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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 _
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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
SOUTHOLD TOWN BOARD
PUBLIC HEARING
September 9, 2008
7:32 PM
This hearing was opened at 7:59 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Thomas Wickham
Councilman Albert Kmpski
Councilman William Ruland
Councilman Vincent Orlando
* * ¦
Town Clerk Elizabeth Neville
Town Attorney Patricia Finnegan
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of
the Town of Southold, in the County of Suffolk, State of New York, will meet at the
Town Hall, 53095 Main Road, Southold, New York, on September 9, 2008, at 7:32
o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation
to the proposed increase and improvement of facilities of the Mattituck Park District,
consisting of the constmction of sports lighting on the property heretofore acquired and
now owned by the Park District at Aldrich Lane Fields, Laurel, New York, at an
estimated maximum cost of $338,800. It is expected that $39,000 of such cost shall be
paid from the Park District's Operating Fund and $100,000 shall be paid from funds
available in the Town of Southold Recreation Fund, with the $199,800 balance to be
financed by the issuance of bonds of the Town.
The public hearing to be held on September 9, 2008 will be a continuation of the public
hearing held on August 8, 2008 which was adjourned and held open until September 9,
2008.
At said public hearing, the Town Board will hear all persons interested in said subject
matter thereof.
This public hearing will be held on September 9`", it will be a continuation of what we
started in August. I have notices that this has been noticed in the, on the 2151 of August in
the newspaper, it has also appeared on the Town Clerk's bulletin board and I don' have
any other legal notices in the file.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town
Board on this particular public hearing? Gail?
Improvement of Facilities of Mattituck Park District 2
September 9, 2008
GAIL WICKHAM: Good evening. My name is Gail Wickham, I am the attorney for the
Mattituck park district, I would also like to mention I am a soccer mom which is
apparently a very politically relevant status since the last time we met on this issue. The
town, I would like to clarify, is here tonight voting on a resolution solely to determine
whether to issue and guarantee serial bonds in the amount of $199,800 to be used in part
to finance this project for the park district. The park district is a taxing authority in its
own right but it does not have the power to issue bonds. So basically the town would be
issuing and guaranteeing these bonds. They would not be taxing the town residents on it.
When the bonds are issued and sold, the proceeds will go to the park district. The pazk
district will then use the money for the project. The park district will pay the debt service
on the bond and repay the bond through its tax authority. I just want to make sure it is
clear. The $100,000 that was referred to was approved by the Town Board in 2005 out of
the recreation fund, at the same time the Board also approved dispersal of money to other
local communities in the town. The commissioners of the park district voted on this
proposal and asked the Town Board for this proposal after it was discussed at many,
many Town Boazd meetings excuse me, many, many park district meetings at the request
of a number of different residents from the pazk district and from the various sports
facility clubs in the district. They discussed it, they tried to figure out how it would work,
they hired a consultant to design it effectively, they held a public referendum after the
bidding took place and the project was approved by the resident tax payers of the
Mattituck park district. The, I might also mention that the park district is pursuing a
$50,000 state grant which would be used to reduce the bond, if awarded to the district.
So again, this debt service will not appear on the tax bills of all residents, it will appear
only within the district itself. We have support of the Mattituck soccer club, which
represents 700 youth from the town, the baseball community has been in support and we
would like the town to please consider letting this project, which has been a long time in
the making, finally get off the drawing table. One of the questions I did not answer
specifically last time had to do with the cost of the electrical usage. And I have John
Longo here from Ward Associates, our consultant and he would like to just take a minute
to clazify that, that question for you. Thank you.
JOHN LONGO: Good evening. I am John Longo with Ward Associates. We went back
and analyzed the old electrical system that used to illuminate the fields and based on 18
cents per kilowatt hour which is a target number that we use, we determined an average
operating cost per hour of approximately $20. With the new technology and energy
efficiency built into the system that we are proposing, that per hour rate has been reduced
to approximately $13. So we see about a 42% cost savings by utilizing the newer
lighting technology that we proposed to the park district. Thank you.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board
on this particular issue?
COUNCILMAN KRUPSKI: I just have one question. There was a vote in the park
district on this proposal?
Improvement of Facilities of Mattituck Park District 3
September 9, 2008
MS. WICKHAM: Yes, that is required by the legislation before the commissioners can
actually appropriate the funds. Or in order to approve their appropriation, I should say.
COUNCILMAN KRUPSKI: Thank you.
COUNCILMAN RULAND: Do you happen to know how many people voted?
MS. WICKHAM: No. It was strongly in favor. There wasn't a huge out turn but it was
bigger than most park district elections.
SUPERVISOR RUSSELL: Do you know the hours of the voting?
MS. WICKHAM: I think they were 6:00 to 9:00 PM which is the typical...
COUNCILMAN ORLANDO: I thought it was somewhere around 50 people. Maybe it
was 40 to 10, maybe or something, the vote. Give or take?
MS. WICKHAM: That might have been it, yeah. Often we get about 20 people at
election but this one might have, yes, I think you are right. It was 40 to 11.
COUNCILMAN ORLANDO: Around there.
MS. WICKHAM: Yes. Thank you.
FRANK WILLS: Good evening, my name is Frank Wills, I live in Mattituck. On a
previous hearing on this matter, I also spoke up and felt that the amounts to me, seemed
excessive, especially these days when the economy is in serious trouble, in my opinion
heading worse. I wonder how many people actually use that field, I guess how many
residents are there in Laurel? And if other people besides Mattituck and Laurel residents
can use that facility, than possibly other towns in Southold township should be
approached. But my basic feeling is that to spend $300,000 on lighting these days is
excessive. Thank you.
MS. WICKHAM: If I could just answer that. Again, as a soccer mom, there are
hundreds of children that use these fields. I know from personal experience they are
tremendously in demand as I think Scott Russell mentioned last time from his experience
in scheduling games at all the fields throughout the town. This is also a project that
replaces poles that were already there. It is not a new project, it is a refurbishment. And
we found that the park district budget is primarily composed of refurbishing its facilities,
whether it be the beaches, the jetties, the bulkheads, the lighting of the fields. That is
what the budget primarily is consumed by. And it is a tremendously utilized project that
I think the use of this town will really benefit from.
Improvement of Facilities of Mattituck Park District 4
September 9, 2008
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board on this particular issue? (No response)
This hearing was closed at 8:06 PM
* + +
~a. n
Eliz eth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE ~oy~O~F SOUIyOIo 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 ~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER ~liyCOU,M southoldtown.northfork.net
OFFICE OF THEjTOWN CLERK
TOWN OF SOUTHOLD
October 9, 2008
'Down of Southold, New York
Mattituck Park District
(Our Eile Desienation: 5 1 2 0/3 2 060)
Mr Robert P. Smith
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York, NY 10006
Dcar Mr Smith:
Enclosed are certified copies of the Legal No[ice of adoption as it appeared in the Suffolk
Times, affidavit of publication for the continuation, certified resolution and order after
Public Hearing, certified bond resolution, affidavit of mailing, original resolution and
order after Public Hearirig that was f led with Suffolk County, and an affidavit of
publication after adoption for the above referenced bond.
I,et me know if there is anything else you need for your files.
Very truly yours,
~-~,c
Lynda M Rudder
Deputy Town Clerk
Encs.
Cc: "town Attorney
John Cushman
Abigail Wickham, Esq.
~,oF
soy
y
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) 765-6145
RECORDS MANAGEMENT OFFICER ~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER IyCOU~~ southoldtown.northfork.net
a
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
FAX TRANSMITTAL
TO: Robert Smith (212)344-6258
• FROM: Lynda M Rudder
llATE: 10/9/2008
12E: Resolutions for vour file #5120/32060
Number of pages being Taxed 7 including cover page
if total transmittal is not received, please call 631 765-1800
fax 631 765-6145
Per our phone conversation, to follow are the resolutions for the Mattituck Park District
Bond. I will be mailing you certified copies today. I apologize for the delay.
_ _
09/10 '08 THU 09:14 FAX 631 765 6145 SOUTHOLD TOWN CLERK X001
TX REPORT
TRANSMISSIDN OK
TX/RX NO 4828
CONNECTION TEL 912123446258
CONNECTION ID
ST. TIME 09/10 09:12
USAGE T 02'26
PGS. SENT 7
RESULT OK
ELIZABETH P. NEVII.LE O~l~~F $OOlyo! Town 13nH, 53095 Main Road
TOWN CLEEtK ~ ~ P.O. Box 1179
• Southold. New York 11971
REGISTRAR OF VITAL STATISTICS H ~ Fax (631) 765-6145
btnuRraGE OFFICER ~ ~p Telephone (631) 765-1800
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATIpN OFFICER O`yCOO~ southoldtown-northfork.net
i
OFFYCE OF THE TOWN CLERH
TOWN OF SOUTHOLD
FAX T12ANSMIT'fAl,
• '1'O: Robert Smith (212)344-6258
FROM: L nda M Rudder
DATE: 10/9/2008
Rl:: Resolutions for your file !15120!32060
Niunber of pages being faxed 7 including cover page
If total transmittal is not received, please call 631 765-1800
fax 631 765-G 145
Per our phone conversation, to follow arc the resolutions fur the Nlattituck Park District
Bond. 1 will be mailing you certified copies today. 1 apologize for the delay.
This file is scanned up to this point
Please do not put any new paperwork under this page
i
II _ _ __-1
~ I
OCT - `
L - -
_ _ ,f
sow
y
~
ELIZABETH A. NEVH,LE OlO* Town Hall, 53095 Main Road
TOWN CLERK ~ P.O. Box 1179
REGISTRAR OF VITAL STATISTICS ~ ~ Southold, New York 11971
w Fax (631) 765-6145
MARRIAGE OFFICER G
RECORDS MANAGEMENT OFFICER ~ ,~a~~ Telephone (631) 765-1500
FREEDOM OF INFORMATION OFFICER I~COU,M southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 6, 2008
Town of Southold, New York
Mattituck Park District
(Our File Designation: 5 1 20/3 2060)
•
Ms Abigail Wickham, Esq.
Wickham, Bressler, Gordon & Geasa
PO Box 1424
Mattituck, NY 1 1952
Dear Mr Smith:
Enclosed are the Legal Notice for the continuation of the Public Hearing with
certification, affidavit of publication for the continuation, certified resolution and order
after Public Hearing, certified bond resolution, affidavit of mailing, original resolution
and order after Public Hearing that was filed with Suffolk County, and an affidavit of
publication after adoption for the above referenced bond.
Let me know if there is anything else you need for your files.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Encs.
Cc: Town Attorney
John Cushman
Abigail Wickham, Esq.
At a regulaz 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, New York,
on the 9`h day of September,
2008.
PRESENT:
Hon. Scott A. Russell, Supervisor " ~ 1 r
Louisa P. Evans, Justice "
William P. Ruland, Councilperson
Thomas H. Wickham, Councilperson Sl=E~ 3 ~ ~~w
Vincent M. Orlando, Councilperson
Albert J. Krupski, Jr., Councilperson l~t!~°,u«!_r`
•
In the Matter
of the
]ncrease and Improvement of Facilities of the
Mattituck Park District, in the Town of Southold,
in the County of Suffolk, New York, Consisting of the
Construction of Sports Lighting at Aldrich Lane Fields
RESOLUTION AND
ORDER AFTER PUBLIC
• HEARING
WHF_REAS, the Board of Commissioners of the Mattituck Park District
(the "Board" and the "District," respectively) of the Town of Southold (the "Town"),
Suffolk County, New York, pursuant to the provisions of Chapter 924 of the 1941 Laws
of New York and the resolution adopted by said Board of Commissioners on March 13,
2008, has requested the Town Board of the Town to call a public hearing to hear all
persons interested in the subject thereof, being the construction of sports lighting on the
property heretofore acquired and now owned by the Park District at Aldrich Lane Fields,
Laurel, New York; 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 stating the Town Board would meet to hear all persons interested in said
increase and improvement of facilities an August 12, 2008 at 8:00 o'clock Y.M.
(Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and
WHEREAS, a Notice of said public hearing was duly published and
posted pursuant to the provisions of Article 12 of the Town Law; and
WHEREAS, said public hearing was duly held by the Town Board on the
12th day of August, 2008 at 8:00 o'clock P.M. (Prevailing Time) and Reconvened on
September 9, 2008 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
WHEREAS, said Board of Commissioners, in the role of Lead Agency,
has undertaken the requisite proceedings pursuant to the New York State Environmental
Quality Review Act ("SEQRA") and has determined that the project described herein is
an Unlisted Action thereunder having no adverse impact upon the environment and a
Negative Declaration has been issued;
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 maximum cost of
$338,800; and it is hereby
ORDERED, that the facilities of the District shall be so increased and
improved as hereinabove described and, further, that the Engineer heretofore retained by
the Board of Commissioners shall prepare specifications and make careful estimates of
the expense of said increase and improvement of the facilities and with the assistance of
the Attorney for the District, prepare a proposed contract or contracts therefor, which
specifications, estimate and proposed contract(s) shall be presented to said Board of
Commissioners and the Town Board as soon as possible; and it is hereby
F[JRTEIER ORDERED, that the expense of so increasing and improving
the facilities of the District shall be financed by the expenditure of $39,000 from [he
District's Operating Fund, $100,000 from funds available in the Town of Southold
Recreation Fund, and the issuance of $199,800 bonds of the Town; 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: September 9, 2008
(SEAL) TOWN BOARD OFT TOWN OF SOUTHOLD
Supervisor~tt A. Russell
• Loui P. Evans, Justice
W liam P. R Ian , Co erson
c
Th s H. ~ ' ha c' ers
~nce ~ M. Orland ouncilperson
,l
Alb rt J. Krupski, Jr., Councilperson
•
#9006
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
18th day of Seatember, 2008.
r~
Principal Clerk
Sworn to before me this ~ ~y day of 2008
LEGAL NOTICE V ° ' "v
The resolati~, a auemahrY of which
ri published herewith, h~ been adopted
on the 9th day of September, 28118, and VUI
the validity of the obligations authorized
by such resolution may be hereafter CHRISTINA YOLINSKI
contested only if such obligations were NOTARY I
U9lIC•S"ATE vF NEW YORK
authorized for an object or purpose NO. O1-V06106060
for which the Town of Southold, in [he
County of Suffolk, New York is not au- 4UOIIfIBd Ift $UPfOIk COUn1y
thorized to expend money or if the pro- The object or
purpose for which th2 My Commlulon Ezplres FebrUOly 99, 9919
visions of law which should have been bonds are authorized ri the incrll~A
complied with as of the date of publics- and improvement of facilities of
lion of this notice were no[ substantially Mattimek Park District, consisting of
mmpfied with, and an action, suit or the construction of sports fighting on the
proceeding contesting such validity is property heretofore acquired and now
commenced within twenty days after the owned by [he Park District at Aldrich-
publication of [his notice, or suchobhga- Lane Fields, Laurel, New York.
lions were authorized in violation of ffie The amount of obligations to be is-
• provisions of [he mnstimtion. - sued is $199,800. II is expected [ha[
BY ORDER OF $39,000 of the cost of [he project shall be
THE TOWN BOARD paid from the Park District's Operating
OF T[-IE TOWN OF SOLI'CHOLD Fund and $100,000 of such cost shall be
Dated: September 9, 2008
Southold, New York - paid from funds available in the Town
Elizabeth A. Neville of Southold Recreation Fund, with [he
Town Clerk $199,800 balance [o be financed by the
BOND RESOLUTION OF THE issuance of bonds of [he Town.
TOWN OF SOUTHOLD,NEWYORK, The period of probable usefulness is
. ADOPTED SEPTEMBER 9, 2008, five (5) years.
APPROPRIATING $338;800 FOR A complete copy of the Bond Resa-
THE INCREASE AND QrfPROVE- lotion summarized above shall be avail-
Mf3N1' OF FACILTITES OF THE able for pubfic inspection during normal
MATTITU . P ISTRICI; IN- business hours at the office of the Town
`~~b~'~-~°~'--•'~•~=^-• Clerk, Town Hall, 53095 Main Road,
CLUDING ~TH~Ey EXPENDITURE Southold, New York
OF $39,x{ R~~r~)jE,T•$ BY ORDER OF
OPERATjg~,{:{ipP 3P!1F::S1f10,000 THE TOWN BOARD OF THE TOWN
AVAILABLE IN THE TOWN'S REC- OF SOUTHOLD,
REATION FUND TO PAPA PART COUNTY OF SUFFOLK,
OF SAID. APPROPRIATION; AND STATE OF NEWYORK
AUTHORIZING THE ISSUANCE EIvsbeth A. Neville, Town Clerk
OF $199,800 SERIAL BONDS TO FI- y(qb-1T 9/18
NANCE THE BALANCE OF SAID
APPROPRIATION
STATE OF NEW YORK )
:ss
COUNTY OF SUFFOLK )
AFFIDAVIT OF MAILING
Carmine Arpaia, being duly sworn upon his oath deposes and says:
That he caused to be mailed to each owner of the taxable real property in the
. Mattituck Park District, in the Town of Southold, a copy of the Notice of Public Hearing to be
held on August 12, 2008, a copy of which is attache ereto an de a part hereof.
Carmine Arp 'a
Subscribed and sworn to before me
this~day o ~ ~ , 2008.
Notazy Public, State of New York
•
ELAINE T. VIUJWO
Notary Public, State of New York
No. Ot VI6029229, Suffolk County
Commission Expires Aug. 9, ~
Page 1 of 1
Cooper, Linda
From: JOAN ANN [jaweber@timesreview.com]
Sent: Friday, September 12, 2008 3:30 PM
To: Cooper, Linda
Subject: Re: MPD Bond NOTICEafterhearing for 9/18/08 Legal Notice
RECEIVED FOR PUBLICATION ON THE 18TH
JOAN ANN
-----Original Message
From: Cooper, Linda
To: Cooper, Linda ;Corcoran, Kieran ;Finnegan, Patricia ;JOAN ANN - Legals ;Neville, Elizabeth ;Rudder,
Lynda
Sent: Friday, September 12, 2008 12:14 PM
Subject: MPD Bond NOTICEafterhearing for 9/18/08 Legal Notice
• Suffolk Times -Please confirm receipt of this notice.
Thank you.
Linda J. Cooper
Deputy Town Clerk
•
9/12/2008
Ir _ _ _ _ _
LEGAL NOTICE
i
The resolution, a summary of which is published herewith, has been
adopted on the 9`" day of September, 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: September 9, 2008
Southold, New York
Elizabeth A. Neville
Town Clerk
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 TO
FINANCE THE BALANCE OF SAID APPROPRIATION
The object or purpose for which the bonds are authorized is the increase and
improvement of facilities of the Mattituck Park District, consisting of the construction of
sports lighting on the property heretofore acquired and now owned by the Park District at
Aldrich Lane Fields, Laurel, New York.
The amount of obligations to be issued is $199,800. It is expected that $39,000 of the
cost of the project shall be paid from the Park District's Operating Fund and $100,000 of
such cost shall be paid from funds available in the Town of Southold Recreation Fund,
with the $199,800 balance to be financed by the issuance of bonds of the Town.
The period of probable usefulness is five (5) years.
A complete copy of the Bond Resolution summarized above shall be available for public
inspection during normal business hours at the office of the Town Clerk, Town Hall,
53095 Main Road, Southold, New York
iI - -
j BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY
OF SUFFOLK, STATE OF NEW YORK
I
Elizabeth A. Neville, Town Clerk
Town of Southold
PLEASE PUBLISH ON SEPTEMBER 18, 2008 ANll FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
'the Suffolk Times Town Board Members Town Attorney
Comptroller Bond Counsel Mattituck Park District
Town Clerk's 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 /U, 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 n the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: MPD Bond
• ,
D.~/ A„1
Elizabeth A. Neville
Southold Town Clerk
Sworn before me this
day of 2008.
~
Notary
Pub
tl o
LINDA J COOPER
NOTARY PUBLIC, State of New York
• NO. 01004822563, Suffolk Count
Term Expires December 31, 20
1
Southold Town Board -Letter Board Meeting of September 9, 2008
t~®~a~ RESOLUTION 2008-872 Item #
'~,~*~a.r ADOPTED DOC ID: 4150
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-872 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 9, 2008:
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Board of Commissioners of the Mattituck Park District (the
"Board" and the "District," respectively) of the Town of Southold (the "Town"), Suffolk County,
New York, pursuant to the provisions of Chapter 924 of the 1941 Laws of New York and the
resolution adopted by said Board of Commissioners on March 13, 2008, has requested the Town
Board of the Town to call a public hearing to hear all persons interested in the subject thereof,
being the construction of sports lighting on the property heretofore acquired and now owned by
the Park District at Aldrich Lane Fields, Laurel, New York; 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
stating the Town Board would meet to hear all persons interested in said increase and
improvement of facilities on August 12, 2008 at 8:00 o"clock P.M. (Prevailing Time) at the
Town Hall, 53095 Main Road, Southold, New York; and
WHEREAS, a Notice of said public hearing was duly published and posted
pursuant to the provisions of Article 12 of the Town Law; and
WHEREAS, said public hearing was duly held by the Town Board on the ]2th
day of August, 2008 at 8:00 o'clock P.M. (Prevailing Time) and Adjourned and held on
September 9, 2008 at 7:32 p.m. 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
WHF.,REAS, said Board of Commissioners, in the role of Lead Agency, has
Generated September 12, 2008 Pagc 47
Southold Town Board -Letter Board Meeting of September 9, 2008
undertaken the requisite proceedings pursuant to the New York State Environmental Quality
Review Act ("SEQRA") and has determined that the project described herein is an Unlisted
Action thereunder having no adverse impact upon the environment and a Negative Declaration
has been issued;
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 maximum cost of $338,800;
and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved
as hereinabove described and, further, that the Engineer heretofore retained by the Board of
Commissioners shall prepare specifications and make careful estimates of the expense of said
increase and improvement of the facilities and with the assistance of the Attorney for the District,
prepare a proposed contract or contracts therefor, which specifications, estimate and proposed
contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as
possible; and it is hereby
FURTHER ORDERED, that the expense of so increasing and improving the
faci]ities of the District shal] be financed by the expenditure of $39,000 from the District's
Operating Fund, $100,000 from funds available in the Town of Southold Recreation Pund, and
the issuance of $199,800 bonds of the Town; 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.
~~Q~°~'
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated September 12, 2008 Fage 48
Southold Town Board -Letter Board Meeting of September 9, 2008
r°"w~~a+
,•~'~~,i RESOLUTION 2008-873 Item #
ADOPTED DOC ID: 4151
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-873 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 9, 2008:
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 $]00,000 AVAILABLE
IN THE TOWN'S RECREATION FUND TO PAY A PART OF
SAID APPROPRIATION; AND AUTHORIZING THE
ISSUANCE OF $199,800 SERIAL BONDS TO FINANCE THE
BALANCE OF SAID APPROPRIATION
Recital
WHEREAS, the Board of Commissioners of the Mattituck Park District (herein
called the "District") in the Town of Southold (herein called the "Town"), in the County of
Suffolk, New York, has requested that the Town Board undertake proceedings pursuant to
Section 202-b of the Town Law for the increase and improvement of facilities of the District and
said Board of Commissioners has caused Ward Associates, P.C., engineers duly licensed by the
State of New York (the "Engineer") to prepare a plan and report dated January 7, 2008, for such
increase and improvement of facilities of the District, consisting of the construction of sports
lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane
Fields, Laurel, New York; and the Engineer has completed said preliminary plan and report for
said increase and improvement of facilities of the District and has estimated the cost thereof to be
$338,800 and said map, plan and report have been filed with the Town Board of the Town; and
WHEREAS, after a public hearing duly called and held, the Town Board of the
Generated September 12, 2008 Page 49
Southold Town Board -Letter Board Meeting of September 9, 2008
Town 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 $338,800 for the
increase and improvement of facilities of the District, as described in the Recitals hereto,
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 par[ of said appropriation. The estimated maximum cost
of the increase and improvement of facilities, including preliminary costs and costs incidental
thereto and the financing thereof, is $338,800. The plan of financing includes 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, the issuance of $199,800 bonds to finance the balance
of said appropriation, and the assessment, levy and collection of assessments upon the several
lots and parcels of land within the District in the same manner and at the same time as other
Town charges. If the cost of the project, including payment of principal and interest on any
obligations issued therefor, is not paid from such assessments, all the taxable property within the
Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount,
sufficient to pay the principal of and interest on said obligations as the same shall become due
and payable.
Section 2. Bonds of the Town are hereby authorized to be issued in the principal
amount of $199,800 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 "Law"), to finance a part
of said appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the object or purpose for which said
bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five
(5) years.
(b) The proceeds of the bonds herein authorised and any bond anticipation notes
Generated September 12, 2008 Page 50
Southold Town Board -Letter Board Meeting of September 9, 2008
issued in anticipation of said bonds may be applied to reimburse the Town and/or District for
expenditures made after the effective date of this resolution, or for expenditures made on or prior
to the effective date if a 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 serial bonds authorized by this resolution will
not exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of 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 said
bonds shall be genera] 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
in such year.
Section S. 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:
Generated September 12, 2008 Page 51
Southold Town Board -Letter Board Meeting of September 9, 2008
(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 resolution shall take effect immediately and the Town Clerk is •
hereby authorized and directed to publish this bond resolution, in summary, in the "SUFFOLK
TIMES," a newspaper 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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated September 12, 2008 Page 52
#8971
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
21St day of August, 2008.
Principal Clerk
Sworn to before me this ~ l day of ~ ~ 2008
LEGAL NOTICE
CcHRIS
I~A ~'VLINSK lN~~ t: 1.
NOTR;E OF ADJOURNED
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that NOTARY PUBLIC-STATE OF NEW YOR
the Town Board of the Town of$ou[hold, NO. Ol-V06105050
in the County of Suffolk; State of New 61uallfled In Suffolk County
York, will meet at [he Town HaII, 53095
Main Road, Southold, New York, on My Commltllon E%pIr11 FabNary 28, 201
September 4, 2008, at 7:32 o'clock P.M.
(Prevailing Time), for the purpose of
conducting a public hearing in relation
[o the proposed increase and improve-
ment of facilities of the Mattituck Park
District, consisting of the construction
of sports lighting on the property here-
tofore acquired and now awned by the
Park District at Aldrich Lane Fields,
Laurel, New York, at an estimated maxi-
mumcost of $338,800. I[ is expected that
539,000 of such cost shall be paid from
the Park District's Operating Fund and
5100,000 shall he paid from funds avail-
able in the Town of Southold Recreation
Fund, with [he $199,800 balance to be
financed by the issuance of bonds of the
Towu.
The public hearing to be held on Sep-
tember 9, 2W8, will be a continualioo
of the public hearing held on August
8, 2008, which was adjourned and held
open until September 9, 2008.
A[ said public hearing, the Town
Board will hear all persons interested in
said subject matter [hereof
Dated: August 13,2W8
Southold, New York
BY ORDER OF
THETOWN BOARD OFTHE TOWN
OF SOUTHOLD,
COUNTY OF SUFFOLK,
STATE OF NE W YORK
Elizabeth A. Neville, Town Clerk
Town of Southold
8~_1T_ 8/21
~pF SO(/rH
ELIZABETH A. NEVILLE Ol0 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 ~ ~ ^p~~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER ~IiYCOU'M southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 19, 2008
Town of Southold, New York
Mattituck Park District
Our File Desienation: 2615/ )
Mr Robert P. Smith
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York, NY 10006
Dear Mr Smith:
Enclosed is the Legal Notice of Adjourned Fublic Hearing for the above referenced bond.
I will forward more documentation as 1 receive it.
Very truly yours,
Linda J. Cooper
Deputy Town Clerk
Enc.
Cc: Town Attorney
John Cushman
Abigail Wickham, Esq.
i
LEGAL NOTICE
NOTICE OF ADJOURNED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Boazd of the Town of
Southold, in the County of Suffolk, State of New York, will meet at the Town Hall,
53095 Main Road, Southold, New York, on September 9, 2008, at 732 o'clock P.M.
(Prevailing Time), for the purpose of conducting a public hearing in relation to the
proposed increase and improvement of facilities of the Mattituck Park District, consisting
of the construction of sports lighting on the property heretofore acquired and now owned
• by the Park District at Aldrich Lane Fields, Laurel, New York, at an estimated maximum
cost of $338,800. It is expected that $39,000 of such cost shall be paid from the Park
District's Operating Fund and $100,000 shall be paid from funds available in the Town of
Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of
bonds of the Town.
The public hearing to be held on September 9, 2008 will be a continuation
of the public heazing held on August 8, 2008 which was adjourned and held open until
• September 9, 2008.
At said public hearing, the Town Board will hear all persons interested in
said subject matter thereof.
Dated: August 13, 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, Town Clerk
Town of Southold
,
PLEASE PUBLISH ON AUGUST 21, 2008 AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Comptroller Bond Counsel Mattituck Park District
Town Clerk's Bulletin Board
Page 1 of 1
Cooper, Linda
From: JOAN ANN [jaweber@timesreview.com]
Sent: Friday, August 15, 2008 2:41 PM
To: Cooper, Linda
Subject: Re: MPD PH
RECEIVED
JOAN ANN
Original Message
From: Cooper, Linda
To: JOAN ANN - Legals
Sent: Friday, August 15, 2008 12:30 PM
Subject: MPD PH
• Hi Joan Ann
I forgot to ask you to confirm receipt of the email for the PH on 9-9-08 at 7:32 for the MPD. Would you
please confirm if you received that on also?
Thank you
Have a great weekend.
Lindo T. Cooper
Deputy Town Clerk
Town of Southold
631-765-1800
Life mar not be fhe party e~e hoped for, but as long as we're here, we mights as wet/dance!
•
8/15/2008
- Page 1 of 1
Cooper, Linda
From: Cooper, Linda
Sent: Friday, August 15, 2008 10:48 AM
To: JOAN ANN - Legals
Cc: Neville, Elizabeth
Subject: LEGAL NOTICE - PH 9-9-08 7:32 pm MPD
Attachments: LEGAL NOTICE #2 8-21-08.doc
•
•
8/15/2008
,I
LEGAL NOTICE
NOTICE OF ADJOURNED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold, in the County of Suffolk, State of New York, will meet at the Town Hall,
53095 Main Road, Southold, New York, on September 9, 2008, at 7:32 o'clock P.M.
(Prevailing Time), for the purpose of conducting a public hearing in relation to the
proposed increase and improvement of facilities of the Mattituck Park District, consisting
of the construction of sports lighting on the property heretofore acquired and now owned
• by the Park District at Aldrich Lane Fields, Laurel, New York, at an estimated maximum
cost of $338,800. It is expected that $39,000 of such cost shall be paid from the Park
District's Operating Fund and $100,000 shall be paid from funds available in the "Gown of
Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of
bonds of the Town.
The public hearing to be held on September 9, 2008 will be a continuation
of the public hearing held on August 8, 2008 which was adjourned and held open until
• September 9, 2008.
At said public hearing, the Town Board will hear all persons interested in
said subject matter thereof.
Dated: August 13, 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, Town Clerk
Town of Southold
PLEASE PUBLISH ON AUGUST 21, 2008 AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Comptroller Bond Counsel Mattituck Park District
Town Clerk's Bulletin Board
•
•
_ _ I
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 /8'"~' day of Q~~, 2008, she affixed a notice of
which the annexed printed notice is a true copy, m a proper and substantial manner, in
a most public place n the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Boazd, 53095 Main Road, Southold, New York.
Re: Continuation of Mattituck Park District Bond Public Heazing 9/9/08
•
Elizabeth A. Neville
Southold Town Clerk
Sworn 4efore me this
day of 2008.
(ZL~K~~-
otazy Pu lic
LINDA J COOPEFI
NOp
A01 C048225fi3t Suffolk Coin
• Term Expires December 31, 20~
Page 1 of 1
Neville, Elizabeth
From: Cooper, Linda
Sent: Friday, August 15, 2008 1:35 PM
To: Neville, Elizabeth
Subject: FW: MPD PH
FYI
Lindo J. Cooper
Deputy Town Clerk
Town of Southold
631-765-1800
Life may not be the parry we hoped for, but as long as we're here, we mights as we(1 dance!
From: JOAN ANN [mailto:jaweber@timesreview.com]
Sent: Friday, August 15, 2008 2:41 PM
To: Cooper, Linda
• Subject: Re: MPD PH
RECEIVED
JOAN ANN
Original Message
From: Cooper Linda
To: JOAN ANN - Legals
Sent: Friday, August 15, 2008 12:30 PM
Subject: MPD PH
Hi Joan Ann
I forgot to ask you to confirm receipt of the email for the PH on 9-9-08 at 7:32 for the MPD. Would you
please confirm if you received that on also?
Thank you
Have a great weekend.
Linda J. Cooper
Deputy Town Clerk
Town of Southold
631-765-1800
Life may not be the parry we hoped for, but as long as we're here, we migh(s as we[/ dance!
8/15/2008
LEGAL NOTICE
NOTICE OF ADJOURNED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold,
in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road,
Southold, New York, on September 9, 2008, at 7:32 o'clock P.M. (Prevailing Time), for the
purpose of conducting a public heazing in relation to the proposed increase and improvement of
facilities of the Mattituck Pazk District, consisting of the construction of sports lighting on the
property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel,
• New York, at an estimated maximum cost of $338,800. It is expected that $39,000 of such cost
shall be paid from the Pazk District's Operating Fund and $100,000 shall be paid from funds
available in the Town of Southold Recreation Fund, with the $199,800 balance to be financed by
the issuance of bonds of the Town.
The public hearing to be held on September 9, 2008 will be a continuation of the
public hearing held on August 8, 2008 which was adjourned and held open until September 9,
2008.
At said public hearing, the Town Board will heaz all persons interested in said
subject matter thereof.
Dated: August 13, 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, Town Clerk
Town of Southold
PLEASE PUBLISH ON AUGUST 21, 2008 AND FORWARD THREE (3) AFFIDAVITS
OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL,
P.O. BOX 1179, SOUTHOLD, NY 11971
~Of SOUIy
ELIZABETH A. NEVILLE Ol0 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 ~ Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER O~i~'`OUIY 1 , N~, southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 6, 2008
Town of Southold, New York
Mattituck Park District
(Our File Designation: 2615/ )
Mr Robert P. Smith
Hawkins, Delafield & Wood
One Chase Manhattan Plaza
New York, NY 10006
Dear Mr Smith:
Enclosed are the Legal Notice, affidavit of posting, certified resolution, signed and sealed
Order calling Public Hearing and a certified resolution for the mailing of the notice for
the above referenced bond.
I will forward more documentation as I receive it.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Encs.
Cc: Town Attorney
John Cushman
Abigail Wickham, Esq.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the
County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road,
Southold, New York, on August IZ, 2008, at 8:00 o'clock P.M. (Prevailing Time), for the
purpose of conducting a public hearing in relation to the proposed increase and
improvement of facilities of the Mattituck Park District, consisting of the construction of
sports lighting on the property heretofore acquired and now owned by the Park District at
Aldrich Lane Fields, Laurel, New York, at an estimated maximum cost of $338,800. It is
expected that $39,000 of such cost shall be paid from the Park District's Operating Fund
and $100,000 shall be paid from funds available in the Town of Southold Recreation
Fund, with the $199,800 balance to be financed by the issuance of bonds of the Town.
At said public hearing, the Town Boazd will hear all persons interested in said subject
matter thereof.
Dated: July 15, 2008
BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY
OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville, Town Clerk
Town of Southold
PLEASE PUBLISH ON JULY 24 & 31, 2008 AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Comptroller Bond Counsel Mattituck Park District
Town Clerk's Bulletin Board
STATE OF NEW YORK )
:ss
COUNTY OF SUFFOLK )
AFFIDAVIT OF POSTING
F,lizabeth A. Neville, being duly sworn upon her oath deposes and says:
That she is and at all the times hereinafter mentioned she was the duly
qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, State
of New York; that on the 15`~ day of July, 2008, she caused to be posted on the official
bulletin board of the Town maintained pursuant to subdivision 6 of Section 30 of the
Town Law, a copy of the Notice of Public Hearing to be held on August 12, 2008, a copy
of which is attached hereto and made a part hereof.
Eliz th A. Neville, Town Clerk
Subscribed and sworn to before me
this 15`" day of July, 2008.
~m
No ry Public, State of New York
NOTARY PUe~
C StatOe oNNew York
No. 01806020932
Qualified in Suffolk Cou
Term Expires March 8, 20
J~,
s 1
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, New York,
on the 15th day of July, 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
]ncrease and Improvement of Facilities of the Mattituck Park
District, in the Town of Southold, in the County of Suffolk,
New York, pursuant to Section 202-b of the Town Law, consisting
of the construction of sports lighting at the Aldrich Lane Fields
ORDER CALLING FOR A PUBLIC
HEARING 1'O BEHELD ON
AUGUST 12, 2008
WHEREAS, the Board of Commissioners of the Mattituck Park District
(referred to herein as the "Board" and the "Park District') of the Town of Southold (the
"Town"), Suffolk County, New York, pursuant to the provisions of Chapter 924 of the
1941 Laws of New York and the resolution adopted and subscribed by said Board of
Commissioners on March 13, 2008, has requested that the Town Board of the Town call
a public hearing to hear all persons interested in the proposed increase and improvement
of facilities of the Park District, consisting of the construction of sports lighting on the
property heretofore acquired and now owned by the Park District at Aldrich Lane Fields,
Laurel, New York, heretofore authorized by a majority of the qualified voters of the Park
District present and voting on the Proposition submitted therefor at the referendum duly
called and held on May 12, 2008; and
WHEREAS, a plan and report dated January 7, 2008 have been prepared
by Ward Associates, P.C., engineers duly licensed by the State of New York, for such
increase and improvement of facilities of the District and the cost thereof has been
estimated to be $338,800; and
WHEREAS, it is expected that $39,000 of such cost shall be paid from the
Park District's Operating Fund and $100,000 of such cost shall be paid from funds
available in the Town of Southold Recreation Fund, with the $199,800 balance to be
financed by the issuance of bonds of the Town; and
• WHEREAS, said Board of Commissioners, in the role of bead Agency,
has undertaken the requisite proceedings pursuant to the New York State Environmental
Quality Review Act ("SEQRA") and has determined that the project described herein is
an Unlisted Action thereunder having no adverse impact upon the environment;
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, on the 12th day of August, 2008 at
8:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of
facilities of the Park District, and the financing thereof, as described herein, 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 publish or cause to be
published at least once in "THE SUFFOLK TIMES," a newspaper published in the Town
of Southold and hereby designated as the official newspaper of the Town for such
publication, and, further, to post, or cause to be posted on the sign board maintained
pursuant to subdivision 6 of Section 30 of the Town Law, and mail or caused to be
mailed, by first class mail, to each owner of the 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 positing and said
t
mailing to be not less than ten (10) nor more than twenty (20) days before the date of
such public hearing.
DATED: July 15, 2008
TOWN BOARD OF THE TOWN OF S THOLD
Hon. ott A. Russell, Supervisor Th s H. Wickham, C ncilperson
Louisa P. Evans, Justice Vincent M. Or ando, Councilperson
•
William P. Ruland, Councilperson Albert J. Krupski, Jr., Cou cilperson
(SEAL)
Exhibit A
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold, in the County of Suffolk, State of New York, will meet at the Town FIall,
53095 Main Road, Southold, New York, on August 12, 2008, at 8:00 o'clock P.M.
(Prevailing Time), for the purpose of conducting a public hearing in relation to the
proposed increase and improvement of facilities of the Mattituck Park District, consisting
of the construction of sports lighting on the property heretofore acquired and now owned
• by the Park District at Aldrich Lane Fields, Laurel, New York, at an estimated maximum
cost of $338,800. It is expected that $39,000 of such cost shall be paid from the Park
District's Operating Fund and $100,000 shall be paid from funds available in the Town of
Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of
bonds of the Town.
At said public hearing, the Town Board will hear all persons interested in
said subject matter thereof.
• Dated: July 15, 2008
Southold, New York
BY ORDER OF THE TOWN BOARD OF
THE TOWN OF SOUTHOLD, COUNTY
OF SUFFOLK, STATE OF NEW YORK
By_ ~
Eliz eth A. Neville, Town Clerk
"town of Southold
CERTIFICATE
I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the
County of Suffolk, State of New York, DO HEREBY CERTIFY that I have compared
the preceding Order Calling for a Public Hearing with the original thereof filed in the
office of the Town Clerk on the 15th day of July, 2008, and that the same is a true and
correct copy of said original and of the whole thereof.
IlV WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town on this 15th day
• of Julybb,//2~~0~~,08. Y
(SEAL) (_~j~i~~ / ~ ~~o
Eliz th A. Neville, Town Clerk
Town of Southold
•
~y 1.
' Southold Town Board -Letter Board Meeting of July 15, 2008
a~`"°""~ RESOLUTION 2008-681 Item #
e~®F~
ADOPTED DOC ID: 4067
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-681 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 15, 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, New York, on the
15th day of July, 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 Mattituck Park
District, in the Town of Southold, in the County of Suffolk,
New York, pursuant to Section 202-b of the Town Law, consisting
of the construction of sports lighting at the Aldrich Lane Fields
ORDER CALLING FOR A PUBLIC
HEARING TO BE HELD ON
AUGUST 12, 2008
WHEREAS, the Board of Commissioners of the Mattituck Park District (referred
to herein as the "Board" and the "Park District") of the Town of Southold (the "Town"), Suffolk
County, New York, pursuant [o the provisions of Chapter 924 of the 1941 Laws of New York
and the resolution adopted and subscribed by said Board of Commissioners on March 13, 2008,
Generated July 17, 2008 Page 28
Southold Town Board -Letter Board Meeting of July 15, 2008
has requested that the Town Board of the Town call a public hearing to hear all persons
interested in the proposed increase and improvement of facilities of the Park District, consisting
of the construction of sports lighting on the property heretofore acquired and now owned by the
Park District at Aldrich Lane Fields, Laurel, New York, heretofore authorized by a majority of
the qualified voters of the Park District present and voting on the Proposition submitted therefor
at the referendum duly called and held on May 12, 2008; and
WHEREAS, a plan and report dated January 7, 2008 have been prepared by Ward
Associates, P.C., engineers duly licensed by the State of New York, for such increase and
improvement of facilities of the District and the cost thereof has been estimated to be $338,800;
and
WHEREAS, it is expected that $39,000 of such cost shall be paid from the Park •
District's Operating Fund and $100,000 of such cost shall be paid from funds available in the
Town of Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of
bonds of the Town; and
WHEREAS, said Board of Commissioners, in the role of Lead Agency, has
undertaken the requisite proceedings pursuant to the New York State Environmental Quality
Review Act ("SEQRA") and has determined that the project described herein is an Unlisted
Action thereunder having no adverse impact upon the environment;
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, on the 12th day of August, 2008 at 8:00 o'clock
P.M. (Prevailing Time) to consider said increase and improvement of facilities of the Park
District, and the financing thereof, as described herein, 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 publish or cause to be published at
least once in "THE SUFFOLK TIMES," a newspaper published in the Town of Southold and
hereby designated as the official newspaper of the Town for such publication, and, further, to
post, or cause to be posted on the sign board maintained pursuant to subdivision 6 of Section 30
Generated July 17, 2008 Page 29
' Southold Town Board -Letter Board Meeting of July 15, 2008
of the Town Law, and mail or caused to be mailed, by first class mail, to each owner of the
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 positing and said mailing to be not less than ten (10) nor more than twenty (20) days
before the date of such public hearing.
DATED: July 15, 2008
TOWN BOARD OF THE TOWN OF SOUTHOLD
(SEAL)
Exhibit A
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold,
in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road,
Southold, New York, on August 12, 2008, at 8:00 o'clock P.M. (Prevailing Time), for the
purpose of conducting a public hearing in relation to the proposed increase and improvement of
facilities of the Mattituck Park District, consisting of the construction of sports lighting on the
property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel,
New York, at an estimated maximum cost of $338,800. It is expected that $39,000 of such cost
• shall be paid from the Park District's Operating Fund and $100,000 shall be paid from funds
available in the Town of Southold Recreation Fund, with the $199,800 balance to be financed by
the issuance of bonds of the Town.
At said public hearing, the Town Board will hear al] persons interested in said
subject matter thereof.
Dated: July 15, 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, Town Clerk
Town of Southold
Generated July 17, 2008 Page 30
Southold Town Board -Letter Board Meeting of July 15, 2008 '
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
•
Generated July 17, 2008 Page 31
( 1
I`
Southold Town Board -Letter Board Meeting of July ] 5, 2008
~w"~'"~ RESOLUTION 2008-694 Item #
ADOPTED DOC ID: 4080
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2008-694 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLll TOWN BOARD ON
JULY 15, 2008:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of The
Pimlico Group for the production and mailing of a public notice to the taxpayers of the
Mattituck Park District relating to the Town Board's August 12, 2008 public hearing on
• the increase and improvement of facilities of the Mattituck Park District, the cost of said
mailing not to exceed $2280, which will be paid by the Mattituck Park District.
~~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 July 17, 2008 Page 48
DELAFIELD &W~aDLLP
PHONE (2121820-9300 ONE CHASE MANHATTAN PLP3A NEW YORK
FAX (2121 514-842 5 NEW YORK, NV 10005 WASHINGTON
WWW.HAWKINS.COM NEWARK
HgRTFORO
p ) p LOS ANGELES
(212) 820-9662 JUIy 1~, Z000 BACRgMENTO
O SnN FRANCISCO
Town of Southold, New York
Mattituck Park District
(Our File Desi>;nation: 2615/
Mr. John Cushman
Town Comptroller
• Town of Southold
P.O. Box 1179
Southold, New York 11971
Dear John:
In accordance with my discussions with Gail Wickham, Esq., and with you, I
have prepared and enclose herewith the Order Calling for a Public Hearing for the increase and
improvement of facilities of the Mattituck Park District.
Please note that a copy of the Notice of Public Hearing appearing as Exhibit "A"
is to be published at least once in the official Town newspaper and posted on the sign board of
the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law. In addition, a
copy of the Notice of Public Hearing is to be mailed by first class mail to the owners of real
property in the District. The first publication and such posting and mailing must occur not less
• than ten (10) nor more than twenty (20) days before the date of the Public Hearing
A certified copy of the Order, the executed Affidavits of Posting and Mailing and
an original Affidavit of Publication should be returned to me when they are available.
With best regards, I am
Very truly yours,
Robert P. Smith
RPS/ml
Enclosures
546220.1 001098 RES
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, New York, on the
15th day of July, 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 Mattituck Park
District, in the Town of Southold, in the County of Suffolk,
New York, pursuant to Section 202-b of the Town Law, consisting
of the construction of sports lighting at the Aldrich Lane Fields
Offered by:
Seconded by:
• ORDER CALLING FOR A PUBLIC
HEARING TO BEHELD ON
AUGUST 12, 2008
WHEREAS, the Board of Commissioners of the Mattituck Park District (referred
to herein as the "Board" and the "Park District") of the Town of Southold (the "Town"), Suffolk
County, New York, pursuant to the provisions of Chapter 924 of the 1941 Laws of New York
and the resolution adopted and subscribed by said Board of Commissioners on March 13, 2008,
has requested that the Town Board of the Town call a public hearing to hear all persons
interested in the proposed increase and improvement of facilities of the Park District, consisting
of the construction of sports lighting on the property heretofore acquired and now owned by the
546220.1 001098 RES
Park District at Aldrich Lane Fields, Laurel, New York, heretofore authorized by a majority of
the qualified voters of the Park District present and voting on the Proposition submitted therefor
at the referendum duly called and held on May 12, 2008; and
WHEREAS, a plan and report dated January 7, 2008 have been prepared by Ward
Associates, P.C., engineers duly licensed by the State of New York, for such increase and
improvement of facilities of the District and the cost thereof has been estimated to be $338,800;
and
WHEREAS, it is expected that $39,000 of such cost shall be paid from the Park
District's Operating Fund and $100,000 of such cost shall be paid from funds available in the
Town of Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of
bonds of the Town; and
WHEREAS, said Board of Commissioners, in the role of Lead Agency, has
undertaken the requisite proceedings pursuant to the New York State Environmental Quality
Review Act ("SEQRA") and has determined that the project described herein is an Unlisted
• Action thereunder having no adverse impact upon the environment;
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, on the 12th day of August, 2008 at 8:00 o'clock
P.M. (Prevailing Time) to consider said increase and improvement of facilities of the Park
District, and the financing thereof, as described herein, 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,
546220.1 001098 RES
FURTHER ORDERED that the Town Clerk publish or cause to be published at
least once in "THE SUFFOLK TIMES," a newspaper published in the Town of Southold and
hereby designated as the official newspaper of the Town for such publication, and, further, to
post, or cause to be posted on the sign board maintained pursuant to subdivision 6 of Section 30
of the Town Law, and mail or caused to be mailed, by first class mail, to each owner of the
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 firs[ publication
thereof, said positing and said mailing to be not less than ten (10) nor more than twenty (20) days
• before the date of such public hearing.
DATED: July 15, 2008
TOWN BOARD OF THE TOWN OF SOUTHOLD
(SEAL)
546220.1 001098 RF.S
The adoption of the foregoing 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 Order was declared adopted.
* + ~ ~ +
546220.1 00109A RF.S
CERTIFICATE
I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of
Suffolk, State of New York, DO HEREBY CERTIFY that I have compared the preceding Order
Calling for a Public Hearing with the original thereof filed in the office of the Town Clerk on Che
15th day of July, 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 15th day of
July, 2008.
(SEAL)
Elizabeth A. Neville, Town Clerk
Town of Southold
546220.1 001098 R8S
Exhibit A
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold,
in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road,
Southold, New York, on August 12, 2008, at 8:00 o'clock P.M. (Prevailing Time), for the
purpose of conducting a public hearing in relation to the proposed increase and improvement of
facilities of the Mattituck Park District, consisting of the construction of sports lighting on the
property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel,
• New York, at an estimated maximum cost of $338,800. It is expected that $39,000 of such cost
shall be paid from the Park District's Operating Fund and $100,000 shall be paid from funds
available in the Town of Southold Recreation Fund, with the $199,800 balance to be financed by
the issuance of bonds of the Town.
At said public hearing, the Town Board will hear all persons interested in said
subject matter thereof.
Dated: July 15, 2008
Southold, New York
• BY ORDER OF THE TOWN BOARD OF THF,
TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, STATE OF NEW YORK
By
Elizabeth A. Neville, Town Clerk
Town of Southold
546220.1 001098 RES
STATE OF NEW YORK )
:ss
COUNTY OF SUFFOLK )
AFFIDAV]T OF POSTING
Elizabeth A. Neville, being duly sworn upon her oath deposes and says:
That she is and at all the times hereinafter mentioned she was the duly qualified
and acting Town Clerk of the Town of Southold, in the County of Suffolk, State of New York;
that on the day of July, 2008, she caused to be posted on the official bulletin board of the
Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of the Notice
of Public Hearing to be held on August 12, 2008, a copy of which is attached hereto and made a
part hereof.
Elizabeth A. Neville, Town Clerk
Subscribed and sworn to before me
this day of July, 2008.
Notary Public, State of New York
546220.1 001098 RGS
STATE OF NEW YORK )
:ss
COUNTY OF SUFFOLK )
AFFIDAVIT OF MAILING
Elizabeth A. Neville, being duly sworn upon her oath deposes and says:
That she is and at all the times hereinafter mentioned she was the duly qualified
and acting Town Clerk of the Town of Southold, in the County of Suffolk, State of New York;
that on the day of July, 2008, she caused to be mailed to each owner of the taxable real
property in the Mattituck Park District, in the Town of Southold, a copy of the Notice of Public
Hearing to be held on August 12, 2008, a copy of which is attached hereto and made a part
hereof.
Elizabeth A. Neville, Town Clerk
Subscribed and sworn to before me
this day of July, 2008.
Notary Public, State of New York
546220.1 001098 RP.S