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Home My WebLink AboutSC RES 1194 & 1195 CR 48 ReconstructionIntro. Res. No. 2090-2011 Laid on Table 12/6/2011 Introduced by Legislator Romaine RESOLUTION NO./)c]~-2011, AMENDING THE 2011 CAPITAL BUDGET AND PROGRAM AND APPROPRIATING FUNDS IN CONNECTION WITH THE RECONSTRUCTION OF CR 48, MIDDLE ROAD, TOWN OF SOUTHOLD (CP 5526) WHEREAS, the Commissioner of Public Works has requested funds for construction in connection with the Reconstruction of CR 48, Middle Road; and WHEREAS, sufficient funds are not included in the 2011 Capital Budget and Program to cover the cost of said request and pursuant to Suffolk County Charter, Section C4- 13, an offsetting authorization must be provided from another capital project; and WHEREAS, Resolution No. 471-1994 and as amended by Resolution No. 461- 2006 has established a priority ranking system as the basis for funding capital projects such as this project; and WHEREAS, the Suffolk County Council of Environmental Quality has reviewed this project and declared this project constituted an unlisted action that will not have a significant effect on the environment for the following reasons: 1) The proposed action will not exceed any criteria in section 617.7(c) of Title 6 NYCRR, which sets forth thresholds for determining significant effect on the environment; 2) A positive drainage system will be installed to improve drainage and eliminate discharging run-off to surface waters wherever possible; 3) All necessary NYSDEC permits will be obtained; 4) Traffic safety will be improved; and WHEREAS, that this Legislature, by resolution of even date herewith, has authorized the issuance of $4,230,000 in Suffolk County Serial Bonds; now, therefore be it 1st RESOLVED, Resolution No. 1113-2001, approved by the County Legislature, finds that this project constitutes an unlisted action that will not have a significant effect on the environment, therefore, the provisions of SEQRA have been complied with and no further environmental review is necessary; and be it further 2"d RESOLVED, that it is hereby determined that this project, with a priority ranking of fifty-five (55) is eligible for approval in accordance with the provisions of Resolution No. 471- 1994 as revised by Resolution No. 571-1998, Resolution No, 209-2000 and Resolution No, 461- 2006; and be it further 3'd RESOLVED, that the County Department of Public Works is hereby authorized, empowered and directed to take such action as may be necessary to complete the Reconstruction of CR 48, Middle Road, pursuant to section C8-2 (A) of the Suffolk County · Charter; and be it further 4th RESOLVED, that the 2011 Capital Budget and Program be and is hereby amended as follows: Project Number: 5175 Project Title: Safety Improvements on CR 99, Woodside Avenue Cost Elements 3. Construction Current Revised 2011 2011 Total Capital Capital Es'd Budget & Budget & Cost Program Program $3,600,000 $3,500,000B $0 TOTAL $3,700,000 $3,500,000 $0 Project Number: 5571 Project Title: Safety Improvements on CR 48, Middle Road and Cox Neck Road Cost Elements 3. Construction Current Revised 2011 2011 Total Capital Capital Est'd Budget & Budget & Cost Program Program $2,000,000 $730,000B $0 TOTAL $2,000,000 $730,000 $0 Project Number: 5526 Project Title: Reconstruction of CR 48, Middle Road Cost Elements 3. Construction Current Revised 2011 2011 Total Capital Capital Est'd Budget & Budget & Cost Program Program $16,380,000 $0 $41230,000B TOTAL $18,170,000 $0 $4,230,000 and be it further 5t~ RESOLVED, that the proceeds of $4,230,000 in Suffolk County Serial Bonds be and they hereby are appropriated as follows: Project Number 525-CAP-5526.310 JC Project Title 50 Reconstruction of CR 48, Middle Road Amount $4,230,000 and be it further 6m RESOLVED, that the County Comptroller and the County Treasurer are hereby authorized and empowered to take all steps necessary and appropriate to effectuate the transfer of this funding forthwith. DATED: DEC 2 0 2011 County Executive of Suffolk County Date: ]~ -- ~ -- [' ? **VETO OVERRIDE ADE~PTED Olq DECEMBER 30, 2011'* Intro. Res. ~)-0 C~ 0 Motion: ~om~a~, Schneiderman, Browning, Muratore, Anker ---ddington, Montane, Cilmt, Lindsay, Viloda-Fisher, Barraga, · ~ennedy, Nowick, Horsley, Gregory, Stem, D'Amaro, Cooper Second: Romaine, Schneiderman, Browning, Muratore, Anker Eddiegton, Montane, il~, Lindsay, Viloda-Fisher, Barraga, Kennedy, Nowick, Horsley, Gregory, Stem, D'Amaro, Cooper Eddington, Montane, Cilmi, Lindsay, Viloda-Fi, sher, Barrega, Kennedy, Nowick, Horsley, Gregory, Stem, D Amaro, Cooper I LD Legislator Yes l No Abs NP R 1 Edward P. ROMAINE 2 Jay H. SCHNEIDERMAN 3 Kate M. BROWNING 4 Thomas MURATORE 6 Sarah S. ANKER 7 Jack EDDINGTON 9 Ricardo MONTANO t0 Thomas ClLMI 11 Thomas F. BARRAGA 12 John M. KENNEDY, JR. 13 Lynne C. NOWICK 14 Wayne R. HORSLEY 15 DuWayne GREGORY 16 Steven H. STERN 17 Leu D'AMARO 18 Jon COOPER 5 Vivian VlLORIA-FISHER, D.P.O. 8 William J. LINDSAY, P.O. MOTION Approve Table: Send To Committee Table Subject To Call Lay On The Table Discharge Take Out of Order Reconsider Waive Rule Override Veto Close Recess APPROVED'~' FAILED No Motion No Second NOT ADOPTED Roll Call Voice Vote Tim Laube, Clerk of the Legislature SUFFOLK COUNTY County Legislature RIVERHEAD, NY 9~ti~s ~s to Ce~t~j ~J'F~zt I, TIM LAUBE, Clerk of the County Legislature of the County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was duly adopted by the County Legislature of said County on December 30,20:[1 and that the same is a true and correct transcript of said resolution and of the whole thereof. Itt ~Witt~es$ ~Wf~ereo~ I have hereunto set my hand and the official seal of the County Legislature of the County of Suffolk. Clerk of the Legislature Intro. Res. Motion: ~Schneiderman, Browning, Murato~e. Anker Eddington. Montano, Cilmi, L[ndsay. V~lorla~FIsher. Barraga~ Kennedy, Nowick. Horsley, Gregory, Stem, D'Amaro, Cooper SeGond; Romaine, Schneiderman. Browning. Mu~atore, Anker Kennedy, Nowick, Horsley, Gregory, Stem, D'Amaro, Cooper Res. No. (( ~ December30,2011 Co.SPonSors; , Romaine, Schnelderman, Browning. Muratore. Anker IEddingtcn, Mootaoo. Cilrni, Lindsay. Viloria-Fisher. Barrnga~ [Kennedy. Now~ck, HorSley. Gregory. Stern, D'Amaro. Cooper LD Legislator Yes No Abs NP R I Edward P. ROMAINE 2 Jay H. SCHNEIDERMAN 3 Kate M. BROWNING 4 Thomas MURATORE 6 Sarah S. ANKER 7 Jack EDDINGTON 9 Rlcardo MONTANO 10 Thomas ClLMI 1t Thomas F. BARRAGA 12 John M. KENNEDY, JR. 13 Lynne C. NOWlCK 14 Wayne Ro HORSLEY 15 DuWayne GREGORY 16 Steven H. STERN 17 Lou D'AMARO 18 Jon COOPER 5 Vivian VlLORIA-FISHER, D.P.O. 8 William J. LINDSAY, P.O. MOTION Approve Table: Send To Committee Table Subject To Call Lay On The Table Discharge Take Out of Order Reconsider Waive Rule X Override Veto Close Recess APPROVED~ FAILED No Motion__ No Second~ Roll Call Voice Vote Tim Laube, Clerk of the Legislature COUNTY OF SUFFOLK OFFICE OFTHECOUNTYEXECUTIVE Steve Levy COUNTY EXECUTIVE C'EtVED December 30, 2011 Presiding Officer William J. Lindsay and Members of the Suffolk County Legislature William H. Rogers Legislative Building 725 Veterans Memorial Highway Smithtown, New York 11787 RE: RESOLUTION NO. 1194 - 2011, AMENDING THE 201t CAPITAL BUDGET AND PROGRAM AND APPROPRIATING FUNDS IN CONNECTION WITH THE RECONSTRUCTION OF CR 48, MIDDLE ROAD, TOWN OF SOUTHOLD (CP 5526) Dear Presiding Officer Lindsay and Members of the Legislature: I am returning herein RESOLUTION NO. 1194 - 2011, AMENDING THE 2011 CAPITAL BUDGET AND PROGRAM AND APPROPRIATING FUNDS IN CONNECTION WITH THE RECONSTRUCTION OF CR 48, MIDDLE ROAD, TOWN OF SOUTHOLD (CP 5526); vetoed in its entirety, The executive branch made a policy determination to scale back the capital budget to deal with the difficult economic conditions we face. Major infrastructure was given priority in order to spur economic development, but other items that might have breezed through in better years, were delayed. The legislature often says that the capital budget doesn't authorize spending, it merely creates a plan. However by placing every item in the budget up for authorization, it shatters that concept and eliminates any form of prioritization in order to control debt service levels. LOCA FION: MAILING ADDRESS: H LEE DENNISON BUILDING, 12~' FLOOR PO BOX 6100 OFFICE (63 I) 8534000 For these reasons, I strongly urge the Legislature to sustain my veto of this resolution. Sincerely, Steve Levy County Executive of Suffolk County CC: All Suffolk County Legislators Tim Laube, Clerk of the Legislature Christine Malafi, Esq., Suffolk County Attorney Lynne A Bizzarro, Esq., Chief Deputy County Attorney Edward Dumas, Chief Deputy County Executive Eric Naughton, Deputy County Executive for Finance and Management Ken Crannell, Deputy County Executive Connie Corso, Budget Director Eric Kopp, Assistant Deputy County Executive Dan Aug, Director of Communications Mark Smith, Deputy Director of Communications Intro. Res. No. 2090A-2011 BOND RESOLUTION NO. 11 cl5-2o BOND RESOLUTION OF THE COUNTY OF SUFFOLK, NEW YORK, AUTHORIZING THE ISSUANCE OF $4,230,000 BONDS TO FINANCE THE COST OF THE RECONSTRUCTION OF CR 48, MIDDLE ROAD, TOWN OF SOUTHOLD (CP 5526.3t0) THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said County Legislature) AS FOLLOWS: Section 1. The County of Suffolk, New York (herein called the "County"), is hereby authorized to issue bonds in the principal amount of $4,230,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), the Suffolk County Charter and other applicable laws, to finance the cost of the reconstruction of CR 48, Middle Road, Town of Southold. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof is $4,230,000. The plan of financing includes the issuance of $4,230,000 bonds or bond anticipation notes authorized pursuant to this resolution and the levy and collection of taxes on all the taxable real property in the County to pay the principal of said bonds or notes and the interest thereon as the same shall become due and payable. Section 2. The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 20 (c) of the Law is fifteen (15) years. Section 3. The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the County 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. 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 County, payable as to both principal and interest by a general tax upon all the taxable real property within the County. The faith and credit of the County 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 County 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 Resolution No. 320 of 1966, as amended by Resolution No. 81 of 1972, and Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the County Legislature 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 relative to executing contracts for credit enhancements and providing for substantially ~evel or declining annual debt service, are hereby delegated to the County Comptroller, the chief fiscal officer of the County. 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 County is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately upon approval by the County Executive, and the Clerk of the Legislature is hereby authorized and directed to publish the foregoing resolution, in summary or in full, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in the official newspaper(s) of the County. DATED: DEC 2 0 2011 County Executive of Suffolk County Date: ('-~ - .~'o -~( **VETO OVERRIDE ADOPTED ON DECEMBER 30, 2011'* ne, Schneiderman, Browning. Muratore, Anker Eddington, Montano, Cilmk Lindsay, Viloda-Fisher, Barraga, ~dy, Nowick, Horsley, Gregory, Stem, D'Amaro, Cooper "S ..ide man, ro ing, M.ratore, Anker Eddington, MontanoQ-~ Lindsay, Viloda-Fisher. Barraga, v Kennedy, Nowick, Horsiey, Gregory, Stem, D'Amaro, Cooper ICo-Sponsors: Kennedy, Now~ck, Hor*ley, Gregory, Stem, D'Amaro, Cooper LD Legislator Yes No Abs NP R I Edward P. ROMAINE 2 Jay H. SCHNEIDERMAN 3 Kate M. BROWNING 4 Thomas MURATORE 6 Sarah S. ANKER 7 Jack EDDINGTON 9 Ricardo MONTANO 10 Thomas CILMI /. 11 Thomas F. BARRAGA 12 John M. KENNEDY, JR. 13 Lynne C. NOWICK 14 Wayne R. HORSLEY 15 DuWayne GREGORY 16 Steven H. STERN 17 Lou D'AMARO 18 Jon COOPER 5 Vivian VlLORIA-FISHER, D.P.O. 8 William J. LINDSAY, P.O. To,a,s /L- '" MOTION Approve Table: Send To Committee Table Subject To Call Lay On The Table Discharge Take Out of Order Reconsider Waive Rule Override Veto Close Recess APPROVED ,~_ FAILED No Motion No Second Roll Call ~ Voice Vote__ Tim Laube, Clerk of the Legislature SUFFOLK COUNTY County Legislature RIVERHEAD, NY ~f~i~ ~s to Ce~t~j ~rtat I, TIM LAUBE, Clerk of the County Legislature of the County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was duly adopted by the County Legislature of said County on December 30,201! and that the same is a true and correct transcript of said resolution and of the whole thereof. In ~W~tness ~Vtiereo~ I have hereunto set my hand and the official seal of the County Legislature of the County of Suffolk. Clerk of the Legislature Intro. Res, ~04~ ~ IMotlon: (~Schneiderman, Browning, Muratore, Anker Eddington, Montano, Cilml, Lindsay, VIIoria-Fi, sher, Barrage, I:ded==;Now~ck, Ho~sley, Gregory, Stem, DAmaro, Cooper Second; Romaine, Schneiderrn~a~/~-~owning, Muratore, Anker Eddington, Montano, (~ndsay, Viloda~Fi, sher, Barraga, Kennedy, Nov~ck, Horsfey, Grego~/, Stem, DAmaro, C0ope~ Co-Sponsors: Romaine, Schneiderman, Browning, Muratore. Anker Eddington. Montano, Cilrni, Lindsay, Viloda-Fisher, Barraga, Kennedy, Nowick, Horsley, Gregory, Stem, DAmaro, Cooper LD Legislator I Edward P. ROMAINE 2 Jay H. SCHNEIDERMAN 3 Kate M. BROWNING 4 Thomas MURATORE 6 Sarah S. ANKER 7 Jack EDDINGTON 9 Ricardo MONTANO 10 Thomas ClLMI 11 Thomas F. BARRAGA 12 John M. KENNEDY, JR. t3 Lynne C. NOWlCK t4 Wayne R. HORSLEY 15 DuWayne GREGORY 16 Steven H. STERN 17, Lou D'AMARO 18 Jon COOPER 5 Vivian VlLORIA~FISHER, D.P.O. 8 William J. LINDSAY, P.O. Totals MOTION Approve Table: Send To Committee Table Subject To Call __Lay On The Table __Discharge Take Out of Order Reconsider :aive Rule verrtde Veto Close Recess APPROVED ~<~ No Motion NOT ADOPTED FAILED No Second Roll Call Voice Vote Tim Laube, Clerk of t~e Legislature COUNTY OF SUFFOLK OFFICE OF TItE COUNTY EXEC1.JTIVE Steve Levy COUNTY EXECUTIVE RECEIVED Z0!t ~EC30 A q: tb December 30, 2011 Presiding Officer William J. Lindsay and Members of the Suffolk County Legislature William H. Rogers Legislative Building 725 Veterans Memorial Highway Smithtown, New York 11787 RE: RESOLUTION NO. 1195- 2011, BOND RESOLUTION OF THE COUNTY OF SUFFOLK, NEW YORK, AUTHORIZING THE ISSUANCE OF $4,230,000.00 BONDS TO FINANCE THE COST OF THE RECONSTRUCTION OF CR 48, MIDDLE ROAD, TOWN OF SOUTHOLD (CP 5526.310) Dear Presiding Officer Lindsay and Members of the Legislature: I am returning herein RESOLUTION NO. 1195 - 2011, BOND RESOLUTION OF THE COUNTY OF SUFFOLK, NEW YORK, AUTHORIZING THE ISSUANCE OF $4,230,000.00 BONDS TO FINANCE THE COST OF THE RECONSTRUCTION OF CR 48, MIDDLE ROAD, TOWN OF SOUTHOLD (CP 5526.310); vetoed in its entirety. The executive branch made a policy determination to scale back the capital budget to deal with the difficult economic conditions we face. Major infrastructure was given priority in order to spur economic development, but other items that might have breezed through in better years, were delayed. The legislature often says that the capital budget doesn't authorize spending, it merely creates a plan. However by placing every item in the budget up for authorization, it shatters that concept and eliminates any form of prioritization in order to control debt service levels. LOCAI'ION: MAILING ADDRESS H LEE DENNISON BUILDING, 12* FLOOR P O BOX 6100 OFFICE (63 I) 853-4000 For these reasons, I strongly urge the Legislature to sustain my veto of this resolution. Sincerely, Steve Levy County Executive of Suffolk County CC: All Suffolk County Legislators Tim Laube, Clerk of the Legislature Christine Malafi, Esq. Suffolk County Attorney Lynne A. Bizzarro, Esq., Chief Deputy County Attorney Edward Dumas, Chief Deputy County Executive Eric Naughton, Deputy County Executive for Finance and Management Ken Crannell, Deputy County Executive Connie Corso, Budget Director Eric Kopp, Assistant Deputy County Executive Dan Aug, Director of Communications Mark Smith, Deputy Director of Communications