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Home My WebLink AboutStormwater Mitigation Improvement Form 8038-G Information Return for Tax-Exempt Governmental Bonds lo-Under Internal Revenue Code section 149(e) (Rev.September 2018) 0-See separate instructions. OMB No.1545-0720 Department of the Treasury Caution:If the issue price is under$100,000, use Form 8038-GC. Internal Revenue Service ►Go to www.irs.gov/F8038G for instructions and the latest information. KOM Reporting Authority If Amended Return, check here ► ❑ 1 Issuer's name 2 Issuer's employer identification number(EIN) Town of Southold 11-6001939 3a Name of person(other than issuer)with whom the IRS may communicate about this return(see instructions) 3b Telephone number of other person shown on 3a 4 Number and street(or P O.box if mail is not delivered to street address) Room/suite 5 Report number(For IRS Use Only) 53095 Main Road 13 6 City,town,or post office,state,and ZIP code 7 Date of issue Southold New York 11971 9/24/19 8 Name of issue 9 CUSIP number $9,279,117 Bond Anticipation Note-2019 844572 QX8 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information(see 10b Telephone number of officer or other instructions) employee shown on 10a Kristie Hansen-Hightower,CPA,Comptroller (631)765-4333 Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . 15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Other. Describe ► Various Capital Projects 18 19a If bonds are TANs or RANs, check only box 19a . . . . . . . . . . . . . . . ► ❑ I b If bonds are BANS,check only box 19b . . . . . . . . . . . . . . . . . . ► ® i 20 If bonds are in the form of a lease or installment sale, check box ► ❑ Description of Bonds. Complete for the entire issue for which this form is being filed. (a)Final maturity date (b)Issue price (c)Stated redemption (d)Weighted (e)Yield price at maturity average maturity 21 $ $ years % IM Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . 22 000 23 Issue price of entire issue(enter amount from line 21, column(b)) . . . . 23 000 24 Proceeds used for bond issuance costs(including underwriters' discount) 24 25 Proceeds used for credit enhancement . . . . . . . . . . . . 25 000 26 Proceeds allocated to reasonably required reserve or replacement fund . 26 000 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V. . . 27 00 28 Proceeds used to refund prior taxable bonds Complete Part V . . . . 28 000 29 Total(add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . 29 000 30 Nonrefunding proceeds of the issue(subtract line 29 from line 23 and enter amount here) 30 000 Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . ► years 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . ► years 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) ► 34 Enter the date(s)the refunded bonds were issued►(MM/DD/YYYY) For Paperwork Reduction Act Notice,see separate instructions. Form 8038-G(Rev.9-2018) ISA Form 8038-G(Rev 9-2018) Page 2 Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract '(GIC). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC►(MM/DD/YYYY) c Enter the name of the GIC provider► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37� 38a If this issue is a loan made from the proceeds of another tax-exempt issue,check box► ❑ and enter the following information: b Enter the date of the master pool bond►(MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond► d Enter the name of the issuer of the master pool bond Do- 39 39 If the issuer has designated the issue under section 265(b)(3)(13)()(III)(small issuer exception), check box . . . . ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . ► ❑ 41a If the issuer has identified a hedge, check here► ❑ and enter the following information: b Name of hedge provider► c Type of hedge 10- d d Term of hedge 10- 42 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this Issue are remediated according to the requirements under the Code and Regulations(see instructions),check box . . . . . . . . 111,- 44 44 If the issuer has established written procedures to monitor the requirements of section 148,check box . . . . . ► 45a If some portion of the proceeds was used to reimburse expenditures,check here► ❑ and enter the amount of reimbursement . . . . . . . . . . . . . . 10- b b Enter the date the official intent was adopted►(MM/DD/YYM Under penalties of penury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge Signature and belief,they are true,ccect,and complete.I further declare that I consent to the IRS's disclosure of the issuer's return information,as necessary to and process this return,to th erson that 1 e authorized above. Consent Q� 04 9/24/19 'Scott A.Russell, Supervisor Signature i e-es authorized representative Date Type or print name and title Paid PnntlType preparer's name Preparer's signature Date Check ❑ if PTIN Pself-employed p01085234 reparer Robert P. Smith Use Only Firm's name ►Hawkins Delafield&Wood LLP Firm's EIN 1,.13-5513990 Firm's address ►7 World Trade Center,250 Greenwich Street New York NY 10007 Phone no 212 820-9400 Form 8038-G(Rev.9-2018) ATTORNEY'S CERTIFICATE I, William Duffy, Esq., HEREBY CERTIFY that I am a licensed attorney at la of the State of New York, and am the duly chosen, qualified and acting Town Attorney for e Town of Southold, in the County of Suffolk, a municipal corporation of the State of New ork (herein referred to as the "Town"), that no litigation of any nature is now pending or threat ned restraining or enjoining the issuance or delivery of the $9,279,117 Bond Anticipation Note- 019 (the "Note") of the Town, payable to Cede & Co., as Noteowner and nominee of The Deposi ory Trust Company ("DTC") and otherwise described in Schedule A annexed hereto and hereby made a part hereof, or the levy or collection of any taxes to pay the interest on or principal of said Note, or in any manner questioning the authority or proceedings for the issuance of said Note or for the levy or collection of said taxes, or relating to said Note or affecting the validity thereof or the levy or collection of said taxes; that neither the corporate existence or boundaries of the Town nor the title of any of the present officers thereof to their respective offices is being contested; and that no authority or proceedings for the issuance of said Note has or have been repealed,revoked or rescinded. I HEREBY FURTHER CERTIFY that, other than as disclosed in the Official Statement relating to the Note, there is no controversy or litigation of any nature now pending or threatened by or against the Town wherein an adverse judgment or ruling could have a material adverse impact on the financial condition of the Town or adversely affect the power of the Town to levy, collect or enforce the collection of taxes or other revenues for the payment of the Note. IN WITNESS WHEREOF, I have hereunto set my hand as of September 24, 2019. Town Attorney 3385234.1 041419 CLD SCHEDULE A Amount and Title: $9,279,117 Bond Anticipation Note-2019 Dated: September 24, 2019 Matures: September 24, 2020 Number and Denomination: Number 3R-1, at$9,279,117 Interest Rate per annum: 2.00% 3385234.1 041419 CLD 0 No.311-1 $9,279,117 co CUSIP No.844572 QX8 UNITED STATES OF AMERICA STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD BOND ANTICIPATION NOTE-2019 PRINCIPAL SUM: NINE MILLION TWO HUNDRED SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTEEN DOLLARS($9,279,117) INTEREST RATE: Two per centum(2.00%)per annum DATE OF ISSUE: September 24,2019 MATURITY DATE: September 24,2020 The Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York,hereby acknowledges itself indebted and for value received promises to pay to CEDE& CO.,the registered owner, or registered assigns, the PRINCIPAL SUM (stated above) on the MATURITY DATE (stated above), together with interest thereon from the DATE OF ISSUE (stated above) at the INTEREST RATE(stated above), payable at maturity.Both principal of and interest on this Note will be paid in lawful money of the United States of America,at Office of the Town Clerk,Town of Southold,Town Hall,53095 Route 25,Southold,New York. Unless this certificate is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede& Co., ANY TRANSFER,PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof,Cede&Co.,has an interest herein. This Note is the only note of an authorized combined new and renewal issue, the aggregate principal amount of which is$9,279,117. This Note is issued pursuant to the provisions of the Local Finance Law,constituting Chapter 33- a of the Consolidated Laws of the State of New York,various bond resolutions adopted by the Town Board on their respective dates, authorizing the issuance of bonds for various projects in and for the Town, and the Certificate of Determination executed by the Supervisor as of September 24,2019, The Town has designated this Note as a qualified tax-exempt obligation pursuant to the provisions of Section 265 of the Internal Revenue Code of 1986,as amended. The faith and credit of such Town are hereby irrevocably pledged for the punctual payment of the principal of and interest on this Note according to its terms. It is hereby certified and recited that all conditions, acts and things required by the Constitution and statutes of the State of New York to exist to have happened and to have been performed precedent to and in the issuance of this Note, exist, have happened and have been performed, and that this Note, together with all other indebtedness of such Town, is within every debt and other limit prescribed by the Constitution and laws of such State. IN WITNESS WHEREOF, the Town of Southold has caused this Note to be signed by its Supervisor,and its corporate seal or a facsimile thereof)to be affixed, imprinted, engraved or otherwise reproduced hereon and attested by its Town Clerk and this Note to be dated as of the DATE OF ISSUE. WN OF SOUTHOLD (SEAL) C B Supervisor 5r 0 own Clerk P 91 DELARELD&WOOD LLP PHONE(212)820-9300 7 WORLD TRADE CENTER NEW YORK FAX (212) 514-8425 250 GREENWICH STREET WASHINGTON NEW YORK, NY 10007-2442 NEWARK WWW.HAWKINS.COM HARTFORD LOS ANGELES (212) 820-9662 September 12, 2019 SANKAMENTO FRANCISCO PORTLAND ANN ARBOR Town of Southold,New York $9,279,117 Bond Anticipation Note-2019 (Our File Designation: 2615/41419) Kristie Hansen-Hightower, CPA Comptroller Town of Southold 54375 Main Road Southold,New York 11971 Dear Kristie: In connection with the delivery of the $9,279,117 Bond Anticipation Note-2019 of the Town of Southold, New York, and based upon information supplied to us by Munistat Services, Inc., we have prepared and enclose herewith for completion and execution: 1. Certificate of Determination, to be executed by Scott A. Russell, as the Supervisor. The Clerk's Certificate attached thereto is to be signed and sealed by Elizabeth A. Neville, as the Town Clerk. A copy of this Certificate must be filed in the Office of the Town Clerk on or before September 24, 2019. 2. Certificates as to Signatures, Litigation and Delivery and Payment, to be signed and sealed where indicated by the Supervisor, the Town Clerk and William Duffy, Esq., as the Town Attorney. 3. Undertaking to Provide Notices of Events,to be executed by the Supervisor. 4. Signature page only to the Tax Certificate to be executed by the Supervisor. The final Tax Certificate will be sent to you for your review upon its completion. 5. Certificate With Respect to the Official Statement, to be sealed and signed by the Supervisor. 6. Information Return (Form 8038-G), to be executed by the Supervisor. Please be sure to verify the Town's federal employer identification number entered in item#2 on the return. We will complete this return and attend to its filing. 7. One (1) printed border book-entry note in the principal amount of $9,279,117 ready for execution by the Supervisor and Town Clerk, and sealing. 7 PLEASE RETURN ALL COPIES OF THE FOREGOING ITEMS (except the one copy of item 1 that should be retained by the Town Clerk) TO ME AS SOON AS POSSIBLE BUT NO LATER THAN MONDAY, SEPTEMBER 22, 2019. WE MUST DELIVER THE NOTE TO THE DEPOSITORY TRUST COMPANY (in Jersey City, New Jersey) BY TUESDAY, SEPTEMBER 23,2019. Unless other arrangements are made, we expect the closing to take place at approximately 11:00 o'clock(a.m.) at our offices at 7 World Trade Center, 250 Greenwich Street (41St Floor) in New York on September 24, 2019. If you have any questions or concerns regarding the enclosed items or any instructions or arrangements,please do not hesitate to contact us. With all best wishes, I am Very truly yours, Robert P. Smith V RPS/ml Enclosures f 3385234.1 041419 CLD CERTIFICATES AS TO SIGNATURES,LITIGATION AND DELIVERY AND PAYMENT WE, the undersigned officers of the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York (herein referred to as the "Town"), HEREBY CERTIFY that on or before September 24, 2019, we officially signed and properly executed by manual signatures the $9,279,117 Bond Anticipation Note-2019 (the "Note") of the Town, payable to Cede & Co., as Noteowner and nominee of The Depository Trust Company ("DTC") and otherwise described in Schedule A annexed hereto and by this reference made a part hereof, and that at the time of such signing and execution and on the date hereof we were and are the duly chosen, qualified and acting officers of the Town authorized to execute said Note and holding the respective offices indicated by the titles set opposite our signatures hereto for terms expiring on the respective dates set opposite such titles. WE FURTHER CERTIFY that no litigation of any nature is now pending or threatened restraining or enjoining the issuance or delivery of said Note or the levy or collection of any taxes to pay the interest on or principal of said Note, or in any manner questioning the authority or proceedings for the issuance of said Note or for the levy or collection of said taxes, or relating to said Note or affecting the validity thereof or the levy or collection of said taxes, that neither the corporate existence or boundaries of the Town nor the title of any of the present officers thereof to their respective offices is being contested, and that no authority or proceedings for the issuance of said Note has or have been repealed, revoked or rescinded. WE FURTHER CERTIFY that the seal which is impressed upon this certificate (or a facsimile thereof) has been affixed, impressed, imprinted or otherwise reproduced upon said Note and is the legally adopted,proper and only official corporate seal of the Town. And I, Scott A. Russell, Supervisor, HEREBY FURTHER CERTIFY that on September 24, 2019, I delivered or caused the delivery of said Note to The Depository Trust Company to be held in trust to maturity for TD Securities (USA) LLC, New York, New York, the purchaser thereof, and that at the time of such delivery of said Note, I received from said purchaser the amount hereinbelow stated, in full payment for such Note, computed as follows: Price.................................................................................$9,340,915.92 Interest on said Note accrued to the date of such delivery................................................... 0.00 Amount Received.............................................................$9,340,915.92 3385234.1 041419 CLD IN WITNESS WHEREOF, we have hereunto set our hands and said corporate seal has hereunto been affixed as of September 24,2019. Term of Office i nature Expires Title December 31, 2019 Supervisor December 31, 2021 Town Clerk (SEAL) 3385234.1 041419 CLD SCHEDULE A Amount and Title: $9,279,117 Bond Anticipation Note-2019 Dated: September 24, 2019 Matures: September 24, 2020 Number and Denomination: Number 3R-1, at$9,279,117 Interest Rate per annum: 2.00% 3385234.1 041419 CLD t CERTIFICATE OF DETERMINATION OF THE SUPERVISOR RELATIVE TO THE AUTHORIZATION, SALE, ISSUANCE, FORM, AND CONTENTS OF THE $9,279,117 BOND ANTICIPATION NOTE-2019 OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK I, Scott A. Russell, Supervisor of the Town of Southold, Suffolk County, New York (herein called the "Town"), HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the chief fiscal officer of the Town, by the Town Board of the Town, pursuant to the bond resolutions duly adopted and referred to in paragraph 1 hereof, and subject to the limitations prescribed in said bond resolutions, I have made the following determinations: 1. Bond anticipation notes of the Town shall be issued in the respective principal amounts as set forth in column G of Schedule 1, attached hereto and hereby made a part hereof, to finance each of the respective purposes set forth in column B of said Schedule I or to renew, in full or in part, the bond anticipation notes currently outstanding in the respective principal amounts as set forth in column D of said Schedule I, which have been heretofore issued to finance each of the respective purposes set forth in column B of said Schedule I; all of said purposes set forth in column B of said Schedule I having been authorized pursuant to the bond resolutions duly adopted by the Town Board of the Town on their respective dates as set forth in column A of said Schedule I. Principal payments with respect to the bond anticipation notes currently outstanding shall be made, as and where required, in the amounts as set forth in column E of said Schedule I. 2. The terms, form and details of said Note shall be as follows: Amount and Title: $9,279,117 Bond Anticipation Note-2019 Dated: September 24, 2019 Matures: September 24,2020 Number and Denomination No. 3R-1, at$9,279,117 Interest Rate per annum 2.00% The place of payment of principal and interest shall be the office of the Town Clerk, Town Hall, Southold, New York, and the form of note shall be substantially in accordance with the form prescribed by Schedule B,2 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, provided that the Note when issued will be (i)registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ("DTC") and (ii) deposited with DTC to be held in trust until maturity. Purchases of ownership interests in the Note will be in book-entry form in denominations of 3385234.1 041419 CLD $5,000, or any integral multiple thereof, except for one necessary odd denomination. Beneficial owners of the Note will not receive certificates representing their interest in the Note. Unless the Town determines otherwise, transfers or exchanges of ownership interests in the Note may be accomplished via book-entry transactions only, as recorded through the book-entry system established and maintained by DTC or a successor depository. 3. The bonds authorized pursuant to the bond resolutions referred to in lines 5, 6, 13, 15 and 16 of Schedule I are for improvements that are assessable. The serial bonds authorized pursuant to the bond resolutions referred to in the other paragraphs of Schedule I, are for improvements which are non-assessable. 4. Pursuant to said powers and duties delegated to me, I DO HEREBY AWARD AND SELL said Note to TD Securities (USA) LLC, New York, New York, for the purchase price of$9,340,915.92, plus accrued interest, if any, from the date of said Note to the date of delivery thereof; and I HEREBY FURTHER DETERMINE that said Note shall bear interest at the rate of two per centum (2.00%)per annum,payable at maturity. 5. Said Note shall be executed in the name of the Town by its Supervisor and the corporate seal of the Town shall be impressed or imprinted thereon and attested by its Town Clerk. I HEREBY FURTHER DETERMINE that at the time of the delivery of the Note, and as a condition to such delivery, I shall deliver or cause to be delivered to the financial institution referred to in paragraph 4 hereof a copy of the Town's Undertaking to Provide Notices of Events, executed by the undersigned as chief fiscal officer of the Town, setting forth the Town's written agreement for the benefit of holders of or owners of beneficial interests in the Note, all in conformity with applicable provisions of Rule 15c2-12 of the Securities and Exchange Commission. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Note hereinabove referred to are in full force and effect and have not been modified, amended or revoked. _ IN WITNESS WHEREOF, I have hereunto set my hand as of the 24th day of September, 2019. Supervisor 3385234 1 041419 CLD Schedule I A B C D E F G Date Authorized Amount Amount to New Amount to Authorized Project Description Amount Oustanding be paid Money be Issued 1 08/16/11 Stormwater Mitigation Improvements $ 500,000 $ 250,000 $ (10,000) $ - $ 240,000 2 01/31/17 Upgrade Town Hall Telephone System 32,900 26,000 (7,000) - 19,000 3 01/31/17 Firewall 127,100 114,000 (30,000) - 84,000 4 05/09/17 Shade Shelter/Solar Array at Animal Shelter 630,000 370,000 (95,000) - 275,000 5 06/12/17 Ferry Pilings 600,000 380,000 (20,000) - 360,000 6 10/10/17 Munnatawket Engine 300,000 300,000 (15,000) - 285,000 7 05/09/17 Salt Barn on FI 200,000 200,000 (40,000) - 160,000 8 03/14/18 1080 Carroll Ave Acquisition 750,000 750,000 (40,000) - 710,000 9 03/14/18 Town Hall Annex-Acquisition 3,200,000 3,200,000 (110,000) - 3,090,000 10 03/14/18 Town Hall Annex-Improvements 2,800,000 600,000 (50,000) - 550,000 11 03/27/18 Sidewalks and Drainage 500,000 500,000 (50,000) - 450,000 12 06/05/18 Salt Barn on FI 80,000 80,000 (15,000) - 65,000 13 07/17/18 Increase/Improvement of SWMD (Payloader) 500,000 500,000 (121,883) - 378,117 14 08/28/18 Sidewalk Improvements- FI 620,000 620,000 (55,000) - 565,000 15 09/25/18 Munnatawket Engine 150,000 150,000 - - 150,000 16 09/25/18 Dredge Silver Eel Channel 140,000 140,000 - - 140,000 17 12/18/18 Computer Equipment 97,500 - - 48,000 48,000 18 12/18/18 Town Hall HVAC 250,000 - - 200,000 200,000 19 03/26/19 Passenger Ferry Purchase 460,000 - - 460,000 460,000 20 06/04/19 Street Lighting Replacement 250,000 - - 250,000 250,000 21 07/02/19 Increase/Improvement of SWMD (Grinder) 850,000 - - 800,000 800,000 Totals: $13,037,500 $8,1800-00 658 883 1 758 000 9 279 117 3385234.1 041419 CLD CLERK'S CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Supervisor and the same is a true and complete copy of the Certificate filed with said Town in my office as Town Clerk on or before September 24;22-919; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Supervisor by the bond resolutions cited in said Certificate has been adopted by said Town Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town as of September 24, 2019. R (SEAL) • Town Clerk 3385234.1 041419 CLD CERTIFICATE WITH RESPECT TO THE OFFICIAL STATEMENT OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, DATED SEPTEMBER 12, 2019 DISTRIBUTED IN CONNECTION WITH THE SALE OF THE $9,279,117 BOND ANTICIPATION NOTE-2019 I, Scott A. Russell, Supervisor of the Town of Southold (the "Town"), in the County of Suffolk, New York, HEREBY CERTIFY that on September 12, 2019, the date of the Official Statement of the Town prepared in connection with the sale of the $9,279,117 Bond Anticipation Note-2019 (the "Note"), of the Town, and at all times subsequent thereto up to and including September 24, 2019, the date of delivery of the Note, the attached Official Statement of the Town did not and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. In addition, I FURTHER CERTIFY that there has been no adverse material change in the financial condition of the Town since September 12, 2019. Insofar as any statements made in said Official Statement involve matters of opinion, estimates or statements as to matters not contained in or derived from the official records of the Town, whether or not expressly stated, they are set forth as such and not as representations of fact by the Town, and no representation is made that any of the estimates or anticipated events will be realized. The Official Statement is not to be construed as a contract or agreement with the beneficial owners of the Note. IN WITNESS WHEREOF, I have hereunto set my signature and affixed the corporate seal of the Town as of September 24, 2019. (SEAL) - Supervisor 3385234.1 041419 CLD IN WITNESS WHEREOF, I have hereunto set my hand on the 24th day of September, 2019. Name: Scott A. Russell Title: Supervisor UNDERTAKING TO PROVIDE NOTICES OF EVENTS Section 1. Definitions ' "EMMA" shall mean the Electronic Municipal Market Access System implemented by the MSRB. "Financial Obligation" shall mean "financial obligation" as such term is defined in the Rule. "GAAP" shall mean generally accepted accounting principles as in effect from time to time in the United States. "Holder" shall mean any registered owner of the Securities and any beneficial owner of Securities within the meaning of Rule 13d-3 under the Securities Exchange Act of 1934. "Issuer" shall mean the Town of Southold, in the County of Suffolk, a municipal corporation of the State of New York. "MSRB" shall mean the Municipal Securities Rulemaking Board established in accordance with the provisions of Section 1513(b)(1) of the Securities Exchange Act of 1934. "Purchaser" shall mean the financial institution referred to in the Certificate of Determination, executed by the Town Supervisor as of September 24, 2019. "Rule 15c2-12" shall mean Rule 15c2-12 under the Securities Exchange Act of 1934, as amended through the date of this Undertaking, including any official interpretations thereof. "Securities" shall mean the Issuer's $9,279,117 Bond Anticipation Note-2019, dated September 24, 2019, maturing September 24, 2020, and delivered on the date hereof. Section 2. Obligation to Provide Notices of Events. (a) The Issuer hereby undertakes, for the benefit of Holders of the Securities, to provide or cause to be provided either directly or through Munistat Services, Inc., 12 Roosevelt Avenue, Port Jefferson Station, New York 11776 to the Electronic Municipal Market Access ("EMMA") System implemented by the Municipal Securities Rulemaking Board established pursuant to Section 1513(b)(1) of the Securities Exchange Act of 1934, or any successor thereto or to the functions of such Board contemplated by the Undertaking, in a timely manner, not in excess of ten (10) business days after the occurrence of any such event, notice of any of the following events with respect to the Securities: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; 3385234.1 041419 CLD C (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers;-or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices of determinations with respect to the tax status of the Securities, or other material events affecting the tax status of the Securities; (7) modifications to rights of Securities holders, if material; (8) Bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Securities, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the Issuer; Note to clause (12): For the purposes of the event identified in clause (12) above, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or government authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Issuer; (13) the consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 3385234.1 041419 CLD b (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the Issuer, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the Issuer, any of which reflect financial difficulties. (b) Nothing herein shall be deemed to prevent the Issuer from disseminating any other information in addition to that required hereby in the manner set forth herein or in any other manner. If the Issuer disseminates any such additional information, the Issuer shall have no obligation to update such information or include it in any future materials disseminated hereunder. (c) Nothing herein shall be deemed to prevent the Issuer from providing notice of the occurrence of certain other events, in addition to those listed above, if the Issuer determines that any such other event is material with respect to the Securities; but the Issuer does not undertake to commit to provide any such notice of the occurrence of any event except those events listed above. Section 3. Remedies. If the Issuer shall fail to comply with any provision of this Undertaking, then any Holder of Securities may enforce, for the equal benefit and protection of all Holders similarly situated, by mandamus or other suit or proceeding at law or in equity, this Undertaking against the Issuer and any of the officers, agents and employees of the Issuer, and may compel the Issuer or any such officers, agents or employees to perform and carry out their duties under this Undertaking; provided that the sole and exclusive remedy for breach of this Undertaking shall be an action to compel specific performance of the obligations of the Issuer hereunder and no person or entity shall be entitled to recover monetary damages hereunder under any circumstances. Failure to comply with any provision of this Undertaking shall not constitute an event of default on the Securities. Section 4. Parties in Interest. This Undertaking is executed to assist the Purchaser to comply with (b)(5) of the Rule and is delivered for the benefit of the Holders. No other person shall have any right to enforce the provisions hereof or any other rights hereunder. Section 5. Amendments. Without the consent of any holders of Securities, the Issuer at any time and from time to time may enter into any amendments or changes to this Undertaking for any of the following purposes: (a) to comply with or conform to any changes in Rule 15c2-12 (whether required or optional); 3385234.1 041419 CLD L (b) to add a dissemination agent for the information required to be provided hereby and to make any necessary or desirable provisions with respect thereto; (c) to evidence the succession of another person to the Issuer and the assumption of any such successor of the duties of the Issuer hereunder; (d) to add to the duties of the Issuer for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; (e) to cure any ambiguity, to correct or supplement any provision hereof which may be inconsistent with any other provision hereof, or to make any other provisions with respect to matters or questions arising under this Undertaking which, in each case, comply with Rule 15c2-12 or Rule 15c2- 12 as in effect at the time of such amendment or change; provide d that no such action pursuant to this Section 5 shall adversely affect the interests of the Holders in any material respect. In making such determination, the Issuer shall rely upon an opinion of nationally recognized bond counsel. Section 6. Termination. This Undertaking shall remain in full force and effect until such time as all principal, redemption premiums, if any, and interest on the Securities shall have been paid in full or the Securities shall have otherwise been paid or legally defeased in accordance with their terms. Upon any such legal defeasance, the Issuer shall provide notice of such defeasance to the EMMA System. Such notice shall state whether the Securities have been defeased to maturity or to redemption and the timing of such maturity or redemption. Section 7. Undertaking to Constitute Written Agreement or Contract. This Undertaking shall constitute the written agreement or contract for the benefit of Holders of Securities, as contemplated under Rule 15c2-12. Section 8. Governing Law. This Undertaking shall be governed by the laws of the State of New York determined without regard to principles of conflict of law. IN WITNESS WHEREOF, the undersigned has duly authorized, executed and delivered this Undertaking as of September 24,2019. TOWN OF SOUTHOLD By e Supervisor and Chief Fisca icer 3385234.1 041419 CLD E CERTIFICATE OF DETERMINATION OF THE SUPERVISOR RELATIVE TO THE AUTHORIZATION,., SALE, ISSUANCE, FORM AND CONTENTS OF THE $8,180,000 BOND ANTICIPATION NOTE-2018 OF THE TOWN OF SOUTHOLD,SUFFOLK COUNTY,NEW YORK I, Scott A. Russell, Supervisor of the Town of Southold, Suffolk County, New York (herein called the "Town"), HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the chief fiscal officer of the Town, by the Town Board of the Town, pursuant to the bond resolutions duly adopted and referred to in paragraph 1 hereof, and subject to the limitations prescribed in said bond resolutions, I have made the following determinations: 1. Bond anticipation notes of the Town shall be issued in the respective principal amounts dg-seet forth in column F of Schedule I, attached hereto and hereby made a part hereof, to renew, in full or in part, the bond anticipation notes currently outstanding in the principal amounts as set forth in column C of said Schedule I, which have been heretofore issued to finance the respective objects or purposes set forth in column B of said Schedule I; all of said objects or purposes set forth in column B of said Schedule I having been authorized pursuant to the bond resolutions duly adopted by the Town Board of the Town on their respective dates forth in column A of said Schedule 1. Principal payments with respect to the bond anticipation notes currently outstanding shall be made, as and where required, in the amounts as set forth in column E of said Schedule 1. 2. The terms, form and details of said Note shall be as follows: Amount and Title: $8,180,000 Bond Anticipation Note-2018 Dated: December 6, 2018 Matures: September 25, 2019 Number and Denomination No. 2R-1, at$8,180,000 J Interest Rate t per annum 3.00% Th,pi�-;`e.)of payment of principal and interest shall be the office of the Town Clerk, Town Hall, 'Iho',A---New York, and the form of note shall be substantially in accordance with the form )res;ril 'ed by Schedule B;2 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State-of New York, provided that the Note when issued will be (i)registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ("DTC") and (ii) deposited with DTC to be held in trust until maturity. Purchases of ownership interests in the Note will be in book-entry form in denominations of $5,000, or any integral multiple'thereof. Beneficial owners of the.Note will not receive 3172225.1 041419 CLD certificates representing their interest in the Note. Unless the Town determines otherwise, transfers or exchanges of ownership interests in the Note may be accomplished via book-entry transactions only, as recorded through the book-entry system established and maintained by DTC or a successor depository. 3. The bonds authorized improvements that are assessable for projects marked by an asterisk(*) in Schedule I. 4. Pursuant to said powers and duties delegated to me, I DO HEREBY AWARD AND SELL said Note to TD Securities (USA) LLC, New York, New York, for the purchase price of$8,232,679.20, plus accrued interest, if any, from the date of said Note to the date of delivery thereof; and I HEREBY FURTHER DETERMINE that said Note shall bear interest at the rate of three per centum (3.00%)per annum,payable at maturity. 5. Said Note shall be executed in the name of the Town by its Supervisor and the corporate seal of the Town shall be impressed or imprinted thereon and attested by its Town Clerk. I HEREBY FURTHER DETERMINE that at the time of the delivery of the Note, and as a condition to such delivery, I shall deliver or cause to be delivered to the financial institution referred to in paragraph 4 hereof a copy of the Town's Undertaking to Provide Notices of Events, executed by the undersigned as chief fiscal officer of the Town, setting forth the Town's written agreement for the benefit of holders of or owners of beneficial interests in the Note, all in conformity with applicable provisions of Rule 15c2-12 of the Securities and Exchange Commission. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Note hereinabove referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 6th day of December, 2018. Supervisor Schedule I 3172225.1 041419 CLD i i A B C D E F Amount Additional Date Amount to be Amount to Amount to Authorized Project Description Oustanding pgiLbelssued be Issued 08/16/2011 Stormwater Mitigation Improvements $ 250,000 $ 250,000 01/31/2017 Upgrade Town Hall Telephone System 26,000 26,000 01/31/2017 Firewall 114,000 114,000 050/9/2017 Shade Shelter/Solar Array at Animal Shelter 370,000 370,000 06/12/2017 Ferry Pilings* 380,000 380,000 10/10/2017 Munnatawket Engine* 300,000 300,000 05/09/2017 Salt Barn on FI $200,000 200,000 03/14/2018 1080 Carroll Ave Acquisition 750,000 750,000 03/14/2018 Town Hall Annex-Acquisition 3,200,000 3,200,000 03/14/2018 Town Hall Annex-Improvements 600,000 600,000 03/27/2018 Sidewalks and Drainage 500,000 500,000 06/05/2018 Salt Barn on FI 80,000 80,000 07/17/2018 Increase of SWMD (Payloader)* 500,000 500,000 08/28/2018 Sidewalk Improvements-FI 620,000 620,000 09/25/2018 Munnatawket Engine* 150,000 150,000 09/25/2018 Dredge Silver Eel Channel* 140,000 140,000 $1,440,000 $ $ 6,740,000 $8,1802000 * -assessable improvements 3172225.1 041419 CLD CLERK'S CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Supervisor and the same is a true and complete copy of the Certificate filed with said Town in my office as Town Clerk on or before December 6, 2018; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Supervisor by the bond resolutions cited in said Certificate has been adopted by said Town Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town as of December 6, 2018. (SEAL) Town Clerk 3172225.1 041419 CLD y � � t -CERTIFICATE OF DETERNIINATION OF THE SUPERVISOR RELATIVE TO- THE AUTHORIZATION, SALE, ISSUANCE, FORM AND CONTENTS OF THE $1,440,000 BOND ANTICIPATION NOTE-2017 OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK I, Scott A. Russell, Supervisor of the Town of Southold, Suffolk County, New York (herein called the "Town7% HEREBY CERTIFY that pursuant to the powers and duties delegated to me, the chief fiscal officer of the Town, by the Town Board of the Town, pursuant to the bond resolutions duly adopted and referred to in paragraph 1 hereof, and subject to the limitations prescribed in said bond resolutions, I have made the following determinations: 1. (a) A bond anticipation note of the Town in the principal amount of $500,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation-improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said town to finance said appropriation." duly adopted by the Town Board on the date therein referred to. (b) A bond anticipation note of the Town in the principal amount of $26,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted January 31,-2017, authorizing various capital projects in and for the Town, stating the estimated maximum cost thereof is $160,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of$160,000 to finance said appropriation." duly adopted by the Town Board on the date therein referred to. (c) A bond anticipation note of the Town in the principal amount of $114,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted January 31, 2017, authorizing various capital projects in and for the Town, stating the estimated maximum cost thereof is $160,000, appropriating said amount for such 2956571.1 041419 CLD purpose, and authorizing the issuance of bonds in the principal amount of$160,000 to finance said appropriation." duly adopted by the Town Board on the date therein referred to. (d) A bond anticipation note of the Town in the principal amount of $370,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted May 9, 2017, authorizing the construction of a shade shelter and installation of a solar array at the animal shelter, stating the estimated maximum cost thereof is $630,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of not to exceed $630,000 to finance said appropriation." duly adopted by the Town Board on the date therein referred to. (e) A bond anticipation note of the Town in the principal amount of $380,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted June 12, 2017, appropriating $600,000 for the increase and improvement of facilities of the Fishers Island Ferry District, and authorizing the issuance of bonds in the principal amount of$600,000 to finance said appropriation." duly adopted by the Town Board on the date therein referred to. (f) A bond anticipation note of the Town in the principal amount of $300,000 shall be issued in anticipation of the sale of serial bonds authorized pursuant to the bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted October 10, 2017, appropriating $300,000 for the increase and improvement of facilities of the Fishers Island Ferry District, and authorizing the issuance of bonds in the principal amount of$300,000 to finance said appropriation." duly adopted by the Town Board on the date therein referred to. (g) Said $500,000 note, said $26,000 note,, said $114,000 note, said $370,000 note, said $380,000 note, and said 300,000 note shall be combined for the purpose of sale into a single note issue in the aggregate principal amount of$1,440,000 (hereinafter referred to as the "Note"). 2956571 1041419 CLD 4 2. The terms, form and details of said Note shall be as follows: Amount and Title: $1,440,000 Bond Anticipation Note-2017 Water Improvements-2017 Dated: December 12, 2017 Matures: December 12, 2018 Number and Denomination No. R-1, at$1,440,000 Interest Rate per annum 2.25% The place of payment of principal and interest shall be the office of the Town Clerk, Town Hall, Southold, New York, and the form of note shall be substantially in accordance with the form prescribed by Schedule B,2 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, provided that the Note when issued will be (i)registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ("DTC") and (ii) deposited with DTC to be held in trust until maturity. Purchases of ownership interests in the Note will be in book-entry form in denominations of $5,000, or any integral multiple thereof. Beneficial owners of the Note will not receive certificates representing their interest in the Note. Unless the Town determines otherwise, transfers or exchanges of ownership interests in the Note may be accomplished via book-entry transactions only, as recorded through the book-entry system established and maintained by DTC or a successor depository. 3. The bonds authorized pursuant to the bond resolutions referred to in paragraphs 1(a) through 1(d) are for improvements that are non-assessable. The bonds authorized pursuant to the bond resolutions referred to in paragraphs 1(e) and 1(f) are for improvements which are assessable. 4. Pursuant to said powers and duties delegated to me, I DO HEREBY AWARD AND SELL said Note to Jefferies LLC,New York,New York, for the purchase price of$1,449,534.00, plus accrued interest, if any, from the date of said Note to the date of delivery thereof; and I HEREBY FURTHER DETERMINE that said Note shall bear interest at the rate of two and twenty-five hundredths per centum(2.25%)per annum,payable at maturity. 5. Said Note shall be executed in the name of the Town by its Supervisor and the corporate seal of the Town shall be impressed or imprinted thereon and attested by its Town Clerk. I HEREBY FURTHER DETERMINE that at the time of the delivery of the Note, and as a condition to such delivery, I shall deliver or cause to be delivered to the financial 2956571.1 041419 CLD institution referred to in paragraph 4 hereof a copy of the Town's Undertaking to Provide Notices of Events, executed by the undersigned as chief fiscal officer of the Town, setting forth the Town's written agreement for the benefit of holders of or owners of beneficial interests in the Note, all in conformity with applicable provisions of Rule 15c2-12 of the Securities and Exchange Commission. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Note hereinabove referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 12th day of December, 2017. .01 �a Supervisor 2956571.1 041419 CLD CLERK'S CERTIFICATE I, Elizabeth A. Neville, Town Clerk of the Town of Southold, in the County of Suffolk, New York, HEREBY CERTIFY that I have compared the foregoing copy of the Certificate of Determination executed by the Supervisor and the same is a true and complete copy of the Certificate filed with:,sdid Town in my office as Town Clerk on or before December 12,2017; and I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties mentioned in said Certificate and delegated to the Supervisor by the bond resolutions cited in said Certificate has been adopted by said Town Board. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town as of December 12, 2017. (SEAL) -P-L�-- ,o na..� Town Clerk 2956571.1041419 CLD ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF 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 Town of Southold, New York $500,000 Serial Bonds for Stormwater Mitigation (Our File Designation: 2615/35482) October 17, 2011 Mr. Robert P Smith Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed please find the Affidavit of Publication for the above referenced bond. Please let me know if you require any more documentation for your records. Very truly yours, Lynda M Rudder Deputy Town Clerk encs cc: Town Attorney bond file #10395 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 22nd day of September, 2011. Sworn to before me this PUBLIC NOTICE The resolution, a summary of which is pubfished herewith, has been adopted on the loth day of August, 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 reso- lution may be hereafter contested only if such obligalions were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York,is nol authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an ac- fion, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or ouch obligations were autho- rized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2(111, AU- THORIZING THE CONSTRUCTION OF STORMWATER MITIGATION iMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRI- ATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERI- AL BONDS OF SAID TOWN TO FI- NANCE SAID APPROPRIATION The object or purpose for which the bond are authorized is the construc- tion of stormwater mitigation improve- ments, at the estimated maximum cost of $5(~1.000. The amount of obligations to be is- sued is $500,1g)0. Ti~e period of probable usefulness is forty (40) years. A complete copy of the bond resolu- tion summarized above shall be avail- able for public inspection during normal business hours at thc office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK Principal Clerk day of "---~RRISIINA VOLINSKI NOTARY PUBLlC*sTATE OF NEW YORK No. 01.V06105050 Quotlfled in SuffoLk County ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town of Southold, New York $500,000 Serial Bonds for Stormwater Mitigation (Our File Designation: 2615/35482) September 20, 2011 Mr. Robert P Smith Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed please find the following documentation for the above referenced bond: The Notice that has been posted on the Town Clerk bulletin board and will appear in the September 22, 2011 edition of the Suffolk Times, and Certificate of No Referendum I will forward the affidavit of publication as soon as it is received. Very truly yours, ~Lynda M Rudder Deputy Town Clerk enos cc: Town Attorney bond file PUBLIC NOTICE The resolution, a summary of which is published herewith, has been adopted on the 16th day of August, 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 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 NEW YORK, AUTHORIZING STORMWATER STATING THE THEREOF IS BOND RESOLUTION OF THE TOWN OF SOUTHOLD, ADOPTED AUGUST 16, 2011, THE CONSTRUCTION OF MITIGATION IMPROVEMENTS, ESTIMATED MAXIMUM COST $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZiNG THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FiNANCE SAID APPROPRIATION The object or purpose for which the bond are authorized is the construction of stormwater mitigation improvements, at the estimated maximum cost of $500,000. The amount of obligations to be issued is $500,000. The period of probable usefulness is forty (40) 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. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON SEPTEMBER 22, 2011, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Board Members Town Clerk's Bulletin Board Bond Counsel Town Attorney 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 Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," was adopted August 16, 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 1~7 day of September, 2011. (SEAL) Page I of I Rudder, Lynda From: Rudder, Lynda Sent: Monday, September 19,2011 11:43 AM To: Legals (cschott@timesreview.com) Cc: William Ruland; alkrupskitown@yahoo.com; V Orlando (vorlando@millerenv.com); Cushman, John; Finnegan, Martin; Krauza, Lynne; Ipevans@fishersisland.net; Talbot, Christopher; Russell, Scott; 'Marie Liotta' Subject: for publication Attachments: Notice.doc Please publish in the 9/22/11 edition of the Suffolk Times and provide three (3) affidavits. Thanks 9/19/2011 DELAFIELD ,:~ WOOD LLP (212) 820-9662 ONE CHA~E MANHATTAN pLAZ~ NEW ¥ORK~ NY IOOO5 WW~V, HAWK INS*COM September 15,2011 NEW YORK WASHINGTON NEWARK HARTFORD LOS ANGELES SACRAMENTO SAN FRANCISCO Town of Southold, New York $500,000 Serial Bonds for Storm Water Mitigation (Our File Designation: 2615/35482) Martin D. Finnegan, Esq. Town Attorney Town of Southold P.O. Box 1179 Southold, New York 11971 Dear Martin: The bond resolution authorizing the above bonds 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) Notice and Summary of the bond resolution 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 cc: John A. Cushman, Town Comptroller Robert P. Smith 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 Suffolk, State of New York, entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," was adopted August 16, 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town this day of September, 2011. (SEAL) Town Clerk PULBIC NOTICE The resolution, a summary of which is published herewith, has been adopted on the 16th day of August, 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 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, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bond are authorized is the construction of stormwater mitigation improvements, at the estimated maximum cost of $500,000. The amount of obligations to be issued is $500,000. The period of probable usefulness is forty (40) 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. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town of Southold, New York $500,000 Serial Bonds for Stormwater Mitigation (Our File Designation: 2615/35482) September 15,2011 Mr. Robert P Smith Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed please find the following documentation for the above referenced bond: I. Original Affidavit of Publication Let me know if there is anything else you require for you file at this time. Please forward the additional documents required with respect to the final estoppel publication of the resolution to my email address, lynda.rudder~town.southold.ny.us. Very truly yours, Lynda M Rudder Deputy Town Clerk encs cc: Town Attorney bond file #10374 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 25th day of August, 2011. Sworn to before me this LEGAL NOTICE i amount for such purpose, and authoriz- TOWN OF SOUTltOLD, , lng the issuance of $500,000 serial bonds NEW YORK of said Town to finance said appropria- PLEASE TAKE NOTICE that on tion,' August 16, 2011, the Town Board of an abstract of which bond resolution the Town of Southold, in the County of ~ concisely stating the purpose and effect Suffolk,New York, adopted a bond reso- i thereof, being as follows: lution entitled: FIRST: AUTFIORIZING said Town "Bond Resolution of the Town of to construct stormwater mitigation im- Southold, New York, adopted August provements; STATING the estimated 16, 2011, authorizing the construction maximumcostthereoLincludingprebm- of stormwater mitigation improvements, inary costs, and costs incidental thereto stating the estimated maxiraum cost and the financing thereof, is $500,000; thereof is $500,000, appropriating said APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to fi hence said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the is- suance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for ex- penditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and thc proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to thc provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type li Ac- tion and no further review is required; 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 thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permis- sive referendum. DATED: August 16,2011 Elizabeth A. Neville Town Clerk 10,374-1T 8/25 Principal Clerk 2011 CHRISTINA VOLINSKI NOTARY PUBLiC-STATE OF NEW YORK NO. 0*J-VO6105050 Qualified in Suffolk County My Commission Expires February 28, 2012 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town of Southold, New York $500,000 Serial Bonds for Stormwater Mitigation (Our File Designation: 2615/35482) August22,2011 Mr. Robert P Smith Hawkins, Delafield & Wood One Chase Manhattan Plaza New York, NY 10005 Dear Mr. Smith: Enclosed please find the following documentation for the above referenced bond: 2. 3. 4. 5. Copy of Notice for Town Clerk Bulletin Board and Suffolk Times Affidavit of Posting Extract of Minutes Certification of Minutes Certified Resolution adopted by the Town Board Please let me know if there is anything else you require for you file at this time. Very truly your~ Lynda M Rudder Deputy Town Clerk enos cc: Town A~omey bond file TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 16, 2011, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct stormwater mitigation improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II Action and no further review is required; 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: August 16, 2011 Elizabeth A. Neville Town Clerk AFFIDAVIT OF POSTING STATE OF NEW YORK ) :SS: COUNTY OF SUFFOLK ) ELIZABETH A. NEVILLE, being duly swom, 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 August 22, 2011, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on August 16, 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. Town Clerk Subscribed and sworn to before me this 22nd day of August, 2011. Notary Public, State of New York LYNDA M.~ NOTARY PUBLIO, State of No. 01 ~O~020932 Qualified in Suffolk Courl~ Term Expires March 8, 20 EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York August 16, 2011 A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on August 16, 2011. There were present: Councilpersons: There were absent: Also present: Hon. Scott A. Russell, Supervisor; and Councilman William Ruland Councilman Vincent Orlando Councilman Albert Krupski Justice Louisa Evans Councilman Christopher Talbot None Elizabeth A. Neville, Town Clerk Martin D. Finnegan, Town Attorney its adoption: Councilman William Ruland offered the following resolution and moved BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct stormwater mitigation improvements. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) 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 proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) 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 ("SEQRA"), has determined that the class of objects or purposes described in Section 1 hereof is a Type II Action as defined under SEQRA the Regulations promulgated thereunder and no further review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the 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 August 16, 2011, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct stormwater mitigation improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II Action and no further review is required; 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: August 16, 2011 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. The adoption of the foregoing resolution was seconded by Justice Louisa Evans and duly put to a vote on roll call, which resulted as follows: AYES: Hon. Scott A. Russell, Supervisor; and Councilman William Ruland Councilman Vincent Orlando Councilman Albert Krupski Justice Louisa Evans Councilman Christopher Talbot NOES: None The resolution was declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, State of New York, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the Town Board of said Town of Southold duly called and held on August 16, 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 ihe 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 16th day of August, 2011. (SEAL) Town Cldrk -C Southold Town Board - Letter Board Meeting of August 16, 2011 RESOLUTION 2011-598 ADOPTED Item # 5.13 DOC ID: 7076 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-598 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 16, 2011: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct stormwater mitigation improvements. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) 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 proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in the role of Lead Agency pursuant Generated August 19, 2011 Page 19 Southold Town Board - Letter Board Meeting of August 16, 2011 to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the class of objects or purposes described in Section 1 hereof is a Type II Action as defined under SEQRA the Regulations promulgated thereunder and no further review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the 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 August 16, 2011, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: Generated August 19, 2011 Page 20 Southold Town Board - Letter Board Meeting of August 16, 2011 "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct stormwater mitigation improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II Action and no further review is required; 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 PLEDG1NG 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: August 16, 2011 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT A Generated August 19, 2011 Page 21 Southold Town Board - Letter Board Meeting of August 16, 2011 NOTICE The resolution, a summary of which is published herewith, has been adopted on the 16th day of August, 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 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, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The class of objects or purposes for which the bonds are authorized is the construction of stormwater mitigation improvements, at the estimated maximum cost of $500,000 The amount of obligations to be issued is $500,000. The period of probable usefulness is forty (40) 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated August 19, 2011 Page 22 AUG. 16,2011 IO:09AM NO, O08 P, 1 PLANN]I~G BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAX~]I~G ADDRESS: P_O. Box 1179 Sou~hold, NY 11971 OFFICE LOCATION: Town Hall Ar~uex 54375 State ~oute 25 (cot. M~n ~. & Youn~ Ave,) Southold, ~ Telephone: 631 F~: 631 76~31~6 To: Scott Russell, Supervisor Members of the Southold Town Board From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: August 16, 2011 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000. The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5(21), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney DELAFIELD &WOOD LLP (212) 820-9662 Augustll, 2011 WASHINGTON Town of Southold, New York $500,000 Serial Bonds for Stormwater Mitigation (Our File Designation: 2615/35482) Martin D. Finnegan, Esq. Town Attorney Town of Southold P.O. Box 1179 Southold, New York 11971 Dear Martin: Pursuant to your request, I have prepared the attached Extract of Minutes of a Town Board meeting to be held on August 16, 2011, showing adoption of the above 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, without taking into consideration any temporary vacancies. Section 7 of the bond resolution contains the form of Notice of Permissive Referendum 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. Also attached is the 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, Town Comptroller Robert P. Smith EXTRACT OF M1NUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York August 16, 2011 A regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, was held at the Town Hall, 53095 Main Road, Southold, New York, on August 16, 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 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct stormwater mitigation improvements. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) 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 proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) 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 ("SEQRA"), has determined that the class of objects or purposes described in Section 1 hereof is a Type II Action as defined under SEQRA the Regulations promulgated thereunder and no further review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only iff (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 publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the 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 August 16, 2011, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZiNG said Town to construct stormwater mitigation improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II Action and no further review is required; 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: August 16, 2011 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. The adoption of the foregoing resolution was seconded by and duly put to a vote on roll call, which resulted as follows: AYES: NOES: The resolution was declared adopted. NOTICE EXHIBIT A The resolution, a summary of which is published herewith, has been adopted on the 16th day of August, 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 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, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The class of objects or purposes for which the bonds are authorized is the construction of stormwater mitigation improvements, at the estimated maximum cost of $500,000 The amount of obligations to be issued is $500,000. The period of probable usefulness is forty (40) 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. 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 August 16, 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 16th day of August, 2011. (SEAL) Town Clerk 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 ,2011, she has caused to be conspicuously posted and fastened up a Notice setting forth an abstract of the bond resolution duly adopted by the Town Board on August 16, 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 August, 2011. Town Clerk Notary Public, State of New York