HomeMy WebLinkAboutFIFD Repairs (pilings) 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)
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Supervisor
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own Clerk
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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
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' ,t LABEL 11-B,JANUARY 2014 :._PSN 7880-02-000-51rra- -
�osu�foc�oo
ELIZABETH A. NEVILLE,MMC �,ZO �y Town Hall,53095 Main Road
TOWN CLERK o PO Box 1179
vs Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p ® .� Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ��l �a www.southoldtownny gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 7, 2017
Town of Southold, New York - ---- _-- - .- --
Fishers Island Ferry District Improvements �i 'E K 2 0 2 9 6 2 0 3 8 U S\
(Our File Designation: 2615/4173 1) --
Mr Robert Smith
Hawkins, Delafield & Wood
28 Liberty Street, 42"d Floor
New York, NY 10005
Dear Mr. Smith:
Enclosed please find the following documentation for the above referenced bond:
1. Affidavit of Publication- Suffolk Times
2. Affidavit of Publication-Day Publishing
Please let me know if there is anything else you require for you file at this time.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
encs
cc: Town Attorney
bond file
PUBLISHER'S CERTIFICATE
State of Connecticut
County of New London, ss. New London
Personally appeared before the undersigned, a Notary
Public within and for said County and State, Sharon Foret,
Legal Advertising Clerk, of The Day Publishing Company
Classifieds dept, a newspaper published at New London, t- 23810
County of New London, state of Connecticut who being duly LEGAL NOTICE
sworn, states on oath, that the Order of Notice in the case
of The resolution,a summary of which is published herewith,has been adopted on June
12,2017,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 obligatiou were authorized i0 violation of
23810 LEGAL NOTICE The resolution, a
the provisions of the constitution.
summary of whic BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Dated:June 12,2017 ,
Southold,New York
A true copy of which is hereunto annexed, was Elizabeth A.Neville
Town Clerk
published in said newspaper in its issue(s) of
BOND RESOLUTION OF THE TOWN OF SOUTHOLD,NEW YORK,
�6/22/2�17 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
Cust. SOUTHOLD TOWN OF SAID APPROPRIATION
Ad#- d00726893 The object or purpose for which the bonds are authorized is the increase and improve-
ment of facilities of the Fishers Island Ferry District,consisting of the replacement
of four existing timber ferry terminal fender pilings,at the estimated maximum cost
of$600,000.
The maximum amount of obligations authorized to be issued is$600,000.
The period of probable usefulness is twenty(20)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,
__1S1112'1�101147 53095 Main Road,Southold,New York.
Subscribed and sworn to before me
This Tuesday, June 27, 2017
Notary Public
My commission expires
#0002080680
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 06/22/2017
Principal Clerk
Sworn to before me this day of o �/
11STIOL
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 VOA 105030
Cualltloa In Suffolk County
My COMM111010n 6AMI@1 PGO(MY 26,2020
TYPESET Mon Jun 19 15.25.50 EDT 2017
LEGAL NOTICE
The resolution,a summary of which is pub-
lished herewith,has been adopted on June 12.
2017,and the validity of the obligations au-
thorized by such resolution may be hereafter
contested only if such obligations were au-
thorized 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 publica-
tion of this notice were not substantially com-
plied with,and an action,suit or proceeding
contesting such validity is commenced within
twenty days after the publication of this no-
tice,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: June 12,2017
Southold,New York
Elizabeth A.Neville
Town Clerk
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
The object or purpose for which the bonds
are authorized is the increase and im-
provement of facilities of the Fishers Island
Ferry District,consisting of the replacement
of four existing timber ferry terminal fender
pilings, at the estimated maximum cost of
$600,000.
The maximum amount of obligations au-
thorized to be issued is$600,000.
The period of probable usefulness is twenty
(20)years.
A complete copy of the Bond Resolution
summarized above shall be available for pub-
lic inspection during normal business hours at
the office of the Town Clerk, Town Hall,
53095 Main Road,Southold,New York.
2v�' OGBd
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required upon delivery;when requested�by-the ailer-If�tl'ig Fosta)'Service'does not a items is not available unless a signaturelis required?1 oil i
deliver or attempt delivery by the-specified tiim�nd the r sailer filesla claim fob a 3?t The Postal Service insures"nonnegotiable docu me nts"(as,defined b ostal
refund,the Postal Service may refund the postage,unless the delay w used by "indemnity regulations)against loss,damage!dr missing:coritents uP to$100 per
reasons including but not limited to the following:properdetention for�� dem for document reconstruction,subject to additional limitations for multiple
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5 calendar days,the,Postil Service returns the;herr to-the sender at no additional spoilage of perishable items,and articles improperly packaged or too fragile to
charge. '%,Z ' ' ',_J1 \ 1 I withstand normal handling in the mail.
Note:The Postal Service does not offer a guarantee for military or DP_0"ships ents�� Coverage,terms,and limitations are subject to change.For additional limitations
® } and terms of coverage,consult the DMM;which is available at pe.usps.com.
delayed due to customs inspections.Consult USPS.com ooyour local Post Office" �� ;7 r . r
for information on delivery commitments and Priority Mail Ekpress Military"or n Ql Refund Claims:=lf,delivery.ofa•Priority Mail Express item does not meet the
Priority Mail Express DPO"services.For details,see the DMM,which is aviilable•at scheduled delivery commitment,the mailer may,apply for a,postage refund within
pe.usps.com. JV 30 days after the date of mailing.
Insurance Coverage:The Postal Service provides insurance only in accordance Indemnity Claims:Either the mailer or the,addressee,may file an indemnity claim
with postal regulations in the DMM,which is available at pe.usps.comtThe DMM for loss,delay,damage forimissin contents.The claimant may submit theclaimb
sets forth the specifti'c types of losses that ate'.co'vered,the limflations'on coverage,
online at usps.com or„by using PS'F6Mn 1060,'Domes6c or International Claim—
terms of nsurance,Iconditions of payment,and adjudication procedures.The DMM for more,informatlon-see,Publication d22,Customer,Guide,to Filing Domestic
consists of federal regulations,.and USPS personnel are not authorized to change or Insurance Claims or Registered Mail tnquiiies.,The timelines for i lainis-are asM
waive these regulations or grant exceptions.A mailer who requires information on follows:claims for loss�or•°delays no sooner than 7 daysl but no,later than 60 days
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1. Insurance coverage extends to the actual value of the contents at the time of copy of the Priority Mail Express label for claims.purposes.For claims involving
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Please do not remail.Thank you for choosing Priority Mail Express service.
LABEL 11-B,JANUARY 2014 PSN 7690-024069996 2-CUSTOMER COPY(REVERSE)
o�Og�FfO�,�►
�oG
ELIZABETH A. NEVILLE,MMC may, y Town Hall,53095 Main Road
TOWN CLERKo PO Box 1179
N Southold,New York 11971
REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145
MARRIAGE OFFICER ya��' Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www southoldtownny gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 21, 2017
Town of Southold, New York 2 0 2 9 6 2 0 2 L.4 U S
Fishers Island Ferry District Improvements E K --
(Our File Designation: 2615/4173 1) --- --
Mr Robert Smith
Hawkins, Delafield & Wood
28 Liberty Street, 42nd Floor
New York, NY 10005
Dear Mr. Smith:
Enclosed please find the following documentation for the above referenced bond:
1. Extract of Minutes Public Hearing with certification
2. Extract of Minutes Town Board Special Meeting with certification
3. Resolution and Order after Public Hearing resolution
4. Bond resolution
5. Proof of recording with the County Clerk
6. Copy of Legal Notice of adopted Bond—Town Clerk Bulletin Board/Suffolk Times
Please let me know if there is anything else you require for you file at this time.
Very truly yours,
J� ju-�Vv'%z4.-,
Lynda M Rudder
Deputy Town Clerk
encs
cc: Town Attorney
bond file
EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of Southold, in the County of Suffolk, New York
June 12, 2017
A special 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 June 12, 2017.
There were present: Hon. Scott A. Russell, Supervisor; and
Board Members: William P. Ruland
James Dinizio Jr.
Robert Ghosio
There were absent: Louisa P. Evans
Jill Doherty
Also present: Elizabeth A. Neville, Town Clerk
William Duffy, Town Attorney
The Supervisor stated that a public hearing had been called for this
meeting at the Town Hall, 53095 Main Road, Southold, New York, at 6:00 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 four existing timber ferry terminal fender pilings
at the aggregate estimated maximum cost of$600,000, 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:
J
I
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 June 12, 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
12th day of June, 2017.
(SEAL) Town Clerk
i
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i
i
I
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�7
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
Offered by: Councilman William Ruland
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$600,000 for the
increase and improvement of facilities of the District, consisting of the replacement of
four existing timber ferry terminal fender pilings, as described in the Engineering Report
dated May 2017 prepared by Docko, Inc. The estimated maximum cost thereof,
including preliminary costs and costs incidental thereto and the financing thereof, is
$600,000. The plan of financing includes the issuance of bonds in the principal amount
of $600,000 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 $600,000 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:
f
r
(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. 46 of the
Law, is twenty (20) 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 princiipal 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 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
i
_j
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 81.10 of the Local Finance Law of the State of New York.
(NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION)
NOTICE
The resolution, a summary of which is published herewith, has been adopted on June 12,
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: June I12, 2017
Southold, New York
Elizabeth A. Neville
Town Clerk
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
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 four existing timber ferry terminal fender pilings, at the estimated
maximum cost of$600,000.
The maximi amount of obligations authorized to be issued is $600,000.
, 3
The period of probable usefulness is twenty (20) 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.
The adoption of the foregoing Resolution was seconded by
Councilman James Dinizio, Jr and duly put to a vote on roll call, which resulted as
follows:
AYES: Supervisor Scott A. Russell
Councilman James Dinizio, Jr
Councilman William Ruland
Councilman Robert Ghosio
NOES: None
ABSENT: Councilwoman Jill Doherty
Justice Louisa Evans
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 June 12, 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
12th day of June, 2017.
(SEAL) Town Clerk
RESOLUTION 2017-538
ADOPTED DOC ID: 13146
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-538 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 12, 2017:
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 June
12, 2017.
PRESENT:
Hon. Scott A. Russell, Supervisor
William P. Ruland, Councilman
James Dinizio, Jr., Councilman
Robert Ghosio, Councilman
ABSENT:
Louisa P. Evans, Justice
Jill Doherty, Councilwoman
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
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the
"the "District"), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to
the resolution of the Board of Commissioners of the District, 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
Resolution 2017-538 Board Meeting of June 12, 2017
WHEREAS, on May 23, 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 four existing timber ferry terminal fender pilings, as described in the
Engineering Report dated May 2017 prepared by Docko, Inc., at the aggregate estimated
maximum cost of$600,000, 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 June 12, 2017 at 6:00 o'clock P.M. (Prevailing Time) at the Town Hall, 53095
Main Road, Southold,New York; and
WHEREAS, a Notice of such public hearing was duly published and posted
pursuant to the provisions of Article 12 of the Town Law; and
WHEREAS, such public hearing was duly held by the Town Board on June 12,
2017 at 6:00 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 and the Town have given due consideration to the impact
that the project may have upon the environment, including review of a Short Environmental
Assessment Form and a Full Environmental Assessment Form and, on the basis of such
consideration, the District, acting as lead agency, pursuant to the New York State Environmental
Quality Review Act (hereinafter sometimes called "SEQRA") has found and determined that the
project will not result in any large or important impacts and, therefore, is a project that will not
have a significant impact on the environment, and a Negative Declaration has been prepared; and
the Town Board of the Town has adopted and accepted the determinations made by the District
relating to SEQRA;
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 $600,000;
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 Town Board 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 the Town Attorney, 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,
Updated: 6/14/2017 11:57 AM by Elizabeth A. Neville Page 2
Resolution 2017-538 Board Meeting of June 12, 2017
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.
ajaA4(�?'oeae�'&
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:James Dinizio Jr, Councilman
AYES: James Dinizio Jr, William P. Ruland, Robert Ghosio, Scott A. Russell
ABSENT: Jill Doherty, Louisa P. Evans
Updated: 6/14/2017 11:57 AM by Elizabeth A. Neville Page 3
RESOLUTION 2017-539
' + ADOPTED DOC ID: 13147
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-539 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 12, 2017:
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
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 $600,000 for the
increase and improvement of facilities of the District, consisting of the replacement of four
existing timber ferry terminal fender pilings, as described in the Engineering Report dated May
2017 prepared by Docko, Inc. The estimated maximum cost thereof, including preliminary costs
and costs incidental thereto and the financing thereof, is $600,000. The plan of financing
includes the issuance of bonds in the principal amount of$600,000 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$600,000 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:
Resolution 2017-539 Board Meeting of June 12, 2017
(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. 46 of the Law, is
twenty (20) 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
Updated: 6/7/2017 10:25 AM by Lynda Rudder Page 2
Resolution 2017-539 Board Meeting of June 12, 2017
(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.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:James Dinizio Jr, Councilman
AYES: James Dinizio Jr, William P. Ruland, Robert Ghosio, Scott A. Russell
ABSENT: Jill Doherty, Louisa P. Evans
Updated: 6/7/2017 10:25 AM by Lynda Rudder Page 3
J
LEGAL NOTICE
The resolution, a summary of which is published herewith, has been adopted on June 12,
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: June 12, 2017
Southold, New York
Elizabeth A. Neville
Town Clerk
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
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 four existing timber ferry terminal fender pilings, at the estimated
maximum cost of$600,000.
The maximum amount of obligations authorized to be issued is $600,000.
The period of probable usefulness is twenty (20) 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.
PLEASE PUBLISH ON JUNE 22, 2017, AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN.HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Town Board Members Town Attorney
Town Clerk's Bulletin Board Bond Counsel
DELARELD&WOOD LLP
PHONE 212-820-9300 28 LIBERTY STREET NEW YORK
FAX. 212-514-8425 NEW YORK,NY 10005 WASHINGTON
(212) 820-9662 WWW.HAWKINS COM NEWARK
June 6, 2017 HARTFORD
LOS ANGELES
Town of Southold,New York SACRAMENTO
SAN FRANCISCO
Fishers Island Ferry District Improvements PORTLAND
(Our File Designation: 2615/41731)
Scott A. Russell
Supervisor
Town of Southold
53095 Main Road
Southold, New York 11971
Dear Scott:
tx
With respect to the 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
June 12, 2017, (ii) Resolution and Order After Public Hearing proposed to be adopted on June 12,
2017, (iii) Bond Resolution proposed to be adopted on June 12, 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,
y�Pacol
Robert P. Smith
RPS/ml
Enclosures
T, :1
EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of Southold, in the County of Suffolk, New York
June 12, 2017
A special 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 June
12, 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 6:00 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 four existing timber ferry terminal fender pilings at the aggregate estimated maximum cost of
$600,000, 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
1, 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 June 12, 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 12th day
f
of June, 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 June
12, 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
"the "District"), in the Town of Southold (the "Town"), Suffolk County, New York, pursuant to
the resolution of the Board of Commissioners of the District, 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 May 23, 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 four existing timber ferry terminal fender pilings, as described in the
Engineering Report dated May 2017 prepared by Docko, Inc., at the aggregate estimated
maximum cost of$600,000, 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 June 12, 2017 at 6:00 o'clock P.M. (Prevailing Time) at the Town Hall, 53095
Main Road, Southold, New York; and
WHEREAS, a Notice of such public hearing was duly published and posted
pursuant to the provisions of Article 12 of the Town Law; and
WHEREAS, such public hearing was duly held by the Town Board on June 12,
2017 at 6:00 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 and the Town have given due consideration to the impact
that the project may have upon the environment, including review of a Short Environmental
Assessment Form and a Full Environmental Assessment Form and, on the basis of such
consideration, the District, acting as lead agency, pursuant to the New York State Environmental
Quality Review Act (hereinafter sometimes called "SEQRA") has found and determined that the
project will not result in any large or important impacts and, therefore, is a project that will not
have a significant impact on the environment, and a Negative Declaration has been prepared; and
the Town Board of the Town has adopted and accepted the determinations made by the District
relating to SEQRA;
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 $600,0.00;
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 Town Board 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 the Town Attorney, 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: June 12, 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 June 12, 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 12th
day of June, 2017.
(SEAL) Town Clerk
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
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 $600,000 for the
increase and improvement of facilities of the District, consisting of the replacement of four
existing timber ferry terminal fender pilings, as described in the Engineering Report dated May
2017 prepared by Docko, Inc. The estimated maximum cost thereof, including preliminary costs
and costs incidental thereto and the financing thereof, is $600,000. The plan of financing
includes the issuance of bonds in the principal amount of$600,000 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 $600,000 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. 46 of the Law, is
twenty (20) 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 June 12,
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 12th day of June,
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 June 12, 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: June 12, 2017
Southold, New York
Elizabeth A. Neville
Town Clerk
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
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 four existing
timber ferry terminal fender pilings, at the estimated maximum cost of$600,000.
The maximum amount of obligations authorized to be issued is $600,000.
The period of probable usefulness is twenty (20) 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.
�oSgFF04C49,
ELIZABETH A. NEVILLE,MMC �y� Gy Town Hall,53095 Main Road
TOWN CLERK o PO Box 1179
CA a Southold, New York 11.971
REGISTRAR OF VITAL STATISTICS 0 ® Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ��l � Telephone(63 1)765-1300
www southoldtownny gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 14, 2017
Town of Southold, New York /'-I _. - — - ---- -
Fishers Island Ferry District Improvements 'E K 2 0 2 9 6 2 015 U S1
(Our File Designation: 2615/4173 1) - -- - — -
Mr Robert Smith
Hawkins, Delafield & Wood
28 Liberty Street, 42"d Floor
New York, NY 10005
Dear Mr. Smith:
Enclosed please find the following documentation for the above referenced bond:
1. Resolution ratifying FIFD Board of Commissioners request
2. Resolution setting Special Meeting Date
3. Resolution setting the Public Hearing
4. Notice of Public Hearing that appeared on Town Clerk Bulletin Board
5. Certification of Posting
6. Affidavit of Publication
Please let me know if there is anything else you require for you file at this time.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
encs
cc: Town Attorney
bond file
Rudder, Lynda
From: legal <legal@theday.com>
Sent: Wednesday, June 14, 2017 11:06 AM
To: Rudder, Lynda
Subject: RE: legal notice FIFD for publication
Attachments: 23810_Southold_S_D203243_14062017_Day Legal Ad Proof.docx
Good morning, Lynda:
Attached is the proof for your ad, #23810, set to publish June 22, 2017 in The Day.
Three affidavits have been ordered. Thank you.
c5haron 6Yoret
Classified Sales Representative
The Day Publishing Company
47 Eugene O'Neill Drive
New London, CT 06320
860 701.4276
heday
From: Rudder, Lynda [ma iIto:lynda.rudder@town.southo Id.ny.us]
Sent: Wednesday,June 14, 2017 10:33 AM
To: legal; Fog Horn (ficommunityboard@pmail.com)
Subject: legal notice FIFD for publication
Please publish in your next edition and supply me with three (3) affidavits of publication
1
Rudder, Lynda
From: legal <legal@theday.com>
Sent: Wednesday, June 14, 2017 11:49 AM
To: Rudder, Lynda
Subject: RE: legal notice FIFD for publication
Attachments: 23810_Southold_S_D203243_14062017_Day Legal Ad Proof.docx
Lynda:
Attached is the proof for your ad, 23810, reflecting the changes.
Thank you,
(5haron 6Yoret
Classified Sales Representative
The Day Publishing Company
47 Eugene O'Neill Drive
New London, CT 06320
860.701 4276
&Uheday
From: Rudder, Lynda [mailto:lvnda.rudder@to wn.southold.ny.us]
Sent: Wednesday,June 14, 2017 11:35 AM
To: legal
Subject: RE: legal notice FIFD for publication
That looks fine. Please change the billing to Town Clerk not Planning
From: legal [mailto:leaal@theday.com]
Sent: Wednesday, June 14, 2017 11:06 AM
To: Rudder, Lynda
Subject: RE: legal notice FIFD for publication
Good morning, Lynda:
Attached is the proof for your ad, #23810, set to publish June 22, 2017 in The Day.
Three affidavits have been ordered. Thank you.
(5haron (Foret
Classified Sales Representative
The Day Publishing Company
47 Eugene O'Neill Drive
New London, CT 06320
860.701.4276
�
eday
From: Rudder, Lynda [ma iIto:lynda.rudder@town.southo Id.ny.us]
Sent: Wednesday,June 14, 2017 10:33 AM
To: legal; Fog Horn (ficommunityboard@gmail.com)
Subject: legal notice FIFD for publication
Please publish in your next edition and supply me with three (3) affidavits of publication
2
SUMMARY OF RESOLUTION 2017-538
"Improvements to Fishers Island Ferry Terminal"
THE PROPOSED RESOLUTION FOR WHICH A PUBLIC HEARING IS BEING HELD THIS
EVENING PROPOSES IMPROVEMENTS TO THE FISHERS ISLAND FERRY TERMINAL.
IT HAS BEEN PROPOSED TO THE TOWN BOARD THAT CERTAIN FEATURES AT THE
FISHERS ISLAND FERRY TERMINAL ARE IN NEED OF REPAIR. SPECIFICALLY, THE
REPLACEMENT OF FOUR EXISTING TIMBER FERRY TERMINAL FENDER PILINGS
MAY NEED TO BE REPLACED. THE MAXIMUM ESTIMATED COST OF THIS REPAIR IS
$600,000.
THIS PUBLIC HEARING IS BEING HELD TO GIVE THE LOCAL COMMUNITY AN
OPPORTUNITY TO BE HEARD WITH REGARDS TO THIS PROPOSED PROJECT.
THE FULL TEXT OF THE PROPOSAL HAS BEEN MADE AVAILABLE FOR REVIEW
IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE
SUMMARY OF BOND RESOLUTION 2017-539
THE PROPOSED RESOLUTION FOR WHICH A PUBLIC HEARING IS BEING HELD THIS
EVENING PROPOSES TO ISSUE BONDS IN THE AMOUNT OF $600,000 FOR THE
CONSTRUCTION OF REPLACEMENT PILINGS FOR THE FACILITIES AT THE FISHERS
ISLAND FERRY DISTRICT DOCK.
THE PURPOSE OF THE BONDS IS TO FINANCE THE CONSTRUCTION COSTS OF THIS
FERRY DOCK REPAIR.
SPECIFICALLY, THE AMENDMENT IF ADOPTED WOULD AUTHORIZE THE TOWN OF
SOUTHOLD TO ISSUE BONDS UP TO A MAXIMUM OF $600,000. THIS $600,000
AMOUNT IS BASED UPON THE ESTIMATED MAXIMUM COST OF THE PROJECT,
INCLUDING PRELIMINARY COSTS, COSTS INCIDENTAL THERETO, AND THE
FINANCING THEREOF.
THE PROPOSED BONDS SHALL MATURE NO LATER THAN FIVE YEARS AFTER THE
DATE OF THE ISSUANCE OF THE BOND.
THE TOWN OF SOUTHOLD IS EMPOWERED TO PROPOSE SUCH A BOND
RESOLUTION PURSUANT TO THE PROVISIONS OF THE LOCAL FINANCE LAW OF
THE CONSOLIDATED LAWS OF THE STATE OF NEW YORK.
THE FULL TEXT OF THE PROPOSED BOND RESOLUTION IS AND HAS BEEN
AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE
TOWN'S WEBSITE
#0002071930
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of
Southold,County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 06/01/2017
lli�Cr--
Principal Clerk
Sworn to before me this day of
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No 01V06105050
Buollfled In Suffolk County
My COMMI400n EAp1141 February 28,2020
of
TYPESET Fri May 26 15.22:00 EDT 2017
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the
Town Board of the Town of Southold,in the
County of Suffolk,State of New York,will
meet at the Town Hall, 53095 Main Road,
Southold, New York, on June 12, 2017, at
6:00 o'clock P.M.(Prevailing Time),for the
purpose of conducting a public hearing in
relation to the increase and improvement of
facilities of the Fishers Island Ferry District,
consisting of the replacement of four existing
timber ferry terminal fender pilings at the
aggregate estimated maximum cost of
$600,000.
At said public hearing,the Town Board will
hear all persons interested in said subject mat-
ter thereof
Dated: May 23,2017
Southold,New York
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK,
STATE OF NEW YORK
Elizabeth A.Neville,Town Clerk
Town of Southold
2071930
Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Thursday, May 25, 2017 9:22 AM
To: Rudder, Lynda
Subject: Re FIFD bond for publication
Good morning,
The legal notice has been scheduled to be published in the 6/1 edition of the Suffolk Times along with receiving the 3
affidavits.
Thank you!
IF TIMES
nREVrEW
Lindsay Denston
Assistant Sales Coordinator
631.298.3200 ext. 235
631.354.8032 (direct)
631.298.0410(fax)
Ldenston@timesreview.com
www.timesreview.com
From: "Rudder, Lynda" <Iynda.rudder@town.southold.ny.us>
Date:Thursday, May 25, 2017 8:30 AM
To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,
Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold
Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James"
<lames.dinizio@town.southold.ny.us>, "Doherty,Jill" <fill.doherty@town.southold.ny.us>, "Doroski, Bonnie"
<Bonnie.Doroski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, Louisa Evans
<lpevans06390@gmail.com>, "Neville, Elizabeth" <E.Nevil le@town.southoId.ny.us>, "Noncarrow, Denis"
<denisn@southoldtownny.gov>, "Rudder, Lynda" <Iynda.rudder@town.southold.ny.us>, "Russell, Scott"
<scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle"
<michellet@town.southold.ny.us>, William Ruland <rulandfarm@yahoo.com>, "Duffy, Bill"
<billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary"
<marys@southoldtownny.gov>
Subject: FIFD bond for publication
Please publish in the 6/1 edition of the Suffolk Times and Town website. Also please provide three (3) affidavits of
publication
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of
Southold, in the County of Suffolk, State of New York, will meet at the Town Hall,
53095 Main Road, Southold, New York, on June 12, 2017, at 6:00 o'clock P.M.
(Prevailing Time), for the purpose of conducting a public hearing in relation to the
increase and improvement of facilities of the Fishers Island Ferry District, consisting of
the replacement of four existing timber ferry terminal fender pilings at the aggregate
estimated maximum cost of$600,000.
At said public hearing, the Town Board will hear all persons interested in
said subject matter thereof.
Dated: May 23, 2017
Southold,New York
BY ORDER OF THE TOWN BOARD OF
THE TOWN OF SOUTHOLD, COUNTY
OF SUFFOLK, STATE OF NEW YORK
Elizabeth A. Neville, Town Clerk
Town of Southold
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 30 day of May , 2017, a notice
of which the annexed printed notice is a true copy was affixed, in a proper and substantial
manner, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
PH 6/12/17 6:00 pm—FIFD Bond
c
izabeth A. Neville
outhold Town Clerk
Sworn before me this
30 day of Ma ) 2017.
N tary Public
LYNDA M. RUDDER
Notary Public, State of New York
No 01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,20ft
a
Southold Town Board - Letter Board Meeting of May 23, 2017
RESOLUTION 2017-472 Item # 5.25
°f ADOPTED DOC ID: 13080
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-472 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 23, 2017:
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the
"District"), in the Town of Southold, Suffolk County, New York, pursuant to a resolution duly
adopted and a petition in due form, has requested that the Town Board of the Town of Southold
(herein called the "Town"), in the County of Suffolk, New York, on behalf of the District, call a
public hearing to hear all persons interested in the subject thereof, being the replacement of four
existing timber ferry terminal fender pilings, as described in the Engineering Report dated May
2017 prepared by Docko, Inc., at the aggregate estimated maximum cost of $600,000, and the
Town Board has determined that it is in the best interests of the Town and the District to increase
and improve the facilities of the District pursuant to Section 202-b of the Town Law and to hold
said public hearing, as requested; and
WHEREAS, the District and the Town have given due consideration to the impact
that the project may have upon the environment, including review of a Short Environmental
Assessment Form and a Full Environmental Assessment Form and, on the basis of such
consideration, the District, acting as lead agency, pursuant to the New York State Environmental
Quality Review Act (hereinafter sometimes called "SEQRA") has found and determined that the
project will not result in any large or important impacts and, therefore, is a project that will not
have a significant impact on the environment, and a Negative Declaration will be prepared;
Now, therefore, the,Town Board hereby determines to commence proceedings
under Section 202-b of the Town Law and the Town Board adopts and accepts the
determinations made by the District relating to SEQRA, as described above; it is hereby
ORDERED, that a meeting of the Town Board of the Town be held at the Town
Hall, 53095 Main Road, Southold, New York, on the June 12, 2017 at 6:00 o'clock P.M.
(Prevailing Time) to consider said increase and improvement of facilities of the District 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; and
FURTHER ORDERED, that the Town Clerk publish at least once in the "The
Suffolk Times, " hereby designated as the official newspaper of the Town for such publication,
and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the
Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A,
certified by said Town Clerk, the first publication thereof and said posting to be not less than ten
(10) nor more than twenty (20) days before the date of such public hearing.
Generated May 23, 2017 Page 35
,.Southold Town Board - Letter Board Meeting of May 23, 2017
Exhibit A
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold,
in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road,
Southold, New York, on June 12, 2017, at 6:00 o'clock P.M. (Prevailing Time), for the purpose
of conducting a public hearing in relation to the increase and improvement of facilities of the
Fishers Island Ferry District, consisting of the replacement of four existing timber ferry terminal
fender pilings at the aggregate estimated maximum cost of$600,000.
At said public hearing, the Town Board will hear all persons interested in said
subject matter thereof.
Dated: May 23, 2017
Southold,New York
BY ORDER OF THE TOWN BOARD OF THE
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK,
STATE OF NEW YORK
Elizabeth A. Neville, Town Clerk
Town of Southold
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated May 23, 2017 Page 36
Southold Town Board - Letter Board Meeting of May 23, 2017
RESOLUTION 2017-471 Item # 5.24
ADOPTED DOC ID: 13075
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-471 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 23, 2017:
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fishers Island Ferry District Board of Commissioners dated May 22, 2017
requesting a Bond Anticipation Note for dolphins and pilings repairs.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated May 23, 2017 Page 34
Southold Town Board - Letter Board Meeting of May 23, 2017
SUf f°(f
��. RESOLUTION 2017-470 Item # 5.23
g E
7
ADOPTED DOC ID: 13096
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-470 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 23, 2017:
RESOLVED that the Town Board will hold a special Town Board meeting of the Southold
Town Board at 6:00 P.M. on Monday, June 12, 2017 in the MeetinIz Hall at the Southold
Town Hall, 53095 Main Road, Southold, New York for the purpose of holding a public
hearing regarding the adoption of a Fishers Island Ferry District Bond for replacement of four
existing timber ferry terminal fender pilings.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated May 23, 2017 Page 33
i
DELARELD&WOODLLP
PHONE. 212-820-9300 28 LIBERTY STREET NEW YORK
NEW YORK,NY 10005 WASHINGTON
FAX. 212-514-8425 WWW HAWKINS.COM NEWARK
HARTFORD
(212) 820-9662 May 22, 2017 LOS ANGELES
SACRAMENTO
Town of Southold,New York SAN FRANCISCO
PORTLAND
Fishers Island Ferry District ANN ARBOR
(Our File Designation: 2615/41731)
Scott A. Russell
Supervisor
Town of Southold
53095 Main Road
Southold, New York 11971
Dear Scott:
Pursuant to my discussions with representatives of the Town and the Fishers
Island Ferry District, I have prepared the attached Order Calling for a Public Hearing for the
improvement of facilities of the Fishers Island Ferry District, pursuant to Section 202=b of the
Town Law.
Also enclosed is the Notice of Public Hearing which appears as Exhibit A to the
Order. Please arrange for publication of the Notice at least once in the official Town newspaper
and posting of the Notice on the sign board of the Town maintained pursuant to subdivision 6 of
Section 30 of the Town Law, not less than ten (10) nor more than twenty (20) days before the
date of the Public Hearing. I have enclosed the Affidavit of Posting to be signed by the Town
Clerk.
A certified copy of the Order, the executed Affidavit of Posting and an original
Affidavit of Publication should be returned to me when they are available.
With best regards, I am
Very truly yours,
y Po
Robert P. Smith
RPS/ml
Enclosures
cc: William Duffy, Esq.
Elizabeth A. Neville
Connie Solomon
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 the
23rd day of May, 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 Southold Town
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:
ORDER CALLING FOR A PUBLIC
HEARING TO BE HELD ON
JUNE 6, 2017
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the
"District"), in the Town of Southold, Suffolk County, New York, pursuant to a resolution duly
adopted and a petition in due form, has requested that the Town Board of the Town of Southold
(herein called the "Town"), in the County of Suffolk, New York, on behalf of the District, call a
public hearing to hear all persons interested in the subject thereof, being the replacement of four
existing timber ferry terminal fender pilings, as described in the Engineering Report dated May
2017 prepared by Docko, Inc., at the aggregate estimated maximum cost of $600,000, and the
Town Board has determined that it is in the best interests of the Town and the District to increase
and improve the facilities of the District pursuant to Section 202-b of the Town Law and to hold
said public hearing, as requested; and
WHEREAS, the District and the Town have given due consideration to the impact
that the project may have upon the environment, including review of a Short Environmental
Assessment Form and a Full Environmental Assessment Form and, on the basis of such
consideration, the District, acting as lead agency, pursuant to the New York State Environmental
Quality Review Act (hereinafter sometimes called "SEQRA") has found and determined that the
project will not result in any large or important impacts and, therefore, is a project that will not
have a significant impact on the environment, and a Negative Declaration will be prepared;
Now, therefore, the Town Board hereby determines to commence proceedings
under Section 202-b of the Town Law and the Town Board adopts and accepts the
determinations made by the District relating to SEQRA, as described above; it is hereby
ORDERED, that a meeting of the Town Board of the Town be held at the Town
Hall, 53095 Main Road, Southold, New York, on the June 6, 2017 at 7:30 o'clock P.M.
(Prevailing Time) to consider said increase and improvement of facilities of the District 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; and
FURTHER ORDERED, that the Town Clerk publish at least once in the "The
Suffolk Times, " hereby designated as the official newspaper of the Town for such publication,
and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the
f '
Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A,
certified by said Town Clerk, the first publication thereof and said posting to be not less than ten
(10) nor more than twenty (20) days before the date of such public hearing.
DATED: May 23, 2017
TOWN BOARD OF THE TOWN OF SOUTHOLD
(SEAL)
The adoption of the foregoing 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 Order was declared adopted.
CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suffolk, State of New York, DO HEREBY CERTIFY that I have compared the
preceding Order Calling for a Public Hearing with the original thereof filed in the office of the
Town Clerk on the 23rd day of May, 2017, and that the same is a true and correct copy of said
original and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said Town on this 23rd day of
May, 2017.
(SEAL)
Elizabeth A. Neville, Town Clerk
Town of Southold
Exhibit A
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold,
in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road,
Southold, New York, on June 6, 2017, at 7:30 o'clock P.M. (Prevailing Time), for the purpose of
conducting a public hearing in relation to the increase and improvement of facilities of the
Fishers Island Ferry District, consisting of the replacement of four existing timber ferry terminal
fender pilings at the aggregate estimated maximum cost of$600,000.
At said public hearing, the Town Board will hear all persons interested in said
subject matter thereof.
Dated: May 23, 2017
Southold,New York
BY ORDER OF THE TOWN BOARD OF THE
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK,
STATE OF NEW YORK
By
Elizabeth A. Neville, Town Clerk
Town of Southold
STATE OF NEW YORK )
:ss
COUNTY OF SUFFOLK )
AFFIDAVIT OF POSTING
Elizabeth A. Neville, being duly sworn upon her oath deposes and says:
That she is and at all the times hereinafter mentioned she was the duly qualified
and acting Town Clerk of the Town of Southold, in the County of Suffolk, State of New York;
that on the day of , 2017, she caused to be posted on the official
bulletin board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law,
a copy of the Notice of Public Hearing to be held on June 6, 2017, a copy of which is attached
hereto and made a part hereof.
Town Clerk
Subscribed and sworn to before me
this day of , 2017.
Notary Public, State of New York
RESOLUTION 2017-494
ADOPTED O TED DOC ID: 13090
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-494-WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 23, 2017:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 25th day of April, 2017, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 148 of the Town Code entitled `Flood Damage
Prevention"' and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 148 of the Town Code
entitled `Flood Damage Prevention"' reads as follows:
LOCAL LAW NO._10 of 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 148 of the Town
Code entitled `Flood Damage Prevention"'.
BE1' IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 148 of the Code of the Town of Southold is hereby amended as follows:
§148-6. Basis for Establishing the Areas of Special Flood Hazard.
A. The areas of special flood hazard for the Town of Southold, Community Number
360813, are identified and defined on the following documents prepared by the
Federal Emergency Management Agency:
(1) A scientific and engineering report entitled "Flood Insurance Study, Suffolk
County,New York (all jurisdictions), dated September 25, 2009.
(2) Flood Insurance Rate Map Panel Numbers:
36103C0017H, 36103C0018H, 36103C0019H, 36103C0036H, 36103C0037H,
36103C0038H, 36103C0039H, 36103C0041H, 36103C0043H, 36103C0063H,
36103C0064H, 36103C0066H, 36103C0067H, 36103C0068H, 36103C0069H,
36103C0079H, 36103C0083H, 36103C0084H, 36103C0086H, 36103C0087H,
36103C0088H, 36103C0089H, 36103C0091H, 36103C0095H, 36103C0105H,
36103C0106H, 36103C0107H, 36103C0115H, 36103C0139H, 36103C0141H,
• Resolution 2017-494 Board Meeting of May 23, 2017
36103C0142H, 36103C0143H, 36103C0144H, 36103C0154H, 36103C0157H,
36103C0158H, 36103C0159H, 36103C0161H, 36103C0162H, 36103C0163H,
36103C0164H, 36103C0166H, 36103C0167H, 36103C0168H, 36103C0169H,
36103C0176H, 36103C0177H, 36103C0178H, 36103C0181H, 36103C0182H,
36103C0184H, 36103C0186H, 36103C0188H, 36103C0192H, 36103CO205H,
36103C0477H, 36103C0479H, 36103C0481H, 36103C0482H, 36103C0483H,
36103C0484H, 36103C0491H, 36103C0492H, 36103C0501H, 36103C0502H,
36103C0503H, 36103C0504H, 36103C0506H, 36103C0507H, 36103C0508H,
36103C0511H
whose effective date is September 25, 2009, and any subsequent revisions to these
map panels that do not affect areas under our community's jurisdiction.
(3) Letter of Map Revision, Case Number 16-02-1018P, effective February ,
2017, amending Panel 36103C0167H of the Flood Insurance Rate Map.
B. The above documents are hereby adopted and declared to be a part of this chapter.
The Flood Insurance Study and/or maps are on file at the office of the Building
Department located at the Southold Town annex, 54375 Route 25, Southold,NY.
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Updated: 5/23/2017 2:59 PM by Lynda Rudder Page 2