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HomeMy WebLinkAboutProp on Ballot-Pres of Open Sp ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOP, MATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 605 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2001: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 28, 2001, AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS, WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN SPACES AND AREAS AND TO MAINTAIN AND ENHANCE THE CONSERVATION OF NATURAL RESOURCES, PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEVANT PROVISIONS OF THE STATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH AND A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,000,000, APPROPRIATING SAID AMOUNT THEREFOR, AUTHORIZING THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION, STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. Recitals WHEREAS, pursuant to Section 247 of the General Municipal Law, constituting Chapter 24 of the Consolidated Laws of the State of New York (herein called "Section 247"), the Toxvn of Southold, Suffolk County, New York (herein called "Town"), is authorized to acquire interests or rights in real property for the preservation of open spaces and areas as defined in Section 247; and WHEREAS, such acquisition of interests or tights in land situate throughout the Town for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural resources, as defined in Section 247, must be found, determined and deemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the State Legislature as set forth in Section 247; and WHEREAS, in pursuance thereof, the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment purchase obligations for the purpose of financing the acquisition of such interests or rights in real property; now, therefore THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than three- fifths of all the members of said Town Board) AS FOLLOWS: Section 1. The Town is hereby authorized to acquire by purchase, girl, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property, including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and a public heating pursuant to the provisions of Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition being hereby found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in Section 247; provided, however, that no such right, including the fee or any lesser interest, or development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Revie~v Act (herein called "SEQRA"), constituting Article 8 of the New York Environmental Conservation Law, have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such determination and declaration. The estimated total cost of said class of objects or purposes, including preliminary costs and costs incidental thereto and the financing thereof, is $2,000,000, and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $2,000,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town' in the principal amount of $2,000,000 are hereby authorized to be issued pursuant to t-he provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York therein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined, stated and declared: (a) The period of probable usefulness of said class of objects or purposes, as described herein, for which the serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 (a) 21. of the Law, is thirty (30) years. (b) All or a portion of the indebtedness to be contracted by the Town for the purpose of financing the acquisition of such interests or rights in real property may be issued in the form of a land installment pumhase obligation or obligations pursuant to the provisions of Section 29.10 of the Law; any portion of said estimated maximum cost that is not financed by the issuance of a land installment obligation or obligations may be financed through the issuance of such bonds or bond anticipation notes issued in anticipation of the sale of such bonds. (c) 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 or purposes 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. (d) The proposed maturity of said $2,000,000 serial bonds will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds as well as any bond purchase obligation shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of 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 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 with substantially level or declining annual debt service and of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of 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 the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, 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 the sale 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 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. A proposition for the approval or disapproval of this bond resolution shall be submitted as a Proposition to the qualified voters of the Town at the Biennial Town Election to be held on November 6, 2001, and this bond resolution shall take effect upon the approval of the Proposition by said voters of the Town at that referendum vote. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on the 28th day of August 2001, and has been approved as a Proposition by a majority of the qualified voters present and voting thereon at the Biennial Election held on November 6, 2001. 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 date of publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. Elizabeth A. Neville To~vn Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 28, 2001. AUTHORIZING THE ACQUISITION OF INTERESTS OR RIGHTS IN REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT RIGHTS IN OPEN AGRICULTURAL LANDS, WITHIN SAID TOWN, FOR THE PRESERVATION OF OPEN SPACES AND AREAS AND TO MAINTAIN AND ENHANCE THE CONSERVATION OF NATURAL RESOURCES, PROVIDED, HOWEVER, THAT NO SUCH INTERESTS OR RIGHTS IN REAL PROPERTY SHALL BE ACQUIRED UNTIL ALL RELEV ANT PROVISIONS OF THE ST ATE ENVIRONMENTAL QUALITY REVIEW ACT HAVE BEEN COMPLIED WITH A FINAL DECLARATION AS TO ENVIRONMENTAL IMPACT HAS BEEN DULY DECLARED, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,000,000, APPROPRIATING SAID AMOUNT THEREFOR. AUTHORIZING THE ISSUANCE OF $2,000,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION, STATING THAT LAND INSTALLMENT PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ISSUED PURSUANT TO THIS BOND RESOLUTION AND DETERMINING THAT THIS BOND RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. object or purpose: otherwise, the acquisition by purchase, gift, grant, bequest, devise, lease or of the fee or any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the purposes of Section 247 of the General Municipal Law, in various parcels of real property, including, but not limited to, development rights in open agricultural lands, within the Town, for the preservation of open spaces and areas and to maintain and enhance the conservation of natural or scenic resources, after due notice and public heating, pursuant to the provisions of said Section 247 and applicable provisions of the Town of Southold Code, including incidental costs incurred in relation thereto, such acquisition having been found, determined and deemed to be necessary and in the public interest and a proper public purpose of the Town in accordance with the findings and determinations set forth in said Section 247; provided, however, that no such right, including the fee or any lesser interest, or development right, easement, covenant, or other contractual right in any piece or parcel of such lands shall be so acquired until all relevant provisions of the State Environmental Quality Review Act ("SEQRA") have been complied with and a final declaration as to environmental impact has been duly declared by the entity duly authorized to make such declaration; the estimated maximum cost of said class of objects or purposes is $2,000,000. Period of probable usefulness: thirty (30) years Amount of obligations to be issued: $2,000,000 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. Dated: November 22, 2001 Southold, New York PLEASE PUBLISH ON NOVEMBER 22, 2001, AND FORWARD TWO (2) AFFIDAVTIS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to the Following: The Suffolk Times Town Board Members Town Attomey John Cushman, Accounting Hawkins, Delafield & Wood Town Clerk's Bulletin Board 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 16fr/2 day of K~r)oo~ ,2001, she affixed a notice of which the annexed printed notice is a tree copy, 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. LEGAL NOTICE: Proposition No. 1 of 2001 l~li~beth A. ~eville Southold Town Clerk Sworn before me this I ~?'/day of ~oua~o~ ~Notary Public ,2001. LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk Count~. Term Expires March 8, 20 ~5 the Cm~ty therefrom, and ~, ~ (~ ) r~eo~v,n~et STATE OF NEW YORK) )SS: C.~NTY OF~ SUF~FOLK) %)f15t.,3 /_)7_,.~'7'[-~,l/,~ntq of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Soulhold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished i,n said Newspaper once each week for J weeks successively, commencing on the /,~ day ~/"~ 'Principal Clerk Sworn to before me this 2----5 day of ~)coLa~ 20 DAVID W. OLSEN Noga~y.P. ublic, State of New No. 020L6020974 Corn Qualified in Suffolk Cotmly mission Expires March 8, 20.0 I~, STAT. of not to exceed the Town to ~1 nny bond ,ued in anllelpa- ~ ~ ~ ~ive ~m of this re~ ~ f~ which ~ ~ ~ ~ Town ~, ~t~ role ~ ~ ~d t~t~l~ ~ ~m~ed nif~ ~ ~ ~ nol hnve a "sig- ~ .u~ t~ envY. ~~ ~ ~er~ . ~ ' t~ ~ ~i~O that ~ ~ ~ ~ to~r- DA~ ~ ~, ~ T~ ~rk il STATE OF NEW YORK) )SS: CO..~_U NTY OF.~;UFF,OLK) c_)/2~']3 ,/~..v_F'~/~,~'/3r3 of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weeldy newspaper, pub- lished at Mattituck, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in )._/said Newspaper once each week for ~/ weeks success~w)ly, commencing on the / / day of 1~"3."7z''' 20 O J . ~ ~dncipal Cl~rk 8worn to beforo m~ this ~'~¢~' ~y~of 0c ~t-,.' J'j''~ 20 OI ~ DAVID W. OLSEN ~aly Public, State of New ~ ~'~ No. 02OL6020974 · Oualified in Suffolk County ~.~lmission Expires March 8,, 20 ~ YORK NOTICg OF FROPO~ITION TO BE SUBMITI~D AT THE B/ENN/AL TOWN ELECTION TO BE HELD NOVEMBER 6, 2001 NOT/CE IS HEREBy GIVEN that a Biennial Town Election of the Town of Southold (herein called "Town"), in the CounOy of Suffolk, New York, will be held on November 6~ 2001, between the hours of 6:00 o%lock a.m. (Prevailin Time 9'00 ' g.. ) and · o clock p.m. (Prevail/ng T'ime~ or as much longer as may be neces: sary to enable the voters then present to cast their votes, and that the fol- lowing Proposition No 1, in substan- tiafy, the fo/lowing form, shall be suom~rted to the qualified voters of the Town and shah be included in the Notice of such Biennial Town Election: SHALL THE RESOLUTION ENTITLED: "Bond Resoimion of the Town of Southold, New York, !tdopted August 28, 2(]01, authoriz. · lng the acquisition of thierusts or rights in real property, including, but not limited to, c~velopment fights in open agricultural lands, ~io~th~ said Town, for the pre, tva. · ~ ,,l.open spaces and ~ and to mmntain and enhance the cOmerva. tion of natural or scenic resources, provided, however, that no such mtemm or right~ in r~l provisions of the state environmen- tal quality review act have been complied with and a final deciara- ion as. t,o environmental impact has oean amy cleclared stating the esti- mated maximum cost thereof is $2~000,000, appropriating said ~ssmtOunt therefor, authorizing the suance of $2,0(}0,000 serial ~Onds of.sa!d Town to finance said appro- priation, stating that land install- ment purchase obligations are authorized to be issueorpursuant to this bond resolution and determin- ing that this bond resolution sha/l be subject to a mandatory refere . dum,' BE APPROVED'~ n An abstract of said bond resolu- tion, concisely stating the purpose and effect thereof, is as toliows: FIRST: RECITINO that pursuant to Section 247 of the New York Genera Municipal Law ' Se ' 24.~,~ .L ( cttim - J, me Town of So interests or rights in real property for the preservatton of open spaces and areas and maintaining and enhancing the conservation of natural or scenic resources, as defined therein; that such acquisition of interests or rights in real property throughout the Town must be found, determined and ~leemed to be necessary, in the public interest and a proper oublic purpose of t~e. Town in aCCOrC~ance with the wn desires to implement the land acquisition and financing program here~nafier set gorth and to authorize the issuance of land/nstaiimem pur- chase obligations for such purpose; SECOND: AUTHORIZING the Town to acquire by purchase, gift, g?nt bequest devise, ]ease or other- w~se, the fee or an lesser interest, covenant or other contractual right necessary to achieve the purposes of Section 247, in various parcels of real property~ including, but not limited to, development rights in open agri- cultural lands, within thc Town, for STATE OF NEW YORK) )SS: CO UNTY OF { UFF,OLK) ,_).~.,~ ~/~,%~"?_~//,~'/]O of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished 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 pub- lished inFaid Newspaper once each week for weeks successively, commencing on the /// day of ~(0. 7Z' 20 ~)~ ~ Principal Clerk Swom to before me this /..~of_ O ¢ ,~,~ ~ ~ 20 ~ DAVID W. OLSEN Mary public, State of New ¥o~k ~..,ommission E.xp~res LEGAL NOTICE TOWN OF SO~JTIIOLD, NEW yORK pLEASE TAKE NOTICE that on October 9, 2001, the Town Board of Town of Southold, "in the County of Suffotk, New York, adopted a bond resolution entitled: "Bond resolution of the Town of Southold, New York, adopted October 9, 2001. authorizln{{ (a)the acquisition of (l) the certain piece or parcel of land designated am 700 Botsseau Avenue, in said Town, at the estimated maximum cost of $82,000, and (2) the existing, build- ing situate thereon, at the esttmat*d maximum cost of $418,000, and (b) the reconstruction, in part, of said building, at the estimated maximum cost of $100,000; stating the estimat- ed total cost thereof is $600,000; appropriating said amount therefor and authorimng the issuance of not to exceed ~o00,000 serial bonds ~f said Town to finance said appropn- an abstract of such bond resolution, concisely stating the I~urpose and effect thereof; being as tollows: FIRST: AUTHORIZING said Town to (a) acquire (i) the certain piece or parcel of land containing 1.2 Boisseau Avenue and described on the Suffolk County Tax Map as Section 63, Block 3, Lot 2. at the esti- mated maximum cost of $82,000, including administrative and other expenditures arising therefrom, and (ii}the existing building situate thereon, at the estimated maximum cost of $418,000; and (b) reconstruct said building thereon to be used as the Town Hall Annex, including Gri- gna furnishings, equipment, machi- nery or apparatus and all ancillary work required for the purpose for which said building, as reconstructed, is to be used, at the estimated maxi- mum cost of $100,000; STATING the estimated total cost thereof, includ- ing preliminary costs and costs mci- dental thereto and the financing thereof, is $600,000; APPROPRIAT- ING said amount therefor; STAT- ING the plan of financing includes $600,000 serial bonds of the Town to finance said appropriation, and the levy and collection of the taxes upon all the taxable real properly within the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of not to exceed $600,000 serial bonds of the Town pursuant to the Local Finance Lnw of thc State of New York ~th~ "Law") to finance THIRD: DETERMINING and STATING the period of probable usefulness applicable to the specific object or purpose for wh~h $82,000 of the sered bonds are authorized is thirty (30) years, the period of prob- able usefulness applicable to the s~- cific obiect or purpose for which $418,00fi of the serial bonds are authorized is fifteen (15) years and the period of probable usefulness appbcable to the specific object or purpose for which $100.000 of the serial bonds are authorized is ten (10))tears; the I?oceeds of the bonds anticipation notes issued in anticipa- tion of said bonds may be applicoto reimburse the Town for expenditures made after the effective date of this resolution for the purposes for which said bonds are authorized; the Town Board, acting in the role of the Lead A eric has heretofore determined g Y' · · "i that the Prolect w Il not have a. s g merit and has issued and filed a Negative Declarat on for purposes of the State Environmental Quality Review Act ("SEORA"), Article 8 of the New York Environmental Conservation Law; and the proposed maturity oI said serial bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the SIXTH: DETERMINING that the bond re$ointion is subject to per- DATED: October 9, 2001 Elizabeth 3,. Neville Town Clerk 2074-1TO18 STATE OF NEW YORK) )SS: C.I~_ NTY QF S.U__FFOLK) L.j.7;fQ~/~.', .7¢.'?_~/h of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished 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 pdnted copy, has been regularly pub- lished in said Newspaper once each week for / weeks succe~s.~ely, commencing on the /,f day ~ ' . of , ./~_'~.~ 20 .~/ ~' P~ncipal Clerk Sworn to before me this day of_ DAVIDW. OLSEN /. // Notary Public, State of New York No. 02OL6020974 Oualifi~d ~n Suflot~,, County Commission Expires March 8, 20/2) _ NRW ¥ORIi ~ (Hr pgOl'(orrlON Blglh'NIAL 'I~)WN ELEC'rlON TO BE ~LD NO~MBER 6, Town o[ Southold (herein called "Town"), ~ the ~unty of S~o&, New York, ~ be held on November o'cl~k a.m. (Prcvai~g T~e) and 9:~ o'cl~k p.m. (Preva~g T~e) sa~ to enable the vote~ then present lo~ng ~o~sition No. 1, ~ subst~- ti~y the ioBow~g form, shah sub~tted to ~e q~ed voters of the Town and shah ~ ~cluded ~ the Notice of such Biennial Town SHALL ~E ~SOL~ION ENTi i LED: "Bond RePletion of the To~ of Southold, New York, adopted August 28. 2~1, autho~- ~ ~ re~ pro~.y, ~clu~g, but not ~ted to, development fi~ in o~n a~cultural lan~, wi~in ~d Town. for the p~a- tion of o~n spa~s and areas and to maint~ and enhan~ the contra- provided, however, that no such provgions of the state environmen- tal quality review act have b~cn ~mplied ~th and a final declara- ~en duly declared statingthe esti- mated maximum cost thereof is $2,~,~, appropriating said amount therefor, autho~ng t~ ~u~ of $2,~,~ se~ bon~ of ~id To~ to ~an~ ~d appro- priation, sm~g that land ~staR- ment purchase obligations are · is ~nd resolution and dete~- ~6~at t~ bond re~lu~on shah be suoj~t to a mandato~ referen- da,'' BE ~PRO~D? ~ abstrac~ of ~d ~nd resolu- ~d eff~t thereof, ~ ~ follo~: FIRS~ ~C~ING ~at p~su~t to S~on 247 of the New York General Municip~ Law ("Section 247"), the Town of Souihold ("To~"), is authored to a~uire ~ter~m or ~m ~ re~ pro~.y for ar~ ~d ma~t~g ~d e~anci~g resour~s, as defined therein; that such a~u~ition of ~teres~ or rights ~ real pro~Ry ~hrou~out the To~ must be found, determined and Oeemed to ~ newsy, ~ the public interest and a properpubHc pu~se ~ov~ions of Section ~7 and the wn desires to implement the land a~uisition and financing pro.am SECOND: A~ORIZING the Town to a~re by purcha~, gift, ~t, bequest, devise, lea~ or other- w~e, the fee or Ray lesser ~terest. development right, easement, n~ss~ to achieve the p~oses of Section ~7, in various patois of real prope.y, including, but not ~ted to devclopmcm rights ~ ~en a~i- cultural lands, w thin the Town, for the prevention of open spa~s and the con~ation of natural or s~mc resour~s, after duc notice and a pub- lic hea~g, pursuant iQ thc prove- siGns of Sect on 247 and appH~blc provisions of the Town of Southold Code. including incidental costs acquisition ~ei,:g hereby found, deter~ed and deemzd to be neces- ]Z-rest development ti~t, ~t, c~venant, or other ~ntractual fight in any pi~ or pa~l of ~uc~ lan~ shah ~ ~ a~u~ed ~t~ au relevant provisions of the State En~onmental Quality Review Act ("SEQRA"), have ~en comp~ed with ~d a ~ai declaration as to en~onmeuta ~pact h~ ~en duly d~iared by the entity duly autho- red to make such dete~natio~ ~d declarafiou; STATING the ese- AppROPRIATING ~2,~,0~ pay ~d ~st; and STATING th~ plan of financing includes the gsu~ wtthin ~e Town to pay the p~cipal of said bonds ~d ~terest thereon; ~IRD: AUTHORIZING the ~suan~ of $2,~,~ serial bonds of the Town pursuant to the Local ~o~k ("~w"] to ~anc~ said appro- STATING the ~riod of probable usefulness npp~cable to the class of obiects or pu~osgs for which said thirty (30) y~arg that ~ ~ a ~on , +~ Gl such ~n~ or any ~d ~ticipa- STATE Of NEVV YORK) )SS: C..~.UNTY O~J~ SUFFOLK) D[.~/') LY-~, ~?-~',~dF) of Mattituck, in said county, being duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said for '/7/ on Sworn to before me this Newspaper once each week weeks succes..3ively, commencing the ,// day 2o, / ~,~/~d~Cil~al Clerk DAVID W. OLSEN Nolary Public, State of New Yo~ No. 02OL6020974 Oualified in Suffolk County Commission Expires Mamh 8, 20 0'~.~ found, beia$ necks- risht in any piece il all ~nvir°n_m.e..n,u~h~v'e- i~eu comptied' with and a ul~m ,,~. has been duly enV~oumeutal impact. . lared b the euttty duly d~cj ~Y-~'e such deteruuuau,~? rlzeo to um~ STA~NC' the estt~ ' ' and d¢claratton; ' 2 000,000, ..... NO $2,000,00u to of ~au 8 ..... ~s of the ToWn ann m%; ~, ,axable real prop~r~Y, ~h~u the Town t9 pay th.e~p_'...~l~ , · ,~,,~ Town pursuant ? th · ~-w l york ("Law) to finance sa PP {~{~ pria~°~C~-13.I. DETEP.~ilNING and Ofg usefulness apphcaUl¢ ~-~-'~hich said , o,( °,boJne~tssa~er aPuU~q~o~d,~ be issued ts ~ F~' oi such bondS o.r a~_y.._d in the form 3" .~ o~ obli~,~fious purSuau } of ,J~e uoa~ ' s i~{s._~, _.~ _ ~ 'rnwn for expenditure exceed five (5) years; ' ' SIXTH: DELEGATING io the amicipation of said bonds, or ihe renewals thereof; and TOWN OF 8OUTHOLD, NEW YOEK NOTIC~ OF PROI~O$1TION TO BE SUb,lin z.o AT TH~ BIENNIAL TOWN ELECTION TO BE HELD NOVEMBER 6, NOTICE IS HEREBY GIVEN that a Biennial Town Election of the Town of Southold (herein called "Town"}, in the County of Suffolk, New York, will be held on November 6, 2001, between the hours of 6:00 o'clock A.M. (Prevailing time} and 9:00 o'clock EM. (Prevailing Time) or as much longer as may be neces- sary to enable the voters then present to cast their votes, and that the fol- lowing Proposition No. i, in substan- tially the following form, shall be submitted to the qualified voters of the Town and shall be included in the Notice of such Biennial Town Election: PROPOSITION NO. SHALL THE RESOLUTION ENTITLED: "Bond Resolution of the Town of Southold. New York. adopted August 28, 2001, authoriz- ing the acquisition of interests or rights in real property, including, but not limited to, developmental fights in open agricultural lands, within said Town, for the preservation of open spaces and areas and to main- tain and enhance the conservation of natural or scenic resources, provid- ed, however, that no such interests or rights in real property shall be acquired until ali relevant provisions of thc state environmental quality review act have been complied with and a final declaration as to environ- mental impact has been duly declared, stating the estimated maxi- mum cost thereof is $2.000,000, appropriating said amount therefor, authorizing the issuance of $2,000,fi00 serial bonds of said Town to finance said appropriation, stating that land installment purchase oblig- ations are authorLzed to be issued pursuant to this bond resolution and determining that this bond resolu- tion shall be subject to a mandatory referendum," BE APPROVED? An abstract of said bond resolu- tion, concisely stating the purpose and effect thereof, is as follows: FIRST: RECITING that pursuant to Section 247 of the New York General Municipal Law ("Section 247"). the Town of Southold ("Town"), is authorized to acquire interests or rights in real property for the preservation of open spaces and areas and maintaining and enhancing the conservation of natural or scenic resources, as defined therein: that ~uch acquisition of interests or rights m real property throughout the Town must be found, determined and ~teemed to be necessary, in the public interest and a proper public purpose of the Town in accordance with the provisions ol Section 247 and the Town desires to implement the land acquisition and financing program hereinafter set forth and to authorize the issuance of land installment pur- chase obligations for such purpose: See LEGALS nexl page §ed v · o[ the Town at the [~iennial Town Election to be held m November 6, 2001 and that this )ond resolution shall take effect ~pon such approval. ~.ugust 29, 2001 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE TOWN CLERK 040-1TS6 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ,~l~(J ~L~"('JA--~ of Uattituck, in said counlyfI, b~ing duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished 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 pdnted copy, has been regularly pub- lished in said Newspaper once each week for ~ weeks successively, commencing on the (49 day of . 20 Oi .. ' ";.O- i C--%~nncipal Clerk Sworn to before me this ~ day of ~-'~. 20 0 ~ t SC. LIE ilo ~d, iii t~he Hall, Sc. uths. ld, New York, ~Prevailing Time:~ . There were presen~: 8s. ar.i Hembers: Ei'iTF A,2T C,F [leetih~ of Ehe Towt, B::aL'.J c.f Eite To,']n cf S-4~thold, iii Cc. unt~ Df 'Su~{,lk, New Y:zrk ~.u:p~s~ 27., 20('1 meeLin~ cf L~e i,DWn Boarl of the County of 5uffoik, New Y~rk, w~s held at Town ~ 00 ,.. ,-h,~k P.H. HOb. Jean W. Co.shran, Supervisor; and C.:.L~r~.rilman Craig A. Ri~cher Coun.£ilman John H. Fomanelli Co~mcilman Brian G. Hurphy Councilman William D. Hoore '?here were absent: Justice Louisa P. 8vans Also presenE: lz~=beth Neville, Town Clerk Gregory F. Yakaboski, 'rov~n Attorney John A. Cushman, Town Ccmpttoller Ccuncilman John [,I. Romanelli offe~ed the fclLowing resolution an.t moved i~s ad.r. ption: BOND OF THE TC,N[i ,2, F S,i,HTHOLD, HEN YC.R[.:, ADC, PTED AUGgST %R, ._001, AUTHORIZ IilG THE ACQUISITION .l,N N~TBPESTS dP RIGHTS L[] ~Fr!~EPTY, i[k'LUDENG, 8rjT HOT LI[.IiT~C. T.}, P~VEL.2, N.IEHT RIGHTS iH (i..P ~H AGN DTgLTURAL hA[iDS, NIiHI[J SAE[, TOWH, NC, P THE ~RESEPVATIOH ,i~P SPAC[$ AND AREAS AHD T.5 NAIHTAIH AHD [NHAH,iE TH~ ,.i"i,H S BR .rAT I OH ,DF NATNRAL RES,i,[JP C[S, PRO~JI E EL,, H,%,W~VEP, THAT HO SUCH LHTER~STS '],R RN3HTS IH REAh PROPERTY SHALL B~ ~?QUIR~D [JHl'ih ALL 8. ELEV~,HT PPOYESIONS u,F THE STATE ~HVE R,i,HHEHTAL FEYLEW ACT HAVE B~H CO[.IPhEED WETH AHD A FENAL DECLARATION AS TO ENVERONHEHiAL EHPACT HAS BEEH DULY [,ECLAPED, STATIHG THE ESTN,IATE~ HAXIHU[.I COST THEREC, F IS $2,000,000, APPROPRI}TIHG SAfD ANC, UHT THERSNOR, AUTHORIZiHG THE ISSUAHCE C,F $2,000, SBRIAL BONDS OF SAI~ TOWN 1'O FINANCE SAID AP PR,3, PR IAi IO[~, STATING THAT LAND INSTALLNE[~T PURCHASE OBLIGATIONS ARE AUTHORIZED TO BE ESSHED PUPSUAHT TO THIS 8C, ND RESOLUTION AHD THAT THIS BONN NESOLUTIC,[J SHALL 8E SUBSE,2T TC A [fAH DATORY REFERENDUH. Recitals WHEI~EAS, pursuant ~o Section 247 of r_he General Hunicipal Law, constiEuting Chapter 24 of the Consolidated haws sf the SEaZe of Hew Yolk ~herein called "SecEion 2~7"}, the Town af Southcld, Suffolk Cc, un,y, New York iherein called "Town"), is auzhcrized zo aoquire znterests or rights in real properEy for %he preservation of open spaces and areas as defined in SecEion 247; and WHEREAS, such acquisition of interests or rights in land situaYe ~hroughouE the Tc. wn for the preservation .Df open spades and areas and maintaining and enhancing ~he conservaticn of natural resouroes, as defined in SecEicn 247, mus% be fount, de~ermhned and deemed to be necessary, in the public inEerest and a proper public purp.?se of the Town in accc r.'lance with the f in.tir- q.s and deEerminations of the St~Ee Legislature as set forEh in S~ction 247; .:n.t imp 1 ~ ~TL~ n ~- the ~N_I £:~th Jnd to ~u~ 2i~ase cbl±gatiens such inPerests or haW, therefore SUFFOhK, NEW desires to he~einalter aeql~isition less than three-fifths FOLLOWS: of all ~he members :)f said Town Boardl Section 1. The Town is hereby authorized to acquire by purchase, gift, grant, ~equest, de..~ise, lease er etherwise, the ~ee or any lesser interest, developme~iE right, easement, co .~enmnt er other csntracEual right neeessar5 to E,'2hiez~e the purpsses .sf Sec2ien 24/, in various parcels off real pr}petty, incluting, but hOE limiYed ~o, developmenz rights in open agriculzural lands, within the Town, for the preservdtion of open spaces and a~eas and ~o maintain and enhance the conservati{ui of natural or scenic resources, afYer due netice and a public he,ring, pursuant: Eo the provisiens of Section 247 and applicable provisions of the Town of Southold Cede, including incidental costs incurred in relation ~here~o, such acquisition being hereb5 fc.~md, determined ami deemed to be neeessary and in the publi2 interest and a proper public phrp.u, se cf the Town in accoriance wi{ih the finiings and determinations set forth in Section 247; prs?ided, however, that ne such right, including the fee or any lesser interest, or development riqht, easement, cevenan~, er o~her cen~aotu.~l right ~n any piece or parcel of such lands shall be so acquired tniEil all TOWN BOARD C,F THE TOW[i ,?,F SOUTHOLD, III THE ODUUTY ON YORK, HEREBY PESOLVES ~b>' the favorable vote ~f not AS deslaratien tine entit/ declaratisn. purposes, of the State 2}uali~y Re~iew Act .rc.hs~itu~ing .-.rticle :s cf the [~e..~ ~ork Law, h~?~ beeh c:)m~l~e.t nith ~ni s final as t.c en/irohmental impac~ h~s teel~ dul- .tool ared ir,} .iuly au~haz:ized ?o m~ke such letermind~l cn and The estimated total cost .£.f said class of objects .Dr including preliminary costs and costs i~ci{~ental there~c. and the financing thereof, is $2,000,000, an_4 said am.~.unt i5 hereby appropriated therefor. The plan of lihancing includes the issuance c.f $2, 0,i, 0,000 serial bonds of ~he Town ~o finance said app~'epriatien, and the levy and collection el taxes en akl the taxable real property in the Town to. pal/ the principal of said bonJs ahd the interest thereon as the same shall become due =nd Section 2. Serial bonds .}f the Town in thee principal of $2, 00,-,, 000 are hereby a~t~orized t¢3. be issued pursuan~ to amount the provisions .of the Consolidated Laws of the State si "Law"), to finance said appropriation. Section 3. The fo±lowing additional determined, stated and declared: ~a} The period o~ probable usefulness :~Djects or purposes, as des.rribed of the Local Finance Law, constituting Chapter 33-a New York iherein calle.t matters are hereby .font rdc%ed by ~ortion of the indebtetness to be the Town for the purpose of financing the acquisition bonts authorized pursuant to this within Lhe limitations e[ Sectic.n Yhirty 130} \'ears. Ail or a of said class of herein, for which the serial resolution are tc. be issued, 11.,10 i~> ~1. of the Law, is st -?uch riuhts in real pr.ipe~'ty may be issueci in the form .Df ~ l~[id inst~iiment purch~se .~.biigd~ioF~ .i.r 'lbilLg~Cious pursu~n~ ~;:. ~he provisious of Se.r~ien 2%.10 c~ ~he ha:~; anv Nortich .f said estimated maximum cost 2ha: is et a land ~nst~llmeF~t {:.bligatic:n or t_hu}ugh the issuance of such ban,~s issued in auticipation .of ~he s~le ncr fLn=ncefi iii,' the issuance .?,b~igeti.~.l'~s ma. be fi~ianced or bcud anr_icipation notes such boncis. The praceeds 0£ the b.~,nds hezein authorized ancl ~ny bond anticipation notes issued zn anticipati}n of said bonds mai' be applied to reimburse the Town fc.r expeF~ditures made after tlhe e~ective date of this resolutioi'~ f.~.r the pdrpose or purposes for which said bonds are authorized. with respect to reimbursement 1 . 150-2 Regulation Section ~epartment. {ali The bonds will exceed five Section 4. The feregokng statement of intent is ma.lo in conformity with l?re~sur_v of ~he United States Treasury shall cc. ntain the recital of validity as prescribed b}' Section 52.00 of the Law and said bar, ds and any notes issued in anr~i~-ipatic.n cf saiO bonds, shall be general obligations ef the Town, Nayable as to both principal and in~erest by general t~x upon all the ~axable real proper~y within the Towh wi~hou~ limitation c.f rate or amount. The fait~ and credit of the Towu are hereby irrevocably pledged Eo the punctual payment of the prinoipal of and interest on said bonds and an}' notes issueO in anticipation of the resolution and any bond anticipation notes issued in anticipation of ~_he safe ef said bonds as well as any bond purchase c.b] igatien proposet maturity o~ sait $2, 000, 000 serial (5) _cea r s. Each ef the bonds authorized b}' this sale ,al s,al{t and provisian shall be Ih!~de armuaiiy kn tile bu~i.~et of the Town b~ appropriati.ln fl.r , ~i the am~.r~iz~t i-'.n and red.emF.~l.%n of ~he bends alld any ni~es in ~ntic'ipaKi.lh ~herer}f e:i ma~ure ih s~lch yeaE an{l (b) ~he paymen~ .i:f interes~ t.?. be due end pal.able ~n sush ear. Ses~ioh 5. Subjec~ to the provisions of this ~-esciu~ion and of ~he Law and pursuan~ t3 ~he provisions cf Ses~i.l.n 21 l0 Eeia~ive Lo ~he authorization of Lhe issuanse cf bonts with substantially level or declinir~g anliual debt service ~n.:t of Section 30.00 relative ~o the auYhorixa~ion of ~he issuance of bond anticipation no,es and o~ Section b0.00 and Sections 56.u0 Lo st the Law, ~he powers and duties os the Town Board relative ~ithorizing bond anticipation notes and prescribing the terms, ~orm and contents and as to the sale and issuance o~ ~he bolids herein a~i~horized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of sa~[d bond anticipation notes, are hereby delegated ~o the Supervise{, the chief fiscal cfficer of the iot,~n. purpcse O r Section 6. The validity of the bonds authorized by ~his resolution and of any holes issued ii1 anticipation of the sale o~ said bonds, mai be contested only if: such oOiigations are author[zed for an object or for which the Town is not authorized Ee =x~ehd ~oney, ibl the provisions of law which should be c.'z~mp1Le.i at tile date of the publicati:sn of such resolution are not substantially complied with, and an action, s~iY or proceeciing con~es~ing so~enced ~i~hin twenty days after the d~te (c) such obligations are authorized provisions of the consEiYu~ion. suoh validity, is such publication, or in violation of the Se.;Yi.?.n 7. A proposition ~.c.r the ~pFr~.-~al or dis=Npravai of this b.}ni~ resc:iuri.z.F~ shall be submitted ~s a ProNc. siticn to ~he qaali~iel seers cf t~e Tswn at the Biehnial Tlwn ~lecti.-,n be %his bond res.}l~ic.n Pr,rNosit~'sn by sai{] /oters sz the held on Nz.vemh. er 6, 2001, and effe.£'~ upon ~.i'~e aEp~-o~ai of the 'I'OWR 8~ that referendum vc. Ee. The adrsptir}n cf foregoin.l resolution ,:}OkNLeiimen ,?~'ai~ R. Ri~cher an&J duly ~1i~ %o ~ ~?.:.~e on W~LiCh resni~i~d as AYES: .c.:.nte~ b. r31] ,rail, ,~'.~.un.s~lman Craig A. P2tche~ Councllmali John [.1. ,:2eunciiman Brian G. Murphy Co~ncii~L~n Niiiiam [,. [,k::,re Supe~_~isc. r .lean W. Cochran N,?,ES: None ~he resolLltioi1 was declared ad.-.p~ed. Councilman John M. Ro~ane~i resoluEiE, n ant moved its adopEion: THE TC, WN BOARD C,F THE TOWN oF SOUTHC, L[,, SUFFOLK, NEW YOR['i, HEREBY R~SOLvES AS FC, LLO~S: Section ~. At t~e Biennial Town E:le.Ttien S©uLhe~d i herein called "Tewn"~ , Yor~, ~.) be held on Novem~.er 6, o'clock A.N. Tine} er _~s mu.sn lenger ,~s may be necessary ~o enable the ~hen presen~ t.c, cast their votes, Proposition No. 1 subsYan~ially the following form, s~all be snbmitted qua£ified voters of tne Tc, wn and snail be such Biennial Tewn Election: the f.i.1 io..~ing THE COUNTY .Df the Town in the C~.unty of Suffolk, New 2001, beEween ~he hours o~ 6:00 IPL-evailing ti~Lel ~nd 9:00 o'eieck P.M. iPrev~iling voters , in ~he included in tile Notice of PROPC:'SITI,2,[i Ii,i,. 1 SHALL THE RESC'LUTIC,N ENtitLE[,: "8::,nj Pesolutioh cf Eiie Town d:f S2, uth'i, id, New ~':2rk, ed:~,F~ed Auqus~ i~, 2001, authorizAn,l hhe a,2l{tlisiEich cf 2nkerests :r,r zi~rs in real property, includin,{~, ~zut nc',~ iNnited Ee,, teve lcpmen~ai ri{~hts in ,:}~en aqr ~,'suit ur el ~ands, wi2hin said Tl,wn, {si th6~ ~sreser~, ~ion o~ o~2en s~a,?es and ~Eeas ant ~o maihteih and enhance prov~ied, however, that no s,.~ch ihterests or rights ih real prcperty shall be acquired until ail relevant provisions of the s~ate enviroumeht ~i q~ali~y re~riew ace have been ,:rompiiei wi~h ant. e final declaratic, n as 2c envir:t, nmen[~l impact has been ,tul~ declared statihg the ~estimated maximum cost thereof is $2, r~O(' , 000, appropriating sai~i amount therefor, atttho~ izing the issuance cf $2,0n0,000 serial bc, lids of said Town ~,l, fineuce sail appropriahicn, s2ahing that lend inshallmenh pur,zhase obligahions are authorized ~o he issued pursuah~ to this ]2ond resoiuhion and de2erminin~ that this b:?,nd resolutioh shall be subjech ~o a manda2ory referendum," BE APPROVED? An abstract of said h',onJ ~-esolution, ,c,s,u,risely stating purpose and effect thereof, is as NIPST: ~ECITING that pursuant to Section 247 ,sf the [Iew York GeF~eral Hunicipai Law I"Section 247"'~, the Town of Southold ~"Town"} , is authorized te acquire interests or rights in real property for the preservation of open spaces ant areas and maintaining and enhancing the conservation of ~iatural or scenic resources, as defined therein; that such acquisition of interests or rights in real proper~y r_hroughouE the Town must be found, determined and deemed to be necessary, ill the public interest anO a proper public purpose ef the Town in accordange with the provisions of Section 247 ant the Town desires t,% implement the land acguisiEian and financing program hereinafter set forth and to authorize ~he issuance of land installment purchuse obiigar~ions for such purpose; SECOND: AUTHORIZING the Town ~o acquire t~y p~rchase, gift, gr~nt, bequest, devise, lease cr otherwise, the fee or any lesser interest, development right, easement, covenant or other oontractu,~i righ~ necessary ~c achieve the purposes ,of Secthon 242, in ~arious par2els of real property, includihg, but not limited to, te~eloTment rights in open agricultural lands, within the Town, far the preservation of open sp~ces and areas and to maintain and enhance tile conservation of natural or scenic resources, after due notioe an{~ ~ public hearing, pursuant to the previsions of Sec~icn 247 ant applicable previsions of the Town of Southold Code, inclu,lin~ incidental costs incurred in relation ~hereto, s~ch acquisit ich being hereby fo~tnd, determined ~nd 2earned to De uecessa~" ~n,2 in ~he public interest and a pl~per public pnrpcse of the TcwF~ in with tile Zindings -ieterminati.3ns £sr~h in SeEtir'.n 242; pDlyi.2ed, h{.wever, ~ha~ n<. such right, inola'lh~g the fee er ahy lesse~ ih~rest, de-r~l.~pmehr ~ight, [.ureel c.z such l~nds shall be so ~2qdired init il uii prc'.zs~z, ns cf ~he S~aYe Ehvir.>nmentat Quaii~y Reziew ha~.~ be~n .2smpiied wi~h and a findl .i{e.21a~-e~ken as ~c. en~.i~-i, nmen~al impuc'~ has beeh llily leelared b'. the entity .i~ly authorired ~s make such de~ermihaEi.2.~ and ~ile.ilaEatic~i; SisiING the estimated rose thereo~ is $2,000,000; APPPOPRIATING $2, 000, 000 ~3 ~-a= suid .7.i.s%; and STATING ~he plen of f~nan<-~nc iniluiles ~he issuans~ of $2,000,000 seriul bonds of the Town and ~he levy and .rslieetion .~f ta~es ~psn all the ~axable reui properly within the T.lwn ~c Nay ~he principal of s~id bDnds ~nd interes~ thereon; New Tc, rk THIRD: AUTHORIZIIIG the issaan:re or $2,0F, C,,000 serial the T.E. WR Nursnant ~o r_he Local Finahce Luw c:~ the :3~.~te af "Law"} ~o finance said a~pro~riation; FOURTH: DETERr. IINING and STATING the period ;f p[oi;able usefulness a~plicable te the class .,f objects c.r puz-poses zc.r which s.~id bonds ere ~uthorized [o De issued is chirt' {3,2~ years; that all er a perCion of such bonds or any bond anCioipation nozes may be issued ih the form of a la,id ins~allmen~ purchase obligation cr obligaCions pursuant ~o Section 29.10 ef the Law; the proceeds cf the bends mai' be used E.c. reimburse ~he Town for expenditures made atter ~he effecLive date hereef ~ou the ~urpose for which said bonds are al~h.crized; and ~he ~rcposed maturity of seA.l serial bonds will ex.2ee{~ five (5~ years; FIFTH: DETEEHZNING that said boi-~.ts and ail:' bond anticipation neCes issued in anticipaEioti ef said boncts and the renewals of said boF~d anticipation heres shall be general obligations o£ the Tewn; and PLEDGI[IG to tileir paymen~ the fai<h arid c[edit Df the Town; SD.'_TH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bend anticipation ne~es issued in anticipation of said bends, er the renewals thereo[; and SEVEHTH: DETERP/IHING that a Propositien rot the aEproval sz disapproval ef this bond resolution shall ~2e submittec ~o the qua£ified voters ef the Town at the Biennial Town Election to be held on NovemDer 6, 20,1,1 aFrO that this bond reselution shdil take effec~ upc. r~ such appreval. Said shall appeer sh label to be [nse~te,i iii the voting machines r,, be used fsr ~Tet:inq in substantially Ehe followih~t form: PPOPOS ITION 'rES SHALL THE RESOLUTIC,[I EH'rIFLED: "BiF~d Pes.3. iutic, n c.f the T.::,~.n c.f Sauthold, New Y,irk, ~loNte.i Auqust 26, 2001, ~uthorixing the acqu~sitic, n of interesEs rights i~ real prc:.pert, N~.sludihg, but not limite~ t:~, develc, pmental rights in ,open agricultural lan,is, wizhin said TowN, for Lhe preserva~ien of open spaces and areas and ~c', maintain and enhauee proviied, however, Eha~ n5 such interests ,i,~ rishEs in real property shall be a.:rquired unt~i all relevant provisions of the sEate environment>~ 1 quality review ace have been eomplie.:i with and a final deeiaratioh as to envire, nmental been luly declered, sEatinq the estimated maximum cosz thereof is ~ ~Z, b'~'~, amount therefc, r, auEhorizing the lSSttance af $2,000,000 serial bonds ,?,f said Town ~o finance said appropriaZion, s[atinc~ thai land inszallmenz purchase obligazions are authorized tc, h,e issued pursuant to this bond res,?,luticn and determinJn,l that zhis boud resoiuEic, n shall be subjec~ It, a mandatory uc~z~ndum, BE APPP,S, VE[, Bi' ,order of r_he Town Board DoLed: Auqus~ 28, 2001 ELIZABETH ~ .~. NEVILLE Town Clerk The Towh Clerk is dirested t5 publish aS l=ast ,)nee newsFa[ser pu~-.lished in S%uLh:llt, NeL' Y:zrk, hereby c,~ficiel newspaper of the Towh f~r such N:.uk.i~c~i~n, "THE S U FN,i'L~i T £[.'IES" a .lie S i.ln :~[ .:d tile Section ~0 cf ten ~ 101~ thereof, iF~.riud.ing ~_he said Prcposi~ish NO. 1 i~sapprova~ of ~he ~(2, nd Pesolution adoptet at r_he Tc. wn Law, s~id Fl.~biic.~_icn and posEihg t:C. be at days before the Bienhial To,./n Elechion, the Notzce for ~he ~pp~'zval or this mee~inq. Se.rti.sn 3. The p?,liin~ places in each sf r_he respective election distris~s ef r_he Town shall De the same polling plLaees as shall be use~ as General Elections. Sectinn 4. AfEer sai:] bond resohiEien shell Eake effetE, ERe Town Clerk is hereby direcYed to c~use ~ sumptuary of salt bond resoh~tion to be published in r_he news[~per referred to in Sectier~ 2 hereof, and hereby designated the .?fficial newspaper of the Town ft.r said publioati.:}n, form as provided constituting Ch_epter 33-a New York. SecZic, n i~nedia~e 1 y. Eoge~her with a Not£ce in substantially Ehe Section 81.0,) of the Local Finanre h~w, of the Consolidatet Laws of Lhe S~ate cf This resolution shall take effect the C.£.un.2ilmaF~ Craig A. NichEer and duly [_itt t.~ a ~'i. te fn ro].l call, whi.2i~ resui~ei as followP~: AYES Councilman Cr~i~ A. P±chter C:Suhcilmah Jihn H. Pc,m~nelli Councilmah sriah G. H~rph. Councilmai'~ william D. Supervis.%r J~li W. The resclution was declared aci.r, ptec{. c£FTiFICATE ELIZABETH A. [IET'iLLE' Town Clerk :'fi ti~e ~he ,7,':,u ~ti' c,f suff.c, ik, Stare c,f New 'fork, HEREBY the f,c~ego/n'aj alili~l'l~"fl extr~,z:t f~,z,nt the Southold, ,.E?ilF~ ~haV~ ~n.a held on Au.zJUS~ 28, 2001, has been .:-ompare.t by tae wi~h the original minu~es as .z. zficially recorded in my office in hhe [4inure E<:.ok nf said Tov.<z Bc.~ri and is a true, complete and coEract copy therecf and <.f r. he ~hole of said original minutes so tar as ~he same relate ~.~ v_he subjec~ maC,ers referrei no in said extracn. my hand and seal ol said of Southold this 28 WITNESS %,~HEREOF, I have hereunto se~ affixed the ,:orpcrate hhe Tow~ .of Au.gust, lO01. STATE OF NEW YORB COUNTy OF SUFFOLK ELIZABETH A. NEVILLE, being duly SWorn, deposes and says: That she is and at all times hereinafter mentioned she was the duly elected, qualified and acting Town Clerk of the Town of Southold, in the County of Suffolk, State of New York; That on ~ ~-7~ , 2001, she has caused to be COnspicuously posc~~~p on the sign board of the Town maintained pursuant to Subdivision 6 of Section 30 of the Town Law, a copy of the Notice of the Biennial Town Eleccion to be held on November 6, 2001 setting forth Proposition No. 1 to be submitted co the qualified VOters of the Town at such SpeCial Town Election, together with an abstract of the bond resolution duly adopted by the Town Board on August 28, 2001 and the form of said Proposition No. ~1 as the same shall appear on the voting machines to be used for voting at said Biennial Town Election, for the approval or disapproval of which such Proposition is to be submitted, a copy of which Notice is annexed hereto and made a part hereof. Subscribed and SWorn to before me this ~t~ da, of [ ~ ~~_, 2001. of New York LYNDA M BOHN NOTARY PUBLIC, State of ;'Jew Yo, l-. No. 01 BO6020932 Oualifiea in Sulfor~ County Term Expires