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HomeMy WebLinkAbout10/10/2017 PHONE: 212-820-9300 7 WORLD TRADE CENTER NEW YORK FAX: 212-514-8425 250 GREENWICH STREET WASHINGTON (212) 820-9662 September 29, 2017 NEW YORK, NY 10007 NEWARK WWW.HAWKINS.COM HARTFORD LOS ANGELES Town of Southold, New York SACRAMENTO SAN FRANCISCO Fishers Island Ferry District Improvements PORTLAND (Our File Designation: 2615/41731) ANN ARBOR Kristie Hansen-Hightower Town Comptroller Town of Southold 53095 Main Road Southold, New York 11971 Dear Kristie: With respect to the increase and improvement of facilities of the Fishers Island Ferry District, we have prepared the attached (i) Extract of Minutes showing the holding of a Public Hearing on October 10, 2017, (ii) Resolution and Order After Public Hearing proposed to be adopted on October 10, 2017, (iii) Bond Resolution proposed to be adopted on October 10, 2017 and the (iv) summary form of the Bond Resolution with the prescribed form of Clerk’s notice affixed in readiness for publication. Please note that the Resolution and Order After Public Hearing, with the Clerk’s Certificate attached, must be recorded in the office of the County Clerk within ten (10) days after adoption. In addition, the summary form of the Bond Resolution is to be published in the official Town newspaper together with the 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. Please forward to me certified copies of the completed Extract of Minutes, the Resolution and Order After Public Hearing and the Bond Resolution. In addition, please send me a copy of the Resolution and Order After Public Hearing with proof of recording attached and an original Affidavit of Publication from the newspaper, when available. With best regards, I am Very truly yours, Robert P. Smith RPS/ml Enclosures cc: Scott A. Russell William Duffy, Esq. Elizabeth A. Neville Connie Solomon Lynda Rudder Martin Finnegan, Esq. EXTRACT OF MINUTES Meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York October 10, 2017 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 October 10, 2017. There were present: Hon. Scott A. Russell, Supervisor; and Board Members: Louisa P. Evans Jill Doherty William P. Ruland James Dinizio, Jr. Robert Ghosio There were absent: Also present: Elizabeth A. Neville, Town Clerk * * * The Supervisor stated that a public hearing had been called for this meeting at the Town Hall, 53095 Main Road, Southold, New York, at 4:30 o’clock P.M. (Prevailing Time) to consider the increase and improvement of facilities of the Fishers Island Ferry District (the “District”), in the Town of Southold, Suffolk County, New York, consisting of the replacement of port and starboard main propulsion systems for the ferry MV Munnatawket, at the aggregate estimated maximum cost of $300,000, and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law. The Town Clerk presented affidavits showing that the Notice of said public hearing had been duly published and posted pursuant to the provisions of Article 12 of the Town Law. The Supervisor stated that the hearing in the said matter was now open and asked if there were any interested persons present who desired to be heard. The following persons appeared in favor of such increase and improvement of said facilities of the District: The following persons appeared in opposition to such increase and improvement of said facilities of the District: The Supervisor inquired as to whether there were any other persons present who wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing closed. 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 October 10, 2017, 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 10th day of October, 2017. (SEAL) Town Clerk At a regular meeting of the Town Board of the Town of Southold, in the County of Suffolk, New York, held at the Town Hall, 53095 Main Road, Southold, New York, on October 10, 2017. PRESENT: Hon. Scott A. Russell, Supervisor Louisa P. Evans, Councilwoman Jill Doherty, Councilwoman William P. Ruland, Councilman James Dinizio, Jr., Councilman Robert Ghosio, Councilman In the Matter of the Increase and Improvement of Facilities of the Fishers Island Ferry District, in the Town of Southold, in the County of Suffolk, New York, pursuant to Section 202-b of the Town Law Offered by: _______________________ Seconded by: ______________________ RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the “District”), in the Town of Southold (the “Town”), Suffolk County, New York, pursuant to a resolution of said 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; and WHEREAS, on September 12, 2017, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, on behalf of the District, adopted an Order describing in general terms a proposed increase and improvement of facilities, consisting of the replacement of port and starboard main propulsion systems for the ferry MV Munnatawket, at the aggregate estimated maximum cost of $300,000, pursuant to Section 202-b of the Town Law, and said Order stated that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on October 10, 2017 at 4:30 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on October 10, 2017 at 4:30 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the project described herein may have on the environment and has determined that such project constitutes 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 617.5(c)(25), and no further environmental review is required; Now, therefore, on the basis 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 $300,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the Board of Commissioners shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of such facilities and, with the assistance of Attorney for said Board, shall prepare a proposed contract for such increase and improvement of facilities of the District, which plans and specifications, estimate and proposed contract shall be presented to 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, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: October 10, 2017 (SEAL) 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 voting______________ Councilwoman Louisa P. Evans voting______________ Councilwoman Jill Doherty voting______________ Councilman William P. Ruland voting______________ Councilman James Dinizio, Jr. voting______________ Councilman Robert Ghosio voting______________ The Resolution and Order were 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 October 10, 2017, 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 10th day of October, 2017. (SEAL) Town Clerk 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 Offered by: _______________________ Recital WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the “Town”), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Fishers Island Ferry District (referred to herein as the “District”), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $300,000 for the increase and improvement of facilities of the District, consisting of the replacement of port and starboard main propulsion systems for the ferry MV Munnatawket. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $300,000. The plan of financing includes the issuance of bonds in the principal amount of $300,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges, 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. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $300,000 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 stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 26 of the Law, is thirty-five (35) 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. 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. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a 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 issued 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 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 Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in “The Suffolk Times,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. The adoption of the foregoing Resolution was seconded by and duly put to a vote on roll call, which resulted as follows: AYES: NOES: The resolution was declared adopted. CERTIFICATE I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the County of 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, duly called and held on October 10, 2017 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 this 10th day of October, 2017. (SEAL) Town Clerk (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on October 10, 2017, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: October 10, 2017 Southold, New York Elizabeth A. Neville Town Clerk 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 The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the replacement of port and starboard main propulsion systems for the ferry MV Munnatawket, at the estimated maximum cost of $300,000. The maximum amount of obligations authorized to be issued is $300,000. The period of probable usefulness is thirty-five (35) years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York.