HomeMy WebLinkAboutPeconic School PropertyELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OE VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 27, 2011
Town of Southold, New York
Further Amending Bond Resolution for Peconic School Property
(Our File Designation: 2615/31289)
Mr. Robert P. Smith
Hawkins, Delafield & Wood, LLC
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Smith:
Enclosed are documents pertaining to the above referenced bond for the Town of
Southold. They are as follows:
1. The Affidavit of Publication
If you need anything else for you records please contact me.
Very truly yo~s,
Lynda M. Rudder
Deputy Town Clerk
encs
cc: Town Attorney
file
Page I of 1
Rudder, Lynda
From: Rudder, Lynda
Sent: Wednesday, April 27,2011 11:04 AM
To: 'Candice Schott'
Subject: RE: for publication may 5,2011
you too thanks again
From: Candice Schott [mailto:cschott@timesreview.com]
~ent: Wednesday, April 27, 2011 10:58 AM
To: Rudder, Lynda
Subject: RE: for publication may 5, 2011
Hi Lynda,
I have received the notices and we are good to go for the 5/5 issue,
Thanks and have a great afternoon!
Candice
From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us]
Sent: Wednesday, April 27, 2011 10:46 AM
To: Candice Schott
Subject: for publication may 5, 2011
Please publish the attached on My 5, 2011
4/28/2011
10216
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
5th day of May, 2011.
Sworn to before me this
Principal Clerk
2011.
PUBLIC NOTICE
The resolution, a summary of which is
published herewith, has been adopted on
February 26, 2008, amended on March 9,
2010, and further amended on March 15,
2011 and an abstract thereof has been
published and posted as required by
law and the period of time has elapsed
fur the submission and filing of a peti-
tion for a permissive referendum and a
valid petition has not been submitted
and filed. The validity of the obligations
authorized by such resolution may be
hereafter contested only if such obliga-
tions 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 pub-
lication of this notice were not substan-
tially complied with. and an acfiom suit
or proceeding contesting such validity is
commenced within twenty days after the
date of publication of the notice, or such
obligations were authorized in violation
of the provisions of the constitution.
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE
TOWN OF SOUTHOLD. NEW YORK
C~TOWN'), ADOPTED FEBRU
ARY 26, 2008, AMENDED MARCH
9. 2010 AND FURTHER AMENDED
ON MARCH 15. 2011, AUTHORIZ
ING THE TOWN TO lA) ACQUIRE
FROM THE SOUTHOLD UNION
FREE SCHOOL DISTRICT. FOR USE
AS A TOWN RECREATION CEN-
TER AND FOR OTHER TOWN PUR-
POSES, THE CERTAIN PARCEL OF
LAND IN THE TOWN, CONTAINING
4.3 ACES MORE OR LESS, KNOWN
AS THE "PECON1C SCHOOL PROP
ERTY," LOCATED AT 1170 PECaN-
lC LANE, AND DESIGNATED ON
THE SUFFOLK COUNTY LAND
AND TAX MAP AS 1000-075.00-
01.00-01.3.00{), INCLUDING THE PE-
CONIC SCHOOL BUILDING AND
ALL OTHER BUILDINGS AND IM-
PROVEMENTS THEREON, AT THE
ESTIMATED MAXIMUM COST OF
$1,031,400, AND (B) CONSTRUCT
IMPROVEMENTS TO SUCI'I PE
CONIC SCHOOL BUILDING AND
ALL OTHER BUILDINGS, AT THE
ESTIMATED MAXIMUM COST
OF $561,100; STATING THE ESTI-
MATED TOTAL COST THEREOF
IS $1,592,500; APPROPRIATING
SAID AMOUNT THEREFOR, IN-
CLUDING THE EXPENDITURE OF
$242,500 GRANT FUNDS AND OTH-
ER AVAILABLE FUNDS TO PAY A
PART OF SAID APPROPRIATION:
AND AUTHORIZING THE ISSU-
ANCE OF $1,350~0(Y0 SERIAL BONDS
OF SAID TOWN TO FINANCE THE
BALANCE OF SAID APPROPRIA-
TION
The object or purpose for which the
bonds are authorized is to: (a) acquire
from the Southold Union Free School
District. for use as a Town Recreation
Center and for other Town Purposes.
the certain parcel of land. containing 4.3
acres more or less, in the Town, known as
the "Peconic School Property." located
at 1170 Peconic Lane, and designaled on
the Suffolk County Land and Tax Map
as 1000-075.00-0L00 013.000, includ-
ing the Peconic School Building and
all other buildings and improvements
thereon, at the estimated maximuln cost
of $1,031,400 (the "Land Acquisition"),
and (b) construct improvements to such
Peconic School Building and all other
buildings, at the estimated maximum
cost of $561,100 (the "Building Improve-
ments''). The estimated total cost is
$1,592,500.
The amount of obligations to be is
sued is $1,350,(1t)0, with the balance of
$242,500 to be paid from grant funds and
other available fundx
The period of probable usefulness is
thirty (30) years for the land acquisition
and twenty-five (25) years for the build-
ing improvements; however, the maxi
mum maturity of all bonds issued pursu
ant to this resolution shall be twenty-five
(25) years.
A complete copy of the bond resolu-
tion summarized above shall be avail-
able for public inspection during normal
business hours at the office of the Town
Clerk, at the Town Hall, 53095 Main
Street, Southold, New York.
Dated: March 15,2011
Southold, New York
C Hr~ISTINA VOLINSKI ~'~
NOTARY PUgLIC-STA1E OF NEW YORK
r~o, 01-V06105050
Qualified ~n ~uffolk County
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 27, 2011
Town of Southold, New York
Further Amending Bond Resolution for Peconic School Property
(Our File Designation: 2615/31289)
Mr. Robert P. Smith
Hawkins, Delafield & Wood, LLC
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Smith:
Enclosed are documents pertaining to the above referenced bond for the Town of
Southold. They are as follows:
A copy of the public notice that will appear in the May 5,2011 edition of the
Suffolk Times
Certificate of No Referendum
Affidavit of publication on Town Clerk Bulletin Board
I will forward the affidavit of publication in the newspaper as soon as it is received. If
you need anything else for you records please contact me.
Very truly yours,
Lynda M. Rudder
Deputy Town Clerk
encs
cc: Town Attorney
file
PUBLIC NOTICE
The resolution, a summary of which is published herewith, has been adopted on February
26, 2008, amended on March 9, 2010, and further amended on March 15, 2011 and an
abstract thereof has been published and posted as required by law and the period of time
has elapsed for the submission and filing ora petition for a permissive referendum and a
valid petition has not been submitted and filed. The validity of the obligations authorized
by such resolution may be hereafter contested only if such obligations were authorized
for an object or purpose for which the Town of Southold, in the County of Suffolk, New
York, is not authorized to expend money or if the provisions of law which should have
been complied with as of the date of publication of this notice were not substantially
complied with, and an action, suit or proceeding contesting such validity is commenced
within twenty days after the date of publication of the notice, or such obligations were
authorized in violation of the provisions of the constitution.
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
("TOWN"), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9,
2010 AND FURTHER AMENDED ON MARCH 15, 2011,
AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE
SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A
TOWN RECREATION CENTER AND FOR OTHER TOWN
PURPOSES, THE CERTAIN PARCEL OF LAND 1N THE TOWN,
CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE
"PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC
LANE, AND DESIGNATED ON TIlE SUFFOLK COUNTY LAND
AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE
PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND
IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM
COST OF $1,031,400, AND (B) CONSTRUCT IMPROVEMENTS TO
SUCH PECONIC SCHOOL BUILDING AND ALL OTHER
BUILDiNGS, AT THE ESTIMATED MAXIMUM COST OF $561,100;
STATING THE ESTIMATED TOTAL COST THEREOF IS $1,592,500;
APPROPRIATiNG SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF $242,500 GRANT FUNDS AND OTHER
AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION;
AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL
BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION
The object or purpose for which the bonds are authorized is to: (a) acquire from the
Southold Union Free School District, for use as a Town Recreation Center and for other
Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the
Town, known as the "Peconic School Property," located at 1170 Peconic Lane, and
designated on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000,
including the Peconic School Building and all other buildings and improvements
thereon, at the estimated maximum cost of $1,031,400 (the "Land Acquisition"), and (b)
construct improvements to such Peconic School Building and all other buildings, at the
estimated maximum cost of $561,100 (the "Building Improvements"). The estimated
total cost is $1,592,500.
The amount of obligations to be issued is $1,350,000, with the balance of $242,500 to be
paid from grant funds and other available funds.
The period of probable usefulness is thirty (30) years for the land acquisition and twenty-
five (25) years for the building improvements; however, the maximum maturity of all
bonds issued pursuant to this resolution shall be twenty-five (25) 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, at the Town
Hall, 53095 Main Street, Southold, New York.
Dated: March 15,2011
Southold, New York
PLEASE PUBLISH ON May 5, 2011, AND FORWARD THREE (3) AFFIDAVITS
OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN
HALL, P.O. BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
Suffolk Times
Town Attoiney
Bond Council
Town Board Members
Accounting
Town Clerk's Bulletin Board
CERTIFICATE OF NO REFERENDUM
1, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in
the County of Suflblk, State of New York, ItEREBY CERTIFY as follo~vs:
That a resolution of the Town Board of the Town of Southold, in the
County of Suffolk, State of New York, entitled:
~'Bond Resolution of the Eown of Southold, New York ("Town"),
adopted February 26, 2008, amended March 9, 2010, and further
amended on March 15, 2011 authorizing the Town to (a) acquire
from the Southold Union Free School District, for use as a Town
Recreation Center and for other Town purposes, the certain parcel
of land in the Town, containing 4.3 aces more or less, known as the
"Peconic School Property," located at 1170 Peconic Lane, and
designated on the Suffolk County Land and Tax Map as 1000-
075.00-0l .00-013.000, including the Peconic School Building and
all other buildings and improvements thereon, at the estimated
maximum cost of $1,031,400, and (b) construct improvements to
such Peconic School Building and all other buildings, at the
estimated maximum cost of $561,100; stating the estimated total
cost thereof is $1,592,500; appropriating said amount therefor,
including the expenditure of $242,500 grant funds and other
available funds to pay a part of said appropriation; and authorizing
the issuance of$1,350,000 serial bonds of said Town to finance the
balance of said appropriation,"
was adopted February 26, 2008, amended March 9, 2010, and further amended on March
15, 2011 and that the notice setting forth the date of adoption of the resolution and
containing an abstract of said resolution which concisely stated the purpose and effect
thereof, was duly posted and published as required by law.
That no petition signed and acknowledged by the electors of the Town
protesting against said resolution and requesting that said resolution be submitted to the
electors of the Town for their approval or disapproval has been filed with the Town Clerk
within thirty days after the date of the adoption thereof; or at any other time since said
adoption.
IN WITNESS WHEREOF,
I have hereunto set my hand and affixed the
corporate seal of said Town this ~ day of
April, 2011.
(SEAL)
Town Clerk
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
dulyswom, says that on the oQ'~ dayof (]).4q.c~ ,2011, she affixed a
notice of which the annexed printed notice is a true copy, in a proper and substantial
manner, in a most public place in the Town of Southold, Suflblk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Summary for amending bond resolution for Peconic School Property
-- - -ffliz~beth Ak. Neville
Southold Town Clerk
Sworn before me this
9qq day of ~k~ ,2011.
Public
DE LAF'IELD &WOOD LLP
(212) 820-9662
April 14, 2011
Town of Southold, New York
Further Amending Bond Resolution for Peconic School Property
(Our File Designation: 2615/31289)
Martin D. Finnegan, Esq.
Town Attorney
Town of Southold
P.O. Box 1179
Southold, New York 11971
Dear Martin:
The above-referenced amending bond resolution takes effect thirty (30) days after
its adoption and is to be published, in summary, in the official newspaper together with a
statutory form of notice, thereby commencing a 20-day statute of limitations period pursuant to
the provisions of Section 80.00 et seq. of the Local Finance Law.
With reference thereto, I have prepared and enclose herewith the following:
(a) Certificate of No Referendum
(b) Summary of the amending bond resolution with the
prescribed form of Clerk's statutory notice affixed in
readiness for publication.
Please do not hesitate to call if you have any questions regarding the enclosed
documents. Kindly send me an executed copy of the Certificate of No Referendum and an
original Affidavit of Publication, when available.
With best regards, I am
Very truly yours
RPS/ml
Enclosures
Robert P. Smith
cc: John A. Cushman
(NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION)
NOTICE
The resolution, a summary of which is published herewith, has been adopted on February 26,
2008, amended on March 9, 2010, and further amended on March 15, 2011 and an abstract
thereof has been published and posted as required by law and the period of time has elapsed for
the submission and filing of a petition for a permissive referendum and a valid petition has not
been submitted and filed. The validity of the obligations authorized by such resolution may be
hereafter contested only if such obligations were authorized for an object or purpose for which
the Town of Southold, in the County of Suflblk, New York, is not authorized to expend money
or if the provisions of law which should have been complied with as of the date of publication of
this notice were not substantially complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty days after the date of publication of the notice, or such
obligations were authorized in violation of the provisions of the constitution.
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
("TOWN"), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9, 2010
AND FURTHER AMENDED ON MARCH 15, 2011, AUTHORIZING THE
TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL
DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR
OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE
TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE
"PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE,
AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP
AS 1000-075.00-01.00-013.000, INCLUDING THE PECONIC SCHOOL
BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS
THEREON, AT THE ESTIMATED MAXIMUM COST OF $I,031,400, AND
(B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL
BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED
MAXIMUM COST OF $561,100; STATING THE ESTIMATED TOTAL COST
THEREOF IS $1,592,500; APPROPRIATING SAID AMOUNT THEREFOR,
INCLUDING THE EXPENDITURE OF $242,500 GRANT FUNDS AND
OTHER AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION;
AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF
SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION
The object or purpose for which the bonds are authorized is to: (a) acquire from the Southold
Union Free School District, for use as a Town Recreation Center and for other Town Purposes,
the certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic
School Property," located at 1170 Peconic Lane, and designated on the Suflblk County Land
and Tax Map as 1000-075.00-01.00-013.000, inclu, ding the Peconic School Building and all
other buildings and improvements thereon, at the estimated maximum cost of $1,031,400 (the
"Land Acquisition"), and (b) construct improvements to such Peconic School Building and all
other buildings, at the estimated maximum cost of $561,100 (the "Building Improvements").
The estimated total cost is $1,592,500.
The amount of obligations to be issued is $1,350,000, with the balance of $242,500 to be paid
from grant funds and other available funds.
The period of probable usefulness is thirty (30) years for the land acquisition and twenty-five
(25) years for the building improvements; however, the maximum maturity of all bonds issued
pursuant to this resolution shall be twenty-five (25) 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, at the Town Hall,
53095 Main Street, Southold, New York.
Dated: March 15, 2011
Southold, New York
CERTIFICATE OF NO REFERENDUM
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suffolk, State of New York, HEREBY CERTIFY as follows:
That a resolution of the Town Board of the Town of Southold, in the County of
Suflblk, State of New York, entitled:
"Bond Resolution of the Town of Southold, New York ("Town"), adopted
February 26, 2008, amended March 9, 2010, and further amended on
March 15, 2011 authorizing the Town to (a) acquire from the Southold
Union Free School District, for use as a Town Recreation Center and for
other Town purposes, the certain parcel of land in the Town, containing
4.3 aces more or less, known as the "Peconic School Property," located at
1170 Peconic Lane, and designated on the Suffolk County Land and Tax
Map as 1000-075.00-01.00-013.000, including the Peconic School
Building and all other buildings and improvements thereon, at the
estimated maximum cost of $1,031,400, and (b) construct improvements
to such Peconic School Building and all other buildings, at the estimated
maximum cost of $561,100; stating the estimated total cost thereof is
$1,592,500; appropriating said amount therefor, including the expenditure
of $242,500 grant funds and other available funds to pay a part of said
appropriation; and authorizing the issuance of $1,350,000 serial bonds of
said Town to finance the balance of said appropriation,"
was adopted February 26, 2008, amended March 9, 2010, and further amended on March 15,
2011 and that the notice setting forth the date of adoption of the resolution and containing an
abstract of said resolution which concisely stated the purpose and effect thereof, was duly posted
and published as required by law.
That no petition signed and acknowledged by the electors of the Town protesting
against said resolution and requesting that said resolution be submitted to the electors of the
Town for their approval or disapproval has been filed with the Town Clerk within thirty days
after the date of the adoption thereof, or at any other time since said adoption.
IN WITNESS WHEREOF,
I have hereunto set my hand and affixed the
corporate seal of said Town this __ day of April,
2011.
(SEAL) Town Clerk
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 31, 2011
Town of Southold, New York
Further Amending Bond Resolution for Peconic School Property
(Our File Designation: 2615/31289)
Mr. Robert P. Smith
Hawkins, Delafield & Wood, LLC
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Smith:
Enclosed are documents pertaining to the above referenced bond for the Town of
Southold. They are as follows:
1. Affidavit of publication
Please forward, at your earliest convenience, additional documents required with respect
to the final estoppel publication of resolution to me.
Very truly yours,
LyndaM. Rudder
encs
cc: Town Attorney
file
10163
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
24th day of March, 2011.
Principal Clerk
Sworn to before me this
LEGAL NOTICE
TOVYN OF SOUTHOLD,
NEW YORK
PLEASE TAKE NOTICE that on
March 15, 2011, the Town Board of the
of Town of Southold. in the County of
Suffolk, New York~ adopted a resolution
amending the bond resolution adopted
by said Town Board on February 26,
2008, and previously amended on March
9~ 2010, which bond resolution, as further
amended, is entitled:
"Bond Resolution of the Town of
Southold, New York ("Town"), adopted
February 26, 2008, amended March 9,
2010, and further amended on March 15,
2011 authorizing the Town to (al acquire
from the Southold Union Free School
District, for use as a Town Recreation
Center and for other Town purposes, the
certain parcel of land in the Town, con-
taining 4.3 aces more or less, known as
the "Peconic School Property," located
at 1170 Puconic Lane, and designated on
the Suffolk County Land and Tax Map
as 1000-075.00-01.00-013.000, includ-
ing the Peconic School Building and
all other buildings and improvements
thereon, at the estimated maximum cost
of $1 ~031,400, and (b) construct improve-
ments to such Peconic School Building
and all other binldings, at the estimated
maximum cost of $561,100; stating the
estimated total cost thereof is $1,592,500;
appropriating said amount therefor,
including the expenditure of $242,500
grant funds and other available funds
to pay a part of said appropriation: and
authorizing the issuance of $1,350,000
serial bonds of said Town to finance the
balance of said appropriation,"
an abstract of which bond resolution
concisely stating the purpose and effect
thereoL being as follows:
FIRST: AUTHORIZING said Town
to (al acquire from the Southold Union
Free School District, for use as a Town
Recreation Center and for other Town
Purposes. the certain parcel of land,
contathing 4.3 acres more or less, in the
Town, known as the "Peconic School
Property," located at 1170 Peconic Lane,
and designated on the Suffolk County
Land and Tax Map as 1000-075.00-
0L00-013.1X)0, including the Puconic
School Building and all other buildings
and improvements thereon, at the esti
mated maximum cost of $1.031.400 (the
"Land Acquisition"). and (b) construct
improvements to such Peconic School
Building and all other buildings, at the
estimated maximum cost of $561,100
(the "Building Improvements"): STAT
lNG the estimated total cost thereof, in
cluding prelgninary costs, and costs inci-
dental thereto and the financing thereof.
is $1.592,5(~-I; APPROPRIATING said
day of
amount therefor, including the expendi
ture of up to $242,500 grant funds and
other available funds to pay a part of
said appropriation, the issuance of not
to exceed $1,350,000 serial bonds of the
Town to finance the balance of said ap-
propriation, and the levy and collection
of taxes on all the taxable real property
in the Town to pay the principal of said
bonds and the interest thereon as the
same shall become due and payable:
SECOND: AUTHORIZING the is-
suance of $1,350,000 serial bonds of the
Town pursuant to the Local Finance Law
of the State of New York (the "Law") to
finance a part of said appropriation;
THIRD: DETERMINING the pe-
riod of probable usefulness applicable
to the Land Acquisition, for which
$1,031,400 serial bonds are authorlzed, is
thirty (30) years; however the maturity
of said bonds shall not exceed twenty-
five (25) years; and the period of proba-
ble usefulness applicable to the Building
Improvements, for which $541,100 serial
bonds are authorized, is twenty-five (25)
years; STATING that the proceeds of
said bonds and any bond anticipation
notes issued in anticipation thereof may
be applied to reimburse the Town for
expenditures made after the effective
date of this bond resolution for the pur-
poses for which said bonds are autho-
rized; STATING that the Town Board
of the Town. acting in the role of Lead
Agency pursuant to the provisions of the
New York State Environmental Qual-
ity Review Act, constituting Article 8 of
the Environmental Conservation Law,
and 6 N.Y. CR.R.. Regulations Part 617
("SEQRA') has heretofore determined
that: (il the Land Acquisition described
herein is an Unlisted Action pursuant to
SEQRA,which will not result in any sig-
nificant adverse environmental impact
and a negative declaration has been ad-
opted and filed and (ii) the Building Im-
provements are a'l~pe Il Action pursu-
ant to SEQRA and no further review is
required; and the proposed maturity of
said $1,350,000 serial bonds will exceed
five (5) years;
FOURTH: DETERMINING that
said bonds and any bond anticipation
notes issued in anticipation of said bonds
and the renewals of said bond anticipa
tion notes shall be general obligations of
the Town; and PLEDGING to their pay-
ment the faith and credit of the Town;
FIFTH: DELEGATING to the Su-
pervisor the powers and duties as to the
issuance of said bonds and any bond an-
ticipation notes issued in anticipation of
said bonds, or the renewals thereofg and
SIXTH: DETERMINING that the
bond resolution is subject to a permis
sire referendum.
DATED: March 15. 201 [
Elizabeth A. Neville
Town Clerk
10A63-1T 3/24
2011.
2HRISTINA VOL,N.c K~
,e, pv ;~Ugt-lC-$TATE OF NEW YORK
No. 01-VG6~05050
)~oilfiod in Suffolk COunty
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 17, 2011
Town of Southold, New York
Further Amending Bond Resolution for Peconic School Property
(Our File Designation: 2615/31289)
Mr. Robert P. Smith
Hawkins, Delafield & Wood, LLC
One Chase Manhattan Plaza
New York, NY 10005
Dear Mr. Smith:
Enclosed are documents pertaining to the above referenced bond for the Town of
Southold. They are as follows:
Certified resolution adopting the bond
Notice of posting on Town Clerk bulletin board
The Extract of Minutes
I will forward the affidavit of publication as soon as I receive it. It will be published in
the March 24, 2011 edition of the Suffolk Times.
Very truly yours,
Lynda M. Rudder
encs
cc: Town Attorney
file
Page 1 of l
From: Candice Schott [cschott@timesreview.com] [~'¢ ~o+,'¢~
Sent: Thursday, March 17, 2011 9:21 AM
To: Rudder, Lynda
Subject: RE: for publication on 3/24/11
Good morning Lynda,
I have received the notice and we are good to go.
Thanks and have a great Thursday[
Candice
From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us]
Sent: Thursday, Harch 17, 2011 8:16 AM
To: alkrupskitown@yahoo.com; Andaloro, Jennifer; Beltz, Phillip; Cushman, John; Finnegan, Martin; Krauza,
Lynne; Candice Schott; Ipevans@fishersisland.net; Orlando, Vincent; Russell, Scott; Talbot, Christopher; William
Ruland
Subject: for publication on 3/24/11
Please provide 3 affidavits of publication after published, thanks
L ynda /FI Rudder'
Lynda M Rudder
Deputy Southold Town Clerk
53095 Main Road
PO Box 1179
Southold, NY 11971
(631)765-1800 ext 265
3/17/2011
EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of Southold, in the
County of Suffblk, New York
March 15, 2011
A regular meeting of the Town Board of the Town of Southold, in the
County of Suftblk, New York, was held at the Human Resource Center, 750 Pacific
Street, Mattituck, New York, on March 15,2011.
There were present: Hon. Scott A. Russell, Supervisor; and
Councilpersons:
Councilman William Ruland
Councilman Albert Krupski, Jr
Councilman Christopher Talbot
Justice Louisa Evans
There were absent: Councilman Vincent Orlando
Also present:
Elizabeth A. Neville, Town Clerk
Martin D. Finnegan, Town Attorney
Councilman Albert Krupski, Jr. offered the following resolution and
moved its adoption:
RESOLUTION OF THE TOWN OF SOUTHOLD
(THE ;'TOWN"), NEW YORK, ADOPTED MARCH
15, 2011, FURTHER AMENDING THE BOND
RESOLUTION HERETOFORE ADOPTED BY THE
TOWN BOARD OF THE TOWN ON FEBRUARY 26,
2008 AND PREVIOUSLY AMENDED ON MARCH
9, 2010, RELATING TO THE PECONIC SCHOOL
BUILDING PROJECT
Recitals
WHEREAS, the Town Board of the Town of Southold, in the County of
Suffolk, New York, has heretofore duly authorized (a) the acquisition from the Southold
Union Free School District, for use as a Town Recreation Center and fbr other Town
Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town,
kno~vn as the "Peconic School Property," located at 1170 Peconic Lane including the
Peconic School Building and all othcr buildings and improvements thereon, at the
estimated maximmn cost of $1,100,000 (the "Land Acquisition") and (b) the
construction of improvements to such Peconic School Building and all other buildings,
at the estimated maximum cost of $250,000 (the "Building Improvements");
WHEREAS, the estimated total cost of said specific objects or purposes,
including preliminary costs and costs incidental thereto and the financing thereof, as
stated in the bond resolution adopted by the Town Board on February 26, 2008, was
$1,350,000;
WHEREAS, it was heretofbre determined that the estimated maximum
cost of the Land Acquisition was $1,031,400, that the scope of the work to be performed
in connection with the Building Improvements had been increased to include asbestos
and lead remediation, installation of restrooms, installation of a heating, ventilation and
air condition system and other related work, and the estimated maximum cost of the
Building Improvements, including preliminary costs and costs incidental thereto and the
financing thereof, was $468,600;
WHEREAS, on March 9, 2010, the Town Board determined that it was
necessary and in the public interest to amend the bond resolution adopted on February 26,
2008 to (a) decrease the appropriation tbr the Land Acquisition by $68,600 and increase
the appropriation for the Building Improvements by $68,600 and (b) appropriate an
additional $150,000 to reflect the revised costs as required pursuant to applicable law,
and to fully fund the projects described herein;
WHEREAS, the Town Board has determined that the scope of the work to
be performed in connection with the Building Improvements will need to be increased to
include additional required improvements including, but not limited to, the installation of
public watcr, a handicapped accessibility ramp, and paving of parking lots, and the
estimated maximum cost of the Building Improvements, including preliminary costs and
costs incidental thereto and the financing thereof; is now determined to be $561,100;
WHEREAS, the Town Board expects that the increase in the estimated
maxilnum cost of the Building hnprovement will be paid from other available funds in
connection with such project;
WHEREAS, the Town Board has now determined that it is necessary and
in the public interest to further amend the bond resolution adopted on February 26, 2008
and previously amended on March 9, 2010 to (a) increase the appropriation for the
Building hnprovements by $92,500 and (b) appropriate an additional $92,500 to reflect
the revised costs as required pursuant to applicable law, and to fully fund the projects
describcd herein;
Now, therdbre, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of
not less than two-thirds of all members of said Town Board) AS FOLLOWS:
Section (A) The Bond Resolution of the Town of Southold adopted by the Town Board
on February 26, 2008 and amended on March 9, 2010, entitled:
"Bond Resolution of the Town of Southold, New York
("Town"), adopted February 26, 2008 and amended March
9, 2010, authorizing the Town to (a) acquire from the
Southold Union Free School District, for use as a Town
Recreation Center and for other Town purposes, the certain
parcel of land in the Town, containing 4.3 aces more or
less, known as the "Peconic School Property," located at
1170 Peconic Lane, and designated on the Suffolk County
Land and Tax Map as 1000-075.00-01.00-013.000,
including the Peconic School Building and all other
buildings and improvements thereon, at the estimated
maximum cost of $1,031,400, and (b) construct
improvements to such Peconic School Building and all
other buildings, at the estimated maximum cost of
$468,600; stating the estimated total cost thereof is
$1,500,000; appropriating said amount theretbr, including
the expenditure of $150,000 grant funds and other available
funds to pay a part of said appropriation; and authorizing
the issuance of $1,350,000 serial bonds of said Town to
finance the balance of said appropriation,"
is hereby amended to read as fbllows:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK ("TOWN"), ADOPTED FEBRUARY 26, 2008,
AMENDED MARCH 9, 2010 AND FURTHER AMENDED ON
MARCH 15, 2011, AUTHORIZING THE TOWN TO (A)
ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL
DISTRICT, FOR USE AS A TOWN RECREATION CENTER
AND FOR OTHER TOWN PURPOSES, THE CERTAIN
PARCEL OF LAND IN THE TOWN, CONTAINING 4.3 ACES
MORE OR LESS, KNOWN AS THE "PECONIC SCHOOL
PROPERTY," LOCATED AT 1170 PECONIC LANE, AND
DESIGNATED ON THE SUFFOLK COUNTY LAND AND
TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE
PECON1C SCHOOL BU1LDING AND ALL OTHER
BUILDINGS AND IMPROVEMENTS THEREON, AT THE
ESTIMATED MAX1MUM COST OF $1,031,400, AND (B)
CONSTRUCT IMPROVEMENTS TO SUCH PECONIC
SCHOOL BUILDING AND ALL OTHER BUILDINGS, AT THE
ESTIMATED MAXIMUM COST OF $561,100; STATING THE
ESTIMATED TOTAL COST THEREOF IS $1,592,500;
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING
THE EXPENDITURE OF $242,500 GRANT FUNDS AND
OTHER AVAILABLE FUNDS TO PAY A PART OF SAID
APPROPRIATION; AND AUTHORIZING THE iSSUANCE OF
$1,350,000 SERIAL BONDS OF SAID TOWN TO FINANCE
THE BALANCE OF SAID APPROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE
COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote
of not less than two-thirds of all the members of said Town Board) AS FOLLOWS:
The Town of Southold, in the County of Suffolk, New York (herein called
the ~'Town"), is hereby authorized to: (a) acquire from the Southold Union Free School
District, for use as a Town Recreation Center and fbr other Town Purposes, the certain
parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic
School Property," located at 1170 Peconic Lane, and designated on the Suffblk County
Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School
Building and all other buildings and improvements thereon, at the estimated maximum
cost of $1,031,400 (the "Land Acquisition"), and (b) construct improvements to such
Peconic School Building and all other buildings, at the estimated maximum cost of
$561,100 (the "Building hnprovements"). The estimated total cost of said specific
objects or purposes, including preliminary costs and costs incidental thereto and the
financing thereof, is $1,592,500 and the said amount is hereby appropriated therefor. The
plan of financing includes the expenditure of up to $242,500 grant funds and other
available funds to pay a part of said appropriation, the issuance of not to exceed
$1,350,000 serial bonds of the Town to finance the balance of said appropriation, and the
levy and collection of taxes on all the taxable real property in the Town to pay the
principal of said bonds and the interest thereon as the same shall become due and
payable. Authorizing any funds to be received from the United States of America, State
of New York or any other sources to be expended towards the cost of the Building
hnprovements or redemption of the Town's bonds or notes issued therefor, or to be
budgeted as an oft~et to the taxes to be collected fbr the payment of the principal of and
interest on said bonds or notes.
Serial bonds of the Town in the principal amount of not to exceed
$1,350,000 are hereby authorized to be issued pursuant to the provisions of the Local
Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (herein called the "Law"), to finance a part of said appropriation.
Thc fbllowing additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the Land
Acquisition, for which $1,031,400 serial bonds are authorized to be issued, within the
limitations of Section 11.00 a. 21(a) of the Law, is thirty (30) years; however, the
maturity of said bonds shall not exceed twenty-five (25) years.
The building or buildings to be improved are of Class "A" construction as
defined by Section 11.00 a. ll(a) of the Law and the period of probable usefulness
applicable to the Building Improvements, lbr which $561,100 serial bonds are authorized
to be issued, within the limitations of Section 11.00 a. 12(a)(1) of the Law, is twenty-five
(25) years.
(b) The proceeds of the bonds herein authorized, and any bond
anticipation notes issued in anticipation of said bonds, may be applied to reimburse the
Town tbr expenditures made after the effective date of this resolution ibr the purpose for
which said bonds are authorized. The foregoing statement of intent with respect to
reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the
United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency
pursuant to the provisions of the New York State Environmental Quality Review Act,
constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R.,
Regulations Part 617 ("SEQRA") has heretofbre determined that: (i) the Land
Acquisition described herein is an Unlisted Action pursuant to SEQRA, which will not
result in any significant adverse envirolunental impact and a negative declaration has
been adopted and filed and (ii) the Building Improvements described herein are a Type II
Action pursuant to SEQRA and no further review is required.
(d) The proposed maturity of the bonds authorized by this resolution
will exceed five (5) years.
Each of the bonds authorized by this resolution, and any bond anticipation
notes issued in anticipation of the sale of said bonds, shall contain the recital of validity
as prcscribed by Section 52.00 of the Law and said bonds, and any notes issued in
anticipation of said bonds, shall be general obligations of the Town, payable as to both
principal and interest by general tax upon all the taxable real property within the Town
without limitation of rate or amount. The faith and credit of the Town are hereby
irrevocably pledged to the punctual payment of the principal of and interest on said
bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall
be made annually in the budget of the Town by appropriation for (a) the amortization and
redemption of the bonds and any notes in anticipation thereof to mature in such year and
(b) the payment of interest to be due and payable in such year.
Subject to the provisions of this resolution and of the Law and pursuant to
the provisions of Section 21.00 relative to the authorization of bonds with substantially
level or declining annual debt service, Section 30.00 relative to the authorization of the
issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the
Law, the powers and duties of the Town Board relative to authorizing bond anticipation
notes and prescribing the terms, fbnn and contents and as to the sale and issuance of the
bonds herein authorized, and of any bond anticipation notes issued in anticipation of said
bonds, and the renewals of said bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
The validity of the bonds authorized by this resolution, and of any notes
issued in anticipation of the sale of said bonds, may be contested only iff
(a)
(b)
such obligations are authorized for an object or purpose for which
the Town is not authorized to expend money, or
the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied
with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
(c)
such obligations are authorized in violation of the provisions of the
constitution.
This bond resolution is subject to a permissive referendum and the Town
Clerk of said Town of Southold is hereby authorized and directed to cause to be
published, in full, within ten (10) days after the adoption of this resolution, in "The
Suffblk Times," a newspaper having general circulation in the Town and hereby
designated the official newspaper of said Town fbr such publication, and posted on the
sign board of the Town maintained pursuant to the Town Law, a Notice in substantially
the following form:
TOWN OF SOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on March 15, 2011, the Town Board of the
of Town of Southold, in the County of Suflblk, New York, adopted a resolution
amending the bond resolution adopted by said Town Board on February 26, 2008, and
previously amended on March 9, 2010, which bond resolution, as further amended, is
entitled:
"Bond Resolution of the Town of Southold, New York ("Town"),
adopted February 26, 2008, amended March 9, 2010, and further
amended on March 15, 2011 authorizing the Town to (a) acquire
from the Southold Union Free School District, fbr use as a Town
Recreation Center and for other Town purposes, the certain parcel
of land in the Town, containing 4.3 aces more or less, known as the
"Peconic School Property," located at 1170 Peconic Lane, and
designated on the Suffolk County Land and Tax Map as 1000-
075.00-01.00-013.000, including the Peconic School Building and
all other buildings and improvements thereon, at the estimated
maximum cost of $1,031,400, and (b) construct improvements to
such Peconic School Building and all other buildings, at the
estimated maximmn cost of $561,100; stating the estimated total
cost thereof is $1,592,500; appropriating said amount thereibr,
including the expenditure of $242,500 grant funds and other
available funds to pay a part of said appropriation; and authorizing
the issuance of $1,350,000 serial bonds of said Town to finance the
balance of said appropriation,"
an abstract of which bond resolution concisely stating the purpose and effect thereof,
being as follows:
FIRST: AUTHORIZING said Town to (a) acquire from the Southold
Union Free School District, for use as a Town Recreation Center and for other Town
Purposes, the certain parcel of land, containing 4.3 acres more or less, in thc Town,
known as the "Peconic School Property," located at 1170 Peconic Lane, and designated
on the Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the
Peconic School Building and all other buildings and improvements thereon, at the
estimated maximum cost of $1,031,400 (the "Land Acquisition"), and (b) construct
improvements to such Peconic School Building and all other buildings, at the estimated
maximum cost of $561,100 (the "Building Improvements"); STATING the estimated
total cost thereof, including preliminary costs, and costs incidental thereto and the
financing thereof, is $1,592,500; APPROPRIATING said amount theretbr, including the
expenditure of up to $242,500 grant funds and other available funds to pay a part of said
appropriation, the issuance of not to exceed $1,350,000 serial bonds of the Town to
finance the balance of said appropriation, and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said bonds and the interest
thereon as the stone shall become due and payable;
SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of
the Town pursuant to the Local Finance Law of the State of New York (the "Law") to
finance a part of said appropriation;
THIRD: DETERMINING the period of probable usefulness applicable to
the Land Acquisition, for which $1,031,400 serial bonds are authorized, is thirty (30)
years; however the maturity of said bonds shall not exceed twenty-five (25) years; and
the period of probable usefulness applicable to the Building hnprovements, for which
$541,100 serial bonds are authorized, is twenty-five (25) years; STATING that the
proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may
be applied to reimburse the Town for expenditures made after the effective date of this
bond resolution fbr the purposes fbr which said bonds are authorized; STATING that the
Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of
the New York State Environmental Quality Review Act, constituting Article 8 of the
Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA")
has heretofbre determined that: (i) the Land Acquisition described herein is an Unlisted
Action pursuant to SEQRA, which will not result in any significant adverse
environmental impact and a negative declaration has been adopted and filed and (ii) the
Building Improvements are a Type II Action pursuant to SEQRA and no further review is
required; and thc proposed maturity of said $1,350,000 serial bonds will exceed five (5)
years;
FOURTH: DETERMINING that said bonds and any bond anticipation
notes issued in anticipation of said bonds and the renewals of said bond anticipation notes
shall be general obligations of the Town; and PLEDGING to their payment the faith and
credit of the Town;
FIFTH: DELEGATING to the Supervisor the powers and duties as to the
issuance of said bonds and any bond anticipation notes issued in anticipation of said
bonds, or the renewals thereof; and
SIXTH: DETERMINING that the bond resolution is subject to a
permissive referendum.
DATED: March 15,2011
Elizabeth A. Neville
Town Clerk
Section (B) The amendment of the bond resolution set forth in Section (A)
of this resolution shall in no way affect the validity of the liabilities incurred, obligations
issued, or action taken pursuant to said bond resolution, and all such liabilities incurred,
obligations issued, or action taken shall be deemed to have been incurred, issued or taken
pursuant to said bond resolution, as so amended.
Section (C) Said bond resolution, as amended, is subject to a permissive
referendum. In the event that a valid petition protesting against said amended bond
resolution and requesting that it be submitted to the electors of said Town for their
approval or disapproval, is filed and the Proposition submitted therefor is defeated, the
validity of the bond resolution adopted February 26, 2008, shall not be in any way
affected and shall remain in full force and effect.
Section (D) After said bond resolution, as amended, shall take effect, the
Town Clerk is hereby authorized and directed to cause said bond resolution, as amended,
to be published, in summary, in substantially the fbrm set forth in Exhibit A attached
hereto and made a part hereof, in "The SqfJblk Times," hereby designated the official
newspaper for said publication, together with a Notice in substantially the form as
prescribed by Section 81.00 of the Local Finance Law of the State of New York.
Section (E) This amending resolution shall take effect immediately.
Thc adoption of the fbregoing resolution was seconded by Councilman
Christopher Talbot and duly put to a vote on roll call, which resulted as/bllows:
AYES:
Supervisor Scott A. Russell
Councilman William Ruland
Councihnan Albert Krupski, Jr
Councihnan Christopher Talbot
Justice Louisa Evans
NOES: None
The resolution was declared adopted.
EXHIBIT A
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
("TOWN"), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9,
2010 AND FURTHER AMENDED ON MARCH 15, 2011,
AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE
SOUTHOLD UN[ON FREE SCHOOL DISTRICT, FOR USE AS A
TOWN RECREATION CENTER AND FOR OTHER TOWN
PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN,
CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE
"PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC
LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND
AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE
PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND
iMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM
COST OF $1,031,400, AND (B) CONSTRUCT IMPROVEMENTS TO
SUCH PECONIC SCHOOL BUILDING AND ALL OTHER
BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $561,100;
STAT1NG THE ESTIMATED TOTAL COST THEREOF IS $1,592,500;
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF $242,500 GRANT FUNDS AND OTHER
AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION;
AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL
BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION
The object or purpose for which the bonds are authorized is hereby authorized to (a)
acquire from the Southold Union Free School District, for use as a Town Recreation
Center and tbr other Town Purposes, the certain parcel of land, containing 4.3 acres
more or less, in the Town, known as the "Peconic School Property," located at 1170
Peconic Lane, and designated on the Suf~blk County Land and Tax Map as 1000-
075.00-01.00-013.000, including the Peconic School Building and all other buildings
and improvements thereon, at the estimated maximum cost of $1,031,400, and (b)
construct improvements to such Peconic School Building and all other buildings, at the
estimated maximum cost of $561,100; the estimated total cost thereof being $1,592,500.
The amount of obligations to be issued is $1,350,000, with the balance of
$242,500 to be paid from grant funds and other available funds.
The period of probable usefulness is thirty (30) years for the land acquisition and
twenty-five (25) years for the building improvements; however, the maximum
maturity of all bonds issued pursuant to this resolution shall be twenty-five (25)
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, at the Town
Hall, 53095 Main Street, Southold, New York.
Dated: March 15,2011
Southold, New York
CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed
extract from the minutes of a meeting of the Town Board of said Town of Southold duly
called and held on March 15, 2011, has been compared by me with the original minutes as
officially recorded in my office in the Minute Book of said Town Board and is a true,
complete and correct copy thereof and of the whole of said original minutes so far as the
same relate to the subject matters referred to in said extract.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town of Southold this 15th
day of March, 2011.
(SEAL)
TOWN OF SOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on March 15, 2011, the Town Board of the ot
Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the
bond resolution adopted by said Town Board on February 26, 2008, and previously amended
on March 9, 2010, which bond resolution, as further amended, is entitled:
"Bond Resolution of the Town of Southold, New York ("Town"),
adopted February 26, 2008, amended March 9, 2010, and further
amended on March 15, 2011 authorizing the Town to (a) acquire from
the Southold Union Free School District, for use as a Town Recreation
Center and for other Town purposes, the certain parcel of land in the
Town, containing 4.3 aces more or less, ka~own as the "Peconic School
Property," located at 1170 Peconic Lane, and designated on the
Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000,
including the Peconic School Building and alt other buildings and
improvements thereon, at the estimated maximum cost of $1,031,400,
and (b) construct improvements to such Peconic School Building and
all other buildings, at the estimated maximum cost of $561,100; stating
the estimated total cost thereof is $1,592,500; appropriating said
amount therefor, including the expenditure of $242,500 grant funds
and other available funds to pay a part of said appropriation; and
authorizing the issuance of $1,350,000 serial bonds of said Town to
finance the balance of said appropriation,"
an abstract of which bond resolution concisely stating the purpose and effect thereof, being
as follows:
FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union
Free School District, for use as a Town Recreation Center and for other Town Purposes, the
certain parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic
School Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land
and Tax Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all
other buildings and improvements thereon, at the estimated maximum cost of $1,031,400
(the "Land Acquisition"), and (b) construct improvements to such Peconic School Building
and all other buildings, at the estimated maximum cost of $561,100 (the "Building
Improvements"); STATING the estimated total cost thereof, including preliminary costs, and
costs incidental thereto and the financing thereof, is $1,592,500; APPROPRIATING said
amount therefor, including the expenditure of up to $242,500 grant funds and other available
funds to pay a part of said appropriation, the issuance of not to exceed $1,350,000 serial
bonds of the Town to finance the balance of said appropriation, and the levy and collection of
taxes on all the taxable real property in the Town to pay the principal of said bonds and the
interest thereon as the same shall become due and payable;
SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of the
Town pursuant to the Local Finance Law of the State of New York (the "Law") to finance a
part of said appropriation;
THIRD: DETERMINING the period of probable usefulness applicable to the
Land Acquisition, for which $1,031,400 serial bonds are authorized, is thirty (30) years;
however the maturity of said bonds shall not exceed twenty-five (25) years; and the period of
probable usefulness applicable to the Building Improvements, for which $541,100 serial
bonds are authorized, is twenty-five (25) years; STATING that the proceeds of said bonds
and any bond anticipation notes issued in anticipation thereof may be applied to reimburse
the Town for expenditures made after the effective date of this bond resolution for the
purposes for which said bonds are authorized; STATING that the Town Board of the Town,
acting in the role of Lead Agency pursuant to the provisions of the New York State
Environmental Quality Review Act, constituting Article 8 of the Environmental
Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA") has heretofore
determined that: (i) the Land Acquisition described herein is an Unlisted Action pursuant to
SEQRA, which will not result in any significant adverse environmental impact and
negative declaration has been adopted and filed and (ii) the Building Improvements are a
Type II Action pursuant to SEQRA and no further review is required; and the proposed
maturity of said $1,350,000 serial bonds will exceed five (5) years;
FOURTH: DETERMINING that said bonds and any bond amicipation notes
issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be
general obligations of the Town; and PLEDGiNG to their payment the faith and credit of the
Town;
FIFTH: DELEGATING to the Supervisor the powers and duties as to the
issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds,
or the renewals thereof; and
SIXTH: DETERMiNiNG that the bond resolution is subject to a permissive
referendum.
DATED: March 15,2011
Elizabeth A. Neville
Town Clerk
PLEASE PUBLISH ON March 24, 2011, AND FORWARD THREE (3) AFFIDAVITS
OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL,
P.O. BOX 1179, SOUTHOLD, NY 11971
Copies to the following:
Suffolk Times
Town Attorney
Bond Council
Town Board Members
Accounting
Town Clerk's Bulletin Board
AFFIDAVIT OF POSTING
STATE OF NEW YORK )
:SS:
COUNTY OF SUFFOLK )
ELIZABETH A. NEVILLE, being duly sworn, deposes and says:
That she is and at all times hereinafter mentioned she was the duly elected.
qualified and acting Town Clerk of the Town of Southold, State of New York;
That on March 16, 2011, she has caused to be conspicuously posted and
fastened up a Notice setting forth an abstract of the amending bond resolution duly adopted
by the Town Board on March 15, 2011, a copy of which is annexed hereto and made a part
hereof, on the sign board of the Town maintained pursuant to the Town Law.
' To~vn Clerk
Subscribed and sworn to before me
this 16th day of March, 20l 1.
Notary Public, State of New York
LYNDA M ~
NOTARY PUBLIC, State of New York
NO. 01RO6020932, Suffolk County
Term Expires March 8, 20 [;5
Southold Town Board - Letter Board Meeting of March 15,2011
RESOLUTION 2011-250
ADOPTED
Item # 5.32
DOC ID: 6735
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-250 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
1¥1~1~.~ 1~1 ~ ~t~ 1 1:
RESOLUTION OF THE TOWN OF SOUTHOLD (THE
"TOWN"), NEW YORK, ADOPTED MARCH 15,2011,
FURTHER AMEND1NG THE BOND RESOLUTION
HERETOFORE ADOPTED BY THE TOWN BOARD OF
THE TOWN ON FEBRUARY 26, 2008 AND PREVIOUSLY
AMENDED ON MARCH 9, 2010, RELAT1NG TO THE
PECONIC SCHOOL BUILDING PROJECT
Recitals
WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk,
New York, has heretofore duly authorized (a) the acquisition from the Southold Union Free
School District, for use as a Town Recreation Center and for other Town Purposes, the certain
parcel of land, containing 4.3 acres more or less~ it3 the Town, known as the "Peconic School
Property," located at 1170 Peconic Lane including the Peconic School Building and all other
buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land
Acquisition") and (b) the construction of improvements to such Peconic School Building and all
other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements");
WHEREAS, the estimated total cost of said specific objects or purposes,
including preliminary costs and costs incidental thereto and the financing thereof, as stated in
the bond resolution adopted by the Town Board on February 26, 2008, was $1,350,000;
WHEREAS, it was heretofore determined that the estimated maximum cost of the
Land Acquisition was $1,031,400, that the scope of the work to be performed in connection with
the Building Improvements had been increased to include asbestos and lead remediation,
installation of restrooms, installation of a heating, ventilation and air condition system and other
related work, and the estimated maximum cost of the Building Improvements, including
preliminary costs and costs incidental thereto and the financing thereof, was $468,600;
WHEREAS, on March 9, 2010, the Town Board determined that it was necessary
and in the public interest to amend the,bond resolution adopted on February 26, 2008 to (a)
decrease the appropriation for the Land Acquisition by $68,600 and increase the appropriation
for the Building Improvements by $68,600 and (b) appropriate an additional $150,000 to reflect
the revised costs as required pursuant to applicable ;law, and to fully fund the projects described
Generated March 16, 2011 Page 44
Southold Town Board - Letter Board Meeting of March 15, 2011
herein;
WHEREAS, the Town Board has determined that the scope of the work to be
performed in connection with the Building Improvements will need to be increased to include
additional required improvements including, but not limited to, the installation of public water, a
handicapped accessibility ramp, and paving of parking lots, and the estimated maximum cost of
the Building Improvements, including preliminary costs and costs incidental thereto and the
financing thoronf_._.~v., .~i~ ..v"""~.. determined to be $561 ,!00;
WHEREAS, the Town Board expects that the increase in the estimated maximum
cost of the Building Improvement will be paid from other available funds in connection with
such project;
WHEREAS, the Town Board has now determined that it is necessary and in the
public interest to further amend the bond resolution adopted on February 26, 2008 and
previously amended on March 9, 2010 to (a) increase the appropriation for the Building
Improvements by $92,500 and (b) appropriate an additional $92,500 to reflect the revised costs
as required pursuant to applicable law, and to fully fund the projects described herein;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of
all members of said Town Board) AS FOLLOWS:
Section (A) The Bond Resolution:'of the Town of Southold adopted by the Town
Board on February 26, 2008 and amended on March 9, 2010, entitled:
"Bond Resolution of the Town of S0uthold, New York ("Town"),
adopted February 26, 2008 and amended March 9, 2010,
authorizing the Town to (a) acquire from the Southold Union Free
School District, for use as a Town Recreation Center and for other
Town purposes, the certain parcel of land in the Town, containing
4.3 aces more or less, known as the "Peconic School Property,"
located at 1170 Peconic Lane, and designated on the Suffolk
County Land and Tax Map as 1000-075.00-01.00-013.000,
including the Peconic School Building and all other buildings and
improvements thereon, at the estimated maximum cost of
$1,031,400, and (b) construct improvements to such Peconic
School Building and all other buildings, at the estimated maximum
cost of $468,600; stating the estimated total cost thereof is
$1,500,000; appropriating said amount therefor, including the
expenditure of $150,000 grant funds and other available funds to
Generated March 16, 2011 ; Page 45
Southold Town Board - Letter Board Meeting of March 15, 2011
pay a part of said appropriation; and authorizing the issuance of
$1,350,000 serial bonds of said Town to finance the balance of
said appropriation,"
is hereby amended to read as follows:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
("TOWN"), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9,
2010 AND FURTHER AMENDED ON MARCH 15,2011,
AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE
SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A
TOWN RECREATION CENTER AND FOR OTHER TOWN
PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN,
CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE
"PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC
LANE, AND DESIGNATED oN THE SUFFOLK COUNTY LAND
AND TAX MAP AS 1000-075.00-01.00~013.000, INCLUDING THE
PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND
IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM
COST OF $1,031,400, AND (B) CONSTRUCT IMPROVEMENTS TO
SUCH PECONIC SCHOOL BUILDING AND ALL OTHER
BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $561,100;
STATING THE ESTIMATED TOTAL COST THEREOF IS $1,592,500;
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF $242,500 GRANT FUNDS AND OTHER
AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION;
AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL
BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
The Town of Southold, in the County of Suffolk, New York (herein called the
"Town"), is hereby authorized to: (a) acquire from the Southold Union Free School District, for
use as a Town Recreation Center and for other Town Purposes, the certain parcel of land,
containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located
at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-
01.00-013.000, including the Peconic School Building and all other buildings and improvements
thereon, at the estimated maximum cost of $1,031,400 (the "Land Acquisition"), and (b)
construct improvements to such Peconic School Building and all other buildings, at the estimated
maximum cost of $561,100 (the "Building Improvements"). The estimated total cost of said
specific objects or purposes, including preliminary costs and costs incidental thereto and the
financing thereof, is $1,592,500 and the said amount is hereby appropriated therefor. The plan
of financing includes the expenditure of up to $242,500 grant funds and other available funds to
Generated March 16, 2011 Page 46
Southold Town Board - Letter Board Meeting of March 15, 2011
pay a part of said appropriation, the issuance of not to exceed $1,350,000 serial bonds of the
Town to finance the balance of said appropriation, and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said bonds and the interest thereon as
the same shall become due and payable. Authorizing any funds to be received from the United
States of America, State of New York or any other sources to be expended towards the cost of
the Building Improvements or redemption of the Town's bonds or notes issued therefor, or to be
budgeted as an offset to the taxes to be collected for the payment of the principal of and interest
on said bonds or notes.
Serial bonds of the Town in the principal amount of not to exceed $1,350,000 are
hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to
finance a part of said appropriation.
The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the Land Acquisition, for
which $1,031,400 serial bonds are authorized to be issued, within the limitations of Section
11.00 a. 21(a) of the Law, is thirty (30) years; however, the maturity of said bonds shall not
exceed twenty-five (25) years.
The building or buildings to be inlproved are of Class "A" construction as defined
by Section 11.00 a. 11 (a) of the Law and the period of probable usefulness applicable to the
Building Improvements, for which $561,100 serial bonds are authorized to be issued, within the
limitations of Section 11.00 a. 12(a)(1) of the Law, is twenty-five (25) years.
(b) The proceeds of the bonds herein authorized, and any bond anticipation
notes issued in anticipation of said bonds, may be applied to reimburse the Town for
expenditures made after the effective date of this resolution for the purpose for which said bonds
are authorized. The foregoing statement of intent with respect to reimbursement is made in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant
to the provisions of the New York State Environmental Quality Review Act, constituting Article
8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA")
has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action
pursuant to SEQRA, which will not result in any significant adverse environmental impact and a
negative declaration has been adopted and filed and (ii) the Building Improvements described
herein are a Type II Action pursuant to SEQRA and no further review is required.
(d) The proposed maturity of the bonds authorized by this resolution will
exceed five (5) years.
Each of the bonds authoriZed by thi~ resolution, and any bond anticipation notes
issued in anticipation of the sale of said bonds, shall, contain the recital of validity as prescribed
by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds,
shall be general obligations of the Town, payable as to both principal and interest by general tax
Generated March 16,2011 Page 47
Southold Town Board - Letter Board Meeting of March 15,2011
upon all the taxable real property within the Town without limitation of rate or amount. The
faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds, and any notes issued in anticipation of the sale of said
bonds, and provision shall be made annually in the budget of the Town by appropriation for (a)
the amortization and redemption of the bonds and any notes in anticipation thereof to mature in
such year and (b) the payment of interest to be due and payable in such year.
Subject to the provisions of this r6solution and of the Law and pursuant to the
declining ~ual debt service, Section 30.00 relative to the authorization of the issuance of bond
~ticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and
duties of the Tom Bo~d relative to authorizing bond ~ticipation notes and prescribing the
te~s, fo~ and contents and as to the sale ~d issuance of the bonds herein authorized, and of
any bond anticipation notes issued in ~ticipation of said bonds, and the renewals of said bond
anticipation notes, are hereby delegated to the Supe~isor, the chief fiscal officer of the Tom.
The validity of the bonds authorized by this resolution, and of any notes issued in
anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b)
the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
(c)
such obligations are authorized in violation of the provisions of the
constitution.
This bond resolution is subject to a permissive referendum and the Town Clerk of
said Town of Southold is hereby authorized and directed to cause to be published, in full, within
ten (10) days after the adoption of this resolution, in "The Suffolk Times," a newspaper having
general circulation in the Town and hereby designated the official newspaper of said Town for
such publication, and posted on the sign board of the Town maintained pursuant to the Town
Law, a Notice in substantially the following form:
TOWN OF SOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on March 15,2011, the Town Board of the of
Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond
resolution adopted by said Town Board on February 26, 2008, and previously amended on
March 9, 2010, which bond resolution, as further amended, is entitled:
"Bond Resolution of the Town of Southold, New York ("Town"), adopted
February 26, 2008, amended March 9, 2010, and further amended on
March 15,2011 authorizing the Town to (a) acquire from the Southold
Generated March 16, 2011 Page 48
Southold Town Board - Letter Board Meeting of March 15, 2011
Union Free School District, for use as a Town Recreation Center and for
other Town purposes, the certain parcel of land in the Town, containing
4.3 aces more or less, known as the "Peconic School Property," located at
1170 Peconic Lane, and designated on the Suffolk County Land and Tax
Map as 1000-075.00-01.00-013.000, including the Peconic School
Building and all other buildings and improvements thereon, at the
estimated maximum cost of $1,031,400, and (b) construct improvements
to such Peconic School Building and all other buildings, at the estimated
maximum cost of $561,100; stating the estimated total cost thereof is
$1,592,500; appropriating said amount therefor, including the expenditure
of $242,500 grant funds and other available funds to pay a part of said
appropriation; and authorizing the issuance of $1,350,000 serial bonds of
said Town to finance the balance of said appropriation,"
an abstract of which bond resolution concisely stating the purpose and effect thereof, being as
follows:
FIRST: AUTHORIZING said Town to (a) acquire from the Southold Union Free
School District, for use as a Town Recreation Center and for other Town Purposes, the certain
parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School
Property," located at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax
Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other
buildings and improvements thereon, at the estimated maximum cost of $1,031,400 (the "Land
Acquisition"), and (b) construct improvements to such Peconic School Building and all other
buildings, at the estimated maximum cost of $561,100 (the "Building Improvements");
STATING the estimated total cost thereof, including preliminary costs, and costs incidental
thereto and the financing thereof, is $1,592,500; APPROPRIATING said amount therefor,
including the expenditure of up to $242,500 grant funds and other available funds to pay a part of
said appropriation, the issuance of not to exceed $1,350,000 serial bonds of the Town to finance
the balance of said appropriation, and the levy and collection of taxes on all the taxable real
property in the Town to pay the principal of said bonds and the interest thereon as the same shall
become due and payable;
SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of the Town
pursuant to the Local Finance Law of the State of New York (the "Law") to finance a part of said
appropriation;
THIRD: DETERMINING the period of probable usefulness applicable to the
Land Acquisition, for which $1,031,400 serial bonds are authorized, is thirty (30) years; however
the maturity of said bonds shall not exceed twenty-five (25) years; and the period of probable
usefulness applicable to the Building Improvements, for which $541,100 serial bonds are
authorized, is twenty-five (25) years; STATING that the proceeds of said bonds and any bond
anticipation notes issued in anticipation thereof may be applied to reimburse the Town for
expenditures made after the effective date of this bond resolution for the purposes for which said
bonds are authorized; STATING that the Town Board of the Town, acting in the role of Lead
Agency pursuant to the provisions of the New York State Environmental Quality Review Act,
constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations
Generated March 16, 2011 Page 49
Southold Town Board - Letter Board Meeting of March 15, 2011
Part 617 ("SEQRA") has heretofore determined that: (i) the Land Acquisition described herein
is an Unlisted Action pursuant to SEQRA, which will not result in any significant adverse
environmental impact and a negative declaration has been adopted and filed and (ii) the Building
Improvements are a Type II Action pursuant to SEQRA and no further review is required; and
the proposed maturity of said $1,350,000 serial bonds will exceed five (5) years;
FOURTH: DETERMINING that said bonds and any bond anticipation notes
issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be
...... 1 obligations of the Town; ,n~l Pt V~DGING ~,r~ lheir navment the faith and credit of the
Town;
FIFTH: DELEGATING to the Supervisor the powers and duties as to the
issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or
the reneWals thereof; and
SIXTH: DETERMINING that the bond resolution is subject to a permissive
referendum.
DATED: March 15,2011
Elizabeth A. Neville
Town Clerk
Section (B) The amendment of the bond resolution set forth in Section (A) of this
resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued,
or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond
resolution, as so amended.
Section (C) Said bond resolution, as amended, is subject to a permissive
referendum. In the event that a valid petition protesting against said amended bond resolution
and requesting that it be submitted to the electors of said Town for their approval or disapproval,
is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution
adopted February 26, 2008, shall not be in any way affected and shall remain in full force and
effect.
Section (D) After said bond resolution, as amended, shall take effect, the Town
Clerk is hereby authorized and directed to cause said bond resolution, as amended, to be
published, in summary, in substantially the form set forth in Exhibit A attached hereto and made
a part hereof, in "The Suffolk Times, "hereby designated the official newspaper for said
publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the
Local Finance Law of the State of New York.
Section (E) This amending resolution shall take effect immediately.
EXHIBIT A
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
Generated March 16, 2011 Page 50
Southold Town Board - Letter Board Meeting of March 15,2011 ~
("TOWN"), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9, 2010
AND FURTHER AMENDED ON MARCH 15, 201 I, AUTHORIZING THE
TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL
DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR
OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE
TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE
"PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE,
AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP
AS 1000-075.00-01.00-0!3.000, INCLUDING THE PECONIC SCHOOL
BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS
THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,031,400, AND
(B) CONSTRUCT IMPROVEMENTS TO SUCH PECONIC SCHOOL
BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED
MAXIMUM COST OF $561,100; STATING THE ESTIMATED TOTAL COST
THEREOF IS $1,592,500; APPROPRIATING SAID AMOUNT THEREFOR,
INCLUDING THE EXPENDITURE OF $242,500 GRANT FUNDS AND
OTHER AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION;
AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF
SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION
The object or purpose for which the bonds are authorized is hereby authorized to (a) acquire
from the Southold Union Free School District, for use as a Town Recreation Center and for
other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town,
known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the
Suffolk County Land and Tax Map as 1000~075.0Q~-01.00-013.000, including the Peconic
School Building and all other buildings and improvements thereon, at the estimated maximum
cost of $1,031,400, and (b) construct improvements to such Peconic School Building and all
other buildings, at the estimated maximum cost of $561,100; the estimated total cost thereof
being $1,592,500.
The amount of obligations to be issued is $1,350,000, with the balance of $242,500 to be
paid from grant funds and other available funds.
The period of probable usefulness is thirty (30) years for the land acquisition and twenty-
five (25) years for the building improvements; however, the maximum maturity of all
bonds issued pursuant to this resolution shall be twenty-five (25) 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, at the Town Hall,
53095 Main Street, Southold, New York.
Dated: March 15,2011
Southold, New York
Generated March 16, 2011 Page 51
Southold Town Board - Letter Board Meeting of March 15,2011
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANZMOUS]
MOVER: Albert Krupski .~r., Councilman
SECONDER: Christopher Talbot, Councilman
ABSENT: Vincent Orlando
Generated March 16, 2011 Page 52
DELAFIELD &WOOD LLP
(212) 820-9662
March 1, 2011
Town of Southold, New York
Further Amending Bond Resolution for Peconic School Property
(Our File Designation: 2615/31289)
Martin D. Firmegan, Esq.
Town Attorney
Town of Southold
P.O. Box 1179
Southold, New York 11971
Dear Martin:
Pursuant to your recent email correspondence, I have prepared the attached
Extract of Minutes of a Town Board meeting to be held on March 1,2011, showing adoption of
the above amending bond resolution. Section 7 of the bond resolution contains the form of
notice to be published in the official Town newspaper and posted on the sign board of the Town
maintained pursuant to the Town Law within ten (10) days after adoption of the bond resolution.
Please note that the bond resolution is to be adopted by at least a two-thirds
vote of the entire membership of the Town Board.
Also attached is the draft Affidavit of Posting to be executed by the Town Clerk.
A copy of the notice, as posted, should be attached to this Affidavit.
Please obtain and forward to me a certified copy of the Extract of Minutes, an
executed Affidavit of Posting and an original Affidavit of Publication. Upon receipt of same, we
will forward the additional documents required with respect to the final estoppel publication of
the resolution.
With best regards, I am
Very truly yours,
RPS/ml
Enclosures
cc: John A. Cushman
Robert P. Smith
EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of Southold, in the
County of Suffolk, New York
March 15, 2011
A regular meeting of the Town Board of the Town of Southold, in the County of
Suffolk, New York, was held at the Human Resource Center, 750 Pacific Street, Mattituck, New
York, on March 15,2011.
There were present: Hon. Scott A. Russell, Supervisor; and
Councilmen:
There were absent:
adoption:
Also present:
Elizabeth A. Neville, Town Clerk
Martin D. Finnegan, Town Attorney
John A. Cushman, Town Comptroller
offered the following resolution and moved its
RESOLUTION OF THE TOWN OF SOUTHOLD (THE
"TOWN"), NEW YORK, ADOPTED MARCH 15, 2011,
FURTHER AMENDING THE BOND RESOLUTION
HERETOFORE ADOPTED BY THE TOWN BOARD OF
THE TOWN ON FEBRUARY 26, 2008 AND PREVIOUSLY
AMENDED ON MARCH 9, 2010, RELATING TO THE
PECONIC SCHOOL BUILDING PROJECT
Recitals
WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk,
New York, has heretofore duly authorized (a) the acquisition from the Southold Union Free
School District, for use as a Town Recreation Center and for other Town Purposes, the certain
parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School
Property," located at 1170 Peconic Lane including the Peconic School Building and all other
buildings and improvements thereon, at the estimated maximum cost of $1,100,000 (the "Land
Acquisition") and (b) the construction of improvements to such Peconic School Building and all
other buildings, at the estimated maximum cost of $250,000 (the "Building Improvements");
WHEREAS, the estimated total cost of said specific objects or purposes,
including preliminary costs and costs incidental thereto and the financing thereof, as stated in
the bond resolution adopted by the Town Board on February 26, 2008, was $1,350,000;
WHEREAS, it was heretotbre determined that the estimated maximum cost of the
Land Acquisition was $1,031,400, that the scope of the work to be performed in connection with
the Building Improvements had been increased to include asbestos and lead remediation,
installation of restrooms, installation of a heating, ventilation and air condition system and other
related work, and the estimated maximum cost of the Building Improvements, including
preliminary costs and costs incidental thereto and the financing thereof, was $468,600;
WHEREAS, on March 9, 2010, the Town Board determined that it was necessary
and in the public interest to amend the bond resolution adopted on February 26, 2008 to (a)
decrease the appropriation for the Land Acquisition by $68,600 and increase the appropriation
for the Building Improvements by $68,600 and (b) appropriate an additional $150,000 to reflect
the revised costs as required pursuant to applicable law, and to fully fund the projects described
herein;
WHEREAS, the Town Board has determined that the scope of the work to be
performed in connection with the Building Improvements will need to be increased to include
additional required improvements including, but not limited to, the installation of public water, a
handicapped accessibility ramp, and paving of parking lots, and the estimated maximum cost of
the Building Improvements, including preliminary costs and costs incidental thereto and the
financing thereof, is now determined to be $561,100;
WHEREAS, the Town Board expects that the increase in the estimated maximum
cost of the Building Improvement will be paid from other available funds in connection with
such project;
WHEREAS, the Town Board has now determined that it is necessary and in the
public interest to further amend the bond resolution adopted on February 26, 2008 and
previously amended on March 9, 2010 to (a) increase the appropriation for the Building
Improvements by $92,500 and (b) appropriate an additional $92,500 to reflect the revised costs
as required pursuant to applicable law, and to fully fund the projects described herein;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of
all members of said Town Board) AS FOLLOWS:
Section (A) The Bond Resolution of the Town of Southold adopted by the Town
Board on February 26, 2008 and amended on March 9, 2010, entitled:
"Bond Resolution of the Town of Southold, New York ("Town"),
adopted February 26, 2008 and amended March 9, 2010,
authorizing the Town to (a) acquire from the Southold Union Free
School District, for use as a Town Recreation Center and for other
Town purposes, the certain parcel of land in the Town, containing
4.3 aces more or less, known as the "Peconic School Property,"
located at 1170 Peconic Lane, and designated on the Suffblk
County Land and Tax Map as 1000-075.00-01.00-013.000,
including the Peconic School Building and all other buildings and
improvements thereon, at the estimated maximum cost of
$1,031,400, and (b) construct improvements to such Peconic
School Building and all other buildings, at the estimated maximum
cost of $468,600; stating the estimated total cost thereof is
$1,500,000; appropriating said amount therefor, including the
expenditure of $150,000 grant funds and other available funds to
pay a part of said appropriation; and authorizing the issuance of
$1,350,000 serial bonds of said Town to finance the balance of
said appropriation,"
is hereby amended to read as follows:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
("TOWN"), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9,
2010 AND FURTHER AMENDED ON MARCH 15, 2011,
AUTHORIZING THE TOWN TO (A) ACQUIRE FROM THE
SOUTHOLD UNION FREE SCHOOL DISTRICT, FOR USE AS A
TOWN RECREATION CENTER AND FOR OTHER TOWN
PURPOSES, THE CERTAIN PARCEL OF LAND IN THE TOWN,
CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE
"PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC
LANE, AND DESIGNATED ON THE SUFFOLK COUNTY LAND
AND TAX MAP AS 1000-075.00-01.00-013.000, INCLUDING THE
PECONIC SCHOOL BUILDING AND ALL OTHER BUILDINGS AND
IMPROVEMENTS THEREON, AT THE ESTIMATED MAXIMUM
COST OF $1,031,400, AND (B) CONSTRUCT IMPROVEMENTS TO
SUCH PECONIC SCHOOL BUILDING AND ALL OTHER
BUILDINGS, AT THE ESTIMATED MAXIMUM COST OF $561,100;
STATING THE ESTIMATED TOTAL COST THEREOF IS $1,592,500;
APPROPRIATING SAID AMOUNT THEREFOR, INCLUDING THE
EXPENDITURE OF $242,500 GRANT FUNDS AND OTHER
AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION;
AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL
BONDS OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION
THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF
SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
The Town of Southold, in the County of Suffolk, New York (herein called the
"Town"), is hereby authorized to: (a) acquire from the Southold Union Free School District, for
use as a Town Recreation Center and for other Town Purposes, the certain parcel of land,
containing 4.3 acres more or less, in the Town, known as the "Peconic School Property," located
at 1170 Peconic Lane, and designated on the Suffolk County Land and Tax Map as 1000-075.00-
01.00-013.000, including the Peconic School Building and all other buildings and improvements
thereon, at the estimated maximum cost of $1,031,400 (the "Land Acquisition"), and (b)
construct improvements to such Peconic School Building and all other buildings, at the estimated
maximum cost of $561,100 (the "Building Improvements"). The estimated total cost of said
specific objects or purposes, including preliminary costs and costs incidental thereto and the
financing thereot; is $1,592,500 and the said amount is hereby appropriated therefor. The plan
of financing includes the expenditure of up to $242,500 grant funds and other available funds to
pay a part of said appropriation, the issuance of not to exceed $1,350,000 serial bonds of the
Town to finance the balance of said appropriation, and the levy and collection of taxes on all the
taxable real property in the Town to pay the principal of said bonds and the interest thereon as
the same shall become due and payable. Authorizing any funds to be received from the United
States of America, State of New York or any other sources to be expended towards the cost of
the Building Improvements or redemption of the Town's bonds or notes issued therefor, or to be
budgeted as an offset to the taxes to be collected for the payment of the principal of and interest
on said bonds or notes.
Serial bonds of the Town in the principal amount of not to exceed $1,350,000 are
hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to
finance a part of said appropriation.
The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the Land Acquisition, ibr
which $1,031,400 serial bonds are authorized to be issued, within the limitations of Section
11.00 a. 21(a) of the Law, is thirty (30) years; however, the maturity of said bonds shall not
exceed twenty-five (25) years.
The building or buildings to be improved are of Class "A" construction as defined
by Section 11.00 a. 1 l(a) of the Law and the period of probable usefulness applicable to the
Building Improvements, for which $561,100 serial bonds are authorized to be issued, within the
limitations of Section 11.00 a. 12(a)(l) of the Law, is twenty-five (25) years.
(b) The proceeds of the bonds herein authorized, and any bond anticipation
notes issued in anticipation of said bonds, may be applied to reimburse the Town for
expenditures made after the effective date of this resolution tbr the purpose for which said bonds
are authorized. The foregoing statement of intent with respect to reimbursement is made in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.
(c) The Town Board of the Town, acting in the role of Lead Agency pursuant
to the provisions of the New York State Environmental Quality Review Act, constituting Article
8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617 ("SEQRA")
has heretofore determined that: (i) the Land Acquisition described herein is an Unlisted Action
pursuant to SEQRA, which will not result in any significant adverse environmental impact and a
negative declaration has been adopted and filed and (ii) the Building Improvements described
herein are a Type II Action pursuant to SEQRA and no further review is required.
(d) The proposed maturity of the bonds authorized by this resolution will
exceed five (5) years.
Each of the bonds authorized by this resolution, and any bond anticipation notes
issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed
by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds,
shall be general obligations of the Town, payable as to both principal and interest by general tax
upon all the taxable real property within the Town without limitation of rate or amount. The
faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the
principal of and interest on said bonds, and any notes issued in anticipation of the sale of said
bonds, and provision shall be made annually in the budget of the Town by appropriation for (a)
the amortization and redemption of the bonds and any notes in anticipation thereof to mature in
such year and (b) the payment of interest to be due and payable in such year.
Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 relative to the authorization of bonds with substantially level or
declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond
anticipation notes and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and
duties of the Town Board relative to authorizing bond anticipation notes and prescribing the
terms, tbrm and contents and as to the sale and issuance of the bonds herein authorized, and of
any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond
anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
The validity of the bonds authorized by this resolution, and of any notes issued in
anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized fbr an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after
the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
This bond resolution is subject to a permissive referendum and the Town Clerk of
said Town of Southold is hereby authorized and directed to cause to be published, in full, within
ten (10) days after the adoption of this resolution, in "The Suffblk Times," a newspaper having
general circulation in the Town and hereby designated the official newspaper of said Town for
such publication, and posted on the sign board of the Town maintained pursuant to the Town
Law, a Notice in substantially the tbllowing form:
TOWN OFSOUTHOLD, NEW YORK
PLEASE TAKE NOTICE that on March 15, 201I, the Town Board of the of
To~vn of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond
resolution adopted by said Town Board on February 26, 2008, and previously amended on
March 9, 2010, which bond resolution, as further amended, is entitled:
an abstract of
follows:
"Bond Resolution of the Town of Southold, New York ("Town"), adopted
February 26, 2008, amended March 9, 2010, and further amended on
March 15, 2011 authorizing the Town to (a) acquire from the Southold
Union Free School District, for use as a Town Recreation Center and for
other Town purposes, the certain parcel of land in the Town, containing
4.3 aces more or less, known as the "Peconic School Property," located at
1170 Peconic Lane, and designated on the Suffolk County Land and Tax
Map as 1000-075.00-01.00-013.000, including the Peconic School
Building and all other buildings and improvements thereon, at the
estimated maximum cost of $1,031,400, and (b) construct improvements
to such Peconic School Building and all other buildings, at the estimated
maximum cost of $561,100; stating the estimated total cost thereof is
$1,592,500; appropriating said amount therefor, including the expenditure
of $242,500 grant funds and other available funds to pay a part of said
appropriation; and authorizing the issuance of $1,350,000 serial bonds of
said Town to finance the balance of said appropriation,"
which bond resolution concisely stating the purpose and effect thereof, being as
FIRST: AUTHORIZING said Town to (a) acquire t¥om the Southold Union Free
School District, for use as a Town Recreation Center and for other Town Purposes, the certain
parcel of land, containing 4.3 acres more or less, in the Town, known as the "Peconic School
Property," located at I 170 Peconic Lane, and designated on the Suffolk County Land and Tax
Map as 1000-075.00-01.00-013.000, including the Peconic School Building and all other
buildings and improvements thereon, at the estimated maximum cost of $1,031,400 (the "Land
Acquisition"), and (b) construct improvements to such Peconic School Building and all other
buildings, at the estimated maximum cost of $561,100 (the "Building Improvements");
STATING the estimated total cost thereof, including preliminary costs, and costs incidental
thereto and the financing thereof; is $1,592,500; APPROPRIATING said amount therefor,
including the expenditure of up to $242,500 grant funds and other available funds to pay a part of
said appropriation, the issuance of not to exceed $1,350,000 serial bonds of the Town to finance
the balance of said appropriation, and the levy and collection of taxes on all the taxable real
property in the Town to pay the principal of said bonds and the interest thereon as the same shall
become due and payable;
SECOND: AUTHORIZING the issuance of $1,350,000 serial bonds of the Town
pursuant to the Local Finance Law of the State of New York (the "Law") to finance a part of said
appropriation;
THIRD: DETERMINING the period of probable usefulness applicable to the
Land Acquisition, for which $1,031,400 serial bonds are authorized, is thirty (30) years; however
the maturity of said bonds shall not exceed twenty-five (25) years; and the period of probable
usefulness applicable to the Building Improvements, for which $541,100 serial bonds are
authorized, is twenty-five (25) years; STATING that the proceeds of said bonds and any bond
anticipation notes issued in anticipation thereof may be applied to reimburse the Town for
expenditures made after the effective date of this bond resolution for the purposes for which said
bonds are authorized; STATING that the Town Board of the Town, acting in the role of Lead
Agency pursuant to the provisions of the New York State Environmental Quality Review Act,
constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations
Part 617 ("SEQRA") has heretofore determined that: (i) the Land Acquisition described herein
is an Unlisted Action pursuant to SEQRA, which will not result in any significant adverse
environmental impact and a negative declaration has been adopted and filed and (ii) the Building
Improvements are a Type II Action pursuant to SEQRA and no further review is required; and
the proposed maturity of said $1,350,000 serial bonds will exceed five (5) years;
FOURTH: DETERMINING that said bonds and any bond anticipation notes
issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be
general obligations of the Town; and PLEDGING to their payment the faith and credit of the
Town;
FIFTH: DELEGATING to the Supervisor the powers and duties as to the
issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or
the renewals thereof; and
SIXTH: DETERMINING that the bond resolution is subject to a permissive
referendum.
DATED: March 15,2011
Elizabeth A. Neville
Town Clerk
Section (B) The amendment of the bond resolution set forth in Section (A) of this
resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond resolution, and ali such liabilities incurred, obligations issued,
or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond
resolution, as so amended.
Section (C) Said bond resolution, as amended, is subject to a permissive
referendum. In the event that a valid petition protesting against said amended bond resolution
and requesting that it be submitted to the electors of said Town for their approval or disapproval,
is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution
adopted February 26, 2008, shall not be in any way affected and shall remain in full force and
effect.
Section (D) After said bond resolution, as amended, shall take effect, the Town
Clerk is hereby authorized and directed to cause said bond resolution, as amended, to be
published, in summary, in substantially the form set forth in Exhibit A attached hereto and made
a part hereof, in "7'he Suffblk Times," hereby designated the official newspaper for said
publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the
Local Finance Law of the State of New York.
Section (E) This amending resolution shall take effect immediately.
The adoption of the foregoing resolution was seconded by
and duly put to a vote on roll call, which resulted as follows:
AYES:
NOES:
The resolution was declared adopted.
CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suflblk, State of New York, HEREBY CERTIFY that the foregoing annexed extract
from the minutes of a meeting of the Town Board of said Town of Southold duly called and held
on March 15,2011, has been compared by me with the original minutes as officially recorded in
my office in the Minute Book of said Town Board and is a true, complete and correct copy
thereof and of the whole of said original minutes so far as the same relate to the subject matters
referred to in said extract.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town of Southold this 15th day
of March, 2011.
(SEAL)
Town Clerk
AFFIDAVIT OF POSTING
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
ELIZABETH A. NEVILLE, being duly sworn, deposes and says:
That she is and at all times hereinafter mentioned she was the duly elected,
qualified and acting Town Clerk of the Town of Southold, State of New York;
That on ,2011, she has caused to be conspicuously posted
and fastened up a Notice setting forth an abstract of the amending bond resolution duly adopted
by the Town Board on March 15, 2011, a copy of which is annexed hereto and made a part
hereof, on the sign board of the Town maintained pursuant to the Town Law.
Subscribed and sworn to before me
this day of March, 2011.
Town Clerk
Notary Public, State of New York
EXH1BITA
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK
("TOWN"), ADOPTED FEBRUARY 26, 2008, AMENDED MARCH 9, 2010
AND FURTHER AMENDED ON MARCH 15, 2011, AUTHORIZING THE
TOWN TO (A) ACQUIRE FROM THE SOUTHOLD UNION FREE SCHOOL
DISTRICT, FOR USE AS A TOWN RECREATION CENTER AND FOR
OTHER TOWN PURPOSES, THE CERTAIN PARCEL OF LAND IN THE
TOWN, CONTAINING 4.3 ACES MORE OR LESS, KNOWN AS THE
"PECONIC SCHOOL PROPERTY," LOCATED AT 1170 PECONIC LANE,
AND DESIGNATED ON THE SUFFOLK COUNTY LAND AND TAX MAP
AS 1000-075.00-01.00-013.000, INCLUDFNG THE PECONIC SCHOOL
BUILDING AND ALL OTHER BUILDINGS AND IMPROVEMENTS
THEREON, AT THE ESTIMATED MAXIMUM COST OF $1,031,400, AND
(B) CONSTRUCT IMPROVEMENTS TO SUCH PECON1C SCHOOL
BUILDING AND ALL OTHER BUILDINGS, AT THE ESTIMATED
MAXIMUM COST OF $561,100; STATING THE ESTIMATED TOTAL COST
THEREOF IS $1,592,500; APPROPRIATING SAID AMOUNT THEREFOR,
INCLUDING THE EXPENDITURE OF $242,500 GRANT FUNDS AND
OTHER AVAILABLE FUNDS TO PAY A PART OF SAID APPROPRIATION;
AND AUTHORIZING THE ISSUANCE OF $1,350,000 SERIAL BONDS OF
SAID TOWN TO FINANCE THE BALANCE OF SAID APPROPRIATION
The object or purpose for which the bonds are authorized is hereby authorized to (a) acquire
from the Southold Union Free School District, tbr use as a To~vn Recreation Center and for
other Town Purposes, the certain parcel of land, containing 4.3 acres more or less, in the Town,
known as the "Peconic School Property," located at 1170 Peconic Lane, and designated on the
Suffolk County Land and Tax Map as 1000-075.00-01.00-013.000, including the Peconic
School Building and all other buildings and improvements thereon, at the estimated maximum
cost of $1,031,400, and (b) construct improvements to such Peconic School Building and ail
other buildings, at the estimated maximum cost of $561,100; the estimated total cost thereof
being $1,592,500.
The amount of obligations to be issued is $1,350,000, with the balance of $242,500 to be
paid from grant funds and other available funds.
The period of probable usefulness is thirty (30) years for the land acquisition and twenty-
five (25) years for the building improvements; however, the maximum maturity of all
bonds issued pursuant to this resolution shall be twenty-five (25) 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, at the Town Hall,
53095 Main Street, Southold, New York.
Dated: March 15,2011
Southold, New York