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Meeting of the Town Board of the
Town of Southold, in the
County of Suffolk, New York
November 9, 1999
A regular meeting of the Town Board of the Town of Southold, in the County
of Suffolk, New York, was held at the Town Hall, Southold, New York, in said Town, on
November 9, 1999, at 8:00 o'clock P.M. (Prevailing Time)
There were present: Hon. Jean W. Cochran, Supervisor; and
Councilpersons:
Alice J. Hussie
Justice Louisa P. Evans
William D. Moore
Johrr M. Romanelli
Brian G. Murphy
There were absent: --
Also present:
Elizabeth A. Neville, Town Clerk
Gregory F. Yakaboski, Town Attorney
received:
The Town Clerk reportedthatthe ~llowing pertinentcommunicationshadbeen
None
The Town Clerk then read such communications to the meeting.
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.
Councilman
On motion of~, duly seconded by R,~,,,~,~,~m , the
following Resolution and Order After Public Hearing was duly declared adopted on the
following roll call vote:
AYES:
NOES:
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Supervisor Jean W, Cochran
None
The Town Clerk stated that a public hearing had been called for this meeting at
the Town Hall, Southold, New York, in said Town, at 8:00 o'clock P.M. (Prevailing Time) to
consider the increase in cost of the increase and improvement of facilities of the Southold
Solid Waste Management District, in the Town of Southold, as more particularly described in
the Order Calling Public Hearing To Be Held On November 9, 1999 (herein called the "Order
Calling Public Hearing") 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 read, in full, the Order Calling Public Hearing and
presented affidavits showing that certified copies of the Order Calling 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 the increase in cost of the increase and improvement of facilities
of the Southold Solid Waste Management District:
The following persons appeared in opposition to the increase in cost of said
increase and hnprovcmcnt of facilities of the $outhoid Solid Waste Management District:
A regular meeting of the Town Board of the Town
of Southold, in the County of Suffolk, New York,
was held at the Town Hall, in said Town, on the
9~ day of November, 1999.
PRESENT:
Hon. Jean W. Cochran, Supervisor
William D. Moore, Couneilperson
Louisa Evans, Justice
Alice Hussie, Councilperson
Brian G. Murphy, Councilperson
John M. Romanelli, Councilperson
In the Matter
of the
Increase and Improvement of facilities of the Southold
Solid Waste Management 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 Town Board of the Town of Southold (herein called ~Town
Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the
Southold Solid Waste Management District, heretofore established and now existing in the
Town (herein calle~l ~District~), has determined to increase and improve the facilities of the
District, by the purchase (i), at the estimated maximum cost of $132,000, one used, 25 ton
capacity, articulating, off-road dump truck for use in hauling sand, dirt, leaves, brush,
landclearing debris and mulch to and from processing and staging areas at the Southold
Landfill in Cutchogue, in the District, and (ii), at the estimated maximum cost of $30,000
(including the estimated cost of $9,500 for sewer and electrical hookups), one new office
trailer approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a
restroom facility, for use as a central office and break room for all employees at the said
Landfill, the estimated total cost thereof, including preliminary costs and costs incidental
thereto and the financing thereof in the sum of $8,000, being the amount of $170,000; and
WHEREAS. after a public hearing duly called and held on January 19, 1999,
the Town Board of the Town determined pursuant to the Resolution and Order After Public
Hearing duly adopted on January 19, 1999, that it is in the public interest to so increase and
improve the facilities of the District, and ordered that such facilities be increased and
improved at the estimated total cost of $170,000; and
WHEREAS, due to increased costs of materials and labor for the acquisition of
the new office trailer and the sewer and electrical hookup thereto, the estimated maximum cost
thereof has increased by the amount of $19,500 to $49,500 and the estimated total cost of said
increase and improvement of facilities is now $189,500, and it is necessary and desirable and
in the public interest and the best interests of the Town to increase the total appropriation
therefor by said amount of $19,500, from $170,000 to $189,500; and
WHEREAS, said $189,500 total estimated cost shall consist of the purchase
(i), at the estimated maximum cost of $132,000, one used, 25 ton capacity, articulating, off-
road dump truck for use in hauling sand, dirt, leaves, brash, landclearing debris and mulch to
and from processing and staging areas at the Southold Landfill, in Cutchogue, in the District,
and (ii), at the estimated maximum cost of $49,500 (including the estimated cost of $20,000
for sewer and electrical hookups and landscaping costs), said additional amount expected to be
paid by the expenditure of $19,500 from available funds of the District, one new office trailer
approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a
restroom facility, for use as a central office and break room for all employees at the said
Landfill, the estimated total cost thereof, including preliminary costs and costs incidental
thereto and the financing thereof in the sum of $8,000, being the aggregate amount of
$189,500; and
WHEREAS, pursuant to the Order Calling Public Hearing, adopted October 19,
1999, a public hearing was duly held by the Town Board on this 9~ day of November, 1999,
at 8:00 o'clock P.M. (Prevailing Time), at the Town Hall, 53095 Main Road, Southold, New
York, in the Town, and considerable discussion on the matter bas been had and ali person$
desiring to be heard have been heard, including those in favor of and those in Opposition to
said increase in cost to the increase and improvement of facilities of the Southold Solid Waste
Management District; and
WHEREAS, the Town Board bas given due consideration to the impact that the
increase and improvement of facilities of the District may have on the environment and on the
basis of such consideration, the Town Board has found that no substantial adverse
environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in every respect
with ail applicable federal, state and local laws and regulations regarding environmental
matters, including compliance with the New York State Environmental Quality Review Act,
comprising Article 8 of the Environmental Conservation Law and, .in connection therewith, a
duly executed Short Environmental Assessment Form has been filed in the office of the Town
Clerk;
NOW, THEREFORE, on thc 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 and referred to at the increased estimated
total cost of not to exceed $189,500; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved
as hereinabove described at the estimated maximum cost of $189,500 and, further, that the
Engineer heretofore retained by the Town Board shall prepare specifications and make careful
estimates of the expense of said increase and improvement of the facilities and with the
assistance of the Town Attorney, prepare a proposed contract or contracts therefor, which
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 so increasing and improving such
facilities shall be financed by the expenditure of $19,500 from available funds of the District,
and the issuance of not to exceed $170,000 serial bonds of the Town, and the costs thereof,
including payment of principal of and interest on said bonds, shall be assessed, levied and
collected from the several lots and parcels of land within said District by the Town Board in
the manner provided by law, but if not paid from such source, all the taxable property within
said Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or
amount, sufficient to pay the principal of and interest on said bonds~ and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this
Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within
ten (10) days after adoption hereof.
DATED: NOVEMBER 9, 1999
TOWN BOARD OF THE TOWN OF SOUTHOLD
(SEAL)
(,..) Jean W. Cochran
Supervisor
t/ '-r William'lS. Moore
Councilperson
Louisa Evans
Justice
Alic-9~t:~ssie 1~7
~ ,~"~ -~_ B~i°uanncGii n~U r~.,
John M. Romanelli
Councilperson
Members of the Town Board of the Town of Southold,
New York
Justice Evans offered the following resolution and moved its adoption:
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED NOVEMBER 9, 1999, AMENDING THE BOND
RESOLUTION ADOPTED JANUARY 19, 1999.
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 members of said Board) AS FOLLOWS:
Section (A) The bond resolution of said Town duly adopted by the Town Board
on January 19, 1999, entitled:
'Bond Resolution of the Town of Southold, New York, adopted
January 19, 1999, appropriating the amount of $170,000 for the
increase and improvement of facilities of the Southold Solid
Waste Management District, in said Town, and authorizing the
issuance of $170,000 serial bonds of said Town to finance said
appropriation ~
is hereby amended to read as follows:
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED JANUARY 19, 1999, AND AMENDED
ON NOVEMBER 9, 1999, APPROPRIATING THE AMOUNT
OF $189,500 FOR THE INCREASE AND IMPROVEMENT
OF FACILITIES OF THE SOUTHOLD SOLID WASTE
MANAGEMENT DISTRICT, IN SAID TOWN, INCLUDING
THE EXPENDITURE OF $19,500 FROM AVAILABLE
FUNDS OF THE DISTRICT, AND AUTHORIZING THE
ISSUANCE OF $170,000 SERIAL BONDS OF SAID TOWN
TO FINANCE THE BALANCE OF SAID APPROPRIATION.
Recital
WHEREAS, the Town Board of the Town of Southold (herein called the
"Town"), in the County of Suffolk, New York, acting on behalf of the Southold Solid Waste
Management District (herein called the "District"), in the Town, has heretofore determined to
increase and improve the facilities of the District as hereinafter described and, after a public
hearing duly called and held, said Town Board has determined, pursuant to the Resolution and
Order After Public Hearing duly adopted on January 19, 1999, that it is in the public interest
to so increase and improve the facilities of the District and ordered such facilities to be thus
increased and improved at the estimated maximum cost of $170,000, and provide for its
financing; and
WHEREAS, due to increased costs of materials and labor for the acquisition of
the new office trailer and the sewer and electrical hookup thereto, the estimated maximum cost
thereof has increased by the amount of $19,500 to $49,$00 and the estimated total cost of said
increase and improvement of facilities is now $189,500, and it is necessary and desirable and
in the public interest and the best interest of said Town to increase the total appropriation
therefor by said amount of $19,500, from $170,000 to $189,500;
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 ail the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $189,500 for the
increase and improvement of the facilities of the District heretofore authorized pursuant to the
Resolution and Order After Public Hearing referred to in the Recital hereof and shall purchase
(i), at the estimated maximum cost of $132,000, one used, 25 ton capacity, articulating, off-
'\
road dump truck for use in hauling sand, dirt, leaves, brush, landelearing debris and mulch to
and from processing and staging areas at the Southold Landfill, in Cutchogue, in the District,
and (ii), at the estimated maximum cost of $49,500 (including the estimated cost of $20,000
for sewer and electrical hookups and landscaping costs), said additional amount expected to be
paid by the expenditure of $19,500 from available funds of the District, one new office trailer
approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a
restroom facility, for use as a central office and break room for all employees at the said
Landfill. The estimated maximum cost of said specific object or purpose, including
preliminary costs and costs incidental thereto and to the financing in the amount of $8,000, is
$189,500. The plan of financing includes the expenditure of $19,500 from available funds of
the District, and the issuance of not to exceed $170,000 serial bonds of the Town to finance
the balance of said appropriation, and such amount, including installments of principal and
interest on such bonds, shall be assessed, levied and collected from the several lots and parcels
of land within said District by the Town Board in the manner provided by law, but if not paid
from such source, all the taxable property within said Town shall be subject to the levy of an
ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and
interest on said bonds.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the
principal amount of $170,000 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
"Law"), to finance the balance of said appropriation.
Section 3. The following additional matters are hereby determined and
declared:
'\
(a) The period of probable usefulness of each item of the sPeCific object or
purpose for which said $170,000 serial bonds are authorized to be issued, within the
limitations of Section 11.00 a. 6 of the Law, is hereby determined to be ten (10) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for expenditures
made after the effective date of this resolution for the purpose for which said bonds are
authorized. The foregoing statement of intent with respect to reimbursement is made in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The Town Board has determined and found that pursuant to the applicable
provisions of the State Environmental Quality Review Act ("SEQRA") no substantial adverse
environmental impact will be caused by the increase and improvement of facilities of the
District.
(d) 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 without limitation as to
rate or amount. 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 relative to the authorization of the issuance of
bonds having 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 of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing their terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and any other bonds heretofore or hereafter
authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the
renewals of said bond anticipation notes, 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 arc 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
(e) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This reSOlution shall take effect immediately.
Section (B) The amendment of the bond reSOlution set forth in section A of this
reSOlution shall in no way affect the validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond reSOlution, and all such liabilities incurred, obligations
issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said
bond reSOlution, as SO amended.
Section (C). This resolution shall take effect immediately.
Councilman
The adoption of the foregoing resolution was seconded by Romanelli and duly
put to a vote on roll call. which resulted as follows:
Councilwoman Alice J. Hussie
AYES: Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
NOES: None
The resolution was declared adopted.
offered the following resolution and moved its adoption:
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. The Town Clerk is hereby directed to publish the foregoing bond
resolution, in full, in the "SUFFOLK TIMES," a newspaper published in Mattituck, New
York, and 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.
Section 2. This resolution shall take effect immediately.
The adoption of the foregoing resolution was seconded by Councilman Romanelli
and duly put to a vote on roll call, which resulted as follows:
Councilwoman Alice J. Hussie
AYES: Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
NOES:
None
The resolution was declared adopted.
CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, in the
County of Suffolk, 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 November
9, 1999, 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 9~ day of
November, 1999.
(SEAL)
Tbwn Clerk
~07454.1 0206~9 RES
~ t~e faclfator of the
i~lm~'in~e~and'
~ dul~ ca~d and
~timat~ ~
$1~,~, a~ '~o~ ~ its fl-
Ute i~n~d
es~d ~um cost
$1~, ~ ~' ~ ~
~ c~t of
~ s~9~
~ ~t~,
declared:
· la) The period of probable u~-
ful~aa of each item of the specmc
o~~ Or pu~ose for which said
Sc~ion 11.~ a. 6 of the Law, is here-
~ dete~ed to ~ ten (10) years.
(bi ~ pr~eeds o[ the bonds
· herein authorized and any bond
pation of ~d ~nds may be applied
to ~i~b~ the Town fo~ expendi-
~ ~lufion for the pu~se for
wh~h ~ ~nds are authorized.~e
f~e~g s~tement of intent with
~(~ty ~th Treasury RegulaUon
~bn 1.1~2 o{ the United
~u~ Department.
-(¢) ~e Town Board has de-
the nppfi~ble provisions of the Sta~
Envir~mental Qoality Review A~
("SEO~") no substantial adve~
f~lities of the District,
(d) ~e proposed maturity of the
~ auth~zed by this resolution
~11 ex,ed five (5) years.
~ion 4. Each of the ~nds n~
~ed by this resolution and ~Y
~d anticipation notes issued
~t~pnfion of said ~nds shall ~n-
lain the re~ of validity pres~
by S~tion 52.~ of the Law and ~
~n~ ~d ~y notes issued in ~-
~tion ~d ~nd~ shall be gen~
obi gati~s of the Town. payab~
to ~th p~cipal and interest ~
p~pe~y ~thin the Town ~t~
limitation ~ to rate or amount.
faith and ~edit of the Town
h~eby i~evocably pledged to
punctual payment of the pfincip~ of
and interest on said ~nds and
~ of said ~nds and provision
~ made a~ually in th~ bud~t
the Town by appropriation f~
the amo~ization and redemp~ of
such year and (b) the payment of
interest to be du~ and paynb~
such year.
Section 5. Subiecl to thc provi-
sions of this resolution and of thn
Law and pursuant to the provi.~i~ns
of Section 21.00 relative to the
authorization of the issuance of
bonds having substantially I¢,~l-or
declining annual debt ~l~ce, ~
Section 30.00 relative to thea~bo~
anticipation notes, and Se~ti~a ~0.00 ~.~O
and Sections 56.00 to 60.00 of the f Mattituck, tn said
Law, thc powerS and dutie~ ~ the
Town Board relative to autl~g [orI'l, says
room f~ all eu~ bond anticipation notes and pre- TL~_~,
scribing their termS, form ~ ~ '~ SUFFOI~K
tents and as to thc sale and ~ /bltshed at Mattituck, in
of the bonds herein nuthatch* ~
~ d
~a- other bonds heretof~= ~ i, County of suffo_lR ~ch
~ any .... nd of ~'~ ...... ,h,~ Notice o! wm
~i" ..... " ' .i.' '
.d--'e~.mf,e~tL,,tifd,'~tdsof the tnecm~,~ ,~ ~nd~ of tho ~
~tance the umam,~ ,,. ,..~n~ authorized by thi~ ~
.ad s~:h a~ount; ~%f any notes issue~ ~ a~- 9
in~n~ll~...°f~lmm~n~l~~, tS'&pationofsaidbond$,nm~°'eeOn' ~ ·., \. h J '
~ ~ ~teo ~mu. t~ such obligati~ ~ ~
~ ~ ~ ._. _ thofized tot ~ o~ ~ ~p~ Clerk
~ ~. dzeo ~ ~ ~ ~ORK
~'~ ~" '" ~ n{ should be compB~ ~ ~
....... a" olutlon ~; .., o~ t~OL~ ~D O0
d({~mm~s'~'' ..a an action, suit m~ -
~ s~ns ( ) ....
m ~ t~ ~1- immodiatdY.
tm~ ~n~ ~{t~r ~e effe~iv~ date of
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK.)
\J (~ OJ~..~, [~[-J I I ~ t ~ of Mattltuck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weekly newspaper, published at Mattltuck, 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 regu-
larly published in sald Newspaper once each
week for I weeks successively,
commencing ,on. the' I ~4-h day
of N[OVO D// m.
e~illlated mnxtmu~a :' · c~o~t of
brml~'land~lm~m8 . .d~, .s!id ~gld~ interest to 1~ du~ ~ ~b~ in
~.~. ~'~'~. , '-
,'~ ~ ;~ ~,, ~: .~W=~ ~'~" ~ ~ Pr°~om
_ ~8 ., .~..~~~ ~f ~ 21.~,~hti~ to the
~~~.. ~~~l au~ of the ~n~ of
· ~ ~ ~ ~vel. ~
~.~ a~
~ ~ ~nd
Toff ~ ~ to a,~saizins
and o~ ~"nmfs%~ in ~,
tkql~km d alid Ixiidk may be con-
'- (Iii d~.~ssoiMi~, d ku~vMth
wire at the
-- cst to so increas~ and improVc thc
~M at ~ ~ to~ ~
,> ~_ -'~.~:~m~.~ .... ~xewYor~' ~a u~, ..... ~em~-
· ~ ~ ~, ~~~ ~tate ox ,,~ . . ~-~ed copy. n~ ucc- - ~
~ · V~ , ~; ~ ' ~_~ ~,, nub~s~ea ut o~ ;.~ ~uccessivety,
~ ~~~ wee~ for x .=~ ~y+~ ~ay
~]Z ~-~ ,;; ' ~~l~,~t CO~Ctx~¥'~ / ,n~ . ,
~~a-- ~.,~:~m~) of ~ ~ . · ~ , ~ '
~~. ~:~ ~ ~ ~ ~ ~ctp~ cter~
~-- - ~~,~ ( I ....
~:. .~ Sworn to before me ~s JO~!~O~l O~t
'1 ~ ~ ~t~ r .... ' ~
S ~ ~ )
The resolution published here-
with has I~L~t~:] .an the
the va hdity, oir .ff/l~.~j~l]i~atinns
authorized' by ~u~:~'~lution
may be bereat~r contested only
if sunh obligations were autho-
rized for an object .or purpose
for .which 4he TOWN OF
SOUTHOLI~in the County of
Suff~g~c, New Y oflq. is not antho-
riz~d Io~xpead money or if the
provisions of law which should
have been ¢0mplied with as of'
the dato. of l~blication of this
No~ice wer~_~ot substantially
complied with, and an action,
suit or pro;~a~,ding contesting
such,validigy is commenced
within twenty days after the
publication/6f this Notice, or
such obligations were autho-
rii,ml in viniation 9,f the provi-
sions of the';coni~ifl/tion.
Town Clerk
'BOND RESOLLrrloN OF THE
'I~)WN OF SOUTHOLD, NEW
YORK, ADOPTED JANUARY
~!~, 1999, ,APPROPRIATING
'[HE AMOUNT OF $170,000
FOR THE INCREASE AND UVl-
F~ROVEMENT OF FACILITIES
OF THE SOUTI-IOLD SOLID
W^STEt, inNHC~M~qT DiS-
TRICT,JN SAI~'~'O,WN, AND
AUTHORIZING THE ISSU-
ANCE OF $11'10k0(O SERIAL
~ONDS OF S~IO TOWI, i TO
· R itel
WHEREA~own Board
of the Town of Southold (herein
called thc "Town"), in the
County. of ~uffolk, New York,
acting on bei~_ of gte Southold
SolidWaste !~l~em,em Dis-
in the Town, has heretogct, de-
term/ned to increase and'trfiprove
a. 6-b of the Law, is ten (10) years.
(b) The proceeds of the bonds
herein authorized and a-v bond
anticipation notes isst n an-
the facilihes of the .District as ticipation of said bonds may be :OLK
bereinaRer described and, after applied to reimburse the Town
apublic~and for expenditures made after the )RK ss:
held, sm.~de, effective date of this resolution
termiaed_,J?~r~a~-~,.~ for the purpose for which said
lution and Orde~ Al%r Pu~c bonds are authorized. The fore- . being duly sworn, says that
~ear'.,mg,d~l~.adopied on this going statement of int~t with
ate, ma~thepu~licinter- .respecttoreimbursem~nt ~ma~ ,n Coordinator, ofthelRAV-
est to so the. muse.and improve in conformity with Treasur3~ , a public newspaper printed
the,facilities-~:ffthe. Disffict and Regulation Section 1.150-2 ofthe olk County; and that the no-
ordered Such f~ctlitlas to be thusUnited States Treasury Depart-
increi~d ami ii,proved at the ment. annexed is a printed copy,
estimatbd maximum cost of (c)TheTown Board has deter-
$170,000 and.~hat the Engineer mined and found that pursuant I in said Traveler Watchman
pre. pare spucifi~ktions,~nd.an to the applicable prowsions of ,r
est~mat~ of thz .guy and, with the State Env!,r, onmental Qual ty
the Town Attorney, propare a Rev ew Act (SEQRA") no sub- //
contrag~(s) for la~-~ntatton to stantial adverse environmental ...................................... weeks
theTown Bmin:[as,~3on as pos- crease and improvement of fa- nencing on the ~
sible; impact will be caused by the in- . ...................
ow, therefor~,'l~ j17' cilities of the District.
RESOLVEDBY~'~ ~ Section 4. Each ofthe bonds ~f~ ......... ,19.~..~
~ authorized by this resolution
and any bond an ticipat on notes ~~
.O,F .SJ. JFFO. L.K~NEWY'.OI~_Coy issued in anticipation of said
the mvorable~votgo~l~ less bonds shall contain 'the recital
than two-thirds olCiRt~ mere- of validity prescribed by Section
bets ,of said ii{~ar~:,~x ~oL- 52.00 oft'he Law and said bonds ~
LOWS: ' "' ' and any notes issued n antici- ~e this ........................... day of
Sectio~ 1.The~T~ v./ayap- pation said bonds shall be gen-
$170,000 fqr}~J~ ~se' and payable as to both principal and
improve~..~. Iltl~s of interest by a general tax upon all
the DistriCt ]1~/~ ' ' o-
rized pursua~iO~j~¢.~ ~u~,~h the taxable real property within
and,O~.erAll~r~bllg the Town without limitation as :...6~....~~ .......
reft'ed to.ilfl~[~l: ~'~' to rate or amount. The faith and
credit of the Town are hereby ~tary Public
an ~ sha[l' Pgi[l~aaa (i)~,at the es-- irrevocably pledged to tbe punc-
tin~t~ nl~,~ll~l~lR.tgost of. tual payment oftheprincipa of 8~RI~RI & S~HNEID~
'$1 ,.~3~.~ .'_u~¢!'~On ca- and interest on saidbonds and I~I01AR¥ RISIJC, Stata al ~ ¥~
pacity~.~!~.~ .o~"f?road any notes issued in anticipation NO. 480~45
dun~p ~ :~r'ti~ it~ h~/uline of the sale of said bonds and qualif~Rl in Suffolk
sand, dirt, l~e,avest,..~.13.~., hi.land'2- provision shall be made anna- Commis~ Eapi,es ~1/~
c.l~jnS.' d~rts~ktl~o~and ally in the budget of the Town ~S$
n~om proc.~.~igga~g ar- by appropriation for (a) the am-
ea~.lg ~e'S661fiol~[ Llfil~il[, in ortization and redemption of the
CutchogUe, in fl~g.D~aa'ict, and bonds and any notes issued n
(ii), at the ~maXi~u~ anticipation thereof to mature in
cost'of $30,000~ the such year and (b) the payment
estimated:'~'o~,500 ftr of interest to be due and pay-
sewer anq~,.~_ .~ogi~m~, ' able in such year.
~ one gem ~~x~- ~ Section 5. Subject to the pro-
mately tv&qv~ ~12)} _t~et b~/gtxty-, visions of this resolution and of
fo~'(64)~fe~ ~oqifelud~ thret~ the Law and pursuant to the
.(?) a provisions of Section 21 00 rela-
ity~mr ~!l~tSi~ll~!fffi~eili~ tire to the authorizat on of the
break ~¥&' _a~ej~/pl~sat. issuance of bonds having sub-
th~ said,.E~ilffil?2'h~'~m~,~t~l, stantially level or declining an-
malximlflfi,dtl~ ~,.~'~ nual debt service, Section 30.00
object Or ~..l~li~g .. relative to the authorization of
P.re, limi'.~. ~-.t~s_ ~-/~i;,~ ia: this i~suance of bond anticipa-
cinental' tii_,~.~ti~ ~fth~ fi- tion notes, and Section 50.00
nanc/ng ~~$8,000, and Sections 56.00 to 60.00 of
is $17~t.~f.~ _'~_ i~.~ t~fi'tiang- the Law, the powers and duties
lng in¢l~srthe"l~ls~uih~/c~ of of the Town Board relative to
$170,~i~e~iaI~orm~ Of the authorizing bond anticipation
T°wntW"t!K~c')'sdiddppmpria notes and prescribing their
1.o'1 ,i'ld .MKh illllmJHl, II'{.'hl¢i terms, form and contents and as
i;..'..'.'.a:l.'fi~ nfl~ine.pat~.l' to the sa e and issuance of the
i '.ere: :~: snch ho~, qt,lr~,t bonds herein authorized, ~ind
~ .., .'~se.I, ~t'~od'ntld eul!~.t~.e:, any other bonds heretofore or
t .,,-'~ 'he sevvdal Io,~. ibn! oer,.els hereafter authorized, and of any
e" !,r'.,'l wi~lun'said lltq~'~ ,: bond anticipation notes issued
the Town l~oard in the manne'r in anticipation of said bonds,
provided by/nW-'._li~ lfl~'i~aid and the renewals of said. bond
from such sourcel~t)~ai~le anticipation notes, are hereby
gropeny within said Town Shatl delegated to the Supervisor, the
e subject to the le..~ of an ad chief fiscal officer of the Town.
valorem tax, without Imliiation as Section 6. The validity of the
to rate pr mount, ~ffwtant to bonds authorized by this reso-
pay the pnncipal ofal~d.interest lution, and of any notes issued
_ on said bonds, in anticipation of said bonds,
Section 2. Serial bonds of the may be contested only iff
Town are hereby authorized to (a) such obligations are autho-
be issued in the principal rized for an object or purpose
amount of $170,000pursuantto for which the Town is not au-
the provisions of the Local Fi-
thorized to expend money or
nance Law, constituting Chap- (b) the provisions of law which
ter 33-a of the Consolidated
should be complied with at the
Laws oftbe Slate of New York date of the publication of such
(berein called"Law"),to finance resolution are not substantia',,
said appropriation, complied with and i~¢DL;'l'
Sect~on3'.Thefollowingaddi- suit or procee~q~ut~ ~x~q
· - --.a .....,.,,~ are, bereby deter- such ..... "'.."' -- ' ~
EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of Southold, in the
County of Suffolk, New York
January 19, 1999
A regular meeting of the Town Board of the Town of Southold, in the County
of Suffolk, New York, was held at the Town Hall, Southold, New York, in said Town, on
January 19, 1999, at 5:00 o'clock P.M. (Prevailing Time)
There were present: Hon. Jean W. Cochran, Supervisor; and
Councilpersons: Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Cduncilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
There were absent:
Also present:
Elizabeth A. Neville, Town Clerk
Gregory F. Yakaboski, Town Attorney
The Town Clerk stated that a public hearing had been called for this meeting at
the Town Hall, Southold, New York, in said Town, at 5:00 o'clock P.M. (Prevailing Time) to
307454.1 020689 RES
received:
The Town Clerk reported that the following pertinent communications had been
None.
The Town Clerk then read such communications to the meeting.
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.
On motion of
Councilwoman
Hussie
Councilman
, duly seconded by _ Romanelli~, the
following Resolution and Order After Public Hearing was duly declared adopted on the
following roll call vote:
Supervisor Jean W. Cochran
AYES: ,~3ouncilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Muprhy
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
NOES:
None
consider the increase and improvement of facilities of the Southold Solid Waste Management
District, in the Town of Southold, as more particularly described in the Order Calling Public
Hearing To Be Held On January 19, 1999 (herein called the "Order Calling Public Hearing")
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 read, in full, the Order Calling Public Hearing and presented affidavits showing
that certified copies of the Order Calling 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 the increase and improvement of facilities of the Southold Solid
Waste Management District:
There was no response.
The following persons appeared in opposition to said increase and improvement
of facilities of the Southold Solid Waste Management District:
None.
Meeting of the
in the County of Suffolk,
January 19, 1999
EXTPJ~CT OF MINUTES
Town Board of the Town of Southold,
New York
Southold,
Town Hall, 53095 Main Road, Southold, New York,
1999 at 4:30 o'clock P.M. (Prevailing Time).
There were present: Hon. Jean W. Cochran,
Board Members: Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman ~ohn M. Romanelli
Councilman Brian C. Murphy
A regular meeting of the Town Board of the Town of
in the County of Suffolk, New York, was held at the
on January 19,
Supervisor; and
There were absent:
Also present:
Elizabeth A. Neville, Town Clerk
Gregory F. Yakaboski, Town Attorney
CoIIncilm~n Inhn M gnmsnalll offered the following
resolution and moved its adoption:
309079.1 001092 RF~
The adoption of the foregoing resolution was seconded by
Councilwoman Alice J. Hussieand duly put to a vote on roll call, which
resulted as follows:
AYES:
Councilman Moore, Councilman Romanelli, Councilman
Murphy, Justice Evans, Councilwoman Hussie,
Supervisor Cochran
NOES: None
The resolution was declared adopted.
~09079. l 001092
Councilwoman
Hussie offered the following resolution and moved its adoption:
Councilwoman
I-lussie offered the following resolution and moved its adoption:
Councilman
The adoption of the foregoing resolution was seconded by Re, man,,Iii and duly
put to a vote on roll call, which resulted as follows:
Councilman William D. Moore
AYES: Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
NOES: Supervisor Jean W. Cochran
None
Thc resolution was declared adopted.
***
Councilwoman
Hussie offered the following resolution and moved its adoption:
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. The Town Clerk is hereby directed to publish the foregoing bond
resolution, in full, in the "TRAVELER WATCHMAN," a newspaper published in Southold,
New York, and 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.
Section 2.
This resolution shall take effect immediately.
The adoption of the foregoing resolution was seconded by
and duly put to a vote on roll call, which resulted as follows:
Councilman William D. Moore
AYES: Councilman John M. Romanelli
Councilman Brian G. Murphy
Council~toman Alice J; Hussie
Justice Louisa P. Evans
Supervisor Jean ~/. Cochran
NOES:
None
Councilman Romanelli
The resolution was declared adopted.
~}07454.1 020689 RES
Southold,
Town Hall,
August 3,
EXTRACT OF MINUTES
Meeting of the Town Board of the
Town of Southold, in the
County of Suffolk, New York
August 3, 1999
A regular meeting of the Town Board of the Town of
in the County of Suffolk, New York, was held at the
53095 Main Road, Southold, New York, in said Town,
1999, at 5:00 o'clock P.M. (Prevailing Time)
There were present: Hon. Jean W. Cochran,
and
Councilpersons: Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Justice Louisa P. Evans
Councilwoman Alice J. Hussie
on
Supervisor;
There were absent:
Also present: Elizabeth A. Neville, Town Clerk
Gregory F. Yakaboski, Town Attorney
The Town Clerk stated that a public hearing had been
called to consider an increase in cost to the 'increase and
improvement of facilities of the Southold Solid Waste Management
District, in the Town of Southold, from $200,000 to $210,000, due
to an increase of $10,000 in the cost of constructing a new scale
325274.t 001098 RES
house, 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 read, in full, the notice calling said public hearing
and presented affidavits showing that certified copies of said
notice 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 said increase in cost to the increase and
improvement of facilities of the Southold Solid Waste Management
District:
None
The following persons appeare~ in opposition to said
increase in cost to the increase and improvement of facilities of
the Southold Solid Waste Management District:
None
325274.1 001098 RES
The Town Clerk reported that the following pertinent
communications had been received:
None
The Town Clerk then read such communications to the
meeting.
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.
On motion of 3ustice Louisa P. Evans duly seconded
Councilman '
by William D. Moore , the following Resolution and Order
After Public Hearing was duly declared adopted on the following
roll call vote:
AYES:
NOES:
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Justice Louisa P: Evans
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
None
325274.[ 001098 RES
A regular meeting of the Town
Board of the Town of Southold,
in the County of Suffolk, New
York, was held at the Town
Hall, in said Town, on the 3rd
day of August, 1999.
PRESENT:
Hon. Jean W. Cochran, Supervisor
William D. Moore, Councilperson
Louisa Evans, Justice
Alice Hussie, Councilperson
Brian G. Murphy, Councilperson
John M. Romanelli, Councilperson
In the Matter
of the
Increase and improvement of facilities for
the Southold Solid Waste Management 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, following a determination by the Town Board of
the Town of Southold (herein called "Town Board" and "Town"
respectively) to proceed with the increase and improvement of
facilities of the Southold Solid Waste Management District,
(herein called "District"), in the County of Suffolk, New York,
consisting of (i) construction of a new scale house at the
estimated maximum cost of $40,000 and (ii) acquisition of various
equipment at the estimated maximum cost of $160,000, and after a
325274.1 001098 RES
public hearing duly called and held, the Town Board of the Town
determined by the Resolution and Order After Public Hearing duly
adopted on November 12, 1997, that it is in the public interest
to increase and improve the facilities of the District, and
ordered that such facilities be increased and improved at the
estimated total cost of $200,000; and
WHEREAS, due to increased costs of materials and labor
for the construction of such scale house, the estimated maximum
cost thereof has increased by the amount of $10,000 to $50,000
and the estimated total cost of said increase and improvement of
facilities is now $210,000, and it is necessary and desirable and
in the public interest and the best interests of the Town to
increase the total appropriation therefor by said amount of
$10,000, from $200,000 to $210,000; and
WHEREAS, the Town has completed modifications to the
map, plan and report to provide for said increase in costs of
materials and labor for said increase and improvement of
facilities, which now consists of (i) construction of a new scale
house at the estimated maximum cost of $50,000 and (ii)
acquisition of various equipment at the estimated maximum cost of
$160,000, and filed the same with the Town Clerk; and
WHEREAS, the Town Board thereafter adopted an Order
describing in general terms the proposed increase and improvement
of the facilities, specifying the increase in the estimated
maximum cost of constructing such scale house and the increase in
the estimated total cost of said increase and improvement of
325274.1 001098 RES
facilities from $200,000 to $210,000, and stating that the Town
Board would meet to hear all persons interested in said increase
in the cost to the increase and improvement of facilities on
August 3, 1999, at 5:00 o'clock P.M. (Prevailing Time) at the
Town Hall, in the Town; and
WHEREAS, copies of such Order, certified by the Town
Clerk, were duly published and posted pursuant to the provisions
of Article 12 of the Town Law, and such further public hearing
was duly held by the Town Board on this 3rd day of August, 1999
at 5:00 o'clock P.M. (Prevailing Time) at the Town Hall, in the
Town, and 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 in the
cost to the increase and improvement of the facilities;
WHEREAS, the Town Board has duly considered and
reviewed all applicable federal, state and local laws and
regulations regarding environmental matters, including compliance
with the New York State Environmental Quality Review Act,
comprising Article 8 of the Environmental Conservation Law, as
related to the impact that the increase and improvement of
facilities of the District may have on the environment and, on
the basis of such consideration and review, the Town Board has
determined that no substantial adverse environmental impact will
be caused thereby;
NOW, THEREFORE, on the basis of the information given
at such hearing, it is hereby
325274.1 001098 RES
DETERMINED, that it is in the public interest to
increase, by the amount of $10,000, the estimated cost to the
increase and improvement of the facilities of the District by (i)
construction of a new scale house at the revised estimated
maximum cost of $50,000 and, (ii) acquisition of various
equipment for use in and for the District at the estimated
maximum cost of $160,000, as hereinabove referred to, the
estimated total cost thereof not to exceed $210,000; and it is
hereby
ORDERED, that the cost of increasing and improving the
facilities of the District as hereinabove described is hereby
increased by the amount of $10,000 and such new scale house shall
be constructed and such equipment shall be acquired at the
estimated maximum cost of not to exceed $50,000; and it is hereby
FURTHER ORDERED, that the Engineer heretofore retained
by the Town Board shall prepare specifications and make careful
estimates of the expense of said increase in cost to said
increase and improvement of the facilities and, with the
assistance of the Town Attorney, prepare a proposed contract or
contracts for the construction of such new scale house at such
increased cost and the acquisition of such equipment, which
specifications, estimate and proposed amended contract(s) shall
be presented to the Town Board as soon as possible; and it is
hereby
FURTHER ORDERED, that the expense of so increasing and
improving such facilities shall be financed by the issuance of
325274.1 {~109& RF~
not to exceed $210,000 serial bonds of the Town, including the
$200,000 serial bonds heretofore authorized, and the costs
thereof, including payment of principal of and interest on said
bonds, shall be assessed, levied and collected from the several
lots and parcels of land within said District by the Town Board
in the manner provided by law, but if not paid from such source,
all the taxable property within said Town shall be subject to the
levy of ad valorem taxes, without limitation as to rate or
amount, sufficient to pay the principal of and interest on said
bonds; and it is hereby
325274.1 001098
FURTHER ORDERED, that the Town Clerk record a certified
copy of this Resolution and Order After Public Hearing in the
office of the Clerk of Suffolk County within ten (10) days after
adoption hereof.
DATED: AUGUST 3, 1999
(SEAL)
TOWN BOARD OF THE TOWN OF SOUTHOLD
W. Cochran
Supervisor
-~ W~l~am-D. Moore
Councilperson
Louisa Evans
Justice
- cAoliC p ~e ~
J~ hn M. Romanelli
Councilperson
Me ~rs of the Town Board of the Town of
Southold, New York
325274.1 001098 RES
Justice louisa P. Evans
and moved its adoption:
offered the following resolution
~25274.1 001098 RES
RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED AUGUST 3, 1999, AMENDING THE BOND
RESOLUTION ADOPTED NOVEMBER 12, 1997.
Recitals
WHEREAS, the Town Board of the Town of Southold, in the
County of Suffolk, New York (the "Town"), has heretofore duly
authorized the increase and improvement of facilities of the
Southold Solid Waste Management District (the "District") within
the Town, at the estimated total cost of $200,000, which amount
was appropriated therefor pursuant to the bond resolution adopted
by said Town Board on November 12, 1997 and hereinafter referred
to, and it now has been determined that due to increased costs of
materials and labor and changes in the scope of the project, the
total cost of said increase and improvement of facilities of the
District is now estimated to be $210,000, and it is necessary and
desirable and in the best interests of said Town to increase (i)
the total appropriation therefor by $10,000, from $200,000 to
$210,000 and (ii) the total amount of serial bonds to finance
said appropriation by the same amount;
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 members of said Town Board) AS
FOLLOWS:
32:5274.1 00~098 R~
Section (A) The bond resolution of said Town duly
adopted by the Town Board on November 12, 1997, entitled:
Bond resolution of the Town of Southold, New York,
adopted November 12, 1997, ~ppropriating the
amount of $200,000 for the Increase and
improvement of facilities of the Southold Solid
Waste Management District, in said Town, and
authorizing the issuance of $200,000 serial bonds
of said Town to finance said appropriation.
is hereby amended to read as follows:
325274.1 001098 RES
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED NOVEMBER 12, 1997 AND AMENDED AUGUST 3,
1999, APPROPRIATING THE AMOUNT OF $210,000 FOR THE
INCREASE AND IMPROVEMENT OF FACILITIES OF THE
SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, IN SAID
TOWN, AND'AUTHORIZING THE ISSUANCE OF $210,000
SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION
Recitals
WHEREAS, following a determination by the Town Board of
the Town of Southold (herein called "Town Board" and "Town"
respectively), in the County of Suffolk, New York, to increase
and improve the facilities of the Southold Solid Waste Management
District, in the Town (herein called "District"), consisting of
(i) construction of a new scale house at the estimated maximum
cost of $40,000 and (ii) acquisition of various equipment at the
estimated maximum cost of $160,000, and after a public hearing
duly called and held, the Town Board of the Town determined by
the Resolution and Order After Public Hearing duly adopted on
November 12, 1997, that it is in the public interest to increase
and improve the facilities of the District, and ordered that such
facilities be so increased and improved at the estimated total
cost of $200,000; and
WHEREAS, due to increased costs of materials and labor
for the construction of such scale house, the estimated maximum
325274.1 001098 RES
cost thereof has increased by the amount of $10,000 to $50,000
and the estimated total cost of said increase and improvement of
facilities is now $210,000, and following a public hearing duly
called and held on August 3, 1999, the Town Board has determined
that it is in the public interest and the best interests of said
Town to increase, by the amount of $10,000, the estimated cost of
the increase and improvement of facilities by (i) construction of
such scalehouse at the revised estimated maximum cost of $50,000
and (ii) acquisition of various equipment for the District at the
estimated maximum cost of $160,000, the total cost thereof not to
exceed $210,000 and ordered such increase in cost, the
preparation by the Engineer retained by the Town of
specifications, estimates of cost and, with the assistance of the
Town Attorney, a proposed amended contract and further ordered
the financing of such increased cost,
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
$210,000 for the increase and improvement of facilities of the
District consisting of (i) construction of a new scale house at
the estimated maximum cost of $50,000 and, (ii) acquisition of
various equipment at the estimated maximum cost of $160,000,
heretofore authorized pursuant to the Resolution and Order After
325274.1 001098 RE~
Public Hearing referred to in the Recital hereof. The estimated
total cost of said specific objects or purposes, including
preliminary costs and costs incidental thereto and the financing
thereof, is $210,000. The plan of financing includes the
issuance of not to exceed $210,000 serial bonds of the Town to
finance said appropriation and such amount, including
installments of principal and interest on such bonds, shall be
assessed, levied and collected from the several lots and parcels
of land within said District by the Town Board in the manner
provided by law, but if not paid from such source, all the
taxable property within said Town shall be subject to the levy of
ad valorem taxes, without limitation as to rate or amount,
sufficient to pay the principal of and interest on said bonds.
Section 2. Serial bonds of the Town are hereby
authorized to be issued in the principal amount of $210,000
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 "Law"), to
Section 3. The
determined and declared:
finance said appropriation.
following additional matters are hereby
(a) It is hereby determined that the period of
probable usefulness of the specific object or purpose for which
(i) $50,000 principal amount of said $210,000 serial bonds are
authorized to be issued, within the limitations of Section 11.00
a.35 of the Law is five (5) years and (ii) $160,000 principal
amount of said $210,000 serial bonds are authorized to be issued,
325274.1 001098 RES
within the limitations of Section 11.00 a. 28. of the Law, is
five (5) years.
(b) The proceeds of the bonds herein authorized and any
bond anticipation notes issued in anticipation of said bonds may
be applied to reimburse the Town for expenditures made after the
effective date of this resolution for the purpose for which said
bonds are authorized. The foregoing statement of intent with
respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The Town Board has duly considered and reviewed
all applicable federal, state and local laws and regulations
regarding environmental matters, including compliance with the
New York State Environmental Quality Review Act, comprising
Article 8 of the Environmental Conservation Law as related to the
impact that the increase and improvement of facilities for the
District may have on the environment and, on the basis of such
consideration and review, the Town Board has determined that no
substantial adverse environmental impact will be caused thereby.
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 without
325274.1 001098 RES
limitation as to rate or amount. 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 relative to the authorization of the issuance of
bonds having 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 of the Law, the powers and duties of the
Town Board relative to authorizing bond anticipation notes and
prescribing their terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and any other bonds
heretofore or hereafter authorized, and of any bond anticipation
notes issued in anticipation of said bonds, and the renewals of
said bond anticipation notes, 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:
325274.1 001098 RI~
(a) such obligations are authorized for an object
purpose for which the Town is not authorized to expend
money, or
or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution, 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.
immediately.
This resolution shall take effect
Section (B) The amendment of the bond resolution set
forth in Section A of this resolution shall in no way affect the
validity of the liabilities incurred, obligations issued, or
action taken pursuant to said bond resolution, and all such
liabilities incurred, obligations issued, or action taken shall
be deemed to have been incurred, issued or taken pursuant to said
bond resolution, as so amended.
Section (C). This resolution shall take effect
immediately.
325274.1 001098 RES
The
~ .. adoption of the foregoing resolution was seconded
I. ouncllman
by William D. Moore and duly put to a vote on roll call, which
resulted as follows:
Councilman William D. Moore
AyEs: Councilman John M. Romanelli
Councilman Brian G. Murphy
Justice Louisa P; Evans
Councilwoman Alice J. Hussie
Supervisor Jean W. CochraN
NOES:
None
The resolution was declared adopted.
Justice Louisa P. Evans
resolution and moved its adoption:
offered the following
325274.1 0Ol098 RES
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. The Town Clerk is hereby directed to
publish the foregoing bond resolution, in full, in "THE SUFFOLK
TIMES,,, a newspaper published in Southoid, New York, and 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.
Section 2. This resolution shall take effect
immediately.
The adoption of the foregoing resolution was seconded
by Councilman William D. Moore and duly put to a vote on roll
call, which resulted as follows:
Councilman William D. Moore
AYES: Councilman John M. Romanelli
Councilman Brian G. Murphy
Justice Louisa p. Evans
Councilwoman Alice J. Hussie
Supervisor Jean W. Cochran
NOES: None
The resolution was declared adopted.
325274.1 001098 RES
CERTIFICATE
I, ELIZABETH A. NEVILLE, Town Clerk of the Town of
Southold, in the County of Suffolk, 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 August 3,
1999 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 3rd day of August. 1999
(SEAL)
~ T'own Clerk{
325274.1 001098 RES
NOTICE
A regular meeting o f 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,
in said Town, on the
22nd day of December,
1998.
PRESENT:
Hon. Jean W. Cochran,
Supervisor
William D. Moore,
Councilperson
Louisa Evans, Justice
Alice Hussie, Councilperson
Brian D. Murphy,
Councilperson
John M. Romanelli,
Councilperson
In the Matter of the
Increase and improvements of
Facilities of the Southold Solid
Waste Management District, in
the Town of Southold, in the
County of Suffolk, New York,
pursuant to Section 202-B of the
Town Law.
ORDER CALLING PUBLIC
HEARING TO BE HELD ON
JANUARY 19, 1999
WHEREAS, the Town Board
of the Town of Southold (herein
called "Town Board" and
"Town," respectively), in the
County of Suffolk, New York,
on behalf of the Southold Solid
Waste Management District,
heretofore established and now
existing in the Town (herein
called "District"), has deter-
mined to increase and improve
the facilities of the Disu%t, by
the purchase of (i), at the esti-
mated maximum cost of
$132,000, one used, 25 ton ca-
dPacity, articulating, off-road
ump truck for use in hauling
sand, dirt, leaves, brush, land
clearing debris and mulch to and
from processing and staging ar-
eas at the Southold Landfill, in
Cutchogue, in the District, and
(ii), at the esUmated maximum
cost of $30,000 (including the
estimated cost of $9,500 tbr
sewer and electrical hookups),
one new office trailer approxi-
mately twelve (12) feet by sixty-
four (64) feet. to include three
(3) offices and a restroom faciI-
ity, tbr use as a central office and
break room for all employees at
the said Landfill, the estimated
total cost thereof, including pre-
liminary costs and costs inciden-
tal thereto and the financing
thereof in the sum of $8,000,
being the amount of $170,000~
and
WHEREAS, the Town Board
has givgn due consideration to
the impa~t that thepurchase of
said dump truck and said trailer
for use at said Southold Land-
fill may have on the environ-
ment and oh the basis of such
consideration, the Town Board
has found that no substantial ad-
verse environmental impact will
be caused thereby;
Now, therefore, be it
ORDERED, that a meeting of
the Town Board of the Town be
held at the Town Hall, 53095
Main Rosd,' Sou~hold, New
York, in the'Towh, on the 19th
day of January~ 1999 at 5:00
o'aoclt P.M. (Pfeval~lmI~lme)
to consider said increase anft im-
provement of facilities at the as-
timated total coit of $170~000,
including preliminary costs and
costs incidental ~ereto and to
the financing thereof in the
amonfii of $8,000, and to hear
all persons Interested in the sub-
ject thereofcon~minl~ the same
and for such other action on the
~.t of the Town Board with re.
by law; and be it,
FURTHER ORDERED, that
. the Tovnt Clerk publish at least
once in the "TRAVELER
WATCHMAN," a newspaper
~r~r,,hlished in Southold, New
and hereby designated as
the official newspaper of the
Town for such publication, and
post on the sig~. board of the
Town maintained pursuant to
subdivision 6 of Section 30 of
the Town Law, a copy of this
Order, 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: Dece~ffaer 22,. i998
TOW~ BOi~RD OF THE
TOWN OF~OUTHOLD
Jm W~,Cochran,
-Supervisor
:. Willi~m.D. Moore,
Councilperson
Louisa Evans, Justice
Alice Hussi~,~ Councilpers on
~D. Mu~ay,
Councilpersun
John M. Romanelli,
Cooncilperson
· Members of the
Town Board of the
Town of Sonthold,
New York
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRAV-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for
........................................................ Z ............ weeks
successively, c,o/~mencing on the ....................
day of-::.;7...~..~ ................. ,19.....~.?
Sworn to before me this......./....~.. .............. day of
Notary Public
BARBARA A. $CkiIEIDER
NOTARY PUBUC, State d New York
No. 4806~,~
Qualified in Suff~L C~1/
Commkq, sion bpire: ~O · O
STATE OF NEW YORK)
COUNTY OF SUFFOLK):SS
I, ELIZABETH A. NEVILLE,
Town Clerk of the.'Town of
fSoOUthold, in the Coanty of Suf-
lk, New York, DO HEREBY
CERTIFY'that I have compared
the preceding Order Calling
Public Hearing with the original
thereof filed in my. office on the
22nd day of December, 1998,
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 22nd day of De-
cember, 1998
Elizabeth A. Neville
Town Clerk
1X-1/7/99(18)
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VIT.kL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southo]d, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING
ADOPTED BY THE SOUTHOLD TOWN BOARD AT A
HELD ON DECEMBER 22. 1998:
RESOLUTION WAS
REGULAR MEETING
In the Matter
of the
Increase and Improvements of Facilities of the
Southold Solid Waste Management District, in :
the Town of Southold, in the County of Suffolk,
New York, pursuant to Section 202-B of the :
Town Law.
:
ORDER CALLING
PUBLIC HEARING
TO BE HELD ON
JANUARY 19, 1999
WHEREAS, the Town Board of the Town of Southold (herein called "Town
Board" and "Town", respectively), in the County of Suffolk, New York, on behalf of the
Southold Solid Waste Management District, heretofore established and now existing in the
Town (herein called "District"), has determined to increase and improve the facilities of the
District, by the purchase of (i), at the estimated maximum cost of $132,000, one used, 25 ton
capacity, articulating, off-road dump truck for use in hauling sand, dirt, leaves, brush,
landelearing debris and mulch to and from processing and staging areas at the Southold
Landfill, in Cutehogue, in the District, and (ii), at the estimated maximum cost of $30,000
(including the estimated cost of $9,500 for sewer and electrical hookups), one new office
trailer approximately twelve (12) feet by sixty-four (64) feet, to include three (3) offices and a
restroom facility, for use as a central office and break room for all employees at the said
Landfill, the estimated total cost thereof, including preliminary costs and costs incidental
thereto and the financing thereof in the sum of $8,000, being the amount of $170,000; and
WHEREAS, the Town Board has given due consideration to the impact that the
purchase of said dump truck and said trailer for use at said Southold Landfill may have on the
environment and on the basis of such consideration, the Town Board has found that no
substantial adverse environmental impact will be caused thereby;
Now, therefore, be it
ORDERED, that a meeting of the Town Board of the Town be held at the Town
Hall, 53095 Main Road, Southold, New York, in the Town, on the 19a day of January, 1999
at 5:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities
at the estimated total cost of $170,000, including preliminary costs and costs incidental thereto
and to the financing thereof in the amount of $8,000, 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; and be it,
FURTHER ORDERED, that the Town Clerk publish at least once in the
"TRAVELER WATCHMAN," a newspaper published in Southold, New York, and 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
copy of this Order, 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: December 22, 1998
TOW~O_AR~ OF THE TOWN OF SOUTHOLD
Southold Town Clerk
December 22. 1998