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HomeMy WebLinkAboutBondA 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 the 4th day of December, 2012. PRESENT: Hon. Scott A. Russell, Supervisor Louisa Evans, Councilperson Albert Krupski, Councilperson Chris Talbot, Councilperson William P. Ruland, Councilperson Jill Doherty, Councilperson In the Matter ofthe Increase and Improvement of Facilities of the Fishers Island Ferry District, in the Town of Southold, in the County of in the County of Suffolk, New York Offered by: Justice Louisa Evans Seconded by: Councilman Albert Krupski RESOLUTION AND ORDER AFTER PUBLIC HEARiNG WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to the resolution adopted on October 24, 2012 and subscribed by each of the members of the Board of Commissioners, which together with a petition in due form, was duly submitted to the Town Board (the "Town Board") of the Town, has requested the Town Board to call a public hearing to hear all persons interested in the subject thereof, being the construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all of the foregoing to include original furnishings, equipment, machinery and apparatus required for the purposes for which such ferry terminal is used (herein collectively called the "Project"), the estimated maximum cost thereof being $861,000; and WHEREAS, it is intended that the Town shall issue bonds in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected that the $361,000 balance of said Project shall be paid from other available funds of the District; and WHEREAS, in the event any grant funds are received by the District or the Town with respect to the Project, such grant funds shall be expended to pay a part of the cost of the Project and the principal amount of bonds or notes to be issued shall be reduced by an amount equal to the amount of grant funds so received and expended, or such grant funds may be expended to pay debt service relating to the bonds or notes issued to finance the Project; and WHEREAS, on August 15, 2000 the Town Board adopted a resolution, subject to a permissive referendum, authorizing and increasing the aggregate principal amount which the Town Board may borrow and for which obligations may be issued from five hundred thousand dollars ($500,000) to five million dollars ($5,000,000), as authorized pursuant to Section 4 of Chapter 699 of the Laws of 1947, and acts amendatory thereto, and such resolution has not been amended, modified or rescinded; and WHEREAS, this Board of Commissioners of the District, as lead agency, has given due consideration to the impact that the Project may have on the environment and has determined that the Project will have no significant adverse impact upon the environment and that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617; and WHEREAS, pursuant to the Order Calling Public Hearing adopted by the Town Board on November 20, 2012, a public hearing to consider the proposed increase and improvement of facilities of the District was opened on December 3, 2012 at the Fishers Island Community Center on Fishers Island, and reconvened on December 4, 2012 at the Southold Town Hall, and considerable discussion on the matter has been had and ali persons desiring to be heard have been heard concerning the subject matter thereof, including those in favor and those in opposition; NOW, THEREFORE, in consideration of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $861,000, and the financing of a part of the cost of said Project by the issuance of bonds or notes of the Town in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local Finance Law, with the $361,000 balance of the cost to be paid from other available funds of the District; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the District shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and that the Engineer shall prepare specifications and make a careful estimate of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District or the Town Attorney, shall prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of the principal of and interest on the obligations authorized to be issued, shall be assessed, levied and collected by the Town Board from the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, but if not paid from such source, all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an amount sufficient to pay the principal of and interest on said obligations; and it is hereby FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: December 4, 2012 TOWN BOARD OF THE TOWN OF SOUTHOLD The adoption of the foregoing Resolution and Order was duly put to a vote on roll call, which resulted as follows: Supervisor Scott A. Russell Councilperson Louisa Evans Councilperson Albert Krupski Councilperson Chris Talbot Councilperson William P. Ruland Councilperson Jill Doherty Aye Aye Aye Aye Aye Aye The Resolution and Order were declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of Suffolk, New York, DO HEREBY CERTIFY that I have compared the preceding Resolution and Order After Public Hearing with the original thereof filed in my office on the 4th day of December, 2012 and the same is a tree and correct copy of said original and of the whole thereof. 1N WITNESS WHEREOF, (SEAL) I have hereunto set my hand and affixed the corporate seal of said Town this 7th day of December, 2012. -- D 'Town Clerk