CERTIFICATE
I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of
Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing copy of the
Certificate of Determination executed by the Supervisor and the same is a true and complete
copy of the Certificate filed with said Town in my office as Town Clerk on or before the 2nd day
of September, 2010, and
I FURTHER CERTIFY that no resolution electing to reassume any of the powers
or duties mentioned in said Certificate and delegated to the Supervisor by the resolutions cited in
said Certificate and exercised by the Supervisor has been adopted by said Town Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town this 2nd day of
September, 2010.
~~..ao ~ .D ~i~„ODo
Town Clerk
(SEAL)
f
UNDERTAHING TO PROVIDE NOTICES OF MATERIAL EVENTS
Section 1. Definitions
"EMMA" shall mean Electronic Municipal Mazket Access System implemented
by the MSRB.
"Holder" shall mean any registered owner of the Securities and any beneficial
owner of Securities within the meaning of Rule 13d-3 under the Securities Exchange Act of
1934.
"Issuer" shall mean the Town of Southold, in the County of Suffolk, a municipal
corporation of the State of New York.
"MSRB" shall mean the Municipal Securities Rulemaking Boazd established in
accordance with the provisions of Section 15B(b)(1) of the Securities Exchange Act of 1934.
"Rule 15c2-12" shall mean Rule 15c2-12 under the Securities Exchange Act of
1934, as amended through the date of this Undertaking, including any official interpretations
thereof.
"Securities" shall mean the Issuer's $5,224,000 Bond Anticipation Note for
Various Purposes-2010, dated September 2, 2010, and maturing September 2, 2011, and
delivered on the date hereof.
Section 2. Obligation to Provide Notices of Material Events. (a) The Issuer
hereby undertakes, for the benefit of Holders of the Securities, to provide or cause to be provided
either directly or through Munistat Services, Inc., 12 Roosevelt Avenue, Port Jefferson Station,
New York 11776 to the Electronic Municipal Mazket Access ("EMMA") System implemented
by the Municipal Securities Rulemaking Boazd established pursuant to Section 15B(b)(1) of the
Securities Exchange Act of 1934, or any successor thereto or to the functions of such Boazd
contemplated by the Undertaking, in a timely manner, notice of any of the following events with
respect to the Securities, if material:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial
difficulties;
(4) unscheduled draws on credit enhancements reflecting financial
difficulties;
(5) substitution of credit or liquidity providers, or their failure to
perform;
795749.1033923 CLD
(6) adverse tax opinions or events affecting the tax-exempt status of
the Securities;
(7) modifications to rights of Securities holders;
(8) bond calls;
(9) defeasances;
(10) release, substitution, or sale of property securing repayment of the
Securities; and
(11) rating changes.
(b) Nothing herein shall be deemed to prevent the Issuer from providing
notice of the occurrence of certain other events, in addition to those listed above, if the Issuer
determines that any such other event is material with respect to the Securities; but the Issuer does
not undertake to commit to provide any such notice of the occurrence of any material event
except those events listed above.
Section 3. Remedies. If the Issuer shall fail to comply with any provision of this
Undertaking, then any Holder of Securities may enforce, for the equal benefit and protection of
all Holders similarly situated, by mandamus or other suit or proceeding at law or in equity, this
Undertaking against the Issuer and any of the officers, agents and employees of the Issuer, and
may compel the Issuer or any such officers, agents or employees to perform and carry out their
duties under this Undertaking; provided that the sole and exclusive remedy for breach of this
Undertaking shall be an action to compel specific performance of the obligations of the Issuer
hereunder and no person or entity shall be entitled to recover monetary damages hereunder under
any circumstances. Failure to comply with any provision of this Undertaking shall not constitute
an event of default on the Securities.
Section 4. Parties in Interest. This Undertaking is executed and delivered solely
for the benefit of the Holders. No other person shall have any right to enforce the provisions
hereof or any other rights hereunder.
Section 5. Amendments. Without the consent of any holders of Securities, the
Issuer at any time and from time to time may enter into any amendments or changes to this
Undertaking for any of the following purposes:
(a) to comply with or conform to any changes in Rule 15c2-12 (whether
required or optional);
(b) to change or add a dissemination agent for the notices required to be given
hereunder and to make any necessary or desirable provisions with respect thereto;
(c) to evidence the succession of another person to the Issuer and the
assumption of any such successor of the duties of the Issuer hereunder;
795749.1 033923 CLD
(d) to add to the duties of the Issuer for the benefit of the Holders, or to
surrender any right or power herein conferred upon the Issuer; or
(e) to cure any ambiguity, to correct or supplement any provision hereof
which may be inconsistent with any other provision hereof, or to make any other
provisions with respect to matters or questions arising under this Undertaking which, in
each case, comply with Rule 15c2-12 or Rule 15c2-12 as in effect at the time of such
amendment or change;
provided that no such action pursuant to this Section 5 shall adversely affect the interests
of the Holders in any material respect. In making such determination, the Issuer shall rely
upon an opinion of nationally recognized bond counsel.
Section 6. Termination. This Undertaking shall remain in full force and effect
until such time as all principal, redemption premiums, if any, and interest on the Securities shall
have been paid in full or the Securities shall have otherwise been paid or legally defeased in
accordance with their terms. Upon any such legal defeasance, the Issuer shall provide notice of
such defeasance to the EMMA System. Such notice shall state whether the Securities have been
defeased to maturity or to redemption and the timing of such maturity or redemption.
Section 7. Undertaking to Constitute Written A~eement or Contract. This
Undertaking shall constitute the written agreement or contract for the benefit of Holders of
Securities, as contemplated under Rule 15c2-12.
Section 8. Governing Law. This Undertaking shall be governed by the laws of
the State of New York determined without regard to principles of conflict of law.
IN WITNESS WHEREOF, the undersigned has duly authorized, executed and
delivered this Undertaking as of September 2, 2010.
Town o outhold, New York
By
Supervisor
795749.1 033923 CLD
CERTIFICATES AS TO SIGNATURES, LITIGATION,
AND DELIVERY AND PAYMENT
WE, the undersigned officers of the Town of Southold, in the County of Suffolk,
a municipal corporation of the State of New York and herein referred to as the "Town,"
HEREBY CERTIFY that on or before September 2, 2010, we officially signed and properly
executed by manual signatures the $5,224,000 Bond Anticipation Note for Various Purposes-
2010 (the "Note") of the Town, payable to JPMorgan Chase Bank, N.A., Melville, New York,
as registered owner, and as otherwise described in Schedule A annexed hereto and by this
reference made a part hereof, and that at the time of such signing and execution and on the date
hereof we were and are the duly chosen, qualified and acting officers of the Town authorized to
execute the Note and holding the respective offices indicated by the titles set opposite our
signatures hereto for terms expiring on the respective dates set opposite such titles.
WE FURTHER CERTIFY that no litigation of any nature is now pending or
threatened restraining or enjoining the issuance or delivery of the Note or the levy or collection
of any taxes to pay the interest on or principal of the Note, or in any manner questioning the
authority or proceedings for the issuance of the Note or for the levy or collection of said taxes, or
relating to the Note or affecting the validity thereof or the levy or collection of said taxes, that
neither the corporate existence or boundaries of the Town nor the title of any of the present
officers thereof to their respective offices is being contested, and that no authority or proceedings
for the issuance of the Note has or have been repealed, revoked or rescinded.
WE FURTHER CERTIFY that the seal which is impressed upon this certificate
(or a facsimile thereof) has been affixed, impressed, imprinted or otherwise reproduced upon the
Note and is the legally adopted, proper and only official corporate seal of the Town.
And I, Scott A. Russell, Supervisor, HEREBY FURTHER CERTIFY that on
September 2, 2010, I delivered or caused the delivery of the Note to JPMorgan Chase Bank,
N.A., Melville, New York„ the purchaser thereof, and that at the time of such delivery of said
Note, the Town received from said purchaser the amount hereinbelow stated, in full payment for
said Note, computed as follows:
Price ......................................................................................$5,224,000.00
Interest on said Note accrued to the
date of such delivery -0-
Amount Received ..................................................................$5,224,000.00
795749.1 033923 CLD
IN WITNESS WHEREOF, we have hereunto set our hands and said corporate
seal has hereunto been affixed this 2nd day of September, 2010.
' afore Term of Office
Ex~es Title
December 31, 2011 Supervisor
' December 31, 2013 Town Clerk
(SEAL)
I HEREBY CERTIFY that the signatures of the officers of the above-named
Town, which appeaz above, aze true and genuine and that I know said officers and know them
to hold the offices set opposite their signatures.
John A. Cushman, II
Town Comptroller
795749.! 033923 CLD
ATTORNEY'S CERTIFICATE
I, Martin Finnegan, Esq., HEREBY CERTIFY that I am a licensed attorney at law
of the State of New York, and am the duly chosen, qualified and acting Town Attorney of the
Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York
and herein referred to as the "Town", that no litigation of any nature is now pending or
threatened restraining or enjoining the issuance or delivery of the $5,224,000 Bond Anticipation
Note for Various Purposes-2010 (the "Note") of the Town, payable to JPMorgan Chase Bank,
N.A., Melville, New York, as registered owner, and as otherwise described in Schedule A
annexed hereto and by this reference made a part hereof, or the levy or collection of any taxes to
pay the interest on or principal of the Note, or in any manner questioning the authority or
proceedings for the issuance of the Note or for the levy or collection of said taxes, or relating to
the Note or affecting the validity thereof or the levy or collection of said taxes, that neither the
corporate existence or boundaries of the Town nor the title of any of the present officers thereof
to their respective offices is being contested, and that no authority or proceedings for the
issuance of the Note has or have been repealed, revoked or rescinded.
I HEREBY FURTHER CERTIFY that there is no controversy or litigation of any
nature now pending or threatened by or against the Town wherein an adverse judgment or ruling
could have a material adverse impact on the financial condition of the Town or adversely affect
the power of the Town to levy, collect or enforce the collection of taxes or other revenues for the
payment of the Note, which has not been disclosed in the Official Statement relating to the Note.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of
September,
Attorney
795749.1 033923 CLD
SCHEDULE A
Amount and Title: $5,224,000 Bond Anticipation Note for Various Purposes-2010
Dated: September 2, 2010
Matures: September 2, 2011
Number: 6R-1, at $5,224,000
Interest Rate
per annum: 0.58%
795749.1 033923 CLD
ARBITRAGE AND USE OF PROCEEDS CERTIFICATE
I, Scott A. Russell, Supervisor of the Town of Southold, in the County of Suffolk,
New York (the "Issuer"), HEREBY CERTIFY and reasonably expect with respect to the
issuance of the Issuer's $5,224,000 Bond Anticipation Note for Various Purposes-2010 (herein
referred to as the "Note" or "Notes"), dated and issued on September 2, 2010, as follows:
Unless the context cleazly requires otherwise, all capitalized terms used but not
otherwise defined herein shall have the meanings set forth in Article II hereof or in the
Resolutions, the Code or the Regulations (each as defined below).
ARTICLE I
General
1.1. Authoritv of Si ng story. I am an officer of the Issuer chazged with the
responsibility for the execution, delivery, and issuance of the Note and am acting for and on
behalf of the Issuer in signing this certificate.
1.2. Purpose of Certificate. This certificate is made for the purpose of
establishing evidence of the expectations of the Issuer as of the date hereof as to future events
regazding the amount and use of proceeds of the Note. It is intended and may be relied upon for
purposes of Sections 103 and 148 of the Internal Revenue Code of 1986, as amended (the
"Code"), and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations
(the "Regulations"). This certificate is executed and delivered as part of the record of
proceedings in connection with the issuance of the Note. The provisions of this certificate
constitute a contractual obligation of the Issuer in consideration for the purchase of and payment
for the Note by the purchaser(s) thereof.
1.3. Reasonable Exnectations. This certificate sets forth the facts, estimates
and circumstances now in existence which form the basis for the Issuer's expectation that the
proceeds of the Note will not be used in a manner that would cause the Note to be an azbitrage
bond under Section 148 of the Code or a private activity bond under Sections 103 and 141 of the
Code. To the best of my knowledge and belief, such expectation is reasonable and there aze no
other facts, estimates or circumstances that would materially change that expectation.
1.4. Composite Issue. No other governmental obligations have been sold
fewer than 15 days prior to, or will be sold fewer than 15 days after, the sale date of the Note,
pursuant to a common plan of financing which aze expected to be paid from substantially the
same source of funds as the Note.
1.5 No Federal Guazantee. The Issuer represents and covenants that, except
for the gross proceeds of the Note which aze: (a) invested during the temporary period referred to
in Article III, (b) held in any refunding escrow, or (c) invested in obligations of the United States
Treasury or in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank
Act, as amended by Section 511(a) of the Financial Institutions Reform, Recovery and
795749.1 033923 CLD
Enforcement Act of 1989, or any successor provision to Section 21B(d)(3) of the Federal Home
Loan Bank Act, as amended:
(i) No portion of the payment of principal or interest with respect to the Note
is or will be guaranteed directly or indirectly by the United States or any
agency or instrumentality thereof (herein "federally guaranteed"); and
(ii) No portion of the gross proceeds of the Note in excess of five percent of
such gross proceeds is or will be (A) used in making loans the payment of
principal or interest with respect to which is to be federally guazanteed, or
(B) invested directly or indirectly in federally insured deposits or
accounts.
1.6. Tax Representation. The Issuer expects to be able to and will comply with
all the procedures and provisions set forth herein, and will do and perform all acts and things
necessary and desirable within its reasonable control in order to assure that interest paid on the
Note shall be excluded from gross income of the owners thereof for the purpose of federal
income taxation.
1.7. Additional Information. The Issuer will provide such other information as
may be required to assure the exclusion from gross income of interest on the Note for federal
income taxation purposes.
1.8. Non-Purpose Investments. Not more than 50% of the proceeds of the
Note are being invested in investments not acquired to carry out the governmental purposes of
the issue at a guazanteed yield and having a term of 4 yeazs or more.
1.9 IRS Information Reporting. The Issuer will make a timely filing of the
appropriate IRS Form 8038G or 8038-GC.
ARTICLE II
Use of Project and Proceeds
2.1. Authorization. (a) The Note is authorized to be issued pursuant to
applicable provisions of the laws of the State of New York and various bond resolutions duly
adopted by the Town Board on their respective dates (the "Resolutions"), as refen•ed to in the
Certificate of Determination executed by the Supervisor on September 2, 2010.
(b) For purposes of this Article II the term "proceeds" means the net amount
(afrer payment of all costs and expenses associated with issuing the Note) received by the Issuer
from the sale of the Note, excluding accrued interest.
2.2. Purpose of Issue. The Note is being issued to provide funds for various
purposes in the Town (the "Project" or "Projects"), as further described in the Resolutions.
795749.1033923 CLD
2.3. Use of Proceeds. A portion of the proceeds of sale of the Note in the
amount of $3,124,000 (the "Current Refunding Note") will be used, together with $714,000
available funds, to redeem prior issues of bond anticipation notes currently outstanding in the
aggregate principal amount of $3,838,000 (the "Prior Issues"), heretofore issued to finance the
Project. The balance of the proceeds of sale of the Note in the principal amount of $2,100,000
(the "New Money Note") will be used to provide original financing for the New Money Projects.
2.4. Ownership/Lease/Sale. The Projects will be owned by the Issuer or
another state or local governmental unit and will not be leased to any person who is not a state or
local governmental unit. It will not (except to the extent that any of the projects financed involve
grants) be sold or otherwise disposed of, in whole or in part, except for incidental sales of surplus
items the proceeds of which will not constitute net operating profits or net capital profits to the
Issuer, prior to the maturity date of the Note.
2.5. Private Loans. Not more than the lesser of 5 percent or $5,000,000 of the
proceeds of the Note will be used directly or indirectly to make loans to persons other than a
governmental unit.
2.6. Private Use. The aggregate amount of proceeds of the Note used directly
or indirectly in a trade or business carried on by a person other than a state or local
governmental unit ("Private Use"), will not exceed 10% of such proceeds in the event that more
than 10% of the principal or 10% of the interest due on the Note during the term thereof is, under
the terms of the Note or any underlying arrangement, directly or indirectly, secured by any
interest in property used or to be used for a Private Use or in payments in respect of property
used or to be used for a Private Use or is to be derived from payments, whether or not to the
Issuer, in respect of property or borrowed money used or to be used for a Private Use.
2.7. Unrelated/Related Disproportionate Use. No more than 5% of the
proceeds of the Note will be used directly or indirectly in the trade or business of a person other
than a governmental unit that is unrelated or related and disproportionate to the governmental use
of the property being financed, including any private loan financing described in Section 2.5
which meets this test. For purposes of this Arbitrage and Use of Proceeds Certificate, proceeds
of the Note aze allocable to an unrelated Private Use if such use is neither directly nor
operationally related to a governmental use and proceeds of the Note are allocable to a
disproportionate related Private Use to the extent that the proceeds of the Note which aze to be
used to finance property used by a nongovernmental person in a trade or business which is
related to the governmental use of the property referred to in Section 2.6 above, exceeds the
proceeds of the Note which are to be used for the governmental use to which such Private Use
relates.
2.8. Other Private Uses Defined. For purposes of Section 2.6 and 2.7, a
Private Use consists of any contract or other arrangement including, without limitation, leases,
management contracts, guazantee contracts, take or pay contracts, or put or pay contracts, which
provides for a use of the Projects by a person or persons who are not State or local govermnents
on a basis different than the general public Any management, or operations contract or
795749.1 033923 CLD
agreement which provides for nongovernmental use will provide for reasonable compensation
which is in no pazt based on net profits and will satisfy the provisions of (a), (b) or (c) below:
(a) for contracts which provide compensation for each annual period based
on a periodic fixed fee, a capitation fee or combination thereof, (i) the contract has a term
(including renewal options) not exceeding five yeazs; (ii) the issuer may terminate the contract,
without penalty, at the end of any three yeaz period, and (iii) at least 50% of the compensation
paid is on a periodic, fixed fee basis;
(b) for contracts entered into or materially modified (other than pursuant to a
renewal option) after March 15, 1993, which provide compensation based on a per unit fee or a
combination per unit and periodic fixed fee, (i) the contract has a term (including renewal
options) not exceeding three yeazs; (ii) the issuer may terminate such contract (without penalty)
at the end of the second year of the term, and (iii) the amount of the per unit fee is specified in
the contract or otherwise limited by the qualified user or a third party;
(c) for contracts entered into or materially modified (other than pursuant to a
renewal option) after Mazch 15, 1993, which provide compensation based on a percentage of
fees charged, (i) the contract has a term (including renewal options) not exceeding two yeazs,
(ii) the issuer may terminate the contract (without penalty) at the end of the first year, and
(iii) the service provider primazily provides services to third pazties or the contract involves a
facility during an initial start-up period;
(d) For purposes of this Section 2.8:
(i) "capitation fee" means a fixed periodic amount paid under a management
contract or agreement for each person for whom the service provider
assumes the responsibility to provide all needed services for a specified
period, provided the quantity and type of services actually provided vary
substantially;
(ii) "periodic fixed fee" means a stated dollaz amount for services rendered
during a specified period of time (i.e. $XX per month) which amount may
automatically increase according to a specified, objective, external standazd;
and
(iii) "per unit fee" means a stated dollar amount for each unit of service
provided (i.e. $XX per medical procedure).
2.9 Pooled Loan Financines. To the extent the amount of proceeds of the
Note to be used to make loans to any borrowers (including loans referred to in Section 2.5 above
and loans to state or local governmental units) exceeds $5,000,000, at least 95% of the net
proceeds of the issue (as defined in Section 150 of the Code but without including proceeds used
to finance costs of issuance or capitalized interest) that aze to be used to make loans, will have
been used within 3 yeazs of the date hereof to make such loans. The payment of legal and
underwriting costs is not contingent and at least 95% of the reasonably expected legal and
underwriting costs associated with issuance will be paid within 180 days of the date hereof.
795749.1 033923 CLD
2.10 Output Facilities. No more than 5% of the proceeds of the Note aze to be
used with respect to any output facility (other than a facility for the furnishing of water). No
more than the lesser of $5,000,000 or 5% of the proceeds of the Note aze to be used (directly or
indirectly) for the acquisition of a nongovenunental output facility.
ARTICLE III
Arbitrage/Rebate Exemption
3.1 Temporary Period-Refundine. With respect to the proceeds of the sale of
the Current Refunding Note representing proceeds allocable to the Prior Issue:
(a) All of the proceeds of the Prior Issue have been expended, or any such
proceeds which have not been expended as of the date hereof, shall become transferred proceeds
of this issue. Such transferred proceeds may be invested without restriction as to yield until three
yeazs after the date of original issuance of the Prior Issue. If any transferred proceeds remain
unexpended after three yeazs after the date of original issuance of the Prior Issue, such proceeds
will be invested at a yield not in excess of the yield on the Note.
(b) The proceeds of the Note will be used to refund the Prior Issue within 90
days of the date hereof, and may be invested during such time without restriction as to yield.
3.2 Temporary Period-New Money. With respect to the New Money Note:
(a) The Issuer has entered into or will enter into within six months from the
date of this certificate, binding commitment(s) for the acquisition, construction or
accomplishment of the New Money Project cited in Section 2.2 hereof, and the amount of such
commitment(s) with respect to such New Money Project will or do exceed the amount equal to
5% of $2,100,000, being the aggregate amount of obligations currently issued for such New
Money Project.
(b) Such New Money Project has been completed, or, if such New Money
Project has not been completed, work on the acquisition, construction or accomplishment of such
New Money Project will proceed or is proceeding with due diligence to completion.
(c) It is reasonably expected that at least 85 percent of the net sale proceeds of
such New Money Note will be expended within three yeazs from the date of this Certificate. No
more than 50 percent of the proceeds of the Note will be invested in nonpurpose investments
with a term of four years or more.
3.3 Rebate. (a) Neither the Prior Issue nor the New Money Note was or is
subject to the rebate requirement imposed by Section 148 of the Code because, with respect to
each:
(i) the Issuer was or is a governmental unit with general taxing powers;
(ii) the Prior Issue/New Money Note did not or does not constitute a "private
activity bond" as that term is defined in Section 141 of the Code;
795749.1 033923 CLD
(iii) ninety-five percent or more of the net proceeds of the sale of the Prior
Issue/New Money Note was or is to be used for local governmental
activities of the Issuer; and
(iv) the Issuer (including all agencies, instrumentalities and political
subdivisions of the Issuer) reasonably expected or expects that the
aggregate face amount of all tax-exempt bonds issued by the Issuer during
the calendaz yeaz in which the Prior Issue was issued and the current
calendar year would not or will not exceed $5,000,000. For purposes of
such determination, no tax-exempt obligation was or shall be taken into
account if it was or is a current refunding obligation issued in the calendaz
year in which the Prior Issue/New Money Note (as applicable) was or is
being issued which does not exceed the outstanding (redeemed) principal
amount of the obligation to be refunded.
(b) The Current Refunding Note is not subject to the rebate requirement
imposed by Section 148 of the Code because all of the Gross Proceeds of such Current
Refunding Note will be expended to pay the Prior Issue within 90 days of the date hereof and
will, therefore, qualify for the six-month expenditure exception to rebate.
3.4 No Excess Proceeds. The total proceeds of sale of all bond anticipation
notes issued to date for the Project do not exceed the total cost of the Project.
3.5 Source of Repayment Funds. The Note will be paid from taxes and the
proceeds of other obligations of the Issuer issued to fund the Note.
3.6 Debt Service Fund. The taxes used to pay principal and interest on the
Note, whether or not deposited in a debt service fund, will be expended within 13 months of the
date of deposit in such fund, or the date of their accumulation, in the payment of debt service on
the Note. Any amounts received from the investment of such deposit or accumulation will be
expended within one yeaz of receipt. The debt service fund, if any, will be used to achieve a
proper matching of revenues and debt service and will be depleted at least annually except for a
reasonable carryover amount which will not exceed the greater of the earnings on such fund for
the immediately preceding year orone-twelfth of the debt service on the Note.
3.7 Sinking Funds. Except for the debt service fund described herein the
Issuer has not created or established, and does not expect to create or establish, any sinking fund
or other similar fund which the Issuer reasonably expects to use to pay principal or interest on
the Note.
ARTICLE IV
Bank Qualification
4.1 Desi ation. The Note is hereby designated as a "qualified tax-exempt
obligation" pursuant to the provisions of Section 265 of the Code.
795749.1 033923 CLD
(a) In making such designation it has been determined with respect to the
Current Refunding Note that:
(i) the Note can-ently refunds the Prior Issue;
(ii) the Prior Issue was designated as a "qualified tax-exempt obligation";
(iii) the aggregate face amount of the Note does not exceed $30,000,000;
(iv) the Prior Issue had a weighted average maturity of 3 yeazs or less;
(v) the maturity date of the Note, as measured from the original date of
issuance of the notes issued pursuant to the Resolutions, in renewal of
which such Note is being issued, does not exceed 30 yeazs; and
(vi) not more than $30,000,000 of obligations issued by the Issuer during the
calendaz year in which the Prior Issue was issued were designated by the
Issuer as "qualified tax-exempt obligations."
(b) In making such designation it has been determined with respect to the
New Money Note that:
(i) the Issuer does not reasonably anticipate that the amount of "qualified tax-
exempt obligations" to be issued by the Issuer during the current calendaz
yeaz will exceed $30,000,000; and
(ii) the amount of "qualified tax-exempt obligations" issued by the Issuer
during the current calendaz year does not as of this date, and including this
issue, exceed $30,000,000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Town of Southold, as of the
2nd day of September, 2010.
Q t~~~
(SEAL) Supervisor
795749.1 033923 CLD
CERTIFICATE WITH RESPECT TO THE OFFICIAL
STATEMENT OF THE TOWN OF SOUTHOLD, NEW YORK,
DISTRIBUTED IN CONNECTION WITH THE SALE AND
ISSUANCE OF A $5,224,000 BOND ANTICIPATION NOTE
FOR VARIOUSPURPOSES-2010
I, Scott A. Russell, the undersigned Supervisor of the Town of Southold (the
"Town"), in the County of Suffolk, New York, HEREBY CERTIFY that on August 17, 2010,
the date of the Official Statement of the Town prepazed in connection with the sale of the
$5,224,000 Bond Anticipation Note for Various Purposes-2010 (the "Note"), of the Town, and at
all times subsequent thereto up to and including September 2, 2010, the date of delivery of the
Note, the attached Official Statement of the Town did not and does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make the statements
therein, in the light of the circumstances under which they were made, not misleading. In
addition, I FURTHER CERTIFY that there has been no adverse material change in the financial
condition of the Town since August 17, 2010.
Insofaz as any statements made in said Official Statement involve matters of
opinion, estimates or statements as to matters not contained in or derived from the official
records of the Town, whether or not expressly stated, they aze set forth as such and not as
representations of fact by the Town, and no representation is made that any of the estimates or
anticipated events will be realized. The Official Statement is not to be construed as a contract or
agreement with the beneficial owners of the Note.
IN WITNESS WHEREOF, I have hereunto set my signature and affixed the
corporate seal of the Town as of the 2nd day of
September, 2010
(SEAL) C~
Supervisor
• RECEIVED
~2~
DELAFIELD&N/OOD~~P Q~T t 6 2008
Southold Town Cterk
PHONE (212) 020-9300 ONE CHASE MANHATTAN PLAZA NEW YORK
FAX (212) 514-8425 NEW YORK, NY 10005 WASHINGTON
W W W. HAWKINS.COM NEWARK
HARTFORD
LOS ANGELES
SACRAMENTO
SAN FRANCISCO
Writer's direct contact:
Phone: 212-820-9416
Fax: 212-820-9651
E-mail: gfernandez@hawkins.com
October 14, 2008
Town of Southold, New York
Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation 2615/31686
Ms. Lynda M. Rudder
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Deaz Ms. Rudder:
Thank your for your letter dated October 9t1i enclosing an original of the Notice of
Public Heazing held on June 3`d of this yeaz.
I have made a copy of the Notice and included it in our records; the original is
returned herewith.
Again, thanking you and with kind regards, 1 remain
S~ ere ,
i
erazd Fernandez,
GFjr/jc
551253.1 031686 LTR
apF SO(/J~,
ELIZABETH A. NEVILLE Ol0 Town Hall, 53095 Main Road
TOWN CLERK l~ P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ^ ~ Southold, New York 11971
MARRIAGE OFFICER G Q Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER ~lifCOU'M southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 9, 2008
Ibwn of Southold, New York
' Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 2615/31686
Mr. Gerard Fernandez, Jr.
Ilawkins, DelaYield & Woods, LLP
One Chase Manhattan Plaza '
New York. NY 10005
Dear Mr. Fernandez:
Enclosed tind an original Notice of Public Hearing, as mailed for the above referenced
bond for you records.
[f there is anything else you need for your records at this time, please call me.
Very truly yours,
~ m
Lynda M Rudder
Deputy Town Clerk
Encs.
Cc: Town Attorney
DELAFIELD &~NOOD LLP
PHONE (212)820-9300 ONE CHASE MANHATTAN PLAZA NEW YORK
FAX (212) 514-8425 NEW YORK, NY 10005 WASHINGTON
WWW.HAWKINS.COM NEWARK
RECEIVED HARTFORD
LOS ANGELES
SACRAMENTO
SAN FRANCISCO
Writer's direct contact:
Phone: 212-820-9416 QCI ' 6 2008
Fax: 212-820-9651
E-mail: gfernandez@hawkins.com Southold Town Cferk
October 3, 2008
• Town of Southold, New York
Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 26 1 5/3 1 686
Ms. Lynda M. Rudder
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Deaz Ms. Rudder:
Thank your for your letter dated September 17a' enclosing the Affidavit of
• Mailing.
May I ask that you send me a copy of the Notice of Public Heazing,. as mailed, in
order that it may be included with the Affidavit in our records. lot9'o8 .Qas.~-
Thanking you and with kind regazds, I remain
nce
r~" ,
Gerazd Fernandez, Jr.
GFjr/jc
550739.] 031686 LTR
• LEGAL NOTICE •
NOTICE OF PUBLIC HEARING
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold ("Town"), Suffolk County, New
York, on ttye 3rd day of June, 2008, to consider the increase and improvement of the facilities of the Southold Solid Waste Management
District ("District described as (i) to improve the existing Transfer Station within the District by constructing an overhead garage door
addition to the southwest side of the transfer station, at the estimated maximum cost of 5180500 (the "Transfer Station Improvements"),
and (ii) to acquire various equipment, including a trammel screening plant, a compost bagger and shelter, afront-end wheel loader and
a walking floor transfer trailer, for use by the District, at the estimated maximum cost of $669,500 (the "Equipment Acquisitions" and
together with the Transfer Station Improvements, the "Project'). "Che estimated total cost of the Project is $850,000, including prelimi-
nary costs and costs incidental thereto and to the financing thereof; provided that grant funds may be received from the United States of
America, the State oC Ncw York or any other available sources to pay a part of some of such said costs.
Pursuant to the Ncw York State Environmental Quality Review Act ("SEQRA") the Board, as Lead Agency, has determined that
the Project is a Type ? Action, no further review is required and/or other applicable documentation has been issued and filed in the
office of the Town Clerk
NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold, New York, at
4:35 P.M. (Prevailing Time), on June 3, 2008, for the purpose of conducting a public hearing to consider the Project, as hereinabove
described.
At said public healing, the Town Board will hear all persona interested in said subject matter thereof concerning the same.
Dated: May 6. ?008
BY ORDF,R OF THE TOWN BOARD OF THF. TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATF, OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
• • Standard
Southold Town Clerk US Postage
PAIp
p,~. BOX 1179 Permit q23
Southold, NY 11971 coram, rvv
Lynda Bohn T10/P203
95 Terry Ct
Southold, NY 11971-3079
gu s~~r rr~~~e~u~n r~~u~~n~~i~~m ~r n ~~a~u ~~~m ~r~~~u ~r~
~OF SOUjy
ELIZABETH A. NEViLLE ~ Town Hall, 53095 Main Road
TOWN CLERK ~ ~ P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ~ ~ Southold, New York 11971
MARRIAGE OFFICER G Q Fax (631) 766-6145
RECORDS MANAGEMENT OFFICER ~ p~ Telephone (631) 785-1800
FREEDOM OF INFORMATION OFFICER ~liyCOU,M N~ southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 17, 2008
Town of Southold, New York
• Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 2615/31686
Mr. Gerard Fernandez, Jr.
Hawkins, Delafield & Woods, LLP
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Fernandez:
Enclosed find the affidavit of mailing for the above referenced bond for you records.
If there is anything else you need for your records at this time, please call me.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Encs.
Cc: Town Attorney
AFFIDAVIT OF MAILING
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
CARMINE ARPA[A, being duly sworn upon his oath deposes and says:
That on the ~~day of ~ , 2008, he mailed or caused to be mailed,
by first class mail, a copy of the Notice of Pubing to be held on June 3, 2008, a true and
• complete copy of which is annexed hereto and made a part hereof, to each owner of property
benefited by the improvements referred to in said Notice as shown upon the assessment roll of
said Town.
IN WITNESS WHEREOF, I have hereunto set my hand and _a'ffi/xe'd the
orpo~ se~f said Town this a ~ay of
2008.
(SEAL) '~Q
armine Arpaia
Subscribed and sworn to before me
this day~f-ArSt~~00~
Notary Public, State of New York
ELAINE T. VILLANO
Notary Public, State of New York
No. 01VI6029229, Suffolk County
Commission Expires Auq. 9, ~I
D
#8884
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
26th day of June. 2008.
u.«--- ~..'r'`~
~~/1 Principal Clerk
Sworn to before me this v`~ day of 2008
A Complete copy of the Bond Reso- J~~
lotion summarized above shall be avail- E
able for public inspection during normal CHRISTINA VOLINSKI
business hours at the office of [he Town
Clerk, Town Hall, 5583 Main Street, NOTARY PUBLIC-STATE OF NEW YORK
Southold, New York. No. 01-V061050b0
'Ote bond resolution was adopted on
Jnne n,zaos. 9ualttled In Sutlolk County
Dated: 7unc 17,2008 My CommUdpn ixPlrH F~btuary 48, Y012
Southold, New York
BY ORDER OF THE TOWN BOARD
LEGAL NOTICE OF THE TOWN OF SOUTHOLD,
The resolution, a summary of which is COUNTY OF
published herewith, hasbeen adopted on SUFFOLK, STATE OF NEW YORK
the 17th day of June.2008, and [he valid- Elizabeth A. Neville
ity of the obligations authorized by such Southold Town Clerk
resolution may be hereafter contested 88&1-1T 6/26
only if such obligations were an[hociaed
for an object or purpose for which the
Town of Southold, in the County oC
Suffolk, New York is not authorized to
expend money or if [he provisions of
law which should have been complied
with as of the date of publication of this
notice were not wbstantially compbed
with, and an action, suit or proceeding
contesting such validity is commenced
within twenty days after the publication
of [his notice, or such obligations were
authorized in violation of the provisions
of the constitution.
Dated_Iune 17,2(108
Southold, New York
BY ORDER OF
THE TOWNBOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville, Town Clerk
BOND RESOLUTION OF THE
TOWN OF SOUTHOLD,NEW YORK,
ADOPTED TUNE 17, 2008, APPRO-
n82d@iir~RU''e &3AYcnd whee°I lower, €or
use by [he District,at the estimated max-
imum cost of $590,000 (the "ProjecP').
The estimated total cos[ of [he project is
5590,000 including preliminary costs and
costs incidental [hereto and the finano-
ing [hereof
The amount of obligations to be is-
sued is $590,000.
The periods of probable usefulness of
the Project is fifteen (15) years.
DELAFIELD&WOODL~P
RECEIVED
PHONE (212) H2O-9300 ONE CHASE MANHATTAN PL. i 111 _ ~ ~ NEW TORK
FAX (2121514-8425 NEW YORK, NY 10005 llL WASHINGTON
Writer's direct contact. WWW'HAWKINS.COM NEWraRK
HARTFORD
Phone: 212-820-9416 ~oSA"°E~ES
Southold Town Clerk SACRAMENT°
Fax: 212-820-9651 SAN FRANCISCO
E-mail: gfernandez@hawkins.com
July 2, 2008
Town of Southold, New York
Increase and Improvement of Facilities
• of the Southold Solid Waste Management District
Our File Designation: 2615/31686
Ms. Lynda M. Bohn
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Deaz Ms. Bohn:
Thank your for your letter dated June 25`h enclosing the certified copies of the
Resolution and Order After Public Hearing with proof of timely filing with the Suffolk County
Clerk's Office and the Bond Resolution.
• These items of proof have been included in our records.
Again thanking you and with kind regards, I remain
ere
ya;~
erazd Fernandez, Jr.
GFjr/jc
545736_] 031686 LTR
DELAFIELD&WOOD~~P
RECEIVED
PHONE (212) H2O-9300 ONE CHASE MANHATTAN PLAZA ~I ~ NEW YORK
FAX (212) 514-8425 NEW YORK, NY 10005 L W WASHINGTON
WWW.HAWNINS.COM NEWARH
HARTFORD
LOS ANGELES
Southold Town Clark SACRAMENTO
Writer's direct contact: SAN FRA"°s~o
Phone: 212-820-9416
Fax: 212-820-9651
E-mail: gfernandez@hawkins.com
June 25, 2008
• Town of Southold, New York
Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 261 5/3 1 686
Ms. Lynda M. Bohn
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Dear Ms. Bohn:
Thank your for your recent letter enclosing the several items of proof with respect
to the above referenced proceeding.
• Each of these items of proof have been included in our records.
Again thanking you and with kind regazds, I remain
S~ cere ,
Gerard Fernandez
GFjr/jc
545300.1 031686 LTR
DELAFIELD&WOOD~~P RECEIVED
JUN 2 3 2008
PHONE (212) 820-9300 ONE CHASE MANHATTAN PLPZA NEW YORK
EAX (2121514-8425 NEW YORK, NY 10005 WASHINGTON
WWW.HAWKINS.COM NEWiaRN
Southold Town Clark HARTFOao
Los ANGELES
SACRAMENTO
Wrlter'S dlreet COntaet. SAN FRANCISCO
Phone: 212-820-9416
Fax: 212-820-9651
E-mail: gfernandez@hawkins.com
June 19, 2008
• Town of Southold, New York
$75,000 Serial Bonds for Tax Collection SoRwaze
of the Southold Solid Waste Management District
Our File Designation: 26 1 5/3 1 832
Ms. Lynda M. Bohn
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Dear Ms. Bohn:
Thank your for your letter dated May 29a' enclosing the several items of proof
referred to in the letter.
• Each of these proofs have been included in our records.
Again thanking you and with kind regards, I remain
erazd Fernandez~r.
GFjr/jc
544959.1 031686 LTR
DELAFIELD &WOOD~~P
RECEIVED
PHONE (22) 620-9300 ONE CHASE MANHATTAN PLAZA JUN 2 3 2008 NEW YORK
FAX (212) 514-8425 NEW YORK, NY 10005 WASHINGTON
WWW.HAWKINB.COM NEWARK
HARTFORD
LOS ANGELES
Southold Wn SACRAMENTO
To Clxrk ~N FRAN CiSCO
Writer's direct contact:
Phone: 212-820-9416
Fax: 212-820-9651
E-mail: gfernandez@hawkins.com
Tune 19, 2008
• Town of Southold, New York
Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 26 1 5/3 16 8 6
Ms. Lynda M Bohn
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Dear Ms. Bohn:
Thank your for your letter dated May 29`h enclosing the Affidavit of Publication
• and a copy of the Notice that was mailed to the property owners in the District.
Each of these items of proof have been included in our record of proceedings.
We await the Affidavit of Mailing.
Again thanking you and with kind regards, I remain
Si
4
erazd Fernandez Jr.
GFjr/jc
cc: Patricia Finegan
Town Attorney
544959.1 031686 L1R
~pF SOUlh,
ELIZABETH A. NEVILLE h0~ Ol0 Town Hall, 53095 Main Road
TOWN CLERK yy P.O. Box 1179
REGISTRAR OF VITAL STATISTICS T ~ Southold, New York 11971
MARRIAGE OFFICER G Q Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER li('COU,M N(~, southoldtown.northfork.net
OFFICE OF THUE TOWN CLERK
TOWN OF SOUTHOLD
June 25, 2008
Town of Southold, New York
• Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 2615/31686
Mr. Gerard Fernandez, Jr.
Hawkins, Delafield & Woods, LLP
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Fernandez:
Enclosed find the certified resolution and order after public hearing, the certified bond
resolution, and a certified copy that was filed with the Suffolk County Clerks office.
If there is anything else you need for your records at this time, please call me.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Encs.
Cc: Town Attorney
LEGAL NOTICE
The resolution, a summary of which is published herewith, has been
adopted on the 17th day of June, 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.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
• Dated: June 17, 2008
Southold, New York Elizabeth A. Neville
Town Clerk
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,
NEW YORK, ADOPTED JUNE 17, 2008,
APPROPRIATING $590,000 FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE SOUTHOLD
SOLID WASTE MANAGEMENT DISTRICT, IN SAID
TOWN, AND AUTHORIZING THE ISSUANCE OF
$590,000 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION
• The object or purpose for which the bonds are authorized is the increase and
improvement of facilities of the Southold Solid Waste Management District, described as
the acquisition of various equipment, including a trammel screening plant, a compost
bagger and shelter, and afront-end wheel loader, for use by the District, at the estimated
maximum cost of $590,000 (the "Project'). The estimated total cost of the project is
$590,000 including preliminary costs and costs incidental thereto and the financing
thereof
The amount of obligations to be issued is $590,000.
The periods of probable usefulness of the Project is fifteen (15) years.
A complete copy of the Bond Resolution summarized above shall be available for public
inspection during normal business hours at the office of the Town Clerk, Town Hall,
5583 Main Street, Southold, New York.
The bond resolution was adopted on June 17, 2008.
Dated: June 17, 2008
Southold, New York
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH ON JUNE 26, 2008 AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
PO BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Comptroller Hawkins, Delafield & Wood SWMD
Town Clerk Bulletin Board
•
•
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the ~ day of , 2008, she affixed a
notice of which the annexed printed notice is a true copy, in 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.
Southold Waste Management Bond adopted Legal Notice 6/26/08
•
'~L"
izabeth A. Neville
Southold Town Clerk
Sworn before me this
a(n day of _~ir4~ , 2008.
otary Public
• LYNDA M. BOHN
NOTARY PUBLIC, State of New York
No. 01606020932
Qualified in Suffolk Coun
Term Expires March 8, 20
At a regular meeting of the
Town Board of the Town of
Southold, in the County of
Suffolk, New York, held at
the Town Hall, 53095 Main
Road, Southold on the 17th
day of June, 2008.
PRESENT:
w.
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson -_;,;7
Albert J. Krupski, Jr., Councilperson
In the Matter
of the
Increase and Improvement of Facilities of the Southold Solid
Waste Management District, in the Town of Southold, in the
County of Suffolk, New York, pursuant to Section 202-b of
the Town Law
• Offered by: Councilman William Ruland
Seconded by: Councilman Thomas H. Wickham
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein called the
"Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf
of the Southold Solid Waste Management District (herein the "District"), has determined
that it is in the best interests of the Town to acquire various equipment, including a
trommel screening plant, a compost bagger and shelter, and afront-end wheel loader (the
"Project"), for use by the District, at the estimated total cost of $590,000, including
preliminary costs and costs incidental thereto and to the financing thereof; and
WHEREAS, the Town Board adopted an Order describing in general
terms the proposed increase and improvement of facilities, specifying the estimated cost
thereof, and ordering that the Town Board shall meet to hear all persons interested in said
increase and improvement of facilities on June 3, 2008 at 4:35 o'clock P.M. (Prevailing
Time) at the Town Hall, 53095 Main Road, Southold, New York; and
• WHEREAS, a Notice of such public hearing was duly published and
posted pursuant to the provisions of Article 12 of the Town Law and mailed by Firs[
Class Mail to each owner of taxable property in the District; and
WHEREAS, such public hearing was duly held by the Town Board on the
3rd day of June, 2008 at 4:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095
Main Road, Southold, New York, with considerable discussion on the matter having been
had and all persons desiring to be heard having been heard, including those in favor of
• and those in opposition to said increase and improvement of such facilities; and
Now, therefore, it is hereby
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described, at the estimated total cost of $590,000;
and it is hereby
ORDERED, that the facilities of the District shall be so increased and
improved and that, if necessary, the Town Board shall prepare plans and specifications
and make a careful estimate of the expense for said increase and improvement of such
facilities and, with the assistance of the Town Attorney, shall prepare a proposed contract
for such increase and improvement of facilities of the District, which plans and
specifications, estimate and proposed contract shall be presented to the Town Board as
soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and
improvement of facilities shall be financed by the issuance of $590,000 bonds of the
Town, and the cost of said increase and improvement of facilities, including payment of
principal of and interest on said bonds, shall be paid in the District by the assessment,
• levy and collection of assessments upon the several lots and parcels of land within the
District which the Town Board shall deem especially benefited thereby, so much upon
and from each as shall be in just proportion to the amount of benefit which the
improvement shall confer upon the same and, it is hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be
recorded, a certified copy of this Resolution and Order Afrer Public Hearing in the office
of the Clerk of Suffolk County within ten (10) days after adoption thereof.
DATED: JUNE 17, 2008
(SEAL)
TOWN BOARD OF THE TOWN OF
SOUTHOLD
The adoption of the foregoing Resolution and Order was duly put to a vote
on roll call, which resulted as follows:
Supervisor Russell voting: Yes
Justice Evans voting: Yes
Councilperson Ruland voting: Yes
Councilperson Wickham voting: Yes
Councilperson Orlando voting: Yes
Councilperson Krupski voting: Yes
The Resolution and Order were declared adopted.
CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suffolk, New York, HEREBY CERTIFY that I have compared the preceding
Resolution and Order After Public Hearing with the original thereof filed in my office on the
17`n day of June, 2008 and the same is a true and correct copy of said original and of the
whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
• corporate seal of said Town this 17`n day of June
2008..
(SEAL) ~
Town Clerk
Y
~oira,,°0,
RESOLUTION 2008-583
ADOPTED DOC ID: 3956
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-583 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 17, 2008:
At a regular meeting of the Town
Board of the Town of Southold, in
the County of Suffolk, New York,
held at the Town Hall, 53095 Main
Road, Southold on the 17th day of
June, 2008.
• PRESF,NT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
In the Matter
• of the
Increase and Improvement of Facilities of the Southold Solid
Waste Management District, in the Town of Southold, in the
County of Suffolk, New York, pursuant to Section 202-b of
the Town Law
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein called the "Town
Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the
Resolution 2008-583 Board Meeting of June 17, 2008
Southold Solid Waste Management District (herein the "District"), has determined that it is in
the best interests of the Town to acquire various equipment, including a trommel screening plant,
a compost bagger and shelter, and afront-end wheel loader (the "Project"), for use by the
District, at the estimated total cost of $590,000, including preliminary costs and costs incidental
thereto and to the financing thereof; and
WHEREAS, the Town Board adopted an Order describing in general terms the
proposed increase and improvement of facilities, specifying the estimated cost thereof, and
ordering that Che Town Board shall meet to hear all persons interested in said increase and
improvement of facilities on June 3, 2008 at 4:35 o'clock P.M. (Prevailing Time) at the Town
• Hall, 53095 Main Road, Southold, New York; and
WHEREAS, a Notice of such public hearing was duly published and posted
pursuant to the provisions of Article 12 of the Town Law and mailed by First Class Mail to each
owner of taxable property in the District; and
WHEREAS, such public hearing was duly held by the Town Board on the 3rd day
of June, 2008 at 4:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road,
Southold, New York, with considerable discussion on the matter having been had and all persons
• desiring to be heard having been heard, including those in favor of and those in opposition to
said increase and improvement of such facilities; and
Now, therefore, it is hereby
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described, at the estimated total cost of $590,000; and it is
hereby
ORDERED, that the facilities of the District shall be so increased and improved
and that, if necessary, the Town Board shall prepare plans and specifications and make a careful
Updated: 6/18/2008 5;21 PM by Elizabeth Neville Page 2
Resolution 2008-583 Board Meeting of June 17, 2008
estimate of the expense for said increase and improvement of such facilities and, with the
assistance of the Town Attorney, shall prepare a proposed contract for such increase and
improvement of facilities of the District, which plans and specifications, estimate and proposed
contract shall be presented to the Town Board as soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of
facilities shall be financed by the issuance of $590,000 bonds of the Town, and the cost of said
increase and improvement of facilities, including payment of principal of and interest on said
bonds, shall be paid in the District by the assessment, levy and collection of assessments upon
the several lots and parcels of land within the District which the Town Board shall deem
• especially benefited thereby, so much upon and from each as shall be in just proportion to the
amount of benefit which the improvement shall confer upon the same and, it is hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a
certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of
Suffolk County within ten (10) days after adoption thereof.
DATED: JUNE 17, 2008
(SEAL)
The Resolution and Order were declared adopted.
r~~~'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED ]UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Updated: 6/18/2008 5:21 PM by Elizabeth Neville Page 3
~ ~,4_4~).~.
Southold 'T'own Board -Letter Board Meeti~hg of June 17, 2008
~y""Wf1IX-{ h„~
Id~'®~~ RESOLUTION 2008-583 Item #
ADOPTED DOC ID: 3956
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-583 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 17, 2008:
At a regular meeting of the Town
Board of the Town of Southold, in
the County of Suffolk, New York,
held at the Town Hall, 53095 Main
• Road, Southold on the 17th day of
June, 2008.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
• In the Matter
of the
Increase and Improvement of Facilities of the Southold Solid
Waste Management District, in the Town of Southold, in the
County of Suffolk, New York, pursuant to Section 202-b of
the Town Law
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein called the "Town
Generated June ] 9, 2008 Page 8
Southold Town Board -Letter Board Meeting of June 17, 2008 ~
Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the
Southold Solid Waste Management District (herein the "District"), has determined that it is in
the best interests of the Town to acquire various equipment, including a trommel screening plant,
a compost bagger and shelter, and afront-end wheel loader (the "Project"), for use by the
District, at the estimated total cost of $590,000, including preliminary costs and costs incidental
thereto and to the financing thereof; and
WHEREAS, the Town Board adopted an Order describing in general terms the
proposed increase and improvement of facilities, specifying the estimated cost thereof, and •
ordering that the Town Board shall meet to hear all persons interested in said increase and
improvement of facilities on June 3, 2008 at 4:35 o'clock P.M. (Prevailing Time) at the Town
Hall, 53095 Main Road, Southold, New York; and
WHEREAS, a Notice of such public hearing was duly published and posted
pursuant to the provisions of Article 12 of the Town Law and mailed by First Class Mail to each
owner of taxable property in the District; and
WHEREAS, such public hearing was duly held by the Town Board on the 3rd day
of June, 2008 at 4:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, •
Southold, New York, with considerable discussion on the matter having been had and all persons
desiring to be heard having been heard, including those in favor of and those in opposition to
said increase and improvement of such facilities; and
Now, therefore, it is hereby
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described, at the estimated total cost of $590,000; and it is
hereby
Generated June 19, 2008 Page 9
~ Southold Town Board -Letter Board Meeting of June 17, 2008
ORDERED, that the facilities of the District shall be so increased and improved
and that, if necessary, the Town Board shall prepare plans and specifications and make a careful
estimate of the expense for said increase and improvement of such facilities and, with the
assistance of the Town Attorney, shall prepare a proposed contract for such increase and
improvement of facilities of the District, which plans and specifications, estimate and proposed
contract shall be presented to the Town Board as soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of
• facilities shall be financed by the issuance of $590,000 bonds of the Town, and the cost of said
increase and improvement of facilities, including payment of principal of and interest on said
bonds, shall be paid in the District by the assessment, levy and collection of assessments upon
the several lots and parcels of land within the District which the Town Board shall deem
especially benefited thereby, so much upon and from each as shall be in just proportion to the
amount of benefit which the improvement shall confer upon the same and, it is hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a
certified copy of this Resolution and Order Afrer Public Hearing in the office of [he Clerk of
Suffolk County within ten (10) days after adoption thereof.
DATED: JUNE 17, 2008
(SEAL)
The Resolution and Order were declared adopted.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Thomas H. Wickham, Councilman
Generated June 19, 2008 Page ] 0
Southold Town Board -Letter Board Meeting of June 17, 2008 ~
AYES: Ruland, Orlando, Krupski ]r., Wickham, Evans, Russell
•
•
Generated June 19, 2008 Page 11
l
A.
y
Southold Town Board -Letter Board Meeting of June 17, 2008
a~ ~ RESOLUTION 2008-626 Item #
a"~'~+i`~~~ ADOPTED DOC ID: 4003
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-626 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 17, 2008:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JUNE 17, 2008, APPROPRIATING $590,000
FOR THE INCREASE AND IMPROVEMENT OF FACILITIES
• OF THE SOUTHOLD SOLID WASTE MANAGEMENT
DISTRICT, IN SAID TOWN, AND AUTHORIZING THE
ISSUANCE OF $590,000 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION
Recital
WHEREAS, the Town Board of the Town of Southold (herein called the
"Town"), in the County of Suffolk, New York, after a public hearing duly called and held, has
determined that iC is in the public interest to increase and improve the facilities of the District,
and ordered that such facilities be so increased and improved;
• Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than hvo-
thirds of all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $590,000 for the
increase and improvement of facilities of the District, described as the acquisition of various
equipment, including a trammel screening plant, a compost bagger and shelter, and afront-end
wheel loader, for use by the District, at the estimated maximum cost of $590,000 (the "Project").
The plan of financing includes the issuance of not to exceed $590,000 serial bonds of the Town
to finance said appropriation and the assessment, levy and collection of assessments from the
several lots and parcels of land within the District which the Town Board shall deem especially
Generated June 19, 2008 Page 5(
Southold Town Board -Letter Board Meeting of June 17, 2008 ~
benefited by said facilities so much upon and from each as shall be in just proportion to the
amount of benefit which the improvement shall confer upon the same, to pay the principal of and
interest on said bonds.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the
principal amount of not to exceed $590,000 pursuant to the provisions of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the
"Law"), to finance said appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the Project, the object or purpose for
which said $590,000 bonds are authorized are to be issued, within the limitations of Section •
1 I.00 a. 28 of the Law, is fifteen (15) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made
after the effective date of this resolution, or for expenditures made on or before the effective date
of this resolution if a prior declaration of intent to issue bonds has been made. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury Department.
(c) The proposed maturity of the 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 said bonds shall contain the recital of validity
prescribed by Section 52.00 of the Law, and said bonds and any notes issued in anticipation of
said bonds shall be general obligations of the Town, payable as to both principal and interest by a
general tax upon all the taxable real property within the Town without limitation as to rate or
amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any notes issued in anticipation of the
sale of said bonds and provision shall be made annually in the budget of the Town by
appropriation for (a) the amortization and redemption of the bonds and any notes issued in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
Generated June 19, 2008 Page 57
' Southold Town Board -Letter Board Meeting of June 17, 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 Section 50.00 and Sections 56.00 to
60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and
relative to executing contracts for credit enhancements and providing for substantially level or
declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of
the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any
notes issued in anticipation of said bonds, 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 shall take effect immediately and the Town Clerk
is hereby authorized and directed to publish the foregoing bond resolution, in summary, as set
forth in Exhibit "A" herein, in the "Suffolk Times," a newspaper published in Mattituck, in the
Town, and having a general circulation in said Town, which newspaper is hereby designated as
the official newspaper of the Town for such publication, together with the Town Clerk's
statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of
Generated June 19, 2008 Page 58
Southold Town Board -Letter Board Meeting of June 17, 2008
New York.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski )r., Wickham, Evans, Russell
•
•
Generated June 19, 2008 Page 59
At a regular meeting of the Town
Board of the Town of Southold, in
the County of Suffolk, New York,
held at the Town Hall, 53095 Main
Road, Southold on the 17th day of
June, 2008.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
"Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
In the Matter
of the
Increase and Improvement of Facilities of the Southold Solid
Waste Management District, in the Town of Southold, in the
County of Suffolk, New York, pursuant to Section 202-b of
the Town Law
Offered by:
• Seconded by:
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein called the "Town
Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the
Southold Solid Waste Management District (herein the "District"), has determined that it is in
the best interests of the Town to acquire various equipment, including a trommel screening plant,
544798.1 031686 RFS
a compost bagger and shelter, and afront-end wheel loader (the "Project"), for use by the
District, at the estimated total cost of $590,000, including preliminary costs and costs incidental
thereto and to the financing thereof; and
WHEREAS, the Town Board adopted an Order describing in general terms the
proposed increase and improvement of facilities, specifying the estimated cost thereof, and
ordering that the Town Board shall meet to hear all persons interested in said increase and
improvement of facilities on June 3, 2008 at 4:35 o'clock P.M. (Prevailing Time) at the Town
Hall, 53095 Main Road, Southold, New York; and
• WHEREAS, a Notice of such public hearing was duly published and posted
pursuant to the provisions of Article 12 of the Town Law and mailed by First Class Mail to each
owner of taxable property in the District; and
WHEREAS, such public hearing was duly held by the Town Board on the 3rd day
of June, 2008 at 4:35 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road,
Southold, New York, with considerable discussion on the matter having been had and all persons
desiring to be heard having been heard, including those in favor of and those in opposition to
• said increase and improvement of such facilities; and
Now, therefore, it is hereby
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described, at the estimated total cost of $590,000; and it is
hereby
ORDERED, that the facilities of the District shall be so increased and improved
and that, if necessary, the Town Board shall prepare plans and specifications and make a careful
estimate of the expense for said increase and improvement of such facilities and, with the
544798.1031686 RF.S
assistance of the Town Attorney, shall prepare a proposed contract for such increase and
improvement of facilities of the District, which plans and specifications, estimate and proposed
contract shall be presented to the Town Board as soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of
facilities shall be financed by the issuance of $590,000 bonds of the Town, and the cost of said
increase and improvement of facilities, including payment of principal of and interest on said
bonds, shall be paid in the District by the assessment, levy and collection of assessments upon
the several lots and parcels of land within the District which the Town Board shall deem
• especially benefited thereby, so much upon and from each as shall be in just proportion to the
amount of benefit which the improvement shall confer upon the same and, it is hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a
certified copy of this Resolution and Order Afrer Public Hearing in the office of the Clerk of
Suffolk County within ten (10) days afrer adoption thereof.
•
544798) 031686 RGS
DATED: JUNE 17, 2008
(SEAL)
TOWN BOARD OF THE TOWN OF SOUTHOLD
The adoption of the foregoing Resolution and Order was duly put to a vote on roll
call, which resulted as follows:
Supervisor Russell voting
Justice Evans voting
• Councilperson Ruland voting
Councilperson Wickham voting
Councilperson Orlando voting
Councilperson Krupski voting
The Resolution and Order were declared adopted.
544798.1 031686 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 June 17, 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 17°i
day of June, 2008.
(SEAL) Elizabeth A. Neville, Town Clerk
Town of Southold
544798.1 031686 Ri:S
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JUNE 17, 2008, APPROPRIATING $590,000
FOR THE INCREASE AND IMPROVEMENT OF FACILITIES
OF THE SOUTHOLD SOLID WASTE MANAGEMENT
DISTRICT, IN SAID TOWN, AND AUTHORIZING THE
ISSUANCE OF $590,000 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION
Offered by:
Seconded By:
Recital
WHEREAS, the Town Board of the Town of Southold (herein called the
"Town"), in the County of Suffolk, New York, after a public hearing duly called and held, has
determined that it is in the public interest to increase and improve the facilities of the District,
and ordered that such facilities be so increased and improved;
Now, therefore, be it
• RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-
thirds of all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $590,000 for the
increase and improvement of facilities of the District, described as the acquisition of various
equipment, including a trammel screening plant, a compost bagger and shelter, and afront-end
wheel loader, for use by the District, at the estimated maximum cost of $590,000 (the "Project").
The plan of financing includes the issuance of not to exceed $590,000 serial bonds of the Town
544798) 031686 RHS
to finance said appropriation and the assessment, levy and collection of assessments from the
several lots and parcels of land within the District which the Town Board shall deem especially
benefited by said facilities so much upon and from each as shall be in just proportion to the
amount of benefit which the improvement shall confer upon the same, to pay the principal of and
interest on said bonds.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the
principal amount of not to exceed $590,000 pursuant to the provisions of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the
"Law"), to finance said appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the Project, the object or purpose for
which said $590,000 bonds are authorized are to be issued, within the limitations of Section
11.00 a. 28 of the Law, is fifteen (15) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
• issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made
afrer the effective date of this resolution, or for expenditures made on or before the effective date
of this resolution if a prior declaration of intent to issue bonds has been made. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury Department.
(c) The proposed maturity of the bonds authorized by this resolution will exceed
tive (5) years.
544798.1 031686 Rt:S
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of said bonds shall contain the recital of validity
prescribed by Section 52.00 of the Law, and said bonds and any notes issued in anticipation of
said bonds shall be general obligations of the Town, payable as to both principal and interest by a
general tax upon all the taxable real property within the Town without limitation as to rate or
amount. 7'he faith and credit of the Town are hereby irrevocably pledged to the punctual
payment of the principal of and interest on said bonds and any notes issued in anticipation of the
sale of said bonds and provision shall be made annually in the budget of the Town by
• appropriation for (a) the amortization and redemption of the bonds and any notes issued in
anticipation thereof to mature in such year and (b) the payment of interest to be due and payable
in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds
with substantially level or declining annual debt service, Section 30.00 relative to the
authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to
• 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and
relative to executing contracts for credit enhancements and providing for substantially level or
declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of
the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any
notes issued in anticipation of said bonds, may be contested only if:
544798.1 031686 RFS
(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 shall take effect immediately and the Town Clerk
• is hereby authorized and directed to publish the foregoing bond resolution, in summary, as set
forth in Exhibit "A" herein, in the "Suffolk Times," a newspaper published in Mattituck, in the
Town, and having a general circulation in said Town, which newspaper is hereby designated as
the official newspaper of the Town for such publication, together with the Town Clerk's
statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of
New York.
•
544798.1 031686 RF,S
The adoption of the foregoing Resolution was duly put to a vote on roll call,
which resulted as follows:
Supervisor Scott A. Russell voting
Justice Louisa P. Evans voting
Councilwoman William P. Ruland voting
Councilman Thomas H. Wickham voting
Councilman Vincent M. Orlando voting
Councilman Albert J. Krupski, Jr. voting
• The Resolution was declared adopted.
•
544798.1 031686 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, duly called and held on June 17, 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.
IIv WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town this 17~h day of June,
2008.
(SF,AL) Elizabeth A. Neville, Town Clerk
Town of Southold
•
544798.1 031686 RI:S
(NOTICE TO BE ATTACHED TO AND PUBLISHED WITH
SUMMARY OF BOND RESOLUTION AFTER ADOPTION)
NOTICE
The resolution, a summary of which is published herewith, has been adopted on
the 17th day of June, 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.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Dated: June 17, 2008
Southold, New York
• Elizabeth A. Neville
Town Clerk
544798, 1031656 Rr:S
Exhibit A
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JUNE 17, 2008, APPROPRIATING $590,000
FOR THE INCREASE AND IMPROVEMENT OF FACILITIES
OF THE SOUTHOLD SOLID WASTE MANAGEMENT
DISTRICT, IN SAID TOWN, AND AUTHORIZING THE
ISSUANCE OF $590,000 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION
The object or purpose for which the bonds are authorized is the increase and improvement of
facilities of the Southold Solid Waste Management District, described as the acquisition of
various equipment, including a trammel screening plant, a compost bagger and shelter, and a
front-end wheel loader, for use by the District, at the estimated maximum cost of $590,000 (the
"Project"). The estimated total cost of the project is $590,000 including preliminary costs and
costs incidental thereto and the financing thereof
The amount of obligations to be issued is $590,000.
The periods of probable usefulness of the Project is fifteen (15) years.
A complete copy of the Bond Resolution summarized above shall be available for public
inspection during normal business hours at the office of the Town Clerk, Town Hall, 5583 Main
Street, Southold, New York.
The bond resolution was adopted on June 17, 2008.
Dated: June 17, 2008
Southold, New York
•
544798.1 031686 RHS
ELIZABETH A. NEVILLE O~~Of SOpTyol Town Hall, 53095 Main Road
TOWN CLERK ~ ~ P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ~ ~ Southold, New York 11971
u+ ~e Fax (631) 765-6145
MARRIAGE OFFICER G Q
RECORDS MANAGEMENT OFFICER ~ ~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER ~IiYCOU,M southoldtown.northfork.net
OFFICE OF THE `TOWN CLERK
TOWN OF SOUTHOLD
May 29, 2008
Town of Southold, New York
• Increase and Improvement of Facilities
Of the Southold Solid Waste Management District
Our File Designation: 2615/31686)
Mr. Gerard Fernandez, Jr.
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Fernandez, Jr.:
Enclosed are the affidavit of publication from the Suffolk Times, and a copy of the notice
that was mailed to the property owners in the district. The affidavit of mailing will be
• sent as soon as it is received.
Please let me know if there is anything else for you files you need.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Enc
cc: Town Attorney
file
#ss2o
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 2 week(s), successively, commencing on the
15th day of May, 2008.
mss/
~ ~ Principal Clerk
Sworn to before me this day of 2008
I.YGAI.NOTN'E V t V V V~ ,
N077CE OF PUELH; HTEARWG .~HRISTINA VOLINSKI
JUNE 3,2M6
WHEREAS, it has been determined "NOTARY PUBLIC-STATE OF NEW VORK
by the Town Board ([he "Board") of the N O. 01-Y06105050
Town of Southold ("Town"), Suffolk
CounTy, New York, on the 3rd day of '~uOlHied In Suffolk COUOty
June, 2008, [o consider the increase `r-~~n FX17lres February 28, 20'IZ
and improvement of the factlities of
the Southold Solid Waste Management
District ("District"), described as (i) to
improve the existing Transfer Station
within the District by constructing an
overhead garage dgor addition to the
southwest side of the transfer smtion, at
the estimated maximum cost of $180,500
(the "Transfer S[a5on Improvements"),
and (ii) to acquire various equipment,
including a Vammel screening phmt, a
compost bagger and shelter, a front<nd
wheel loader and a walking floor Vaos-
[er [miler, for use by [he District, at the
estimated maximum cost of S6b9So0
(the "Equipment Acquisitions" and
together with Ure Transfer Smtiou im-
provements, [he "Project").The estmret-
ed toW cost of [he Project is $850,000,
including prefimirtary costs and coats
incidental [hereto and [o [he fmaocing
thereof; provided [hat grant funds stay
be received from [he United States of
America, [he State of New York or any
other ava0able sources to pay a part of
some of such said costs
Pursuant to the New York State En-
vvonmental QWlity Review Act ("SE-
ORA") the Hoard, as LesO A~nav, bas
determined that the Prof[ct ~ a type
II Action, no further revisiw is re<ryired
and(or other applicable doarmeNation
has been issued and filed in the office of
the lbwn Clerk
NOTICE IS HEREBY GIVEN that
[he lbwn Board wi0 meet at the Town
Hall, 53095 Main Road, Southold, New
York, at 435 ddodt P.M. (Prevailing
7ime),onJaae 3,1g08,for the purpose of
conducting a public hearing to consider
the Project, as hereinabove described.
At said public heazing, the Town
Board will hear all persons interested in
said subject matter [hereof concerning
[be same. _
Dated: May 6, 2008
BY ORDER OF THE
TOWN BOARD OF THE
TOWN OF SOUTHOLD,
- COUNTY OF SUFFOLK,
STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
0-2T 5/15.22
SOUTHOLD TOWN BOARD
PUBLIC HEARING
June 3, 2008
4:35 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Thomas Wickham
Councilman Albert Krupski
Councilman William Ruland
Councilman Vincent Orlando
COUNCILMAN WICKHAM: WHEREAS, it has been determined by the Town Board
(the "Board") of the Town of Southold ("Town"), Suffolk County, New York, on the 3rd
day of June, 2008, to consider the increase and improvement of the facilities of the
Southold Solid Waste Management District ("District"), described as (i) to improve the
existing Transfer Station within the DistricC by constructing an overhead garage door
addition to the southwest side of the transfer station, at the estimated maximum cost of
$180,500 (the "Transfer Station Improvements"), and (ii) to acquire various equipment,
including a trammel screening plant, a compost bagger and shelter, afront-end wheel
loader and a walking floor transfer trailer, for use by the District, at the estimated
maximum cost of $669,500 (the "Equipment Acquisitions" and together with the Transfer
Station Improvements, the "Project"). : he estimated total cost of the Project is $850,000,
including preliminary costs and costs incidental thereto and to the financing thereof;
provided that grant funds may be received from the United States of America, the State of
New York or any other available sources to pay a part of some of such said costs.
• Pursuant to the New Yor}: State Environmental Quality Review Act
("SEQRA") the Board, as Lead Agency, ;ias determined that the Project is a Type II
Action, no further review is required andlor other applicable documentation has been
issued and filed in the office of the Town Clerk
NOTICE IS HEREBY C:IVEN that the Town Board will meet at the
Town Hall, 53095 Main Road, Southold, New York, at 4:35 o'clock P.M. (Prevailing
Time), on June 3, 2008, for the purpose of conducting a public hearing to consider the
Project, as hereinabove described.
At said public hearing, fu: Town Board will hear all persons interested in
said subject matter thereof concerning the same.
This has appeared as a legal in the local newspaper and also on the Town Clerk's bulletin
board outside. There follows all of the detailed language that goes into a bond resolution
of this kind and [ hx~e a commrnic,^i on 1i~m ±he Town's bond consultant, his name is
Joe Fernandez. `Thank you for your ! otter of May 19`h enclosing several documents
Southold Town Board Public Hearing 2
S WMD Bond June 2008
pertaining to this referenced project. All of the documents have been included in our
records.' And I believe that those are all that I have. This has also been sent out, a
mailing has been sent out to the various residents of the Solid Waste District, so that all
residents in the Town who are resident in the district should have gotten a notice about
this public hearing. That is it.
SUPERVISOR RUSSELL: Okay. At ?his time, I would ask anyone who would like to
address the Town Board on this particular public hearing to feel free to come up? In the
back.
JOHANNA NORTHAM: Johanna Northam. Southold. I want to extend my appreciation
for your approval of this monies to the Southold Solid Waste District. I did want to say,
18 years ago when we started our study on the landfill that we were very pleased to get
Mr. Bunchuk to oversee these projects. And people are, it has such negative things, but I
• believe financially we are in a very good place and environmentally, much more so.
SUPERVISOR RUSSELL: Okay. .Yost a clarification, for the public. Actually the
hearing tonight is for $850,000. It is more or less a punch list of item and improvements
that are needed there. This is actually the public hearing. We actually haven't voted on
the allocation of that money yet. The To~~n Board can elect to vote for all of it, none of
it. This is the public hearing, we actually h;:ve to notice everybody because of the special
district arrangement, we have to i:ote even if we want to vote yes or no to it, we have to
notify everybody. Would anybody else like to come up and address, can L...
COUNCILMAN KRUPSKL• I don't know if you were clear on that. You said all of it,
none of it or some of it. So we can pick out, we can pick and choose and say do we really
feel that we need one item or really fee] that we need another or don't need everything.
So this isn't, this isn't a list that we have to approve or disapprove, this is a list that we
can choose to see what items that we feel are. necessary.
• SUPERVISOR QUSSELL: Right And 1 vill go to this gentleman in the back. After
that, we do have the Solid Waste Coordin~`or .`im Bunchuk here, and you can help us
clarify the punch list of items. But sir, do you want to go?
STEVEN BURNS: My name vs Steven Burns and I am from Suffolk County Water and I
am also a resident of Mattituck. And I was just wondering was there any, what the fires
demands, if that is considered and. what 8iey will be at the station?
SUPERVISOR RUSSELL,: For the fire demands?
MR.. BURNS: The fire demands. For fre flow.
SUPERVISOR RUSSELL: Okay, we will actually refer that to Jim, if that is okay.
MR. BURNS: Okay. Fine.
Southold Town Board Public Hearing 3
SWMD Bond June 3, 2008
SUPERVISOR RUSSELL: Jim?
,TIM BUNCHUK, SOLID WASTE COORDINATOR: Actually the considerations for
fire control or suppression at the "fransfer Station were part of the original design back in
2006, 2005. So there is a fire well just outside of where the area, in fact, just outside
where the doors are proposed to be placed. You are talking about the construction
portion of this bond, which is the overhead doors on the southwest side of the building.
There is a fire well right outside that, probably not more than 20-25 feet from where the
doors are. But that was all part of the ori~>inal plan, as were originally these doors but
due to cost considerations at the time and the money that the Town had available to it
wider that bond, there were certain del4iors that were made and this was one of them,
you know, at that point. It is kind of why we are bringing it back now because it was part
of the original design.
MR. BURNS: Okay. Thank you.
• SUPERVISOR RUSSELL: Thank you. li_lanie?
MELANIE NORDEN: Hi, Melanie ?dorden, Greenport. These proposed increased
expenditures provide an opportunity, actually a fortuitous one, to explore a little bit if we
could the revenue generating portion of the landfill I would be particularly interested to
know, if maybe you could provide this, irv~:; much revenue we do generate yearly on the
yellow bags, for example, that is one revenue item.
SUPERV[SOR RUSSELL: Yeah. Actually we will have Jim up and answer all of those
technical questions. Actually several sources of revenue up there, one would be the
yellow bags another would ba the over the kale fee that we collect up there, commercial
carters etc. And then also revenue from sale of compost etc. Jim, do you want to address
some of those?
MS. NORDEN: Actually I have a few more questions.
SUPERVISOR RUSS;JLL: Oh, okay.
MS. NOKDEN: Regarding revenue. "Ihe other question has to do with recycling
revenue. As you know, there has been score talk for sometime about the consolidation of
recycling throughout the east end Towns, ii not throughout Nassau and Suffolk county. It
seems imperative, given the rising transportation costs, and also the option of transport by
rail, that the Supervisor's Association or maybe the Mayor's Association, I know that Jay
Schneiderman has discussed this. The possibility of coordinating those activities so that
we can actually gee some more bang fbr our trash and some more bang certainly for our
recyclables. Right now we are not at all competitive. Nor presumably are any of the east
end towns primarily Because every town individually recycles and there is just no way
that we can make any money off of that. Were we to combine and work writh the other
east end towns and this Itas been floated around for years, nothing has been done about it,
might actually be ahle to see some significant revenue ti•om our recyclables, particularly
Southold Town Board Public Hearing 4
SWMD Bond June 3, 2008
for paper which is now in tremendous demand in China and other places. Were we to
coordinate these activities, I think it would make a very big difference because I think we
need to look at trash as a business. And ~a~e need to see what the business opportunities
are and what our business plan is, not just ibr expenditures on the one hand but also for
the generation of revenue. And the one thing that I kind of haven't seen is what revenue
we are generating and what our opportunities are going forward. All of the recyclables
are in demand, however, we can't compete because we are way too small. So I think that
going forward and I kaiow that. iim. from what I understand, you have worked on this
too, we really need to see if there is a way through the Supervisor's Association to think
seriously about that kind of coordination. Also Brookhaven is installing a large
incinerator and I don't know if anybody l:as explored the possibility of working with
Brookhaven, whicY, pr: umably is likely .o accapt and actually welcomes the notion of
accepting some solid waste tLr incin;,ratcr and that going forward, I think that is going
to be improved and built over the uext coapie of years, tl;ere is a possibility that we might
be able to, again, .ook at cost. Because cti~.erwise we are building a temple to trash. And
this is $850,000 now, a couple of years ago we spent a whole bunch more money. I don't
• know why we didn't put garage doors in when we built the buildings but that is
something else aside, bottom lire is, r, is dot going to get any cheaper. But there is
mono} to be made and there is money co be made if we can coordinate on a regional or a
Supervisor east end basis. If we can ~Nse rail support, apparently Long Island Railroad
and three or four other railroads have indicated their willingness to pick up recyclables
and paper for examp'e, dad move it up do the Adirondacks, move it out. And presumably
we can also, a lot of this stuff can be loac;cd onto pods, on trucks, be loaded right onto
trains without having, some flat bed trucks or (inaudible} and not ever have to be double
or triple handled. 5o I think we need a municipal plan, a plan for the Town of Southold
that maybe we can even spearhead This kmd of coordination. Because I think as a
taxpayer it is very discouraging to see tricse kind of expenditures come up and up and up
with our really riot having a plan to capitalize on our trash. So since trash is a big
business now and recyclables are, all you need to look at for exanlple is the Chicago
Exchange, which every day will tell you how much your paper is worth in China, how
• much your plastic and cans are and yaur aluminum, we could be much more forward
thinking. Because there actually is no pon,t in paying all the yellow bags, spending all
this money as taxpayers to have our stuff
~ carted to the dump or to drive to the dumps, to
find that the dumps is a losing business proposition. So I would like to propose that
going forward, we develop a business plan to maximize the revenue potential of our
landfill. 'Thank you.
SUPERVISOR kUSSELL: "I harrx you. I tL-ink tl-~at is a point well made. Can I get Jim
to answer some ofthe teci-mical questions irsti
NIR. BUNCHUCK: 1 will be as brief as !eau. To paraphrase Mickey Mantle a long time
ago in front of a congressional nearing, 1 agree with everything you said. But first as far
as the revenue, I know you know, we don t have the very advanced public information
office, really we. try to g,et things out as we ;an with the website and a few brochures but
this year, 2Gu8, taxes account for about :iS'-o of our budget, which is right at $4 million;
fees account for the other 65°ro. So roughly 52.6 million is in fees.
Southold Town Board Public Hearing 5
SWMD Bond June 3, 2008
MS. NORDEN: Including the yellow b~.gst
MR. BUNCHUCK: Including the yelb:,w nags. The yellow bags count for about 20% of
the overall tees. Tip fees on the scale :iootrt 35% of fees. And we have permit income
which is around 5%, recyclables accounts for about 3 to 4%. Keep in mind, though that
the recycling years ago when we got into this, that the old adage was recycling isn't
designed to make money it is designed to save money. And for all the recyclables that
don't go in the garbage. we are saving $80 a ton on our cost to get rid of it as gazbage.
And 1 actually recently looked up the numbers since we started this or since we have had
a diversified recycling program, which really started in 1993, the Town of Southold,
residents everybody iu this room and e.~~ry!,ody in the Town have delivered 60,000 tons
of recycled material that otherwise would stave been in the garbage at an average cost
over those years in the low to mid 70's ,rer ton range, that is over $4.5 million saved in
garbage disposal costs that would hay begin assessed to the Town, even through bag
prices or through taxes or however we d::cided to do it but ultimately those are, that is the
• savings over alt that time. It is True, [hougYr, there probably could be more consolidation.
1'he problem is, or ti,e issue really is, every;ate of our trucks that leaves Cutchogue goes
full. We send ont 100 cubic yard tractor trailers, they are full. If we had enough waste
stream to bail some of that, to justify the ccrt of an expensive bailer, you could probably
pack in some more weight on those trucks but there still is a maximum tonnage per truck
twat we are allowed under New York sate. We are only a few tons under that on the
recycling waste. The garbage goes out a' full tonnage, which is 22 tons net weight. So it
is possible, if there was enough Slow b,.t we don't have enough flow to justify that. I
know Shelter Island obviously doesn't. N:,ne of the east end towns, Southampton and
East Hampton, none of them have bailers f.x their garbage.
MS. NDRDEN: Wait, you are talking about...
MR. BUNCHUC;~:: Or for tl:e reoyclin~ .
MS. NORDEN: Inaudible
MR. BUNCHUCK : And that would take a single place, where everything could kind of
come together, which of course rs you know, artd yes, if the Towns got together to try to
plan it maybe something could rapper.. _Y ou mentioned rail, though, because anything
that is going by truck now is getting more and more expensive. There are two rail
facilities on Long Island, one ol'titem handles both garbage and construction debris, one
just construction debris but rail facilities are governed not by the State DEC or the State
Department of Transporiatiou but by the US Department of Transportation. So it is a
completely, there are moves afoot to Uy `o require them to adhere to DEC rules but
believe it or not, a railroad transfer station in New York state does not have to meet DEC
rules. They only have to meet US Depa to ent of Transportation rules. So there are lots
of issues like that that take }'ou luunv, t~coi~le above us and your point is well taken. If
the Towns get together, maybe through some commission possibly you know, the
County, Suti°olk County did establish a waste coumtission last year to look at some of
Southold Town Board Public Hearin}; 6
S WMD Bond Junc 3, 2008
these issues and you know, they really onl} kind of get to do a broad brush approach on
them, kind of touch on them and you did a great job doing it here but you know, it is true,
there is more that can always be done. What we are asking for here is obviously on a
smaller scale, that we feel need or I feel we need to operate as efficiently as we can in our
smaller facility. But certainly the poin±:; ~~ou made are well taken and they are not being
completely ignored. There are people U,at are thinking about them, it just takes a lot to
bring all of that.
COU'~dCILM.AN ~11ICKHAM: Jim, at this stage would you like to outline what the
particular items are and the price tags associrted with them?
NIR. EUNCHUCK: cure. ``:='irst un tluso Uarage doors, the back one, the bond for the
transfer station was s:;cured iu 2004 or 200 i, whenever that money was set aside, it was
right at the front end of the dramatic inc~a;ases in fuel and oil related items and steel and
concrete and every~hirg, so by tine tiu;z, Ciere was a six or eight month lag when the
engineer's estimate was provided "iu the "town and the Towm went to borrow money
• based on that and the actual prices frorn the contractors, which came in around $400,000
or $500,000 over ~h~`,at the Town had avtlable. And the Board at that time made a
decision not to go 'oac;: and borrow nrn~e money but to trim the project to get it within
budget. One of the iterns that was deleted v ere these doors. The problem without having
the doors, if anybody, if you have been up there; if you try to recycle on a day when the
wind is coming out of the southwest, tr.c sto if you are throwing out is getting blown back
is your face. Vt'hich is inc~nveu.ent, or;aiously, to the residents and we hear some
comment about that. But also lli:en it rait~s or snows, you get water coming in on the
tipping floor, which makes it slippery ar,~a adds water weight to the garbage that is sitting
there. So there were reasons why the doors were proposed and we are asking to get those
replaced. The maximum cost on that + estimated to be $180,000. That is probably, in
fact, I know all of tiresc r:umbers are over what the costs are likely to come in but in order
to do the legal thing io ruake care we uonl get faced with asking for more later, we go
over on the actual dollar antutml. 'I~he e,~uipment items, the trammel screening plant
• would replace a 13 year old unit that wa; are now using; the maintenance costs on that are
getting extreme and it is also, there have 'oven a lot of advances in screening equipment
since we goy that item. 1 he compost Dagger is, you know the trammel plant by the way is
estimated at $265,000 and what that actuail ~ is if we can go back to that for a second, that
will enable us to continue and more ear:ily produce the different types of compost and
wood chips, items that we now make. ~b'~ can do it in different sizes, we will have a
couple of screens available with it that are interchangeable in a matter of a half hour or
so. Instead of right now it lake>> us n~.~~•i of tire day to unbolt the screens on the old
rnachire and we would oe able to ba nwre flexible in making sure we have, when we
want wood chips we will be able to nrti c them more quickly or screen them more
quickly and we can quickly swvitch that o:~t a.~td get to the leaf compost which is also very
popular. Right now it takes us days to qty artd mobilize that. ; he bagger and shelter, for
years we have thought about get:mg a Lalang machine up there, to bag the compost and
wood chips for people. l'here arc a lot v;"people that come up and are a little surprised to
find that when they get their tree d00 po~ax,s, they have to shovel it. If they have garbage
pails to use or something else, we will load pickup trucks, although we can't guarantee to
Southold Town Board Public Hearing 7
SWMD Bond Jtme 3, 2008
keep it to 500 pounds but as far as that goes, so this way if we had a unit like this, we
would be able to (inaudible) like you find the home stores. People could come up and
at throw them in their trunks and. go abo~~t :heir business, you know, they could go to the
store....
SUPERVISOR RUSSELL: [ am sorry, .fim, but we have $8.5 million to go through...
MR_. BUNCHUCK: O'<av.
SUPERVISOR RUSSELL: And it sound:; like you just crossed off $1 million, just a
little bit more succinct, so we can get moving with the public hearing. The public, I am
sure, wants to speak. $30,000, 1 am sore,-.
MR. BU:dCHUCI:: Tf:e tram end :oacec wauld replace oue that we have right now,
honestly it does still work but it has got ::5,000 hours on the motor. It has been my
experience it is better to be proactive rather than reactive and to have that machine would
take us a week, wind up renting suntethin„ to try to replace that. And the transfer trailer,
• we have two right now. one of them is an old steel, a very heavy trailer. That trailer
would be, it would be .:;ally nice to have the newer type with what they call the walking
floor, you know, that is again, it is desira:~i";. I can't say that that is absolutely critical to
continuing to run right now but it is on our r;ish list. And I guess that is about it.
COUNCILMAN WICkHAl~1: What are thy: figures for those items, please?
N1R. BUNCHUCK: The wheel loader zetually, that would be if we get the one we
would want on that on state contract, you don"t often get machines of that size on state
contract, it woula be, we say maxima,, o; $100,000, it would probably be $30,000 or
$40,000 under that. And the bagging machine was $99,000. And the walking floor
trailer, $8,000.
SUPERVISOR RUSSEi.L: Thank you, .l m. Would anybody like to come up and
• address the Town Board on this public herring? Mr. Allison?
DAVE ALLISON: My name is Dave Aiiison, Cutchogue. Couple of questions, first of
all, I didn't have any idea what this :q,ripm,ont was Ior. Nurnber one, is there additional
staff going to be needed to manage this e~{uranentr
SUPERVISOR ;RUSSELL: P: o.
MR. ALLISON: So you can operate wish v. hat you have.
SUPERVISOR RUSSELL: 'fhe anly thicz~ 1 can see is that there might be some training
involved, particularly with the new item. like a bagger. The other items are simply
replacements of existing, agir;g inventory.
MR. ALLISON: Okay. Prow all this (in~ruuible) you know, like cosmetic (inaudible)
going on. 1 am a bit concerned about the way you handle finances. Why isn't there
Southold Town Board Public Hearing 8
SWMD Bond June 3, 2008
reserve funds set up that when you ne~:d ~f~placement equipment, you have the money
already available? ,t does seems :o me you lid it for police cars and now you are doing it
for this. You have to jump in and put a lot of money at one time. I just don't understand
how you handle the finances.
SUPERVISOR RUSSELL: We develop fiords and we have fund balances at the town
government. Actually very healthy fund balances, that is the singularly reflected every
time we get a bond rating that is so high. The special district, though, is financed by
revenue that it creates each year. It is a little bit more difficult to set up a fund balance
with money you dorrt have yet because. y,+u are collecting that money annually, either
whether it is through [axes or it is ~hrcugh ,rser fees. That money is coming in over the
course of the year. It is act all corai.~g in ;:r .Ianuary, like your taxes are.
1?1R. ALLISON: I understand. But you can set up a reserve fund to buy a payloader, put
away $30,000 a year, $40,000-$50,000 a ,y~zar. And at the end of five years you can buy
one. 'You don't have to go for a bond, ycu don't have to pay interest on it. I mean, I
don't know what the life cycle is on this.
COUNCILMAN WICKE:AIvI: I don't :h_r.~: that Town's can do that or at least we can't
easily do that. If we stal-t squirreling rr.cmey away and putting it in reserve funds, then the
question is raised, why vaera the taxes ~,~5h or the fees so high during those years, to
develop 'this fund. And peop~e would stur> ~ ailing it a slush Fund.
NiR. ALLISON: Well, i am sorry, I carne f.om a very conservative town of Garden City
and they never go out for bonds to buy 1-,oi;ce cars. They never go out for bond to buy a
fire truck...
SUPERVISOR RUSSELL: We haven't i~onded for police cars either. I would be
absolutely against bonding for police car.;.
MR. ALLISON: ([naadiblel For any :;,a.r. cular item, You know, that is permitted by
law and I don`t understand why you pect;l° uon't do it.
SUPERVISOR RUSSELL: Again, very dilGeult. Particularly with a special district that
funds itself during the course of the year. :ant we do have a fund balance there and with
town government we have a fund balance. That is how we secure low interest bonds
from the market.
MR. ALLISON: Weil, the reserve fund is set so you don't have to go for a bond. You
have the money in the bank. You lmot+ <nd [just don't understand why you don't do it.
We had a -big issue about the police cur<. `~:<t you had to buy eigltt at a time. That is the
rnost ridiculous thing I have ever ~;eard ~ guy two at a time and buy two every year.
SU: Ei2VISOR RUSSEi,L: 1 hree a year. i agree with you.
Southold Town Board Public Nea~•ing 9
SWMD Bond Jtme 3, 2008
LIN[DENTIFIED: The ,gentleman was m'king comments about getting together with
east end towns with recyclables, we are unique in Southold because we have forced
separation. And we were insistent on that. The other towns, it is comingled and then
they have to pay to separate everything out.
JOE LEMERISE: Good evening, my came is Joe Lemerise and I am from Cutchogue
and I have a couple, I guess, questions cr comments regarding the bond. You talk about
the overhead door. I have beer_ told that he trash is being blown into the users face when
they are dumping their trash, so are we :rr{dying that the doors are going to be closed
during the day? It would seem top me theta that the front end loaders can't come in and
out.
COUNCILMAN KRUPSKI: I understand what you are saying because then you
wouldn't be able to go around and (inaudible)
COUNCILMAN ORLA'1D0: I guess very high windy days, Jim would close it down
• until the wind died down.
NIIt. LEMERISE: "lhen you would hav: s:, ~ebody keep opening and closing the doors.
SU°ERVISOR RUSSELL: Jim?
MR. LEMERISE: ~?e are nrt going tc ::<:v; a door on the other side of the building?
SUPERVISOR RUSSELL: Jim, can you give me a specific answer?
iV1K. BUNCHUCK: That is a good point ':?e actually have a door on the (inaudible) we
wouldn't be able to ciosc both doors buy hail of the construction also there is going to be
a t5 or 30 foot section that is act~,aliy g.~,nl to be a wall, so that would cut down on the
breeze coming through. And if it is real windy we could close or partially close one of
• the doors, it is still a 20 foot wide opening, 20 foot wide door that would stay open, so we
would have the ability to cut down on some of the breeze.
MK. LEMERISE: 1 think what you are going to create is what they call the station
wagon effect. You want to think about that I don't think the doors are going to solve that
problem and they are counting on the doors. 'There are some other issues here, I can
understand the need fur the tranunel screen plant, that makes sense. The thing is old and
you wanC to be able to change it, so ;t r,sk. s a lot of sense. I agree with that. You are
talking about a crew truck, that sezms to hake sense because right now you have got two
trucks on the road, you got no truck to put t~,•ash into. So it makes sense to have the third
truck. You have a cornliost bag and shzl`er. I have a problem with this. Simply this, we
are going to go out and buy this bagger and I have got to believe it is going to take
somebody else to operate that bagger. i~ow you are going to buy plastic bags, now these
plastic bags are going m go back into th,; waste stream. Doesn't seem to make any sense.
There is no problem going down there ~~=i:1? trash cans, taking a shovel and putting it into
the trash can. You have get a pickup .rui~k, I have sewn these guys operate and they
Southold Town Board Public I-fearing 10
SWMI) Bond June 3.2008
probably, once a week, they can drop it igi~t into the truck and it is clean and it is done.
You save a lot of money and you still ha:;: the same effect. You want to increase the cost
of the mulch, I can understand that But ro put the bagger on and put plastic back in the
waste stream, it doesn't make any senso. `="ou want to think about that. The front end
loader, they have two gigantic fr~.?nt e~td Io~.ders there. one of htem is old, it is going to
do. 1 understand that. But they do a good i~'~b with it. You need another front end loader,
I am okay with that but 1 am being told th.,y are going to get a small front end loader.
The small front end loader can't get up ove;' the truck. Not only that, let's say it is half
the size, you are going to have to make twice as many trips. You are going to be
replacing that thing in half the lifetime of t`te larger one. If you are going to spend the
money, spend it properly. Cet the riaf.' elite front end loader. 1 spend one day a week
there, For a couple o hours. I sec wlrw~ they are doing, they do a great job but let's not
waste our money. [ am Bono.
SU~ERVISORRUSSEI:i.: I'han;•:yoa,.cry such.
COUNCILMAN Vo'ICI~HAi~1: Jiut, cou.id ~u respond to that, please?
:VIR. BUNCFIL'CK: _t1?e overall weight ci the loader vve propose is a little smaller, it is
tike next generation lower than the weig~tt of the machines that we use now. but we are
dealing with garbage, it can sill hold tf,c s~.ute size bucket without having a problem, the
upping problem or the balance issue. Rr~d it can reach, if we, there is what they call
extended react which extends the bucke? out about a foot and a half or two feet, with that
we can load the garbage trailers the ram: w,~y we do now. What, he is right though, there
is one frailer we wouldn't be able to loan Isom the ground and that is one of the trailers
we use to store paper in. Because that is a flat ground and the reach would be able to
get up to the top but are wocldn'l be aL~l:.:~a tip all the way in. But we have a different
plan, we would }>e handling paper differently not having it go right into a trailer, we
would have a staged f:ke the other mat;::ials ap there on tha ground. 'Then when we have
enough to load a trailer, we back it it?tc. i he trench which we do now for the garbage and
• the other recyclables ar,d load that way. out he is correct, it is a somewhat smaller
machine but that is part of the rationale. Vie had an incident up there recently, a couple
of months ago invoh~ing a claim agair;_:I th,e Town because the payloader backed up and
apparently something. it was holding in the bucket hit somebody's car and there was a
X3,000 or $4,000 clai;r.. Tho original, cue .,f the other cutbacks on this building was the
size. The size was supposed :o be about ? r,00 square feet larger. It was going to have a
little more room. ~~4ith the teduccd siz:, a ~ ugritly smaller loader makes sense and that is
why the fact that it is on sta'e contract was you know, made reuse to me. But it is true
utat we would have to unange pari of our operation to accommodate it inside.
SUPERVISOR RUSSELL: Charlie'? G ~,a~:ll go to you after.
CHUCK Kr+~TON: Check k:aton, Lau.rc:. i_et me ask you a question, is this legal that we
are iu busincas with -the durr~ni' 1 don't tl:~~:il: that is legal. I am a town inspector and I
never heard of t_`ris Lor'ore. i ~dor.t think: th..; is legal, that we can be in business and sell
Southold Town Board Public Hearing 11
S WMD Bond June 3. 2008
things out of the dump, We can do thy, i the recycling stuff but what about bagging,
we are not a hardwarr~ store here. The cs,:>rn y should answer that.
ASSISTANT TOWN A"["fORNEY CtiIL~ORAN: It is legal to generate revenue at out
transfer station.
MR. KATON: Well, it must be something, new because it never was legal. That was
illegal. That was iUega? That wa<, nevc: legal. It must be legal, you had better check up
on that because I dent think it is legal. You are not supposed to be selling stuff out of
the town dump. We are not supposed i~~ be in another business. We aren't supposed to
be in the business to make money, we ~ {e :,...;posed to break even with the town.
SUPERVISOR RUSSELL: `vVe are alrra±d;; generating revenue from the sale of compost.
The bags were to put it in a product forrr.at t tat would make it easier for the homeowner.
MR KATON: I am saying, is it legal`?
COUNCILRIAN `Nit:KHlr~~I: `w~:'o~lie~e is.
MR. KATON: You say it is legal I know a fevo years back it was not legal We weren't
supposed to be making money.
SUPERVISOR RUSSEi.L: 141a'au~?
SUSAN LEMERISE: Can you just address the bagger? Why we need a bagger?
SUPERVISOR RUSSELL: Can 1 clarify that? Actually I will speak on your behalf, Jim,
that is okay. I wasn'r on the Beard when th,w original solid waste, that building was built
and all this was financed. I came later. O(~ all that laundry list of items, the only thing
that appeais to me, ironically, to yot;r c~ra},r'n probably, was the bagger because I thought
• it would pay for itsel? in a snort perioc nt :ime by charging and compost, in you know,
people going to buy it now, we can pack„ge it and sell it to them. It makes it more
convenient for homeowners and •c,~ era+.~ _en rate some revenue.
MS. LEMERISE: Yeah but the homeo~sncrs complaining about having to go there with
the garbage can, put the mulch or the topsctil in a garbage can and take it home. It doesn't
cost us anything to do that.
SUPERVISOR RU53ELL: No. Some neel;ie do it well, other people don't. they, it is an
i~.eonvenient process. they wili gener~,.'.a~ zo to a third party and buy it and have it
aelivered but that, again, just se you k,,;~w this solid waste district proposal was we sat
dov~m with them months ago. we said pat .verything on paper because we are going to
advertise this once and we are goiul_ t:, ~;o through the list. I don't sense a deep
commitment from this Board 1'or many of the items on there but we have to go through
this process, so and ai: of those things, will certainly take all of those comments to
heart.
Southold Town Board Fublic Hearing 12
SWMD Bond June 3.2008
MS. LEMERISE: And also you have commercial people coming in to pick up topsoil
that are landscapers?
SUPERVISOR RUSSET L: 'T'hey pick up compost but not topsoil. Compost. We sell it.
MS. LEMERISE: You sell it to them. The: pay a different rate than we pay?
SIJFER~~TSOR Rl icy I.)_: T.m?
MR. BUNCHUCK: They pay a vole" nee based weight, calculated by volume. The
residents and we have a minimum value oi" 5 yards because that is the size of the bucket.
I don't want (inaudiblcj but for resident; or anybody who will take less than 5 yards it is
by weight on the scale.
MS. LEMERISE: lio those conm~ercial people that come in that have the front end
loader load their truck, do they pay extra for that front end loader to come in and put the
dirt in Chair truck?
1~/,R. E,T.~~CIiUCh: r~:o. ~lnaudible)
NIS. LEMERISE : I :mocv. 1 am just suy~ng that if you are thinking that you need to raise
money, this would be a vea} to rare non.:y that you have all these commercial trucks
coming in here, picking up topsoil or whatever you want to call it, why are they not
paying a little bit more because it is a commercial and private thing? The residents can
go in there and pick ap their own mulch or din and put them in a gazbage can. It doesn't
make sense to put thin campcsting machine m there.
SUPERVISOR RUSSELL: 'I~hat is a good ~oint. Avery fair point. We actually thought
we coald increase revenue by :xpanding the market on compost. We had talked about
that a few years ago. 1 think it was one of the first things I did when I became
• Supervisor, we engages the services of rr.t individual, it never really went anywhere but I
do think and Metame is right, T ~d,mi: the ~irture of garbage is going to be the ability to
make income from it. We dealt with the closing of the landfill and changing public
habits. You know, changing to re~:ycl;ng, changing to source separation. We
fundamentally chang:.d people's habit:; ~~S.h the way we went about it. But I think
Melanie is right, now we need to look at a ! Ittle bit more forwardly in terms of the future
of garbage and the possibility of generating -~evenue.
MS. iVOi2DEPv: Yes. Just to fellow uh on "~.he last point, what percentage of the compost
sale is corrrmercial as opposed to residentia '
PAR. IBUNC.-[UCK: That is a good yuestio;. and I don't have a ready answer for you. I
think by amount anti by volume more goes commercially (inaudible) but by individual
traffic, we know we gave last year 2.SG~.~ ;:bit yards to residents, in the 500 pound free
program. Which is ~ considerable an.u~ir~c of material. And then beyond that, they also
bought more. 1 would have :o, that is a „oo:: yuestion.
Southold Town Board Public Hearing 13
SWMD Bond June 3. 2C~C8
MS. NORDEN: Well, I think it would've, ' mean, I for one spend about $300 to $400 a
year on composting mulch in my garden. I don't go to the dump because it is
inconvenient to shovel a truck full Hou~e:v,~x, I would be happy to pay more if you bag it.
It is now going for $5.49 is the cheapest .nr ;inaudible) mulch in Agway. So I think a lot
of the residents, if you were to sell that. 'ct':; get the bagger to pay for itself.
SUPERVISOR RLiSSELi_: That's ~t~hat the principle is.
MS. NORDEN: if 20,000 residents a } e.u~ and each spend $3 which is half the price of
the commercial composting or mulch, ih%_' would generate $60,000 in less than one
season. 5o we should be able to i,a~ for r bagger in six months if we price it right and
that would Fie the only terms under whit ; i would be interested in seeing us get a bagger.
As far as the commercial Bugs are concer-r:ed, I think that should be analyzed and they
should not be getting a break, since they :charging us an arm and a leg to mow our
gardens and mow cur lawns and they ar~~ passing these costs onto the homeowners at
• three and four times or maybe ten times what you are charging them. I think that should
he analyzed and we siwald be pr;ciug the c::n;post competitively.
NIR. BUNCHUCI:: I'he last thing the. hc+~rd did earlier this year though, was raise the
price to conmterciat people and h:ft th;; res,.lential price alone, so it did go up about 30%
cortrrnercially.
IVIS. NOKD~EN: Weil, 1 think it just ;t~;;cds, tc be priced out givert if it is a commercial
product ana we want co sat that v:e ,>:b:~~~ly are going to give everybody a break by
charging half of what is charg~.d at Fc_~?ay for example or anywhere else. "then we
should be charging them. In other words, we really should analyze it because we are
missing apportunitie:.. As much as w~ war, to expend on trash, we don't want to create
this empire to trash without having revenue generating streams. And I think we have a
lot of people interested in gardens hare. have some beautiful gardens on the north
fork, homeowners ar. cemstantly r,~owin f t'air lawns, so let's think about ways in which
we can mak; this bagger pay for itself Anci then some.
COUNCILtv1AN itkUFSla: `Ne aace i,een responsive to difPec'ent pricing on the
compost. Originahy, r think a lew yc,ss ..go, it was a little too high acid we weren't
moving any of i:. i I.ey are r..aki;;g a vr• y t.ood product down there now and we lowered
the price to uy to move it along but we ar. a~ways willing to adjust it.
ROBER~~~A LEG: Rvoerta I,ee from Crachogue. With regard to this question of
compost, wouldn't it seem reasonal ~e wouldn't it seem reasonable to expect a
landscaper to, if his oosis gc_ inc:easr_c ~0%, who do you think is going to pay that?
You are. It gets passed on. Somebody nos s;ot'to eat it. A man has got to make a living.
I mean, it is just, that is the way it is goinu !o be. It is going to be passed on. So I don't
know whether how good that is, an idea. I ':.r. just throwing it out.
YIS. TVORL)EPJ: I just thick we sc~ouln aaai ~ ze it.
Southold "town Board Public Hearing 14
SWMD Bond .Tune 3, 2008
SUPERVISOR RUSSELL: I would just ~:Gsk everybody to address the Board. And I
would say it gets passed on ~o the peop!<~ t~?at have the luxury of hiring a landscaper. It
doesn't get passed on to me because m.v wife, fortunately, is a good landscaper. I have
got no skills whatsoever.
MS. LEE: [didn't get that.
S'JPF,RV~ISOR RU"SELL,: 'Nell, 1, I dot,''. hire a landscaper so I just assured you that
the cost doesn't get passed on to me.
tVfS. LEE: Yeah but they are part of our ~e;~r,omy base, aren't they?
SUPERVISOR RUSSELL: That is rig`ti. ery much so.
MS. LEE: Also, I was at Cornell a couple of weeks ago getting a pathogen analyzed.
• trnd a woman camr, in. she had picked ..p compost from the dump and she brought in a
bag, she had just laid out 50% c" her property around the house, and found these little
syuiggiy things run;rind around in thee. and the}' were termite larvae. What kind of
liability would the 'Gown it?cur if someh'-dy could prove that they got this from the
dumps? Also, the poison ivy factor, bittets_veet factor, invasive weeds. Also pesticides.
~t'ho knows what has bees poured into sn.., stn Them is no system of analyzing the
material I think it is kind of risky and (prefer to make all of my own compost and all of
my awn mulch. For ;tat reason. Beca,~se eu don't want to get some children ill or the
animal life on your property. I just put that forward to you to consider it as something to
think about. Thank you.
SUPGP.VISOR RUSSELL: ;harsh you.
COUNCILid:A)v [iRUPSKi: ;~hauk von.
SUPERVISOR CiUSSELL: ~Ias is ,:h~:•ilication. "JVe are already in the compost
business. We have beer in it iik: eigi., or years, I suppose.
PY1R. BUNCHUCK: Just briefly, first of r:i the whole cornpost process involves bugs.
fhare are bugs trr.oughout it and that is E.hat makes stuff break down. Obviously we
don't want termites and we, you know. ~ somebody says can I bring a tree loaded with
termites ir;, vtc would proba~ly ~,i~ert `i to the construction pile. There is going to be
same of that but the temperatures in the pries reach typically 130 to 150 degrees, if it is
done right and that should l:rl, n;ost p<,~dro,_ens and most unwanted bugs. But we can't
guarantee that either but we know we h;:~ ~e reached those temperatures on a regular basis.
f+s far as the testing, we do get iI tesier. t:r~.' analyzed by a couple of different companies
jast to make sure, for cornpariscr;, to m:r;<, sure we are getting good numbers. One is in
Huntington, he is a consultant actually to the vineyard industry out here, it is a gentleman
who has been doir?g this for probably e. 50 years and then we also occasionally send
sarnples up to the University vY :Vlassaciarsetts which has a well known compost or
Southold Town Board Public Hearing 15
SWMD Bond .Lune 3, 2008
organics laboratory a~id so we do know tira~,-our bad, any pesticide issues are really dealt
with. We don't take grass, for example, nut because we don't want the nitrogen which
the grass has because we really do but we don't know what people are doing on their
lawns and that is a good point. V1e don`t grant herbicides and pesticides coming in. so
we say no to grass. And sometimes that is why it takes a little longer to break down
because you are dealing with a lot of cache n and not much nitrogen. But we do get it
analyzed and checked and we always ha<i good readings on that type of...
SUPERVISOR RliSSEf.L: The large- =saes of operations, we are already composting
and producing mulch. We have been do m_ it for eight or ten yeazs, so we are not really
here do discuss, 1 appreciate yor.r inpia_ : un. [would recommend though, that is a large
operation and soma; point in the new- furore we should probably have some sort of public
ciscourse on that, it is a substantial part of ,what the public pays each year, whether it is
directly through real estate tf;xes or the »us:.hase of yellow bags. We probably want to
have that public forum to discuss all rho;: -peers and have ideas like Melanie'- floated.
Ir. the meantime, : am hoping to focus or. the bond that has been presented. Would
• anybody els: like to -dotes- the i own 5;~,:^:i'? Anybody else? Mrs. Egan?
JOAN EGP.N: oan 8gau, East'.Yari;,ri. ..en I read this, aren't there, isn't there a grant
going in on ',his in addition t~~ the bend':'
S~~PE1tVISOR RuSSLILL: Ii says su;~~:.c. 'o any grants that may be available. In other
words, you have four or fiva or siY aii[°~ent itetns, there may or rrray not be grants
available. In the past, .tint has tried to .narc.~ purchases with grant opportunities.
NiS. ELAN. Gh, okay. ir, tight of what i< happening with fuel costs, I don'tknow how
we eau even do an av.fai tot t.~ projce;ie,c:.;~ what the yellow bags will cost, because they
all come from fuel, petroleum and aside tinm anything else, has anything been done to
get it -slaty in and out of the dar,~,p b}' : 3fic depanmeni?
SUPERVISOR KUSSELL: We made rer~uest for a three way light, I know the traffic
cummrssiou has looked ai ii and that' hay o endorsed that plan. Again, when you are
aependent on another jurisdictio,~, you ha~~e to wait for them to give them the okay to
actually go in and get i~~ done. ford that wcuid Le a county...
IV,S. ELAN: 5o we are still .a rrrrbo nc~re°
SUPERVISOR 12USSELL: County DP'r7.
MS. ELAN: Okay. '['crank you.
SUPERV
iSOt•: RGSS>LL: Would turviJO~ty else like to address the Town Board? (No
rsspanse) Let's close the hearing.
Nearing closed at 5:53 PM
x ~ ~ +
Southold Town Board Public Hearing 16
SWMD Bond June 3, 2008
E~
A.
Ne,~ Dille
Southold Town Clerk
•
DELAFIELD&~NOODL~P
PHONE QI2) 820-9300 ONE CHASE MANHATTAN PLAZA RECEIVED NEW YORK
FAX QI2)514-8425 NEW YORK, NY 10005 WASHINGTON
WWW.HAWKINS.COM NEWARK
HARTFORD
LOS ANGELES
JUN - 1 2008 SACRAMENTG
SAN FRANCISCO
Writer's direct contact:
Phone: 212-820-9416 Southold Town Clcrk
Fax: 212-820-9651
E-mail: gfernandez@hawkins.com
iVlay 30, 20G8
Town of Southold, New York
Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 26 1 5/3 1 686
Ms. Lynda M. Bohn
Deputy Town Clerk
P.O. Box 1179
Southold, New York 11971
Dear Ms. Bohn:
Thank your for your letter dated May 19a` enclosing the several documents
pertaining to the above referenced project in the Southold Solid Waste Management District.
• All of the documents have been included in our records.
Again thanking you and with kind reeards, T remain
Sin eL
.
Gerazd Fernandez, Jr.
GFjr/jc
543807.1 031686 LTR
~OF SO~ry
ELIZABETH A. NEVILLE QUO Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ~ ~ Southold, New York 11971
MARRIAGE OFFICER G C Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ~ ~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER ~Ii~COU,M'~~ southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 29, 2008
Town of Southold, New York
• Increase and Improvement of Facilities
Of the Southold Solid Waste Management District
(Our File Designation: 26 1 5/3 1 6861
Mr. Gerard Fernandez, Jr.
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Fernandez, Jr.:
Enclosed are the affidavit of publication from the Suffolk Times, and a copy of the notice
that was mailed to the property owners in the district. The affidavit of mailing will be
• sent as soon as it is received.
Please let me know if there is anything else for you files you need.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Enc
cc: Town Attorney
file
Southold Town Board -Letter Board Meeting of May 20, 2008
RESOLUTION 2008-528 Item #
ADOPTED DOC ID: 3906
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-528 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 20, 2008:
RESOLVED that the Town Boazd of the Town of Southold hereby accepts the Proposal of
The Pimlico Group dated Apri17, 2008, in connection with services provided reeardine the
mailine for the proposed Solid Waste District bond.
• ~Q~
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
•
Generated May 22, 2008 Paee 34
• LEGAL NOTICE •
NOTICE OF PUBLIC HEARING
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of the Town of Southold (°Town"), Suffolk County, New
York, on the 3rd day of June, 2008, to consider the increase and improvement of the facilities of the Southold Solid Waste Management
District ("Dis[ricf'), described as (i) to improve the existing Transfer Station within the District by consh~ucting an overhead garage door
addition to [he southwest side of the transfer station, at the estimated maximum cost of $ 180.500 (the "Transfer Station Improvements").
and (ii) to acquire various equipment, including a trammel screening plant, a compost bagger and shelter, afront-end wheel loader and
a walking floor transfer trailer, for us'e by the District, at the estimated maximum cost of $669,500 (the "Equipment Acquisitions" and
together with the Transfer Station [mprovernents, the "Project"). The estimated total cost of the Project is $850,000, includin_ prelimi-
nary costs and costs incidental thereto and to the financing thereof; provided drat grant funds may be received from the United S[atcs of
America, the State of New York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act ("SEQRA") the Board, as Lead Agency, has determined that
the Project is a Type II Action, no further review is required and/or other applicable documentation has been issued and filed in die
office of the Town Clerk
NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall, 53095 Main Road, Southold. New York. at
4:35 P.M. (Prevailing Time), on June 3, 2U08. for the purpose of conducting a public hearing to consider the Project, as hereinabove
described.
At said public hearing, the Town Board will hear all persons interested in said subject matter thereof concerning the same.
Dated: May 6, ?008
BY ORDER OF THE TOWN BOARll OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
• • Standard
Southold Town Clerk US Postage
PAID
p,0. BOX 1179 Permit #23
Coram, NY
Southold, NY 11971
Lynda Bohn 410/P203
95 Terry Ct
Southold, HY 11971-3019
h,,IL,,III,L,L„h,,II„II,II,, d,„Ii,I„1,1„d,L6,id
ELIZABETH A. NEVIi.i.F. ~oy~~OF SOUjy0l0 Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ~ ~ Southold, New York 11971
MARRIAGE OFFICER G Q Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER ~ ~ i~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER Oli/'C~UI11 ~ southoldtown.northFork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 19, 2008
Town of Southold, New York
• Increase and Improvement of Facilities
of the Southold Solid Waste Management District
Our File Designation: 261 5/3 1 686
Mr. Gerard Fernandez, Jr.
Hawkins, Delafield & Woods, LLP
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Fernandez:
Enclosed find the following for the above referenced bond: two (2) resolutions for the
SEQRA declaration, a resolution calling a public heazin~, a certified copy of the Public
Notice as it will appear in the Suffolk Times on May 15` & 22"d, a certified copy of the
• Order calling the Public Hearing.
A copy of the affidavit of publication, copy of the notice that was mailed to all in the
district and affidavit of mailing will be forwarded as soon as they aze received.
If there is anything else you need for your records at this time, please call me.
Very truly yours,
Lynda M Bohn
Deputy Town Clerk
Encs.
Cc: Town Attorney
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of
the Town of Southold ("Town"), Suffolk County, New York, on the 3rd day of June,
2008, to consider the increase and improvement of the facilities of the Southold Solid
Waste Management District ("District"), described as (i) to improve the existing Transfer
Station within the District by constructing an overhead garage door addition to the
southwest side of the transfer station, at the estimated maximum cost of $180,500 (the
"Transfer Station Improvements"), and (ii) to acquire various equipment, including a
trammel screening plant, a compost bagger and shelter, afront-end wheel loader and a
walking floor transfer trailer, for use by the District, at the estimated maximum cost of
$669,500 (the "Equipment Acquisitions" and together with the Transfer Station
Improvements, the "Project"). The estimated total cost of the Project is $850,000,
including preliminary costs and costs incidental thereto and to the financing thereof;
provided that grant funds may be received from the United States of America, the State of
• New York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act
("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type II
Action, no further review is required and/or other applicable documentation has been
issued and filed in the office of the Town Clerk
NOTICE IS HEREBY GIVEN that the Town Board will meet at the
Town Hall, 53095 Main Road, Southold, New York, at 4:35 o'clock P.M. (Prevailing
Time), on June 3, 2008, for the purpose of conducting a public heazing to consider the
Project, as hereinabove described.
At said public heazing, the Town Board will hear all persons interested in
said subject matter thereof concerning the same.
Dated: May 6, 2008
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
PLEASE PUBLISH ON MAY 15 & MAY 22, 2008, AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
PO BOX 1179, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times Town Boazd Members Town Attorney
Comptroller Solid Waste Management Hawkins, Delafield & Wood
Town Clerk Bulletin Board
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in
the County of Suffolk, New York, DO HEREBY CERTIFY, that I have compared the
preceding Order Calling Public Hearing To Be Held On June 3, 2008 with the original
thereof filed in my office on the 8`h day of May, 2008, and that the same is a true and
correct copy of said original and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Corporate seal of said Town on this 8`h day
of May, 2008.
(SEAL)
Town Clerk
•
A regular meeting of the Town
Board of the Town of Southold, in
the County of Suffolk, New York,
held at the Town Hall, 53095 Main
Road, Southold, in said Town, on the
6th day of May, 2008.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
-------------------------------------------------------------X
In the Matter
• of the
Increase and Improvement of Facilities of
the Southold Solid Waste Management ORDER CALLING PUBLIC
District, in the Town of Southold, in the HEARING TO BE HELD ON
County of Suffolk, New York, pursuant to JUNE 3, 2008
Section 202-b of the Town Law.
------------------------------------------------------------7{
RECITALS
WHEREAS, the Town Board of the Town of Southold (herein called
"Town Boazd" and "Town", respectively), in the County of Suffolk, New York, on behalf
of the Southold Solid Waste Management District, heretofore established and now
existing in the Town (hereinafter sometimes called "District"), has heretofore determined
that it is in the best interests of the Town and the District (i) to improve the existing
Transfer Station within the District by constructing an overhead garage door addition to
the southwest side of the Station (the "Transfer Station Improvements"), at the estimated
maximum cost of $180,500, and (ii) to acquire various equipment, including a trommel
screening plant, a compost bagger and shelter, afront-end wheel loader and a walking
floor transfer trailer, for use by the District, at the estimated maximum cost of $669,500
(the "Equipment Acquisitions" and together with the Transfer Station Improvements, the
"Project"). The estimated total cost of the Project is $850,000, including preliminary
costs and costs incidental thereto and to the financing thereof; and
WHEREAS, grant funds may be received from the United States of
America, the State of New York and any other available sources to pay a part of such
cost, and any such grant funds received or to be received, shall be applied towards the
cost of said object or purpose or redemption of the bonds and/or notes issued therefor, or
shall be budgeted as an offset to the taxes for the payment of the principal and interest on
said bonds and/or notes; and
WHEREAS, the Town Board and the Town have complied in every
respect with all applicable Federal, State and local laws and regulations regarding
environmental matters, have given due consideration to the impact that the Project may
have upon the environment and, on the basis of such consideration, the Town Board,
acting as Lead Agency, pursuant to the New York State Environmental Quality Review
Act (hereinafter sometimes called "SEQRA") has heretofore found and determined that
the Project is a Type II Action, no further review is required and/or other applicable
documentation has been issued and filed in the office of the Town Clerk;
NOW, THEREFORE, BE IT
ORDERED, that a meeting of the Town Board of the Town be held at the
Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 3rd day of June,
2008, at 4:35 o'clock P.M. (Prevailing Time), to consider the Project at the estimated
total cost of $850,000 and to hear all persons interested in the subject thereof concerning
the same and for such other action on the part of the Town Board with relation thereto as
• may be required by law; and be it
FURTHER ORDERED, that the Town Clerk (i) publish at least once in
the "SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold
and hereby designated as the official newspaper of the Town for such publication, (ii)
post on the Town sign board of the Town maintained pursuant to subdivision 6 of Section
30 of the Town Law and (iii) mail by first class mail to each owner of taxable real
property in the District, a notice of such public hearing in substantially the form attached
hereto designated Exhibit "A" and hereby made a part hereof, the first publication
thereof, said posting and said mailing to be not less than ten (10) nor more than twenty
(20) days before the date of such public hearing.
DATED: May 6, 2008
TOWN BOARD OF THE TOWN F SOUTHOLD
Hon. Scott A. Russell, Supervisor Tho as H. Wickham, ou cilperson
/o,4~i
C~~~Luisa P~vans, Justice Vincent M. Orlando, Councilperson
William P. Ruland, Councilperson Albert J. Crupski, Jr., Council erson
(SEAL)
J
EXHIBIT A
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of
the Town of Southold ("Town"), Suffolk County, New York, on the 3rd day of June,
2008, to consider the increase and improvement of the facilities of the Southold Solid
Waste Management District ("District"), described as (i) to improve the existing Transfer
Station within the District by constructing an overhead garage door addition to the
southwest side of the transfer station, at the estimated maximum cost of $180,500 (the
"Transfer Station Improvements"), and (ii) to acquire various equipment, including a
• trammel screening plant, a compost bagger and shelter, afront-end wheel loader and a
walking floor transfer trailer, for use by the District, at the estimated maximum cost of
$669,500 (the "Equipment Acquisitions" and together with the Transfer Station
Improvements, the "Project"). The estimated total cost of the Project is $850,000,
including preliminary costs and costs incidental thereto and to the financing thereof;
provided that grant funds may be received from the United States of America, the State of
New York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act
("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type II
Action, no further review is required and/or other applicable documentation has been
issued and filed in the office of the Town Clerk
NOTICE IS HEREBY GIVEN that the Town Board will meet at the
• Town Hall, 53095 Main Road, Southold, New York, at 4:35 o'clock P.M. (Prevailing
Time), on June 3, 2008, for the purpose of conducting a public hearing to consider the
Project, as hereinabove described.
At said public hearing, the Town Board will hear all persons interested in
said subject matter thereof concerning the same.
Dated: May 6, 2008
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
ELIZABETH A. NEVILLE, being duly sworn, deposes and says:
That she is and at all the times hereinafter mentioned she was the duly
elected, qualified and acting Town Clerk of the Town of Southold, in the County of
Suffolk, New York; that on the 8`h day of May, 2008, she caused to be conspicuously
posted and fastened up a certified copy of the Order Calling Public Hearing to be held on
r. June 3, 2008, a true and complete copy of which is annexed hereto and made a part
hereof, on the sign board of said Town maintained pursuant to Section 30, subdivision 6,
of the Town Law.
Town Clerk
Subscribed and sworn to before me
this 8`h day of May, 2008.
• ~ I~--
Notary ublic, State of New York
NOTgRYPUBUC SatOeoNNewYcrk
No. 01606020932
Qualified in Suffolk Cou
Term Expires March 8, 20
j~,
A regular meeting of the Town
Board of the Town of Southold, in
the County of Suffolk, New York,
held at the Town Hall, 53095 Main
Road, Southold, in said Town, on the
6th day of May, 2008.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
-------------------------------------------------------------X
In the Matter
• of the
Increase and Improvement of Facilities of
the Southold Solid Waste Management ORDER CALLING PUBLIC
District, in the Town of Southold, in the HEARING TO BE HELD ON
County of Suffolk, New York, pursuant to JUNE 3, 2008
Section 202-b of the Town Law.
---------------------------------°-------------------------X
RECITALS
WHEREAS, the Town Board of the Town of Southold (herein called
"Town Board" and "Town", respectively), in the County of Suffolk, New York, on behalf
of the Southold Solid Waste Management District, heretofore established and now
• existing in the Town (hereinafter sometimes called "District"), has heretofore determined
that it is in the best interests of the Town and the District (i) to improve the existing
Transfer Station within the District by constructing an overhead garage door addition to
the southwest side of the Station (the "Transfer Station Improvements"), at the estimated
maximum cost of $180,500, and (ii) to acquire various equipment, including a trommel
screening plant, a compost bagger and shelter, afront-end wheel loader and a walking
floor transfer trailer, for use by the District, at the estimated maximum cost of $669,500
(the "Equipment Acquisitions" and together with the Transfer Station Improvements, the
"Project"). The estimated total cost of the Project is $850,000, including preliminary
costs and costs incidental thereto and to the financing thereof; and
WHEREAS, grant funds may be received from the United States of
America, the State of New York and any other available sources to pay a part of such
cost, and any such grant funds received or to be received, shall be applied towards the
cost of said object or purpose or redemption of the bonds and/or notes issued therefor, or
shall be budgeted as an offset to the taxes for the payment of the principal and interest on
said bonds and/or notes; and
WHEREAS, the Town Board and the Town have complied in every
respect with all applicable Federal, State and local laws and regulations regarding
environmental matters, have given due consideration to the impact that the Project may
have upon the environment and, on the basis of such consideration, the Town Board,
acting as Lead Agency, pursuant to the New York State Environmental Quality Review
Act (hereinafter sometimes called "SEQRA") has heretofore found and determined that
the Project is a Type II Action, no Further review is required and/or other applicable
documentation has been issued and filed in the office of the Town Clerk;
NOW, THEREFORE, BE IT
ORDERED, that a meeting of the Town Board of the Town be held at the
Town Hall, 53095 Main Road, Southold, New York, in the Town, on the 3rd day of June,
2008, at 7:00 o'clock P.M. (Prevailing Time), to consider the Project at the estimated
total cost of $850,000 and to hear all persons interested in the subject thereof concerning
the same and for such other action on the part of the Town Board with relation thereto as
. may be required by law; and be it
FURTHER ORDERED, that the Town Clerk (i) publish at least once in
the "SUFFOLK TIME5," a newspaper published in Mattituck, in the Town of Southold
and hereby designated as the official newspaper of the Town for such publication, (ii)
post on the Town sign board of the Town maintained pursuant to subdivision 6 of Section
30 of the Town Law and (iii) mail by first class mail to each owner of taxable real
property in the District, a notice of such public hearing in substantially the form attached
hereto designated Exhibit "A" and hereby made a part hereof, the first publication
thereof, said posting and said mailing to be not less than ten (10) nar more than twenty
(20) days before the date of such public hearing.
DATED: May 6, 2008
TOWN BOARD OF THE TOWN SOUTHOLD
• ~
Li
Hon. Scott A. Russell, Supervisor Tho s H. Wick m, Council erson
~ ~w~_
Louisa P. Evans, Justice Vin ent M. Orlando, Councilperson
William P. Ruland, Councilperson Albert J. Krupski, Jr., Councilperson
(SEAL)
EXHIBIT A
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of
the Town of Southold ("Town"), Suffolk County, New York, on the 3rd day of June,
2008, to consider the increase and improvement of the facilities of the Southold Solid
Waste Management District ("District"), described as (i) to improve the existing Transfer
Station within the District by constructing an overhead garage door addition to the
southwest side of the transfer station, at the estimated maximum cost of $180,500 (the
"Transfer Station Improvements"), and (ii) to acquire various equipment, including a
• trammel screening plant, a compost bagger and shelter, afront-end wheel loader and a
walking floor transfer trailer, for use by the District, at the estimated maximum cost of
$669,500 (the "Equipment Acquisitions" and together with the Transfer Station
Improvements, the "Project"). The estimated total cost of the Project is $850,000,
including preliminary costs and costs incidental thereto and to the financing thereof;
provided that grant funds may be received from the United States of America, the State of
New York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act
("SEQRA") the Board, as Lead Agency, has determined that the Project is a Type II
Action, no further review is required and/or other applicable documentation has been
issued and filed in the office of the Town Clerk
NOTICE IS HEREBY GIVEN that the Town Board will meet at the
Town Hall, 53095 Main Road, Southold, New York, at 7:00 o'clock P.M. (Prevailing
• Time), on June 3, 2008, for the purpose of conducting a public hearing to consider the
Project, as hereinabove described.
At said public hearing, the Town Board will hear all persons interested in
said subject matter thereof concerning the same.
Dated: May 6, 2008
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
y E..
Southold Town Board -Letter Board Meeting`of May 6, 2008
RESOLUTION 2008-487 Item #
ADOPTED DOC ID: 3863
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-487 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 6, 2008:
A regular meeting of the Town Board of the
Town of Southold, in the County of Suffolk,
New York, held at the Town Hall, 53095
Main Road, Southold, in said Town, on the
• 6th day of May, 2008.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
-------------------------------------------------------------X
In the Matter : of the :Increase and Improvement of
Facilities of the Southold Solid Waste Management
District, in the Town of Southold, in the County of
Suffolk, New York, pursuant to :Section 202-b of
the Town Law.
• -----------------3t
ORDER CALLING PUBLIC
HEARING TO BE HELD ON
JUNE 3, 2008
RECITALS
WHEREAS, the Town Board of the Town of Southold (herein called "Town
Boazd" and "Town", respectively), in the County of Suffolk, New York, on behalf of the
Southold Solid Waste Management District, heretofore established and now existing in the Town
(hereinafrer sometimes called "District"), has heretofore determined that it is in the best interests
of the Town and the District (i) to improve the existing Transfer Station within the District by
constructing an overhead garage door addition to the southwest side of the Station (the "Transfer
Station Improvements"), at the estimated maximum cost of $180,500, and (ii) to acquire various
Generated May 9, 2008 Page 41
Southold Town Board -Letter Board Meeting of May 6, 2008
equipment, including a trommel screening plant, a compost bagger and shelter, afront-end wheel
loader and a walking floor transfer trailer, for use by the District, at the estimated maximum cost
of $669,500 (the "Equipment Acquisitions" and together with the Transfer Station
Improvements, the "Project"). The estimated total cost of the Project is $850,000, including
preliminary costs and costs incidental thereto and to the financing thereof; and
WHEREAS, grant funds may be received from the United States of America, the
State of New York and any other available sources to pay a part of such cost, and any such grant
funds received or to be received, shall be applied towards the cost of said object or purpose or
redemption of the bonds and/or notes issued therefor, or shall be budgeted as an offset to the
taxes for the payment of the principal and interest on said bonds and/or notes; and
WHEREAS, the Town Board and the Town have complied in every respect with
all applicable Federal, State and local laws and regulations regazding environmental matters,
have given due consideration to the impact that the Project may have upon the environment and,
on the basis of such consideration, the Town Boazd, acting as Lead Agency, pursuant to the New •
York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has
heretofore found arid determined that the Project is a Type II Action, no further review is
required and/or other applicable documentation has been issued and filed in the office of the
Town Clerk;
NOW, THEREFORE, BE IT
ORDERED, that a meeting of the Town Board of the Town be held at the Town
Hall, 53095 Main Road, Southold, New York, in the Town, on the 3rd day of June, 2008, at 7:00
o'clock P.M. (Prevailing Time), to consider the Project at the estimated total cost of $850,000
and to hear all persons interested in the subject thereof concerning the same and for such other
action on the part of the Town Board with relation thereto as may be required by law; and be it
FURTHER ORDERED, that the Town Clerk (i) publish at least once in the
"SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold and hereby •
designated as the official newspaper of the Town for such publication, (ii) post on the Town sign
board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii)
mail by first class mail to each owner of taxable real property in the District, a notice of such
public heazing in substantially the form attached hereto designated Exhibit "A" and hereby
made a part hereof, the first publication thereof, said posting and said mailing to be not less than
ten (10) nor more than twenty (20) days before the date of such public hearing.
DATED: May 6, 2008
TOWN BOARD OF THE TOWN OF SOUTI IOI.D
EXHIBIT A
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
Generated May 9, 2008 Page 42
Southold Town Board -Letter Board Meeting of May 6, 2008
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of the
Town of Southold ("Town"), Suffolk County, New York, on the 3rd day of June, 2008, to
consider the increase and improvement of the facilities of the Southold Solid Waste Management
District ("District"), described as (i) to improve the existing Transfer Station within the District
by constructing an overhead garage door addition to the southwest side of the transfer station, at
the estimated maximum cost of $180,500 (the "Transfer Station Improvements"), and (ii) to
acquire vazious equipment, including a trammel screening plant, a compost bagger and shelter, a
front-end wheel loader and a walking floor transfer trailer, for use by the District, at the
estimated maximum cost of $669,500 (the "Equipment Acquisitions" and together with the
Transfer Station Improvements, the "Project"). The estimated total cost of the Project is
$850,000, including preliminazy costs and costs incidental thereto and to the financing thereof;
provided that grant funds may be received from the United States of America, the State of New
• York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act ("SEQRA")
the Boazd, as Lead Agency, has determined that the Project is a Type II Action, no further review
is required and/or other applicable documentation has been issued and filed in the office of the
Town Clerk
NOTICE IS HEREBY GIVEN that the Town Boazd will meet at the Town Hall,
53095 Main Road, Southold, New York, at 7:00 o'clock P.M. (Prevailing Time), on June 3,
2008, for the purpose of conducting a public hearing to consider the Project, as hereinabove
described.
At said public heazing, the Town Board will heaz all persons interested in said
subject matter thereof concerning the same.
• Dated: May 6, 2008
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
~Q. rte'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
Generated May 9, 2008 Page 43
Southold Town Board -Letter Board Meeting of May 6, 2008
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
•
•
Generated May 9, 2008 Page 44
Southold Town Board -Letter Board Mee~ing of May 6, 2008
RESOLUTION 2008-490 Item #
ADOPTED DOC ID: 3865
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-490 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 6, 2008:
RESOLVED that the Town Board of the Town of Southold hereby finds that the "financine of
the increase and improvement of the Southold Solid Waste Manaeement District by the
issuance of serial bonds andlor notes in an amount not to exceed $850.000" is classified as a
• Tvpe II Action pursuant to SEORA Rules and Reeulations 6 NYCRR Section 617.5, is not
subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town
Code of the Town of Southold, Waterfront Consiste~ncy_,R`e`v'iew.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
•
Generated May 9, 2008 Page 48
r
DELAFIELD & WOODLLP
PHONE (212) 820-9300 ONE CHASE MANHATTAN PLAZ4 NEW YORK
FAX (2121 514-84 25 NEW YORK. NY 10005 WASHINGTON
WWW.HAWKINB.COM NEWARK
HARTFORD
LOS ANGELES
SACRAMENTO
SAN FRANCISCO
(212) 820-9416 May 5, 2008
Town of Southold, New York
Increase and Improvement of Facilities
of the Southold Solid Waste Management District
• Our File Designation: 2615/31686
Kieran M. Corcoran, Esq.
Assistant Town Attorney
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971-0959
Dear Kieran:
Pursuant to your request, I have had prepared a revised drafr of the Order Calling
Public Hearing concerning the increase and improvement of the facilities of the above District at
the estimated total cost of $850,000 and calling for a public heazing to be held next month,
adopted by the Town Board on May 6, 2008.
• Pursuant to Section 202-b of the Town Law, a notice, in substantially the form
attached to the Order Calling Public Hearing and designated as Exhibit "A", is to be published
in the official Town newspaper ("The Suffolk Times"), posted on the sign board of the Town,
and mailed by first class mail to the owners of benefited real property in the District, not less
than ten (10) nor more than twenty (20) days prior to the date of the public hearing.
I am also sending along as the last several pages to this document a copy of the
Notice Calling Public Hearing, together with drafrs of the Town Clerk's Affidavit of Posting and
Affidavit of Mailing.
In addition, we would direct your attention to the description of the
environmental review conducted by the Town pursuant to SEQRA with respect to the
Project. We would ask that you confirm that the project is a Type II action pursuant to
SEQRA.
May I ask that you obtain and forward to me a certified copy of the Order Calling
Public Hearing and original Affidavits of Publication, Posting and Mailing, with copies of the
Notice as published, posted and mailed attached thereto.
Please do not hesitate to call at your convenience if we may be of further
assistance.
Thanking you and with kind regards, I remain
Sincerely yours,
Gerard Fernandez, Jr.
GF, Jr./dfg
Enclosures
A regular meeting of the Town Board of the
Town of Southold, in the County of Suffolk,
New York, held at the Town Hall, 53095
Main Road, Southold, in said Town, on the
6th day of May, 2008.
PRESENT:
Hon. Scott A. Russell, Supervisor
Louisa P. Evans, Justice
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson
-------------------------------------------------------------X
In the Matter
• of the
Increase and Improvement of Facilities of
the Southold Solid Waste Management ORDER CALLING PUBLIC
District, in the Town of Southold, in the HEARING TO BE HELD ON
County of Suffolk, New York, pursuant to JUNE 3, 2008
Section 202-b of the Town Law.
------------------------------------------------------------X
RECITALS
WHEREAS, the Town Board of the Town of Southold (herein called "Town
Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the
Southold Solid Waste Management District, heretofore established and now existing in the Town
(hereinafter sometimes called "District"), has heretofore determined that it is in the best interests
• of the Town and the District (i) to improve the existing Transfer Station within the District by
constructing an overhead garage door addition to the southwest side of the Station (the "Transfer
Station Improvements"), at the estimated maximum cost of $180,500, and (ii) to acquire various
equipment, including a trommel screening plant, a compost bagger and shelter, afront-end wheel
loader and a walking floor transfer trailer, for use by the District, at the estimated maximum cost
of $669,500 (the "Equipment Acquisitions" and together with the Transfer Station
Improvements, the "Project"). The estimated total cost of the Project is $850,000, including
preliminary costs and costs incidental thereto and to the financing thereof; and
WHEREAS, grant funds may be received from the United States of America, the
State of New York and any other available sources to pay a part of such cost, and any such grant
funds received or to be received, shall be applied towards the cost of said object or purpose or
redemption of the bonds and/or notes issued therefor, or shall be budgeted as an offset to the
taxes for the payment of the principal and interest on said bonds and/or notes; and
WHEREAS, the Town Board and the Town have complied in every respect with
all applicable Federal, State and local laws and regulations regarding environmental matters,
have given due consideration to the impact that the Project may have upon the environment and,
on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New
York State Environmental Quality Review Act (hereinafter sometimes called "SEQRA") has
heretofore found and determined that the Project is a Type II Action, no further review is
required and/or other applicable documentation has been issued and filed in the office of the
Town Clerk;
NOW, THEREFORE, BE IT
ORDERED, that a meeting of the Town Board of the Town be held at the Town
Hall, 53095 Main Road, Southold, New York, in the Town, on the 3rd day of June, 2008, at 7:00
o'clock P.M. (Prevailing Time), to consider the Project at the estimated total cost of $850,000
and to hear all persons interested in the subject thereof concerning the same and for such other
action on the part of the Town Board with relation thereto as may be required by law; and be it
FURTHER ORDERED, that the Town Clerk (i) publish at least once in the
• "SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold and hereby
designated as the official newspaper of the Town for such publication, (ii) post on the Town sign
board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and (iii)
mail by first class mail to each owner of taxable real property in the District, a notice of such
public hearing in substantially the form attached hereto designated Exhibit "A" and hereby
made a part hereof, the first publication thereof, said posting and said mailing to be not less than
ten (10) nor more than twenty (20) days before the date of such public hearing.
DATED: May 6, 2008
TOWN BOARD OF THE TOWN OF SOUTHOLD
Hon. Scott A. Russell, Supervisor Thomas H. Wickham, Councilperson
•
Louisa P. Evans, Justice Vincent M. Orlando, Councilperson
William P. Ruland, Councilperson Albert J. Krupski, Jr., Councilperson
(SEAL)
EXHIBIT A
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of the
Town of Southold ("Town"), Suffolk County, New York, on the 3rd day of June, 2008, to
consider the increase and improvement of the facilities of the Southold Solid Waste Management
District ("District"), described as (i) to improve the existing Transfer Station within the District
by constructing an overhead garage door addition to the southwest side of the transfer station, at
the estimated maximum cost of $180,500 (the "Transfer Station Improvements"), and (ii) to
acquire various equipment, including a trammel screening plant, a compost bagger and shelter, a
• front-end wheel loader and a walking floor transfer trailer, for use by the District, at the
estimated maximum cost of $669,500 (the "Equipment Acquisitions" and together with the
Transfer Station Improvements, the "Project"). The estimated total cost of the Project is
$850,000, including preliminary costs and costs incidental thereto and to the financing thereof;
provided that grant funds may be received from the United States of America, the State of New
York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act ("SEQRA")
the Board, as Lead Agency, has determined that the Project is a Type II Action, no further review
is required and/or other applicable documentation has been issued and filed in the office of the
Town Clerk
NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall,
53095 Main Road, Southold, New York, at 4:35 o'clock P.M. (Prevailing Time), on June 3,
• 2008, for the purpose of conducting a public hearing to consider the Project, as hereinabove
described.
At said public hearing, the Town Board will hear all persons interested in said
subject matter thereof concerning the same.
Dated: May 6, 2008
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suffolk, New York, DO HEREBY CERTIFY, that I have compared the preceding
Order Calling Public Hearing To Be Held On June 3, 2008 with the original thereof filed in my
office on the day of May, 2008, and that the same is a true and correct copy of said original
and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Corporate seal of said Town on this day of
May, 2008.
(SEAL)
Town Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
JUNE 3, 2008
WHEREAS, it has been determined by the Town Board (the "Board") of the
Town of Southold ("Town"), Suffolk County, New York, on the 3rd day of June, 2008, to
consider the increase and improvement of the facilities of the Southold Solid Waste Management
District ("District"), described as (i) to improve the existing Transfer Station within the District
by constructing an overhead garage door addition to the southwest side of the transfer station, at
the estimated maximum cost of $180,500 (the "Transfer Station Improvements"), and (ii) to
acquire various equipment, including a trammel screening plant, a compost bagger and shelter, a
front-end wheel loader and a walking floor transfer trailer, for use by the District, at the
estimated maximum cost of $669,500 (the "Equipment Acquisitions" and together with the
Transfer Station Improvements, the "Project"). The estimated total cost of the Project is
• $850,000, including preliminary costs and costs incidental thereto and to the financing thereof;
provided that grant funds may be received from the United States of America, the State of New
York or any other available sources to pay a part of some of such said costs.
Pursuant to the New York State Environmental Quality Review Act ("SEQRA")
the Board, as Lead Agency, has determined that the Project is a Type II Action, no further review
is required and/or other applicable documentation has been issued and filed in the office of the
Town Clerk
NOTICE IS HEREBY GIVEN that the Town Board will meet at the Town Hall,
53095 Main Road, Southold, New York, at 4:35 o'clock P.M. (Prevailing Time), on June 3,
2008, for the purpose of conducting a public hearing to consider the Project, as hereinabove
described.
• At said public hearing, the Town Board will hear all persons interested in said
subject matter thereof concerning the same.
Dated: May 6, 2008
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville
Southold Town Clerk
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
ELIZABETH A. NEVILLE, being duly sworn, deposes and says:
That she is and at all the times hereinafrer mentioned she was the duly elected,
qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, New York;
that on the day of 2008, she caused to be conspicuously posted and
fastened up a certified copy of the Order Calling Public Hearing to be held on June 3, 2008, a
• true and complete copy of which is annexed hereto and made a part hereof, on the sign board of
said Town maintained pursuant to Section 30, subdivision 6, of the Town Law.
Town Clerk
Subscribed and sworn to before me
this day of , 2008.
• Notary Public, State of New York
AFFIDAVIT OF MAILING
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
ELIZABETH A. NEVILLE, being duly sworn upon her oath deposes and says:
That she is and at all times hereinafter mentioned she was the duly qualified Town
Clerk of the Town of Southold, in the County of Suffolk, State of New York; that on the
• day of , 2008, she mailed or caused to be mailed, by first class mail, a copy of the
Notice of Public Hearing to be held on June 3, 2008, a true and complete copy of which is
annexed hereto and made a part hereof, to each owner of property benefited by the improvements
referred to in said Notice as shown upon the assessment roll of said Town.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town this day of
May, 2008.
•
(SEAL)
Town Clerk
Subscribed and sworn to before me
this day of May, 2008.
Notary Public, State of New York
AFFIDAVIT OF MAILING
STATE OF NEW YORK )
ss:
COUNTY OF SUFFOLK )
CARMINE ARPAIA, being duly sworn upon his oath deposes and says:
That on the day of , 2008, he mailed or caused to be mailed,
by first class mail, a copy of the Notice of Public Hearing to be held on June 3, 2008, a true and
• complete copy of which is annexed hereto and made a part hereof, to each owner of property
benefited by the improvements referred to in said Notice as shown upon the assessment roll of
said Town.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town this day of
May, 2008.
• (SEAL)
Carmine Arpaia
Subscribed and sworn to before me
this day of May, 2008.
Notary Public, State of New York
ICI
M (L:. _
Southold Town E3oard -Letter Board Meeting°of April 22, 2008
~Wi4k
RESOLUTION 2008-405 Item #
ADOPTED DOC ID: 3811
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-405 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 22, 2008:
RESOLVED that the Town Board of the Town of Southold hereby finds that the issuance of a
bond for the increase and improvement of the facilities of the Southold Solid Waste
Management District ("District"I is classified as a Tvpe II action pursuant to SEORA rules
• and regulations, 6 NYCRR section 617.5, and is not subject to review under SEQRA.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski ]r., Wickham, Evans, Russell
•
Generated April 24, 2008 Page 43
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a~ ~ ~ No. 7R-1 51,135,000 ~ -
z ` UNCFED STATES OF AMERICA ~r
;i„
STATE OF NEW YORK - ~'x,',
. COUNTY OF SUFFOLK ifs
,=ci TOWNOFSOUTHOLD
, BOND ANTICII'ATION NOTE FOR VARIOUS PURPOSES-2011 ! v¢ I ; '
~)~4. The Towo of Southold, in the County of Suffolk a municipal corporation of the State of New York, hereby r
' S)):' M' acknowledges itself indebted and for value received promises to pay to JPMorgan Chase Bank, N.A., Melville, New York, as ! llt?t ~
-.f+~#" w ~ registered owner, the sum of ONE MILLION ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS (51,135,000) on _
the 31st day of August, 2012, together with interest thereon from the date hereof at the rate of seventy-four hundredths of one I ~a=.
0~ per centum (0.74•/<) per annum, payable at maturity. Both principal of and interest on this Note will be paid in lawful money ~~3
of the United States of America, at JPMorgan Chase Bank, N.A., Melville, New York
~ .Both principal ~ of and interest on this Note shall be payable only to the registered holder, his legal t ~{r€
representatives, successors or vansferees. This Note shall be transferab]e only upon presentation to such Town Clerk with a I t>il : I
Y!C~• vvntten transfer of title and such Town Clerk shall thereupon register this Note in the name of the transferee in his books and sfiall i~r~~
~S A ~ endorse a certificate of such registration hereon. Such transfer shall be dated, and signed by the registered holder, or his legal i ~ ; a
- representatives, and it shall be duly acknowledged or proved, or in the alternative the signature thereto shai3 be certified as to its
genuineness by an officer of a bank or trust company located and authorized to do business in this State. "~~s~~f'',
af~ I
This Note is the only Note of an authorized combined renewal issue, the principal amount of which is S 1,135,000.
`t~Mio ~ ~ '
tt This Note is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated ~ ;se '
t, t~.~ Laws of [he State of New York, various bond resolutions adopted by the Town Board on their respective dates, authorizing the '
,t"~y~"6: issuance of serial bonds for various purposes in said Town, and the Certificate of Determination executed by [he Supervisor on ~ t .r
~}F'~~ September 1, 20] 1. i~~~~~_
.n!In"? This Note has been designated by the Town as a qualified tax-exempt obligation pursuant to the provisions of Section ' ~
~ 265 of the Internal Revenue Code of 1986, as amended. x
~rifi,~ - The faith and credit of such Town are hereby irrevocably pledged for the punctual payment of the principal of and 'A
interest on this Note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the , ~t~ rE.
~ Constitution and statutes of the State of New York to exist, to have happened and to have been performed precedent to and in the t4,lr
`~.~:,+"t~ issuance of this Note, exist, have happened and have been performed, and that this Note, together with all other indebtedness of f~> ,
~ ~ such Town, is within every debt and other limit prescribed by the Constitution and laws of such State. ( 41;,. ,
~ a
r,,~,<„ IN WITNESS WHEREOF, [he Town of Southold has caused this Note to be executed in its name by its Supervisor, /i'~
and its corporate seal (or a facsimile thereof) to be affixed,smprinted, impressed or otherwise reproduced hereon and attested by ~i
its Town Clerk and this Note to be dated as of the 1st day of September, 2011.
xi,."Y,!~: TO OF SOUTHOLD
Tx'9 P
tt? ~ (SEAL) t
' - Supervisor ~ 1~~
ATTEST:
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CERTIFICATE OF DETERMINATION BY THE SUPERVISOR
RELATIVE TO AUTHORIZATION, SALE, ISSUANCE, FORM
AND CONTENTS OF THE $1,135,000 BOND ANTICIPATION
NOTE FOR VARIOUS PURPOSES-2011 OF THE TOWN OF
SOUTHOLD, NEW YORK.
I, Scott A. Russell, Supervisor of the Town of Southold, New York (herein called
the "Town"), HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the
chief fiscal officer of the Town, by the Town Board of the Town, pursuant to the bond
resolutions duly adopted and amended and as referred to in the paragraphs below and subject to
the limitations prescribed in said bond resolutions, I have made the following determinations:
1. A bond anticipation note of the Town in the principal amount of $18,000
shall be issued to renew, in part, the $21,000 bond anticipation note dated September 2, 2010,
maturing September 2, 2011, and heretofore issued in anticipation ofthe sale ofthe serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
July 17, 2007, ratifying the appropriation of $30,000 to finance a
part ofthe cost of construction of improvements to certain highways
in the Hamlet of Orient, known as Ryder Farm Lane and Park View
Lane; stating the estimated maximum cost thereof is $180,000, with
$150,000 of said cost expected to be paid from other sources; and
authorizing the issuance of $30,000 serial bonds of said Town to
fmance said $30,000 appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 2, 2010, the redemption of said $21,000
bond anticipation note having been heretofore provided to the extent of $3,000 from a source
other than the proceeds of serial bonds.
2. A bond anticipation note ofthe Town in the principal amount of $165,000
shall be issued to renew, in part, the $315,000 bond anticipation note dated September 2, 2010,
maturing September 2, 2011, and heretofore issued in anticipation ofthe sale ofthe serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 17, 2008, appropriating $590,000 for the increase and
improvement of facilities of the Southold Solid Waste Management
District, in said Town, and authorizing the issuance of $590,000
serial bonds of said town to finance said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 2, 2010, the redemption of said
$315,000 bond anticipation note having been heretofore provided to the extent of $150,000 from
a source other than the proceeds of serial bonds.
3. A bond anticipation note of the Town in the principal amount of $180,000
shall be issued to renew, in part, the $280,000 bond anticipation note dated September 2, 2010,
maturing September 2, 2011, and heretofore issued in anticipation ofthe sale ofthe serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
July 29, 2008, appropriating $400,000 to pay the cost of acquiring
the easterly half of the certain piece of parcel of land, containing
one half of one acre, more or less, situate adjacent to the Town Hall
property, and previously acquired by the town pursuant to the
eminent domain proceeding (Index No. 06-23054) commenced in
the Supreme Court of the State of New York, Suffolk County, on
August 3, 2006, and authorizing the issuance of $400,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 2, 2010, the redemption of said
$280,000 bond anticipation note having been heretofore provided to the extent of $100,000 from
a source other than the proceeds of serial bonds.
4. A bond anticipation note of the Town in the principal amount of $82,000
shall be issued to renew, in part, the $1,400,000 bond anticipation note dated September 2, 2010,
maturing September 2, 2011, and heretofore issued in anticipation ofthe sale ofthe serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
March 9, 2010 and amended May 4, 2010, authorizing the
construction of improvements to various roads on Fishers Island,
includmg related drainage improvements, stating the estimated
maximum cost thereof is $1,400,000, appropriating said amount
for such purpose, and authorizing the issuance of $1,400,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 2, 2010, the redemption of said
$1,400,000 bond anticipation note having been heretofore provided to the extent of $1,318,000
from a source other than the proceeds of serial bonds.
5. A bond anticipation note of the Town in the principal amount of $440,000
shall be issued to renew, in part, the $700,000 bond anticipation note dated September 2, 2010,
maturing September 2, 2011, and heretofore issued in anticipation ofthe sale ofthe serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 15, 2010 and amended May 4, 2010, appropriating $700,000
for the improvement of facilities ofthe Southold Town Wastewater
Disposal District, and authorizing the issuance of $700,000 serial
bonds ofsaid Town to finance said appropriation,"
duly adopted by the Town Boazd on the date therein refereed to, and the Certificate of
Determination executed by the Supervisor on September 2, 2010, the redemption of said
$700,000 bond anticipation note having been heretofore provided to the extent of $260,000 from
a source other than the proceeds of serial bonds.
6. A bond anticipation note of the Town in the principal amount of $250,000
shall be issued in anticipation of the sale of serial bonds authorized pursuant to the resolution
entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 21, 2011, authorizing the acquisition of equipment for use
by the Highway Department, stating the estimated maximum
cost thereof is $250,000, appropriating said amount for such
purpose, and authorizing the issuance of $250,000 bonds ofsaid
Town to finance said appropriation,"
duly adopted by the Town Board on the date therein referred to.
7. Said $18,000 note, said $165,000 note, said $180,000 note, said $82,000
note, said $440,000 and said $250,000 note shall be combined for the purpose of sale into a
single note issue in the aggregate principal amount of $1,135,000 (hereinafter referred to as the
"Note").
8. The terms, form and details ofsaid Note shall be as follows:
Amount and Title: $1,135,000 Bond Anticipation Note for Various Purposes-2011
Dated: September 1, 2011
Matures: August 31, 2012
Number and
Denomination: Number 7R-1, at $1,135,000
Interest Rate
per annum: 0.74%
Form of Note: Substantially in accordance with form prescribed by Schedule
B,2 ofthe Local Finance Law ofthe State ofNew York.
9. The respective amounts of bond anticipation notes originally issued in
anticipation of the issuance of the serial bonds authorized pursuant to the bond resolutions
referred to in paragraphs 1 to 6, inclusive, hereof, including the Note, are: (1) $150,000, (2)
$590,000, (3) $400,000, (4) $700,000, (5) $1,400,000 and (6) $250,000, and the respective
amounts of bond anticipation notes which will be outstanding after the issuance of the Note,
~ ~ ;
including said Note, will be: (1) $18,000, (2) $165,000, (3) $180,000, (4) $82,000, (5) $440,000
and (6) $250,000.
10. The serial bonds authorized pursuant to the resolution referred to in
paragraphs 1, 2 and 5 hereof, are for improvements which are assessable, and the serial bonds
authorized pursuant to the resolutions referred to in paragraphs 3, 4 and 6 hereof, are for
improvements which are non-assessable.
11. Pursuant to said powers and duties delegated to me, I DO HEREBY
AWARD AND SELL said Note to JPMorgan Chase Bank, N.A., Melville, New York, as
registered owner, for the purchase price of $1,135,000.00, plus accrued interest, if any, from the
date of said Note to the date of delivery thereof, and I FURTHER DETERMINE that said Note
shall be payable as to both principal and interest at JPMorgan Chase Bank, N.A., Melville,
New York, and shall bear interest at the rate of seventy-four hundredths of one per centum
(0.74%) per annum, payable at maturity.
12. Said Note shall be executed in the name of the Town by the manual
signature of its Supervisor and the corporate seal of the Town will be affixed, imprinted,
impressed or otherwise reproduced thereon and attested by its Deputy Town Clerk.
1 HEREBY FURTHER CERTIFY that the powers and duties delegated to me to
issue and sell the Note hereinabove referred to are in full force and effect and have not been
modified, amended or revoked.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of
September, 2011.
Supervisor
. ;
DEPUTY CLERK'S CERTIFICATE
I, Linda Cooper, Deputy Town Clerk of the Town of Southold, in the County of
Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing copy of the
Certificate of Determination executed by the Supervisor and the same is a true and complete
copy of the Certificate filed with said Town in my office as Deputy Town Clerk on or before the
1st day of September, 2011, and
I FURTHER CERTIFY that no resolution electing to reassume any ofthe powers
or duties mentioned in said Certificate and delegated to the Supervisor by the resolutions cited in
said Certificate and exercised by the Supervisor has been adopted by said Town Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town this 1st day of
September, 2011.
~ih_!
Deput own Clerk'
(SEAL)
ARBITRAGE AND USE OF PROCEEDS CERTIFICATE
I, Scott A. Russell, Supervisor of the Town of Southold, in the County of Suffolk,
New York (the "Issuer"), HEREBY CERTIFY and reasonably expect with respect to the
issuance of the Issuer's $1,135,000 Bond Anticipation Note for Various Purposes-2011 (herein
referred to as the "Note" or "Notes"), dated and issued on September 1, 2011, as follows:
Unless the context cleazly requires otherwise, all capitalized terms used but not
otherwise defined herein shall have the meanings set forth in Article II hereof or in the
Resolutions, the Code or the Regulations (each as defined below).
ARTICLE I
General
1.1. Authority ng atorv. I am an officer of the Issuer chazged with the
responsibility for the execution, delivery, and issuance of the Note and am acting for and on
behalf of the Issuer in signing this certificate.
1.2. Pumose of Certificate. This certificate is made for the purpose of
establishing evidence of the expectations of the Issuer as of the date hereof as to future events
regazding the amount and use of proceeds of the Note. It is intended and may be relied upon for
purposes of Sections 103 and 148 of the Internal Revenue Code of 1986, as amended (the
"Code"), and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations
(the "Regulations"). This certificate is executed and delivered as part of the record of
proceedings in connection with the issuance of the Note. The provisions of this certificate
constitute a contractual obligation of the Issuer in consideration for the purchase of and payment
for the Note by the purchaser(s) thereof.
1.3. Reasonable Expectations. This certificate sets forth the facts, estimates
and circumstances now in existence which form the basis for the Issuer's expectation that the
proceeds of the Note will not be used in a manner that would cause the Note to be an azbitrage
bond under Section 148 of the Code or a private activity bond under Sections 103 and 141 of the
Code. To the best of my knowledge and belief, such expectation is reasonable and there aze no
other facts, estimates or circumstances that would materially change that expectation.
1.4. Composite Issue. No other governmental obligations have been sold
fewer than 15 days prior to, or will be sold fewer than 15 days after, the sale date of the Note,
pursuant to a common plan of financing which are expected to be paid from substantially the
same source of funds as the Note.
1.5 No Federal Guazantee. The Issuer represents and covenants that, except
for the gross proceeds of the Note which aze: (a) invested during the temporary period referred to
in Article III, (b) held in any refunding escrow, or (c) invested in obligations of the United States
Treasury or in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank
Act, as amended by Section 511(a) of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, or any successor provision to Section 21B(d)(3) of the Federal Home
Loan Bank Act, as amended:
(i) No portion of the payment of principal or interest with respect to the Note
is or will be guazanteed directly or indirectly by the United States or any
agency or instrumentality thereof (herein "federally guazanteed"); and
(ii) No portion of the gross proceeds of the Note in excess of five percent of
such gross proceeds is or will be (A) used in making loans the payment of
principal or interest with respect to which is to be federally guazanteed, or
(B) invested directly or indirectly in federally insured deposits or
accounts.
1.6. Tax Representation. The Issuer expects to be able to and will comply with
all the procedures and provisions set forth herein, and will do and perform all acts and things
necessary and desirable within its reasonable control in order to assure that interest paid on the
Note shall be excluded from gross income of the owners thereof for the purpose of federal
income taxation.
1.7. Additional Infonnation. The Issuer will provide such other information as
may be required to assure the exclusion from gross income of interest on the Note for federal
income taxation purposes.
1.8. Non-Puroose Investments. Not more than 50% of the proceeds of the
Note are being invested in investments not acquired to carry out the governmental purposes of
the issue at a guazanteed yield and having a term of 4 yeazs or more.
1.9 IRS Information Reporting. The Issuer will make a timely filing of the
appropriate IRS Form 8038G or 8038-GC.
ARTICLE II
Use of Project and Proceeds
2.1. Authorization. (a) The Note is authorized to be issued pursuant to
applicable provisions of the laws of the State of New York and various bond resolutions duly
adopted by the Town Boazd on their respective dates (the "Resolutions"), as referred to in the
Certificate of Determination executed by the Supervisor on September 1, 2011.
(b) For purposes of this Article II the term "proceeds" means the net amount
(after payment of all costs and expenses associated with issuing the Note) received by the Issuer
from the sale of the Note, excluding accrued interest.
2.2. Purpose of Issue. The Note is being issued to provide funds for various
purposes in the Town (the "Project" or "Projects"), as further described in the Resolutions.
2.3. Use of Proceeds. A portion of the proceeds of sale of the Note in the
amount of $885,000 (the "Current Refunding Note") will be used, together with $4,339,000
available funds, to redeem prior issues of bond anticipation notes currently outstanding in the
aggregate principal amount of $5,224,000 (the "Prior Issues"), heretofore issued to finance the
Project. The balance of the proceeds of sale of the Note in the principal amount of $250,000
(the "New Money Note") will be used to provide original financing for the New Money Projects.
2.4. Ownership/Lease/Sale. The Projects will be owned by the Issuer or
another state or local governmental unit and will not be leased to any person who is not a state or
local governmental unit. It will not (except to the extent that any of the projects financed involve
grants) be sold or otherwise disposed of, in whole or in part, except for incidental sales of surplus
items the proceeds of which will not constitute net operating profits or net capital profits to the
Issuer, prior to the maturity date of the Note.
2.5. Private Loans. Not more than the lesser of 5 percent or $5,000,000 of the
proceeds of the Note will be used directly or indirectly to make loans to persons other than a
governmental unit.
2.6. Private Use. The aggregate amount of proceeds of the Note used directly
or indirectly in a trade or business carried on by a person other than a state or local
governmental unit ("Private Use"), will not exceed 10% of such proceeds in the event that more
than 10% of the principal or 10% of the interest due on the Note during the term thereof is, under
the terms of the Note or any underlying arrangement, directly or indirectly, secured by any
interest in property used or to be used for a Private Use or in payments in respect of property
used or to be used for a Private Use or is to be derived from payments, whether or not to the
Issuer, in respect of property or borrowed money used or to be used for a Private Use.
2.7. Unrelated/Related Disproportionate Use. No more than 5% of the
proceeds of the Note will be used directly or indirectly in the trade or business of a person other
than a governmental unit that is unrelated or related and disproportionate to the governmental use
of the property being financed, including any private loan financing described in Section 2.5
which meets this test. For purposes of this Arbitrage and Use of Proceeds Certificate, proceeds
of the Note aze allocable to an unrelated Private Use if such use is neither directly nor
operationally related to a governmental use and proceeds of the Note aze allocable to a
disproportionate related Private Use to the extent that the proceeds of the Note which are to be
used to finance property used by a nongovernmental person in a trade or business which is
related to the governmental use of the property referred to in Section 2.6 above, exceeds the
proceeds of the Note which are to be used for the governmental use to which such Private Use
relates.
2.8. Other Private Uses Defined. For purposes of Section 2.6 and 2.7, a
Private Use consists of any contract or other arrangement including, without limitation, leases,
management contracts, guazantee contracts, take or pay contracts, or put or pay contracts, which
provides for a use of the Projects by a person or persons who are not State or local governments
on a basis different than the general public. Any management, or operations contract or
agreement which provides for nongovernmental use will provide for reasonable compensation
which is in no part based on net profits and will satisfy the provisions of (a), (b) or (c) below:
(a) for contracts which provide compensation for each annual period based
on a periodic fixed fee, a capitation fee or combination thereof, (i) the contract has a term
(including renewal options) not exceeding five yeazs; (ii) the issuer may terminate the contract,
without penalty, at the end of any three year period, and (iii) at least 50% of the compensation
paid is on a periodic, fixed fee basis;
(b) for contracts entered into or materially modified (other than pursuant to a
renewal option) after March 15, 1993, which provide compensation based on a per unit fee or a
combination per unit and periodic fixed fee, (i) the contract has a term (including renewal
options) not exceeding three yeazs; (ii) the issuer may terminate such contract (without penalty)
at the end of the second yeaz of the term, and (iii) the amount of the per unit fee is specified in
the contract or otherwise limited by the qualified user or a third party;
(c) for contracts entered into or materially modified (other than pursuant to a
renewal option) after March 15, 1993, which provide compensation based on a percentage of
fees chazged, (i) the contract has a term (including renewal options) not exceeding two yeazs,
(ii) the issuer may terminate the contract (without penalty) at the end of the first yeaz, and
(iii) the service provider primarily provides services to third parties or the contract involves a
facility during an initial start-up period;
(d) For purposes of this Section 2.8:
(i) "capitation fee" means a fixed periodic amount paid under a management
contract or agreement for each person for whom the service provider
assumes the responsibility to provide all needed services for a specified
period, provided the quantity and type of services actually provided vary
substantially;
(ii) "periodic fixed fee" means a stated dollaz aznount for services rendered
during a specified period of time (i.e. $XX per month) which amount may
automatically increase according to a specified, objective, external standard;
and
(iii) "per unit fee" means a stated dollaz amount for each unit of service
provided (i.e. $XX per medical procedure).
2.9 Pooled Loan Financines. To the extent the amount of proceeds of the
Note to be used to make loans to any borrowers (including loans referred to in Section 2.5 above
and loans to state or local governmental units) exceeds $5,000,000, at least 95% of the net
proceeds of the issue (as defined in Section 150 of the Code but without including proceeds used
to finance costs of issuance or capitalized interest) that aze to be used to make loans, will have
been used within 3 yeazs of the date hereof to make such loans. The payment of legal and
underwriting costs is not contingent and at least 95% of the reasonably expected legal and
underwriting costs associated with issuance will be paid within 180 days of the date hereof.
2.10 Output Facilities. No more than 5% of the proceeds of the Note aze to be
used with respect to any output facility (other than a facility for the fiunishing of water). No
more than the lesser of $5,000,000 or 5% of the proceeds of the Note aze to be used (directly or
indirectly) for the acquisition of a nongovernmental output facility.
ARTICLE III
Arbitrage/Rebate Exemption
3.1 Temporazy Period-Refunding. With respect to the proceeds of the sale of
the Current Refunding Note representing proceeds allocable to the Prior Issue:
(a) All of the proceeds of the Prior Issue have been expended, or any such
proceeds which have not been expended as of the date hereof, shall become transferred proceeds
of this issue. Such transferred proceeds may be invested without restriction as to yield until three
yeazs after the date of original issuance of the Prior Issue. If any transferred proceeds remain
unexpended after three years after the date of original issuance of the Prior Issue, such proceeds
will be invested at a yield not in excess of the yield on the Note.
(b) The proceeds of the Note will be used to refund the Prior Issue within 90
days of the date hereof, and may be invested during such time without restriction as to yield.
3.2 Temporary Period-New Money. With respect to the New Money Note:
(a) The Issuer has entered into or will enter into within six months from the
date of this certificate, binding commitment(s) for the acquisition, construction or
accomplishment of the New Money Project cited in Section 2.2 hereof, and the amount of such
commitment(s) with respect to such New Money Project will or do exceed the amount equal to
5% of the New Money Note, being the aggregate amount of obligations currently issued for such
New Money Project.
(b) Such New Money Project has been completed, or, if such New Money
Project has not been completed, work on the acquisition, construction or accomplishment of such
New Money Project will proceed or is proceeding with due diligence to completion.
(c) It is reasonably expected that at least 85 percent of the net sale proceeds of
such New Money Note will be expended within three years from the date of this Certificate. No
more than 50 percent of the proceeds of the Note will be invested in nonpurpose investments
with a term of four yeazs or more.
3.3 Rebate. (a) Neither the Prior Issue nor the New Money Note was or is
subject to the rebate requirement imposed by Section 148 of the Code because, with respect to
each:
(i) the Issuer was or is a governmental unit with general taxing powers;
(ii) the Prior Issue/New Money Note did not or does not constitute a "private
activity bond" as that term is defined in Section 141 of the Code;
(iii) ninety-five percent or more of the net proceeds of the sale of the Prior
Issue/New Money Note was or is to be used for local govenunental
activities of the Issuer; and
(iv) the Issuer (including all agencies, instrumentalities and political
subdivisions of the Issuer) reasonably expected or expects that the
aggregate face amount of all tax-exempt bonds issued by the Issuer during
the calendaz yeaz in which the Prior Issue was issued and the current
calendaz yeaz would not or will not exceed $5,000,000. For purposes of
such determination, no tax-exempt obligation was or shall be taken into
account if it was or is a current refunding obligation issued in the calendaz
year in which the Prior Issue/New Money Note (as applicable) was or is
being issued which does not exceed the outstanding (redeemed) principal
amount of the obligation to be refunded.
(b) The Current Refunding Note is not subject to the rebate requirement
imposed by Section 148 of the Code because all of the Gross Proceeds of such Current
Refunding Note will be expended to pay the Prior Issue within 90 days of the date hereof and
will, therefore, qualify for the six-month expenditure exception to rebate.
3.4 No Excess Proceeds. The total proceeds of sale of all bond anticipation
notes issued to date for the Project do not exceed the total cost of the Project.
3.5 Source of Re~avment Funds. The Note will be paid from taxes and the
proceeds of other obligations of the Issuer issued to fund the Note.
3.6 Debt Service Fund. The taxes used to pay principal and interest on the
Note, whether or not deposited in a debt service fund, will be expended within 13 months of the
date of deposit in such fund, or the date of their accumulation, in the payment of debt service on
the Note. Any amounts received from the investment of such deposit or accumulation will be
expended within one yeaz of receipt. The debt service fund, if any, will be used to achieve a
proper matching of revenues and debt service and will be depleted at least annually except for a
reasonable carryover amount which will not exceed the greater of the earnings on such fund for
the immediately preceding yeaz or one-twelfth of the debt service on the Note.
3.7 Sinking Funds. Except for the debt service fund described herein the
Issuer has not created or established, and does not expect to create or establish, any sinking fund
or other similaz fund which the Issuer reasonably expects to use to pay principal or interest on
the Note.
ARTICLE IV
Bank Qualification
4.1 Desi ng ation. The Note is hereby designated as a "qualified tax-exempt
obligation" pursuant to the provisions of Section 265 of the Code.
(a) In making such designation it has been determined with respect to the
Current Refunding Note that:
(i) the Note currently refunds the Prior Issue;
(ii) the Prior Issue was designated as a "qualifiedtax-exempt obligation";
(iii) the aggregate face amount of the Note does not exceed $10,000,000;
(iv) the Prior Issue had a weighted average maturity of 3 yeazs or less;
(v) the maturity date of the Note, as measured from the original date of
issuance of the notes issued pursuant to the Resolutions, in renewal of
which such Note is being issued, does not exceed 30 yeazs; and
(vi) not more than $30,000,000 of obligations issued by the Issuer during the
calendar yeaz in which the Prior Issue was issued were designated by the
Issuer as "qualified tax-exempt obligations."
(b) In making such designation it has been determined with respect to the
New Money Note that:
(i) the Issuer does not reasonably anticipate that the amount of "qualified tax-
exempt obligations" to be issued by the Issuer during the current calendaz
year will exceed $10,000,000; and
(ii) the amount of "qualified tax-exempt obligations" issued by the Issuer
during the current calendaz yeaz does not as of this date, and including this
issue, exceed $10,000,000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Town of Southold, as of the 1st
day of September, 2011.
(SEAL) Supervisor
,s r
CERTIFICATES AS TO SIGNATURES, LITIGATION,
AND DELIVERY AND PAYMENT
WE, the undersigned officers of the Town of Southold, in the County of Suffolk,
a municipal corporation of the State of New York and herein referred to as the "Town,"
HEREBY CERTIFY that on or before September 1, 2011, we officially signed and properly
executed by manual signatures the $1,135,000 Bond Anticipation Note for Various Purposes-
2011 (the "Note") of the Town, payable to JPMorgan Chase Bank, N.A., Melville, New York,
as registered owner, and as otherwise described in Schedule A annexed hereto and by this
reference made a part hereof, and that at the time of such signing and execution and on the date
hereof we were and are the duly chosen, qualified and acting officers of the Town authorized to
execute the Note and holding the respective offices indicated by the titles set opposite our
signatures hereto for terms expiring on the respective dates set opposite such titles.
WE FURTHER CERTIFY that no litigation of any nature is now pending or
threatened restraining or enjoining the issuance or delivery of the Note or the levy or collection
of any taxes to pay the interest on or principal of the Note, or in any manner questioning the
authority or proceedings for the issuance of the Note or for the levy or collection of said taxes, or
relating to the Note or affecting the validity thereof or the levy or collection of said taxes, that
neither the corporate existence or boundaries of the Town nor the title of any of the present
officers thereof to their respective offices is being contested, and that no authority or proceedings
for the issuance of the Note has or have been repealed, revoked or rescinded.
WE FURTHER CERTIFY that the seal which is impressed upon this certificate
(or a facsimile thereof) has been affixed, impressed, imprinted or otherwise reproduced upon the
Note and is the legally adopted, proper and only official corporate seal of the Town.
And I, Scott A. Russell, Supervisor, HEREBY FURTHER CERTIFY that on
September 1, 2011, I delivered or caused the delivery of the Note to JPMorgan Chase Bank,
N.A., Melville, New York„ the purchaser thereof, and that at the time of such delivery of said
Note, the Town received from said purchaser the amount hereinbelow stated, in full payment for
said Note, computed as follows:
Price ......................................................................................$1,135,000.00
Interest on said Note accrued to the
date of such delivery -0-
Amount Received ..................................................................$1,135,000.00
f
IN WITNESS WHEREOF, we have hereunto set our hands and said corporate
seal has hereunto been affixed this 1st day of September, 2011.
nature Term of Office Expires Title
~~,~,~7~~y ~ December 31, 2011 Supervisor
_ December 31, 2013 Deputy Town Clerk
(SEAL)
I HEREBY CERTIFY that the signatures of the officers of the above-named
Town, which appear above, are true and genuine an~d~that~I
know said officers and know them
to hold the offices set opposite their si n'tures. C/~~/G«-C
John A. Cushman, II
Town Comptroller
v
ATTORNEY'S CERTIFICATE
I, Martin Finnegan, Esq., HEREBY CERTIFY that I am a licensed attorney at law
of the State of New York, and am the duly chosen, qualified and acting Town Attomey of the
Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York
and herein referred to as the "Town", that no litigation of any nature is now pending or
threatened restraining or enjoining the issuance or delivery of the $1,135,000 Bond Anticipation
Note for Various Purposes-2011 (the "Note") of the Town, payable to JPMorgan Chase Bank,
N.A., Melville, New York, as registered owner, and as otherwise described in Schedule A
annexed hereto and by this reference made a part hereof, or the levy or collection of any taxes to
pay the interest on or principal of the Note, or in any manner questioning the authority or
proceedings for the issuance of the Note or for the levy or collection of said taxes, or relating to
the Note or affecting the validity thereof or the levy or collection of said taxes, that neither the
corporate existence or boundaries of the Town nor the title of any of the present officers thereof
to their respective offices is being contested, and that no authority or proceedings for the
issuance of the Note has or have been repealed, revoked or rescinded.
I HEREBY FURTHER CERTIFY that there is no controversy or litigation of any
nature now pending or threatened by or against the Town wherein an adverse judgment or ruling
could have a material adverse impact on the financial condition of the Town or adversely affect
the power of the Town to levy, collect or enforce the collection of taxes or other revenues for the
payment of the Note, which has not been disclosed in the Official Statement relating to the Note.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of
September 11.
Attomey
SCHEDULE A
Amount and Title: $1,135,000 Bond Anticipation Note for Various Purposes-2011
Dated: September 1, 2011
Matures: August 31, 2012
Number: 7R-1, at $1,135,000
Interest Rate
per annum: 0.74%
[ _
AFFIDAVIT AS TO NO CONFLICT OF INTEREST
STATE OF NEW YORK )
:ss:
COUNTY OF SUFFOLK )
Linda Cooper, being duly sworn upon her oath deposes and says:
1. I am the duly appointed, qualified and acting Deputy Town Clerk of the
Town of Southold, in the County of Suffolk, New York (herein and in Schedule A annexed
hereto called the "Town");
2. That with respect to the contract of sale of the Note of the Town described
in the Certificate of Determination executed by the Supervisor on the 1st day of September,
2011, to the financial institution indicated in such Certificate, I have made a careful inquiry of
each officer and employee of the Town having the power or duty to (a) negotiate, prepare,
authorize or approve the contract or authorize or approve payment thereunder, (b) audit bills or
claims under the contract, or (c) appoint an officer or employee who has any of the powers or
duties set forth above, as to whether or not such officer or employee has an interest (as defined
pursuant to Article 18 ofthe General Municipal Law) in such contract;
3. That upon information and belief, as a result of such inquiry, no such
officer or employee has any such interest in said contract unless otherwise noted in Schedule A
annexed hereto and by this reference made a part hereof.
~.(/k ~ ~n.l7ihJ
~eputlY y Towri~ Clerk
Subscribed and sworn to before me
this day of September, 2011.
C~~e~
Notary Public, State ofNew York
10NN A GUSHMAN
Notary Cublic, State, or New York
No. 01CU6174322
QWIH1atl Ih Suffolk County
Commission Expires Saptembar 17, 20»'
'
SCHEDULE A
1. is a stockholder of the Purchaser owning or
controlling, directly or indirectly, less than five per centum (5%) of the outstanding stock thereof
but no disclosure of such interest by said officer is required pursuant to said Law.
2. ,has an interest in the Purchaser solely by reason
of employment as an officer or employee thereof, but the remuneration of such employment will
not be directly affected as a result of said contract and the duties of such employment do not
directly involve the procurement, preparation or performance of any such part of such contract.
3. ,has publicly disclosed the nature and extent of
such interest in writing to the governing board of the Town. Such written disclosure has been
made a part of and set forth in the official record of proceedings of the Town.
.d
a
~ No. 8R-1 $800,000
UNITED STATES OF AMERICA
STATE OF NEW YORK
COUNTY OF SUFFOLK
TOWN OF SOUTHOLD
BOND ANTICII'ATION NOTE FOR VARIOUS PURPOSES-2012
The Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York, hereby
acknowledges itself indebted and for value received promises to pey to Bridgehampton National Bank, Bridgehampton, New
York, as registered owner, the sum of EIGHT HUNDRED THOUSAND DOLLARS ($800,000) on the 30th day of August,
2013, together with interest thereon from the dale hereof at the rate of fifty hundredths of one per centum (0.50%) per annum,
payable at maturity. Both principal of and interest on this Note will be paid in lawful money of the United Slates of America, at
Bridgehampton National Bank, Bridgehampton, New York
Both principal of and interest on this Note shall be payable only to the registered holder, his legal
representatives, successors or transferees. This Note shall be transferable only upon presentation to such Town Clerk with a
written transfer of title and such Town Clerk shall thereupon register this Note m the name of the transferee in his books and shall
endorse a certificate of such registration hereon. Such transfer shall be dated, and signed by the registered holder, or his legal '
representatives, and it shall be duly acknowledged or proved, or in the alternative the signature thereto shall be certified as to its
genuineness by an officer of a bank or tmst company located and authorized to do business in this State.
This Note is the only Note of an authorized combined new and renewal issue, the principal amount of which is
$800,000.
This Note is issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York, various bond resolutions adopted by [he Town Boazd on their respective dates, authorizing [he
issuance of serial bonds for various purposes in said Town, and the Certificate of Determination executed by the Supervisor on
August 30, 2012.
This Note has been designated by the Town as a qualified tax-exempt obligation pursuant to the provisions of Section
265 of the Internal Revenue Code of 1986, as amended.
The faith and credit of such Town arc hereby irrevocably pledged for the punctual payment of the principal of and
interest on this Note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the
Constitution and statutes of the State of New York ro exist, [o have happened and to have been performed precedent to and in the
r issuance of this Note, exist, have happened and have been performed, and that this Note, together with sll other indebtedness of
such Town, is within every debt and other limit prescribed by the Constltution and laws of such State.
IN WITNESS WHEREOF, the Town of Southold has caused this Note to be executed in its name by its Supervisor,
and its corporate seal (or a facsimile thereof) to be affixed, imprinted, impressed or otherwise reproduced hereon and attested by
its Town Clerk and this Note to be dated as of the 30th day of August, 2012.
T OFSOUTHOLD
(SEAL)
By
Supervisor
ATTEST:
~~~y//~~~,Q~{ t Ji . ~.iN/IJl
V Town Clerk
.
8
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A.
.ice I
- 1
CERTIFICATE OF DETERMINATION BY THE SUPERVISOR
RELATIVE TO AUTHORIZATION, SALE, ISSUANCE, FORM
AND CONTENTS OF THE $800,000 BOND ANTICIPATION
NOTE FOR VARIOUS PURPOSES-2012 OF THE TOWN OF
SOUTHOLD, NEW YORK
I, Scott A. Russell, Supervisor of the Town of Southold, New York (herein called
the "Town"), HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the
chief fiscal officer of the Town, by the Town Boazd of the Town, pursuant to the bond
resolutions duly adopted and amended and as referred to in the pazagraphs below and subject to
the limitations prescribed in said bond resolutions, I have made the following determinations:
1. A bond anticipation note of the Town in the principal amount of $15,000
shall be issued to renew, in part, the $18,000 bond anticipation note dated September 1, 2011,
maturing August 31, 2012, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
July 17, 2007, ratifying the appropriation of $30,000 to finance a
part of the cost of construction of improvements to certain highways
in the Hamlet of Orient, known as Ryder Farm Lane and Pazk View
Lane; stating the estimated maximum cost thereof is $180,000, with
$150,000 of said cost expected to be paid from other sources; and
authorizing the issuance of $30,000 serial bonds of said Town to
finance said $30,000 appropriation,"
duly adopted by the Town Boazd on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 1, 2011, the redemption of said $18,000
bond anticipation note having been heretofore provided to the extent of $3,000 from a source
other than the proceeds of serial bonds.
2. A bond anticipation note of the Town in the principal amount of $15,000
shall be issued to renew, in part, the $165,000 bond anticipation note dated September 1, 2011,
maturing August 31, 2012, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 17, 2008, appropriating $590,000 for the increase and
improvement of facilities of the Southold Solid Waste Management
District, in said Town, and authorizing the issuance of $590,000
serial bonds of said town to finance said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 1, 2011, the redemption of said
1193705.1
$165,000 bond anticipation note having been heretofore provided to the extent of $150,000 from
a source other than the proceeds of serial bonds.
3. A bond anticipation note of the Town in the principal amount of $90,000
shall be issued to renew, in part, the $180,000 bond anticipation note dated September 1, 2011,
maturing August 31, 2012, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
July 29, 2008, appropriating $400,000 to pay the cost of acquiring
the easterly half of the certain piece of parcel of land, containing
one half of one acre, more or less, situate adjacent to the Town Hall
property, and previously acquired by the town pursuant to the
eminent domain proceeding (Index No. 06-23054) commenced in
the Supreme Court of the State of New York, Suffolk County, on
August 3, 2006, and authorizing the issuance of $400,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Board on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 1, 2011, the redemption of said
$180,000 bond anticipation note having been heretofore provided to the extent of $90,000 from a
source other than the proceeds of serial bonds.
4. A bond anticipation note of the Town in the principal amount of $41,000
shall be issued to renew, in part, the $82,000 bond anticipation note dated September 1, 2011,
maturing August 31, 2012, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
Mazch 9, 2010 and amended May 4, 2010, authorizing the
construction of improvements to various roads on Fishers Island,
including related drainage improvements, stating the estimated
maximum cost thereof is $1,400,000, appropriating said amount
for such purpose, and authorizing the issuance of $1,400,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Boazd on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 1, 2011, the redemption of said $82,000
bond anticipation note having been heretofore provided to the extent of $41,000 from a source
other than the proceeds of serial bonds.
5. A bond anticipation note of the Town in the principal amount of $330,000
shall be issued to renew, in part, the $440,000 bond anticipation note dated September 1, 2011,
maturing August 31, 2012, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
1193705.1
"Bond Resolution of the Town of Southold, New York, adopted
June 15, 2010 and amended May 4, 2010, appropriating $700,000
for the improvement of facilities of the Southold Town Wastewater
Disposal District, and authorizing the issuance of $700,000 serial
bonds of said Town to finance said appropriation,"
duly adopted by the Town Board on the date therein refened to, and the Certificate of
Determination executed by the Supervisor on September 1, 2011, the redemption of said
$440,000 bond anticipation note having been heretofore provided to the extent of $110,000 from
a source other than the proceeds of serial bonds.
6. A bond anticipation note of the Town in the principal amount of $189,000
shall be issued to renew, in part, the $250,000 bond anticipation note dated September 1, 2011,
maturing August 31, 2012, and heretofore issued in anticipation of the sale of the serial bonds
authorized pursuant to the bond resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 21, 2011, authorizing the acquisition of equipment for use
by the Highway Department, stating the estimated maximum
cost thereof is $250,000, appropriating said amount for such
purpose, and authorizing the issuance of $250,000 bonds of said
Town to finance said appropriation,"
duly adopted by the Town Boazd on the date therein referred to, and the Certificate of
Determination executed by the Supervisor on September 1, 2011, the redemption of said
$250,000 bond anticipation note having been heretofore provided to the extent of $61,000 from a
source other than the proceeds of serial bonds.
7. A bond anticipation note of the Town in the principal amount of $120,000
shall be issued in anticipation of the sale of the serial bonds authorized pursuant to the bond
resolution entitled:
"Bond Resolution of the Town of Southold, New York, adopted
June 19, 2012, authorizing the construction of vazious
improvements to Town-owned facilities located at the Town's
Highway Department yazd, at the estimated maximum cost of
$106,000 and to the Town's Police Department headquarters
building, at the estimated maximum cost of $14,000, stating the
estimated total cost thereof is $120,000, appropriating said
amount for such purposes, and authorizing the issuance of
$120,000 bonds of said Town to finance said appropriation,"
duly adopted by the Town Boazd on the date therein referred to.
8. Said $15,000 note, said $15,000 note, said $90,000 note, said $41,000
note, said $330,000 note, said $189,000 note and said $120,000 shall be combined for the
1193705.1
purpose of sale into a single note issue in the aggregate principal amount of $800,000
(hereinafter referred to as the "Note").
9. The terms, form and details of said Note shall be as follows:
Amount and Title: $800,000 Bond Anticipation Note for Vazious Purposes-2012
Dated: August 30, 2012
Matures: August 30, 2013
Number and
Denomination: Number 8R-1, at $800,000
Interest Rate
per annum: 0.50%
Form of Note: Substantially in accordance with form prescribed by Schedule
B,2 of the Local Finance Law of the State of New York.
10. The respective aznounts of bond anticipation notes originally issued in
anticipation of the issuance of the serial bonds authorized pursuant to the bond resolutions
referred to in pazagraphs 1 to 7, inclusive, hereof, including the Note, aze: (1) $150,000, (2)
$590,000, (3) $400,000, (4) $1,400,000, (5) $700,000, (6) $250,000 and (7) $120,000, and the
respective amounts of bond anticipation notes which will be outstanding after the issuance of the
Note, including said Note, will be: (1) $15,000, (2) $15,000, (3) $90,000, (4) $41,000, (5)
$330,000, (6) $189,000 and (7) $120,000.
11. The serial bonds authorized pursuant to the resolutions referred to in
pazagraphs 1, 2 and 5 hereof, are for improvements which aze assessable, and the serial bonds
authorized pursuant to the resolutions referred to in pazagraphs 3, 4, 6 and 7 hereof, aze for
improvements which are non-assessable.
12. Pursuant to said powers and duties delegated to me, I DO HEREBY
AWARD AND SELL said Note to Bridgehampton National Bank, Bridgehampton, New
York, as registered owner, for the purchase price of $800,000.00, plus accrued interest, if any,
from the date of said Note to the date of delivery thereof, and I FURTHER DETERMINE that
said Note shall be payable as to both principal and interest at Bridgehampton National Bank,
Bridgehampton, New York, and shall beaz interest at the rate of fifty hundredths of one per
centum (0.50%) per annum, payable at maturity.
13. Said Note shall be executed in the name of the Town by the manual
signature of its Supervisor and the corporate seal of the Town will be affixed, imprinted,
impressed or otherwise reproduced thereon and attested by its Town Clerk.
1193705.1
I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to
issue and sell the Note hereinabove referred to aze in full force and effect and have not been
modified, amended or revoked.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of
August, 2012.
l~..~r1
Supervisor
1193705.1
CLERK'S CERTIFICATE
I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of
Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing copy of the
Certificate of Determination executed by the Supervisor and the same is a true and complete
copy of the Certificate filed with said Town in my office as Town Clerk on or before the 30th
day of August, 2012, and
I FURTHER CERTIFY that no resolution electing to reassume any of the powers
or duties mentioned in said Certificate and delegated to the Supervisor by the resolutions cited in
said Certificate and exercised by the Supervisor has been adopted by said Town Boazd.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town this 30th day of August,
2012.
~~l~ai~ ~ ~..,~1~
`Mown Clerk
(SEAL)
1193705.1
/ ,
AFFIDAVIT AS TO NO CONFLICT OF INTEREST
STATE OF NEW YORK )
:ss:
COUNTY OF SUFFOLK )
Elizabeth A. Neville, being duly sworn upon her oath deposes and says:
1. I am the duly appointed, qualified and acting Town Clerk of the Town of
Southold, in the County of Suffolk, New York (herein and in Schedule A annexed hereto called
the "Town");
2. That with respect to the contract of sale of the Note of the Town described
in the Certificate of Determination executed by the Supervisor on the 30th day of August, 2012,
to the financial institution indicated in such Certificate, I have made a cazeful inquiry of each
officer and employee of the Town having the power or duty to (a) negotiate, prepare, authorize
or approve the contract or authorize or approve payment thereunder, (b) audit bills or claims
under the contract, or (c) appoint an officer or employee who has any of the powers or duties set
forth above, as to whether or not such officer or employee has an interest (as defined pursuant to
Article 18 of the General Municipal Law) in such contract;
3. That upon information and belief, as a result of such inquiry, no such
officer or employee has any such interest in said contract unless otherwise noted in Schedule A
annexed hereto and by this reference made a part hereof.
~a / ~,.,.~~e
Town Clerk
Subscribed and sworn to before me
this day of August, 2012.
G'CL~kcG ~ l9-ts,OlJ[~
Notazy Publi ,State of New York
LINDA J COOPER
NOTARY Pi~P; LIC, 5'. a°;a cf New York
N O.O~C0~~5225~,3, Sul Falk Coin y
Term Expire:; December u1, 20~~
1193705.1
JI ~
SCHEDULE A
1. is a stockholder of the Purchaser owning or
controlling, directly or indirectly, less than five per centum (5%) of the outstanding stock thereof
but no disclosure of such interest by said officer is required pursuant to said Law.
2. , has an interest in the Purchaser solely by reason
of employment as an officer or employee thereof, but the remuneration of such employment will
not be directly affected as a result of said contract and the duties of such employment do not
directly involve the procurement, prepazation or performance of any such part of such contract.
3. ,has publicly disclosed the nature and extent of
such interest in writing to the governing board of the Town. Such written disclosure has been
made a part of and set forth in the official record of proceedings of the Town.
1193705.1
• ~
CERTIFICATES AS TO SIGNATURES, LITIGATION,
AND DELIVERY AND PAYMENT
WE, the undersigned officers of the Town of Southold, in the County of Suffolk,
a municipal corporation of the State of New York and herein referred to as the "Town,"
HEREBY CERTIFY that on or before August 30, 2012, we officially signed and properly
executed by manual signatures the $800,000 Bond Anticipation Note for Various Purposes-2012
(the "Note") of the Town, payable to Bridgehampton National Bank, Bridgehampton, New
York, as registered owner, and as otherwise described in Schedule A annexed hereto and by this
reference made a part hereof, and that at the time of such signing and execution and on the date
hereof we were and are the duly chosen, qualified and acting officers of the Town authorized to
execute the Note and holding the respective offices indicated by the titles set opposite our
signatures hereto for terms expiring on the respective dates set opposite such titles.
WE FURTHER CERTIFY that no litigation of any nature is now pending or
threatened restraining or enjoining the issuance or delivery of the Note or the levy or collection
of any taxes to pay the interest on or principal of the Note, or in any manner questioning the
authority or proceedings for the issuance of the Note or for the levy or collection of said taxes, or
relating to the Note or affecting the validity thereof or the levy or collection of said taxes, that
neither the corporate existence or boundaries of the Town nor the title of any of the present
officers thereof to their respective offices is being contested, and that no authority or proceedings
for the issuance of the Note has or have been repealed, revoked or rescinded.
WE FURTHER CERTIFY that the seal which is impressed upon this certificate
(or a facsimile thereof) has been affixed, impressed, imprinted or otherwise reproduced upon the
Note and is the legally adopted, proper and only official corporate seal of the Town.
And I, Scott A. Russell, Supervisor, HEREBY FURTHER CERTIFY that on
August 30, 2012, I delivered or caused the delivery of the Note to Bridgehampton National
Bank, Bridgehampton, New York„ the purchaser thereof, and that at the time of such delivery
of said Note, the Town received from said purchaser the amount hereinbelow stated, in full
payment for said Note, computed as follows:
Price .........................................................................................$800,000.00
Interest on said Note accrued to the
date of such delivery -0-
Amount Received .....................................................................$800,000.00
1193705.1
IN WITNESS WHEREOF, we have hereunto set our hands and said corporate
seal has hereunto been affixed this 30th day of August, 2012.
/S~i~~a~~,~,re Term of Office Expires Title
~~~2~`°g,~~ December 31, 2013 Supervisor
December 31, 2013 Town Clerk
(SEAL)
I HEREBY CERTIFY that the signatures of the officers of the above-named
Town, which appear above, aze true and genuine and that I know said officers and know them
to hold the offices set opposite their 'gnatu
John A. Cushman, II
Town Comptroller
1193705.1
ATTORNEY'S CERTIFICATE
I, Martin Finnegan, Esq., HEREBY CERTIFY that I am a licensed attorney at law
of the State of New York, and am the duly chosen, qualified and acting Town Attorney of the
Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York
and herein referred to as the "Town", that no litigation of any nature is now pending or
threatened restraining or enjoining the issuance or delivery of the $800,000 Bond Anticipation
Note for Various Purposes-2012 (the "Note") of the Town, payable to Bridgehampton National
Bank, Bridgehampton, New York, as registered owner, and as otherwise described in Schedule
A annexed hereto and by this reference made a part hereof, or the levy or collection of any taxes
to pay the interest on or principal of the Note, or in any manner questioning the authority or
proceedings for the issuance of the Note or for the levy or collection of said taxes, or relating to
the Note or affecting the validity thereof or the lery or collection of said taxes, that neither the
corporate existence or boundazies of the Town nor the title of any of the present officers thereof
to their respective offices is being contested, and that no authority or proceedings for the
issuance of the Note has or have been repealed, revoked or rescinded.
I HEREBY FURTHER CERTIFY that there is no controversy or litigation of any
nature now pending or threatened by or against the Town wherein an adverse judgment or ntling
could have a material adverse impact on the financial condition of the Town or adversely affect
the power of the Town to levy, collect or enforce the collection of taxes or other revenues for the
payment of the Note, which has not been disclosed in the Official Statement relating to the Note.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of
August, 2012.
orney
1193705.1
SCHEDULE A
Amount and Title: $800,000 Bond Anticipation Note for Various Purposes-2012
Dated: August 30, 2012
Matures: August 30, 2013
Number: 8R-1, at $800,000
Interest Rate
per annum: 0.50%
1193705.1
- -
ARBITRAGE AND USE OF PROCEEDS CERTIFICATE
I, Scott A. Russell, Supervisor of the Town of Southold, in the County of Suffolk,
New York (the "Issuer"), HEREBY CERTIFY and reasonably expect with respect to the
issuance of the Issuer's $800,000 Bond Anticipation Note for Various Purposes-2012 (herein
referred to as the "Note" or "Notes"), dated and issued on August 30, 2012, as follows:
Unless the context clearly requires otherwise, all capitalized terms used but not
otherwise defined herein shall have the meanings set forth in Article II hereof or in the
Resolutions, the Code or the Regulations (each as defined below).
ARTICLE I
General
I.1. Authority of Signatory. I am an officer of the Issuer chazged with the
responsibility for the execution, delivery, and issuance of the Note and am acting for and on
behalf of the Issuer in signing this certificate.
1.2. Purpose of Certificate. This certificate is made for the purpose of
establishing evidence of the expectations of the Issuer as of the date hereof as to future events
regazding the amount and use of proceeds of the Note. It is intended and may be relied upon for
purposes of Sections 103 and 148 of the Internal Revenue Code of 1986, as amended (the
"Code"), and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations
(the "Regulations"). This certificate is executed and delivered as part of the record of
proceedings in connection with the issuance of the Note. The provisions of this certificate
consfitute a contractual obligation of the Issuer in consideration for the purchase of and payment
for the Note by the purchaser(s) thereof.
1.3. Reasonable Expectations. This certificate sets forth the facts, estimates
and circumstances now in existence which form the basis for the Issuer's expectation that the
proceeds of the Note will not be used in a manner that would cause the Note to be an azbitrage
bond under Section 148 of the Code or a private activity bond under Sections 103 and 141 of the
Code. To the best of my knowledge and belief, such expectation is reasonable and there aze no
other facts, estimates or circumstances that would materially change that expectation.
1.4. Composite Issue. No other governmental obligations have been sold
fewer than 15 days prior to, or will be sold fewer than 15 days after, the sale date of the Note,
pursuant to a common plan of financing which are expected to be paid from substantially the
same source of funds as the Note.
1.5 No Federal Guazantee. The Issuer represents and covenants that, except
for the gross proceeds of the Note which are: (a) invested during the temporary period referred to
in Article III, (b) held in any refunding escrow, or (c) invested in obligations of the United States
Treasury or in obligations issued pursuant to Section 21B(d)(3) of the Federal Home Loan Bank
1193705.1
Act, as amended by Section 511(a) of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, or any successor provision to Section 21B(d)(3) of the Federal Home
Loan Bank Act, as amended:
(i) No portion of the payment of principal or interest with respect to the Note
is or will be guazanteed directly or indirectly by the United States or any
agency or instrumentality thereof (herein "federally guaranteed"); and
(ii) No portion of the gross proceeds of the Note in excess of five percent of
such gross proceeds is or will be (A) used in making loans the payment of
principal or interest with respect to which is to be federally guazanteed, or
(B) invested directly or indirectly in federally insured deposits or
accounts.
1.6. Tax Representation. The Issuer expects to be able to and will comply with
all the procedures and provisions set forth herein, and will do and perform all acts and things
necessary and desirable within its reasonable control in order to assure that interest paid on the
Note shall be excluded from gross income of the owners thereof for the purpose of federal
income taxation.
1.7. Additional Information. The Issuer will provide such other information as
may be required to assure the exclusion from gross income of interest on the Note for federal
income taxation purposes.
1.8. Non-Purpose Investments. Not more than 50% of the proceeds of the
Note are being invested in investments not acquired to carry out the governmental purposes of
the issue at a guazanteed yield and having a term of 4 yeazs or more.
1.9 IRS Infonnation Reporting. The Issuer will make a timely filing of the
appropriate IRS Form 8038G or 8038-GC.
ARTICLE II
Use of Project and Proceeds
2.1. Authorization. (a) The Note is authorized to be issued pursuant to
applicable provisions of the laws of the State of New York and various bond resolutions duly
adopted by the Town Boazd on their respective dates (the "Resolutions"), as referred to in the
Certificate of Determination executed by the Supervisor on August 30, 2012.
(b) For purposes of this Article II the term "proceeds" means the net amount
(after payment of all costs and expenses associated with issuing the Note) received by the Issuer
from the sale of the Note, excluding accrued interest.
2.2. Purpose of Issue. The Note is being issued to provide funds for various
purposes in the Town (the "Project" or "Projects"), as further described in the Resolutions.
1193705.1
2.3. Use of Proceeds. A portion of the proceeds of sale of the Note in the
amount of $680,000 (the "Current Refunding Note") will be used, together with $455,000
available funds, to redeem prior issues of bond anticipation notes currently outstanding in the
aggregate principal amount of $1,135,000 (the "Prior Issues"), heretofore issued to finance the
Project. The balance of the proceeds of sale of the Note in the principal amount of $120,000
(the "New Money Note") will be used to provide original financing for the New Money Projects.
2.4. Ownership/Lease/Sale. The Projects will be owned by the Issuer or
another state or local governmental unit and will not be leased to any person who is not a state or
local governmental unit. It will not (except to the extent that any of the projects financed involve
grants) be sold or otherwise disposed of, in whole or in part, except for incidental sales of surplus
items the proceeds of which will not constitute net operating profits or net capital profits to the
Issuer, prior to the maturity date of the Note.
2.5. Private Loans. Not more than the lesser of 5 percent or $5,000,000 of the
proceeds of the Note will be used directly or indirectly to make loans to persons other than a
governmental unit.
2.6. Private Use. The aggregate amount of proceeds of the Note used duectly
or indirectly in a trade or business carried on by a person other than a state or local
governmental unit ("Private Use"), will not exceed 10% of such proceeds in the event that more
than 10% of the principal or 10% of the interest due on the Note during the term thereof is, under
the terms of the Note or any underlying arrangement, directly or indirectly, secured by any
interest in property used or to be used for a Private Use or in payments in respect of property
used or to be used for a Private Use or is to be derived from payments, whether or not to the
Issuer, in respect of property or borrowed money used or to be used for a Private Use.
2.7. Unrelated/Related Disproportionate Use. No more than 5% of the
proceeds of the Note will be used directly or indirectly in the trade or business of a person other
than a governmental unit that is unrelated or related and disproportionate to the governmental use
of the property being financed, including any private loan financing described in Section 2.5
which meets this test. For purposes of this Arbitrage and Use of Proceeds Certificate, proceeds
of the Note are allocable to an unrelated Private Use if such use is neither directly nor
operationally related to a governmental use and proceeds of the Note are allocable to a
disproportionate related Private Use to the extent that the proceeds of the Note which are to be
used to finance property used by a nongovernmental person in a trade or business which is
related to the governmental use of the property referred to in Section 2.6 above, exceeds the
proceeds of the Note which are to be used for the governmental use to which such Private Use
relates.
2.8. Other Private Uses Defined. For purposes of Section 2.6 and 2.7, a
Private Use consists of any contract or other arrangement including, without limitation, leases,
management contracts, guazantee contracts, take or pay contracts, or put or pay contracts, which
provides for a use of the Projects by a person or persons who aze not State or local governments
on a basis different than the general public. Any management, or operations contract or
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agreement which provides for nongovernmental use will provide for reasonable compensation
which is in no part based on net profits and will satisfy the provisions of (a), (b) or (c) below:
(a) for contracts which provide compensation for each annual period based
on a periodic fixed fee, a capitation fee or combination thereof, (i) the contract has a term
(including renewal options) not exceeding five yeazs; (ii) the issuer may terminate the contract,
without penalty, at the end of any three year period, and (iii) at least 50% of the compensation
paid is on a periodic, fixed fee basis;
(b) for contracts entered into or materially modified (other than pursuant to a
renewal option) after March 15, 1993, which provide compensation based on a per unit fee or a
combination per unit and periodic fixed fee, (i) the contract has a term (including renewal
options) not exceeding three yeazs; (ii) the issuer may terminate such contract (without penalty)
at the end of the second year of the term, and (iii) the amount of the per unit fee is specified in
the contract or otherwise limited by the qualified user or a third party;
(c) for contracts entered into or materially modified (other than pursuant to a
renewal option) after March 15, 1993, which provide compensation based on a percentage of
fees charged, (i) the contract has a term (including renewal options) not exceeding two years,
(ii) the issuer may terminate the contract (without penalty) at the end of the first year, and
(iii) the service provider primarily provides services to third parties or the contract involves a
facility during an initial start-up period;
(d) For purposes of this Section 2.8:
(i) "capitation fee" means a fixed periodic amount paid under a management
contract or agreement for each person for whom the service provider
assumes the responsibility to provide all needed services for a specified
period, provided the quantity and type of services actually provided vary
substantially;
(ii) "periodic fixed fee" means a stated dollar amount for services rendered
during a specified period of time (i.e. $XX per month) which amount may
automatically increase according to a specified, objective, external standazd;
and
(iii) "per unit fee" means a stated dollar amount for each unit of service
provided (i.e. $XX per medical procedure).
2.9 Pooled Loan Financines. To the extent the amount of proceeds of the
Note to be used to make loans to any borrowers (including loans referred to in Section 2.5 above
and loans to state or local governmental units) exceeds $5,000,000, at least 95% of the net
proceeds of the issue (as defined in Section 150 of the Code but without including proceeds used
to finance costs of issuance or capitalized interest) that aze to be used to make loans, will have
been used within 3 years of the date hereof to make such loans. The payment of legal and
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underwriting costs is not contingent and at least 95% of the reasonably expected legal and
underwriting costs associated with issuance will be paid within 180 days of the date hereof.
2.10 Output Facilities. No more than 5% of the proceeds of the Note are to be
used with respect to any output facility (other than a facility for the furnishing of water). No
more than the lesser of $5,000,000 or 5% of the proceeds of the Note are to be used (directly or
indirectly) for the acquisition of a nongovernmental output facility.
ARTICLE III
Arbitrage/Rebate Exemption
3.1 Temporary Period-Refundinc. With respect to the proceeds of the sale of
the Current Refunding Note representing proceeds allocable to the Prior Issue:
(a) All of the proceeds of the Prior Issue have been expended, or any such
proceeds which have not been expended as of the date hereof, shall become transferred proceeds
of this issue. Such transferred proceeds may be invested without restriction as to yield until three
years after the date of original issuance of the Prior Issue. If any transferred proceeds remain
unexpended after three yeazs after the date of original issuance of the Prior Issue, such proceeds
will be invested at a yield not in excess of the yield on the Note.
(b) The proceeds of the Note will be used to refund the Prior Issue within 90
days of the date hereof, and may be invested during such time without restriction as to yield.
3.2 Temporary Period-New Money. With respect to the New Money Note:
(a) The Issuer has entered into or will enter into within six months from the
date of this certificate, binding commitment(s) for the acquisition, construction or
accomplishment of the New Money Project cited in Section 2.2 hereof, and the amount of such
commitment(s) with respect to such New Money Project will or do exceed the amount equal to
5% of the New Money Note, being the aggregate amount of obligations currently issued for such
New Money Project.
(b) Such New Money Project has been completed, or, if such New Money
Project has not been completed, work on the acquisition, construction or accomplishment of such
New Money Project will proceed or is proceeding with due diligence to completion.
(c) It is reasonably expected that at least 85 percent of the net sale proceeds of
such New Money Note will be expended within three years from the date of this Certificate. No
more than 50 percent of the proceeds of the Note will be invested in nonpurpose investments
with a term of four years or more.
3.3 Rebate. (a) Neither the Prior Issue nor the New Money Note was or is
subject to the rebate requirement imposed by Section 148 of the Code because, with respect to
each:
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(i) the Issuer was or is a governmental unit with general taxing powers;
(ii) the Prior Issue/New Money Note did not or does not constitute a "private
activity bond" as that term is defined in Section 141 of the Code;
(iii) ninety-five percent or more of the net proceeds of the sale of the Prior
Issue/New Money Note was or is to be used for local governmental
activities of the Issuer; and
(iv) the Issuer (including all agencies, instrumentalities and political
subdivisions of the Issuer) reasonably expected or expects that the
aggregate face amount of all tax-exempt bonds issued by the Issuer during
the calendar yeaz in which the Prior Issue was issued and the current
calendaz year would not or will not exceed $5,000,000. For purposes of
such determination, no tax-exempt obligation was or shall be taken into
account if it was or is a current refunding obligation issued in the calendar
year in which the Prior Issue/New Money Note (as applicable) was or is
being issued which does not exceed the outstanding (redeemed) principal
amount of the obligation to be refunded.
(b) The Current Refunding Note is not subject to the rebate requirement
imposed by Section 148 of the Code because all of the Gross Proceeds of such Current
Refunding Note will be expended to pay the Prior Issue within 90 days of the date hereof and
will, therefore, qualify for the six-month expenditure exception to rebate.
3.4 No Excess Proceeds. The total proceeds of sale of all bond anticipation
notes issued to date for the Project do not exceed the total cost of the Project.
3.5 Source of Repayment Funds. The Note will be paid from taxes and the
proceeds of other obligations of the Issuer issued to fund the Note.
3.6 Debt Service Fund. The taxes used to pay principal and interest on the
Note, whether or not deposited in a debt service fund, will be expended within 13 months of the
date of deposit in such fund, or the date of their accumulation, in the payment of debt service on
the Note. Any amounts received from the investment of such deposit or accumulation will be
expended within one yeaz of receipt. The debt service fund, if any, will be used to achieve a
proper matching of revenues and debt service and will be depleted at least annually except for a
reasonable carryover amount which will not exceed the greater of the earnings on such fund for
the immediately preceding yeaz or one-twelfth of the debt service on the Note.
3.7 Sinking Funds. Except for the debt service fund described herein the
Issuer has not created or established, and does not expect to create or establish, any sinking fund
or other similar fund which the Issuer reasonably expects to use to pay principal or interest on
the Note.
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ARTICLE IV
Bank Qualification
4.1 Desi nation. The Note is hereby designated as a "qualified tax-exempt
obligation" pursuant to the provisions of Section 265 of the Code.
(a) In making such designation it has been determined with respect to the
Current Refunding Note that:
(i) the Note currently refunds the Prior Issue;
(ii) the Prior Issue was designated as a "qualified tax-exempt obligation";
(iii) the aggregate face amount of the Note does not exceed $10,000,000;
(iv) the Prior Issue had a weighted average maturity of 3 yeazs or less;
(v) the maturity date of the Note, as measured from the original date of
issuance of the notes issued pursuant to the Resolutions, in renewal of
which such Note is being issued, does not exceed 30 yeazs; and
(vi) not more than $10,000,000 of obligations issued by the Issuer during the
calendaz yeaz in which the Prior Issue was issued were designated by the
Issuer as "qualified tax-exempt obligations."
(b) In making such designation it has been determined with respect to the
New Money Note that:
(i) the Issuer does not reasonably anticipate that the amount of "qualified tax-
exempt obligations" to be issued by the Issuer during the current calendaz
yeaz will exceed $10,000,000; and
(ii) the amount of "qualified tax-exempt obligations" issued by the Issuer
during the current calendar year does not as of this date, and including this
issue, exceed $10,000,000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Town of Southold, as of the
30th day of August, 2012.
Q
(SEAL) Supervisor
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